Samuel Ford v. U.S: SCOTUS applies Burrage to vacate a life sentence

In its 2/24/14 list of orders, the U.S. Supreme Court summarily disposed of three criminal cases. One of them was Samuel Ford v. United States. Ford was convicted of selling heroin which caused the death of a man named Joseph Scolaro. Since Ford had a prior felony drug conviction, the mandatory minimum sentence under 841(b)(1)(C) was life in prison. Without further briefing or argument, the Supreme Court granted cert, applied the rule announced in Burrage v. U.S. and vacated the conviction.

You can read my post about the case on the Portland Press Herald site.

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.

Marijuana Trial to Begin for Malcolm French, Rodney Russell & Kendall Chase

This week, one of the largest marijuana busts in Maine history will go to trial in Bangor federal court. Malcolm French, Rodney Russell and Kendall Chase, all businessmen in their 50s, are accused in a marijuana trafficking conspiracy involving thousands of marijuana plants worth some $9 million. The indictment alleges that from 2006 to 2009, the men ran an outdoor marijuana grow of at least 1000 plants in rural Washington County Maine. Federal law mandates a minimum prison sentence of 10 years and a maxim sentence of life.

Robert Evon Pleads Guilty to Drug Trafficking in NY Federal Court

Now that's a Coke Machine!

Robert Evon, the Portland, Maine man accused in an international cocaine trafficking conspiracy, entered a guilty plea in the Northern District of New York on December 3, 2013. Sentencing was set for April 4, 2014. The plea documents revealed some interesting details about the case. All my coverage of the case is collected here.

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.

Federal Drug Trafficking Conspiracy, Dismissed Twice

Defendants Dellosantos and Szpyt were indicted in U.S. District Court in Portland, Maine in on several counts. The most serious charge was count 1, a drug trafficking conspiracy to sell both cocaine and marijuana. The evidence at trial showed that there were really two separate conspiracies, one involving cocaine only and and one involving cocaine and marijuana. Dellosantos and Szypt were connected to the cocaine only conspiracy but not the other marijuana and cocaine scheme. After a trial joined with several other co-defendants, they were convicted anyway. Dellosantos got a 121 month sentence, Szpyt got life.

Marijuana Legalization may Create a Rare Entrapment Defense to Federal Drug Prosecutions

Image from taberandrew

Marijuana is Legal Now, Sort of

On November 6, 2012, Washington State and Colorado voted to allow recreational use of marijuana. A lot of people are saying that marijuana was "legalized" but this is not really the case. Marijuana is still prohibited under federal law. Federal authorities send people to prison for decades for conspiracy to distribute marijuana just the same as they do for trafficking in other drugs.

So what is the practical effect of such "legalization"? There is no indication that federal authorities intend to change course on Marijuana prohibition, so the most interesting consequence might be the people prosecuted federally in these jurisdictions could have a defense based on the doctrine of "entrapment by estoppel."

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.