Charged with Possession of Fentanyl in Rhode Island
Criminal Charges:
Man arrested by Drug Enforcement Agency and charged in U.S. District Court for the District of Rhode Island located in Providence, RI for Conspiracy to Possess with Intent to Distribute 400 Grams or More of Fentanyl
Case Overview:
The Drug Enforcement Agency (DEA), along with state and local law enforcement agencies, conducted a wiretap investigation into a large cocaine, heroin and fentanyl distribution network operating in Rhode Island. Nearly 20 individuals were arrested and charged, to include the target and leader of the drug organization. As part of the wiretap investigation, a series of calls were intercepted where law enforcement overheard the leader and a Hispanic male discussing the sale of approximately 500 grams of fentanyl. The discussions also included price, potency, quality and mixing ratio for the deadly drug. After listening to the calls, agents performed surveillance of a known drug runner for the organization and the Hispanic male who they believed had ordered this fentanyl. This man was eventually arrested and charged in U.S. District Court for the District of Rhode Island with Conspiracy to Possess with Intent to Distribute 400 Grams or More of Fentanyl. The man retained Federal Criminal Defense Lawyer, John L. Calcagni III, to defend him in this matter.
Case Result:
Time Served (26 months). Attorney Calcagni spent nearly two years carefully examining the discovery materials and wrestling with prosecutors to reach a plea agreement. The man faced a mandatory minimum sentence of 10 years based on the offense. Attorney Calcagni would not accept this harsh result for his client. Though the man had a prior state court drug conviction, he had never served time in prison and fell under criminal history category I of the U.S. Sentencing Guidelines. Once an agreement was reached, the man admitted guilt to the charged drug offense in federal court. When the matter proceeded to sentencing, prosecutors from the U.S. Attorney’s Office fought hard for their recommended sentence of 51 months, which was below the guidelines recommended sentence of 57 – 71 months. Attorney Calcagni focused his arguments on the man’s family, limited criminal history, substance abuse history, post-arrest conduct, and inevitable deportation due to his not being a U.S. Citizen. Based on his sentencing memorandum and sentencing arguments, Attorney Calcagni successfully persuaded the Court to impose a sentence of time served (26 months).