Federal Fentanyl Trafficking Charge Reduced, 30-Month Sentence
Criminal Charge:
Man charged in United States District Court for the District of Connecticut for:
- Possession with Intent to Distribute 40 Grams or More of Fentanyl, in violation of 21 USC §§ 841 (a)(1), (b)(1)(B) and 846
City, County, and Court:
- New Haven, Connecticut
- United States District Court for the District of Connecticut
Case Overview:
Agents from the Drug Enforcement Administration were investigating a Massachusetts man who they believed was manufacturing and distributing counterfeit Percocet pills made with Fentanyl. The investigation was primarily driven by multiple confidential informants, all of whom had prior criminal records and were working to offset their own criminal exposure for unrelated crimes. Based on information provided by these informants and gained from surveillance, agents obtained and executed search warrants at the man’s business and home. The search of the business yielded no evidence of drug manufacturing, but inside the man’s home, agents located a bag inside his kitchen closet that contained 785 pills that tested positive for Fentanyl. This discovery led to the man’s arrest and indictment in United States District Court for the District of Massachusetts with Possession with Intent to Distribute 40 Grams or More of Fentanyl, in violation of 21 USC §§ 841 (a)(1), (b)(1)(B) and 846. Upon conviction, this crime called for a mandatory minimum jail sentence of 5 years and a potential maximum sentence of 40 years. The man retained Federal Criminal Defense Lawyer, John L. Calcagni III, to defend him in this matter.
Case Result: 30 months of incarceration.
After making an unsuccessful bid to have his client released on bond, Attorney Calcagni prepared, filed, and argued a motion to suppress physical evidence, which challenged the lawfulness of the search warrant relied upon by agents to seize the drugs. Attorney Calcagni emphasized the unreliability of the informants, staleness of the information provided, and more. Notwithstanding these efforts, the Court denied the motion. Next, Attorney Calcagni persuaded the government prosecutors to approve a plea agreement that enabled his client to admit guilt to the lesser offense of Possession with Intent to Distribute Fentanyl, in violation of 21 USC §§ 841 (a)(1), (b)(1)(C) and 846, which did not call for any mandatory jail time upon conviction. At the time of sentencing, the man faced a maximum potential punishment of 20 years, and a U.S. Sentencing Guidelines range of 41 to 51 months, which the government recommended. Attorney Calcagni successfully persuaded the judge to impose a sentence of 30 months, citing his client’s age, well-documented substance abuse problem, family support, sobriety, and potential for rehabilitation upon release. Once released from incarceration, the man must also spend some time on supervised release and abide by conditions to ensure he maintains his sobriety.