Conspiracy to Distribute and Possess with Intent to Distribute Fentanyl in Providence RI

Charges

• Conspiracy to Distribute and to Possess with Intent to Distribute 400 Grams or More of Fentanyl in violation of 21 U.S.C. §§ 841 (a)(1), (b)(1)(A) and 846
• Possession with Intent to Distribute 400 Grams or More of Fentanyl in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(1)(A)

Court Information

Providence, RI

United States District Court for the District of Rhode Island

Case Overview

Members of the Drug Enforcement Administration (DEA) were investigating a large scale fentanyl distributor operating in Rhode Island. Using a confidential source to order 10,000 fentanyl pills, agents detained the deliveryman who had the drugs on his person. Agents then flipped this deliveryman into a cooperator and encouraged him to place an order for an even larger quantity of the illicit drug. The cooperator did as he was instructed. When the next deliveryman arrived, he was found to be in possession of 75,000 fentanyl pills and separate package containing more than one kilogram of fentanyl. In total, the net weight of this drug seizure was 7263 grams, or more than 7 kilograms. This man was quickly arrested and charged by the United States Attorney’s Office in the District of Rhode Island. Once arrested, he retained Federal Criminal Defense Lawyer, John L. Calcagni III, to defend him in this serious matter.

Attorney Calcagni first worked to secure the man’s release on bail, citing his lack of serious criminal record, cooperation with authorities at the time of his arrest, gainful employment, young children, and other strong community ties. A United States Magistrate Judge set bail over the government’s objection. Further, over the government’s objection, Attorney Calcagni persuaded a Federal District Court Judge in United States District Court for the District of Rhode Island to accept the man into the District’s Deferred Sentencing Program. For the better part of one year, the man completed mental health and substance abuse counseling, maintained employment, and attended regular mentoring sessions with a panel consisting of an Assistant U.S. Attorney, a U.S. Probation Officer, and federal judge. At the time of sentencing, the man had an advisory U.S. Sentencing Guidelines Range of 168 – 201 months based on Total Offense Level of 33 and Criminal History Category of III. He also faced a mandatory minimum sentence of 10 years, which was lifted due to his eligibility for safety valve credit. Notwithstanding this high exposure, Attorney Calcagni persuaded the Court, again over the government’s objection, to not send the man to prison. Instead, he was sentenced to serve 3 years on supervised release.

Case Result

Supervised Release for 3 Years.