Criminal Case Results: Federal Drugs Charges for Possession with Intent to Distribute Cocaine and Fentanyl: 60 Months

Drug & Narcotics Offenses

Police Report: Members of the Rhode Island State Police and Federal Drug Enforcement Agency conducted a long-term, wide-scale investigation into the distribution of large quantities of cocaine and fentanyl in Rhode Island. These efforts led to the arrest and indictment of nearly 20 individuals in federal court. One man was originally arrested and charged with Possession with Intent to Deliver Cocaine and Possession with Intent to Deliver Fentanyl. The initial charges did not allege any specific drug quantities; therefore, the initial charges did not call for any mandatory minimum jail time, if convicted. As time passed and the investigation continued to progress, federal prosecutors obtained a superseding indictment against the man, which alleged Possession with Intent to Distribute 5 Kilograms or More of Cocaine and Possession with Intent to Deliver 400 Grams or More of Fentanyl. These new charges, upon conviction, called for a mandatory minimum jail sentence of 10 years. The man retained Federal Criminal Defense Lawyer, John L. Calcagni III, and Attorney Frank L. Orabona, Esq. to defend him against these charges in U.S. District Court for the District of Rhode Island. After approximately 18 months of pretrial negotiations, the attorneys successfully negotiated a plea agreement with the government that called for the man’s admission to lesser drug charges and a joint sentencing recommendation of 60 months. The plea agreement allowed the man to escape exposure from a potential mandatory minimum jail sentence of 10 years. At the sentencing hearing, Probation found the man responsible for more than 5 kilograms of cocaine and 6 kilograms of fentanyl. This resulted in an advisory sentencing guidelines range of 108 to 135 months. Notwithstanding this much higher range, Attorney Calcagni successfully persuaded the Court to adopt the parties’ 60-month jail recommendation, approximately 50% less than the applicable guidelines.

Criminal Case Result: