Providence RI Possess with Intent to Distribute 40 Grams or More of Fentanyl Case

Charges

• Possess with Intent to Distribute 40 Grams or More of Fentanyl in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(1)(b);
• Attempt to Possess 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, Pawtucket Police, and East Providence Police investigated a Rhode Island man for drug trafficking. Authorities suspected he was using the U.S. mail system to receive his supply of drugs from the west coast, which he then repackaged and redistributed to his local clientele. After performing several controlled drug purchases from the man, authorities obtained and executed a search warrant at his apartment. Inside they discovered 1,003 counterfeit Percocet pills that were manufactured with Fentanyl, along with some cocaine and a large amount of U.S. Currency. Authorities also executed a search warrant at the man’s suspected stash house, where they found another 999 pills and more cash. Based on these discoveries, the man was arrested, charged and released on bail in state court. While on bail, authorities intercepted another mail package addressed to the man, which contained 9,998 additional counterfeit Percocet pills made with Fentanyl. This prompted the man’s rearrest, revocation of bail, and ultimate indictment for various federal drug trafficking offenses in United States District Court for the District of Rhode Island. He faced a mandatory minimum prison term of 10 years or 120 months. The man retained Federal Criminal Defense Lawyer, John L. Calcagni III, to defend him in this matter.

Over time, Attorney Calcagni successfully negotiated a plea agreement on the man’s behalf that resulted in a reduction of his original charges, which effectively removed his applicable mandatory minimum jail sentence. At the time of sentencing, the man’s advisory U.S. Sentencing Guidelines range was 87 – 108 months based on a Criminal History Category of I and Total Offense Level of 29. However, Attorney Calcagni persuaded the Court to impose a sentence of 36 months to serve, followed by a term of supervised release.

Case Result

36 months followed by a term of supervised release.