Burrage v. U.S.: Trafficked Drug must be But-For Cause of Death

On 1/27/14 the United States Supreme Court decided Burrage v. United States. The opinion limits the use of a Federal drug trafficking sentencing enhancement for cases where the drug user dies. The decision considers one specific statute, but it has lot to say about legal causation in general. In the end, the high court unanimously rejects the criminal causation rule used by Maine and a handful of other states.

David Jones and Former Attorney Implicated in Federal Drug Trafficking

David Jones, AKA Dave Kaos, of Portland Maine was arrested late last week on a federal drug trafficking charge. The complaint alleges a single count of conspiracy to distribute 100 kg or more of marijuana. He faces up to 40 years in prison.

Robert Evon Denied Bail, Accused of International Drug Conspiracy

Last week I wrote about Robert Evon, former owner of Portland's Port City Music Hall. He was arrested on Federal Drug Trafficking charges in Portland. He was then transferred to Syracuse New York since the case was indicted out of that district. He had an arraignment there on 8/30/13 and plead not guilty. Evon remained in custody pending a detention hearing set for 9/4/13. At that hearing, the Judge heard evidence that Evon was part of an international drug smuggling operation involved with importing 77 kilograms of cocaine. She then denied him bail.

Federal Drug Charge for Robert Evon, Former Port City Music Hall Owner

Robert Evon, the former owner of Portland's Port City Music Hall, has been indicted on Federal Cocaine Trafficking charges. The Indictment comes from the Northern district of New York and alleges a single count of violating 21 USC § 846 by conspiring to possess and to distribute powder cocaine, in violation of 21 USC § 841(a)(1). The Government also alleges that the conspiracy involved 5 kilograms or more triggering a mandatory minimum 10 year prison sentence. The maximum sentence is life.

Burrage v. U.S: When Does Drug Trafficking Cause Death?

.:[ Melissa ]:. via flickr

Next term, the Supreme Court will consider when a drug dealer can be held criminally liable under a federal law punishing distribution of drugs that cause death. 21 U.S.C. § 841(b)(1)(C) sets a mandatory minimum sentence of 20 years and a maximum sentence of life for drug trafficking "if death or serious bodily injury results from the use of such substance." So what does that mean?

Maine Drug Court Process Ruled Unconstitutional

The case of Arnold Gross v. State of Maine challenges the fundamental structure of Maine's drug court system. In the February 25, 2012 decision, Justice William Anderson of the Penobscot County Superior Court found that, allowing a judge who participates in the drug court team to preside over revocation proceedings violates constitutional standards.

Drug Dogs, Searches and Probable Cause: Updates and Additional Reading

In a recent post, I wrote about police drug dogs in two pending U.S. Supreme Court Cases. These cases consider how police use the dogs to gain probable cause for searches that would otherwise be illegal. Since I published my post, other sources have weighed in and provided some interesting perspectives. Here are some updates and links to further reading.

No Proof of Purchase Necessary: Drug Trafficking Definitions

From Images_of_Money

There are a lot of new drug trafficking cases in Maine these days. There are always a bunch of arrests in Portland, but there seem to be more in York County where Old Orchard Beach police have been cracking down on drug activity. In most of these cases no one was actually caught selling drugs. In fact, the most common scenario is that police search a person or vehicle, often after using drug dogs to get probable cause, they then find drugs that they believe were intended for trafficking.

If some of these folks had followed my advice on avoiding criminal charges in the first place, they might have never been arrested. Once they are charged, the state has several options in how to prove trafficking.

Furry Little Boot Straps: Drug Dogs in Court

I Smell Probable Cause!

Drug dogs are problem solvers. The problem they solve is that police need probable cause to search things. Probable cause is not a lot, but it does mean that that there must be a fair probability that contraban will be found in a place. Police often have a hunch that a search will uncover drugs, but that is not enough. What they need is that sweet probable cause.

Maine Drug Possession Charges: Penalties and Defenses

Maine drug laws make it a crime to possess a whole host of chemicals. These include substances normally considered "drugs of abuse" like heroin, and many other medications that one needs a prescription to get. Under Maine law, a man holding crack cocaine and a man holding his wife's prescription might both be charged with the same drug possession crime. To help you better understand Maine drug possession laws, this article covers the following topics:

• Classification of Scheduled Drugs
• Drug Possession Misdemeanors and the Available Sentences
• Drug Possession Felonies and the Possible Sentences
• Marijuana Possession Charges
• Consequences of Conviction beyond the Criminal Penalties
• Possible Defenses to Drug Possession Charges

This post does not cover Maine drug trafficking laws but you can click that link for more. Drug trafficking can be charged as either a state or federal crime.

MAINE DRUG POSSESSION LAW

In Maine, possession of many drugs is a misdemeanor punishable by a minimum fine of $400 and maximum sentence of less than one year in jail. But the class of crime and the penalties imposed change based on the kind of drug, the amount possessed and prior drug convictions.

CLASSIFICATION OF SCHEDULED DRUGS

Under Maine Drug Law, substances are divided into schedules W, X, Y, and Z.

Schedule W includes:

• Stimulants such as cocaine and amphetamines 
• Opiates such as Methadone, Oxycodone and Heroin 
• some hallucinogens including LSD and MDA; and 
• Barbiturates.

Schedule X includes:

• some depressants 
• many hallucinogens including Mescaline, Psilocybin, DMT 
• Hashish; 
• some tranquilizers including Ketamine.

Schedule Y includes:

• Sedative and hypnotic drugs
• Phenobarbital
• Codeine 
• Diazepam.

Schedule Z is a catch-all category which includes all other prescription and non prescription drugs.

MISDEMEANOR DRUG POSSESSION PENALTIES

• Read this article for more details on Maine's criminal sentencing system

Possession of most Schedule W or X drugs is a Class D Misdemeanor punishable by a minimum sentence of a $400 fine a maximum of $2000 in fines and 364 days in jail. Interestingly the sentence for possessing schedule W Drugs can include probation even though probation is not usually available for misdemeanors. Possession of a Schedule Y or Z drug is a Class E misdemeanor with a minimum $400 fine and maximum $1000 fine and 6 months jail.

POSSESSION OF CERTAIN DRUGS IS ALWAYS A FELONY

Possession of opiate drugs such as Heroin, Oxycodone, Hydrocodone, Hydromorphone, and possession of Methamphetamine is always a class C felony charge. There is a $400 minimum fine and a maximum of $5000 in fines and 5 years in prison. Possession of Crack cocaine is a class C felony if the person had previously been convicted of drug possession or trafficking.

POSSESSING LARGER AMOUNTS OF SOME DRUGS IS A FELONY

As discussed above, possession of Schedule W drugs is normally a class D misdemeanor. However, Maine Law makes possession of larger amounts of some schedule W drugs a class B felony, punishable by $20,000 in fines and 10 years in prison. This applies to 14 grams or more of powder cocaine or methamphetamine and to 4 grams or more of crack cocaine.

MARIJUANA POSSESSION CHARGES

Marijuana possession in Maine is normally not a crime but is a civil violation if one possesses less than 2.5 ounces. The mandatory minimum fine is $350 dollars for less than 1.25 ounces and $700 for more than 1.25 ounces. If you have more than 2.5 ounces, possession becomes a crime. It's a class E misdemeanor for more than 2.5 ounces, more than 8 ounces is is class D, more than one pound is class C felony and over 20 pounds is a class B felony punishable by $20,000 in fines and 10 years in prison. Of course, Maine's medical Marijuana law permits qualified people to legally possess marijuana.

OTHER CONSEQUENCES OF DRUG CONVICTIONS

Like any criminal conviction, a conviction for drug possession shows up on a public background check. A conviction may also disqualify applicants for certain federal programs such as federal financial aid for students or federal housing and other subsidies. There is also the potential that those convicted could be classified as and "unlawful user or person addicted to a controlled substance" under 18 U.S.C. § 922(g). Federal law prohibits these and other people from possessing firearms or ammunition.

DEFENSES TO DRUG POSSESSION CHARGES

These cases are not as open and shut as people think. As with any crime, the State must prove all the elements beyond all reasonable doubt. The elements of drug possession are

1. That the person intentionally or knowingly
2. Possesses
3. What they know or believe to be a scheduled drug
4. Which is, in fact, a scheduled drug
5. For some felony charges, that the substance is a minimum amount of the drug.

For a good lawyer, there is a lot or room for defense in there. The issues are very fact specific but often questions arise as to whether the defendant had knowledge that the substance was there, whether they had a close enough connection to the material to be in legal possession of it, and whether the laboratory analysis confirms that it is the drug and that there is a certain amount of it.

Keep in mind that these charges usually start with the police detaining someone and then seizing the drugs. That action implicates important constitutional rights. The State must also prove that the police acted legally in detaining a defendant, searching for the drugs and seizing the substance. If that can't be proven, then the evidence should not be allowed into court.

The stakes are high and a conviction will stay on your record for the rest of your life. Pleading guilty guarantees a conviction and that can't be undone. It might make sense to at least talk to an attorney before deciding how to proceed.