Warwick Federal Gun Possession Case
Criminal Charges:
Man charged in the United States District Court for the District of Rhode Island for:
- Possession of a Firearm after Previous Felony, in violation of 18 U.S.C. § 922(g)(1) and 924(a)(2)
City, State, County and Court:
Warwick, Rhode Island, Kent County
United States District Court for the District of Rhode Island
Case Overview:
Warwick Police conducted a routine traffic stop of a vehicle traveling in the city. During an encounter with the lone male operator, police detected an odor of marijuana. The operator admitted to smoking marijuana, handed the officer a small baggie of the substance, and even pointed to some marijuana crumbs on the passenger side floor board. Based on this information, the officer called for backup and elected to prolong this routine traffic stop to search for drugs. Once police removed the operator from the car and searched his person, they discovered an illegal firearm in his waistband. Police discovered no other contraband. The gun was the basis for the man’s arrest. Because he had an extensive criminal record, the United States Attorney’s Office elected to prosecute him United Stated States District Court for the District of Rhode Island. The man was indicted with a single count of being a felon in possession of a firearm. His family retained Federal Criminal Defense Lawyer, John L. Calcagni III, to defend him in this matter.
Case Result: Time Served, Followed by 3 Years of Supervised Release.
Attorney Calcagni filed a motion to suppress the gun, arguing that under changes to state marijuana laws, the odor of marijuana was not a sufficient basis to extend a routine traffic stop to conduct a search for drugs. The federal judge presiding over the case agreed, suppressed the fun, and set the man free on bail. The government appealed the ruling to the United States Court of Appeals for the First Circuit. Because marijuana remained illegal under federal law, the Court of Appeals reversed the trial judge’s decision. Once back before the District Court, the man pleaded guilty to unlawfully possessing the firearm. At sentencing, his advisory U.S. Sentencing Guidelines Range was 46 -57 months of incarceration. The government argued for a sentence of 50 months. Attorney Calcagni opposed this request and recommended time-served, which amounted to 15 months, followed by a term of supervised release. The Court agreed with and adopted Attorney Calcagni’s recommendation.