Are you looking for an example of a sentence for Federal Drug Trafficking? This following is not our case, but an example of what kind of sentence may be imposed in federal court. A man from Lubbock, Texas, recently faced sentencing in the Eastern District of Texas for violations related to drug trafficking offenses, resulting in a sentence exceeding 26 years in federal prison.
He pled guilty to one drug trafficking charge, conspiracy to possess with the intent to distribute over 5 kilos of cocaine, and money laundering. The sentencing came as the result of proceedings on June 20, 2023.
Details Of The Drug Trafficking Operation
From the information disclosed during the court proceedings, the individual, in collaboration with two others, was identified as a principal supplier of a large volume of cocaine, specifically more than 450 kilograms, over a period between 2017 and 2018. This illicit substance was imported from Mexico and then transported to several locations within the United States, including cities in Missouri, Virginia, South Carolina, Georgia, and Florida, among others. The three individuals involved were also implicated in extensive currency smuggling activities across the country.
Previous Sentences For Co-Conspirators
Two other individuals who were part of the same operation had previously received their sentences, amounting to 420 months and 235 months in federal prison, respectively.
Involvement Of The Organized Crime Drug Enforcement Task Force (OCDETF)
The case is part of an ongoing operation by the Organized Crime Drug Enforcement Task Force (OCDETF). This agency is tasked with identifying, disrupting, and dismantling top-level criminal organizations that pose threats to the country. Their methodology employs a multi-agency approach, led by a prosecutor and heavily reliant on intelligence. This case was a part of the Tres Toros OCDETF investigation, involving a joint investigation effort by DEA Lubbock and DEA Dallas.
Prosecution Of The Case
The cases were prosecuted by an Assistant U.S. Attorney from the Eastern District of Texas.
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What Is Conspiracy To Possess With Intent To Distribute Cocaine?
Below, we’ll break down the important points of §841, a statute that deals with unlawful acts related to drug offenses, specifically conspiracy to possess with intent to distribute more than five kilograms of cocaine. If you or someone you know is facing charges related to this offense, it’s crucial to have a clear understanding of the law to best prepare for your drug trafficking case.
Unlawful Acts
The statute makes it illegal for any person to knowingly or intentionally engage in the following acts, unless authorized by law:
- Manufacture, distribute, or dispense a controlled substance.
- Possess a controlled substance with the intent to manufacture, distribute, or dispense it.
- Create, distribute, or possess a counterfeit substance with the intent to distribute or dispense it.
Penalties
The penalties for violating §841(a) depend on the type and quantity of the controlled substance involved.
For offenses involving large quantities of specified drugs (including more than five kilograms of cocaine), the sentence can range from a minimum of 10 years to life imprisonment. If death or serious bodily injury results from the use of such substances, the minimum sentence is 20 years to life. Fines can be substantial, up to $10,000,000 for individuals and $50,000,000 for non-individuals, or both.
If a person commits a similar offense after a prior conviction for a serious drug felony or serious violent felony, the penalties are even more severe, including life imprisonment without parole.
Other Drug Offenses And Penalties
The statute also covers various other controlled substances, categorized into different schedules. The penalties for offenses involving these substances are determined based on the schedule and quantity of the drug. The sentences can range from a few years up to life imprisonment, depending on the circumstances and prior convictions.
Potential Defenses To Cocaine Charges
Facing charges of conspiracy to possess with intent to distribute over five kilos of cocaine can be daunting, but several defenses can be explored. These include demonstrating a lack of knowledge or intent, challenging illegal search and seizure practices, proving constructive possession was not present, asserting entrapment, questioning the chain of custody of evidence, discrediting witnesses, citing coercion or duress, establishing mistaken identity, or presenting a valid medical use for the substances involved. Consulting an experienced criminal defense attorney is crucial for evaluating the specific case and building a strong defense strategy. A seasoned criminal defense lawyer will strive to protect your rights and achieve the best possible outcome for your situation.
What Is Federal Money Laundering?
If you or someone you know is facing money laundering charges related to financial transactions involving proceeds from illegal activities, it’s essential to understand the statute that may apply in money laundering cases. §1956 deals with the laundering of monetary instruments. Mainly, it covers situations where individuals knowingly engage in financial transactions to conceal or disguise the illicit origins of the money involved. If you have been charged with a money laundering offense, it is recommended that you consult with a money laundering attorney as soon as possible.
Unlawful Financial Transactions
The first part of the statute, section (a), outlines the different scenarios that can lead to charges under §1956. It states that individuals who knowingly conduct or attempt to conduct financial transactions with proceeds from specified unlawful activities may be subject to severe penalties. Such activities include any felonies under state, federal, or foreign law, regardless of whether they are explicitly listed in the statute.
Section (a) further breaks down the different ways unlawful financial transactions can occur:
Transaction With Intent To Promote Unlawful Activity
The first scenario involves a financial transaction conducted with the intention of promoting illegal activities. This includes two key situations:
- Intent to promote specified unlawful activities.
- Intent to engage in conduct that violates Internal Revenue Code.
Transaction To Conceal Or Disguise Proceeds
The second scenario encompasses financial transactions designed, in whole or part, to conceal or disguise the nature, location, source, ownership, or control of proceeds from specified unlawful activities. Additionally, it includes transactions intended to avoid reporting requirements under state or federal law.
Financial Transactions In Parallel Or Dependent Sets
Furthermore, the statute clarifies that even if a single financial transaction is part of a set of parallel or dependent transactions, any one of which involves the proceeds of specified unlawful activity, it can still be considered a financial transaction involving illicit funds.
Transportation Of Monetary Instruments Outside Or Within The U.S.
The next part, section (a)(2), addresses the transportation, transmission, or transfer of monetary instruments or funds to or from the United States. Similar to section (a)(1), this section covers two main scenarios:
Transportation To Promote Unlawful Activity
If someone transports or attempts to transport monetary instruments or funds from the U.S. to a foreign location or vice versa with the intent to promote specified unlawful activities, they may face penalties.
Transportation To Conceal Unlawful Proceeds
The second scenario applies when an individual transports monetary instruments or funds knowing that they represent the proceeds of illegal activities and that the transportation is meant to conceal or disguise the source, ownership, or control of these proceeds.
Financial Transactions With Property Represented As Unlawful Proceeds
Lastly, section (a)(3) deals with financial transactions involving property that is believed to be the proceeds of specified unlawful activity. If an individual conducts or attempts to conduct such transactions with the intent to promote illegal activities, conceal the nature of the property, or avoid transaction reporting requirements, they may be subject to fines and imprisonment.
Penalties
The penalties for violating §1956 can be severe. Depending on the offense, individuals may face fines of up to $500,000 or twice the value of the property or funds involved in the transaction, whichever is greater. Additionally, imprisonment for not more than twenty years, or a combination of both penalties, may be imposed.
Don’t Face Federal Drug Trafficking Charges Or Money Laundering Charges Alone – Trust Cofer Luster Law Firm, Pc
When the storm of criminal investigations and charges threatens to unravel your life, the Texas criminal defense lawyers at Cofer Luster Law Firm, PC are your steadfast protectors. We’re more than just highly rated criminal defense attorneys; we are a bulwark against chaos, dedicated to your defense. With our trial experience and commitment to our clients, we stand ready for any challenge. Cody Cofer’s Board Certification in Criminal Law ensures top-tier representation in the courtroom. Don’t settle for less in your time of need. Reach out to us today at (682) 777-3336 or online if you are charged with federal drug trafficking. Choose a team of money laundering attorneys and drug trafficking lawyers that will fight relentlessly for your rights. We are that team.
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