Fentanyl Possession and Intent to Distribute in Rhode Island
Woman 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.
Following a long-term, large scale wiretap investigation by the Drug Enforcement Agency (DEA), federal, state and local law enforcement agents arrested nearly 20 individuals on charges for distributing large quantities of cocaine, heroin and fentanyl in the District of Rhode Island. While monitoring jail calls for one of the charged defendants, authorities learned that the man’s girlfriend continued to operate his drug business while he was incarcerated. Using a confidential informant armed with secret audio and video recording equipment, agents conducted a controlled purchase of more than 100 grams of crack cocaine from the girlfriend. This information enabled DEA agents to obtain a federal search warrant for the woman’s home. Inside the home, agents discovery nearly four kilograms of a mixture containing both heroin and fentanyl, and a variety of drug trafficking tools, such as scales, cutting agents, packaging materials and more. This led to the woman’s immediate arrest. She was 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 woman retained Fentanyl Drug Defense Lawyer, John L. Calcagni III, to defend her in this matter. She faced a mandatory minimum sentence of 10 years based on the charged offense.
Time Served (19 months). Because she has no criminal convictions on her record, Attorney Calcagni sought to remove the mandatory minimum sentence. Her U.S. Sentencing Guidelines, influenced mainly by the drug quantity in this case, called for a recommended sentence of 87 – 108 months. The government pressed hard at sentencing for 87 months, especially since just before her arrest, the woman had been found not guilty after trial (with John Calcagni as her lawyer) of drug trafficking charges in Massachusetts. Attorney Calcagni pushed back against the government citing his client’s young age, no criminal convictions, history of physical and sexual abuse, drug addiction, lack of education and work experience, and falling victim to her own poor taste in men – various drug dealers she met while working as a cocktail waitress in a nightclub. The woman, a lawful U.S. Resident, also faced deportation due to her federal drug conviction. Based on these arguments, Attorney Calcagni successfully persuaded the Court to impose a sentence against the woman of time served (19 months).