Military and Criminal Defense

Thursday, June 30, 2011

Heroin Conspiracy Case Decided

RI Criminal Attorney Calcagni secures the following sentence for heroin conspiracy client.

FACTS:

Man was charged in connection with an international heroin trafficking organization. The government charges multiple defendants with being part of this organization. The matter proceeded to a jury trial and all defendants who exercised their right to trial were convicted. The evidence established that a group of men were importing heroin from Guatemala using body couriers. The couriers would ingest or swallow large quantities of heroin in the form of small pellets and board commercial aircraft bound for the United States. Upon arrival, the body couriers were picked up from the airport and transported to a safe house where they would pass the pellets of heroin. The organization then cut the heroin, repackaged it for sale in distribution quantities and sold it to a customer base transcending different states. The government’s evidence at trial consisted of video and photographic surveillance; thousands of wiretapped telephone conversations among members of the drug trafficking organization and their customers; airline records; seized narcotics; seized automobiles with hidden compartments used for transporting drugs; seized cell phones; seized U.S. currency; and drug manufacturing/distribution paraphernalia.

POTENTIAL SENTENCE:

Mandatory Minimum Sentence Imposed

ARGUMENT:

Attorney Calcagni represented one of the alleged body couriers. This man was convicted at trial and faced a mandatory minimum jail sentence of 10 years and a possible maximum jail sentence of life. In preparation for the sentencing hearing, Attorney Calcagni traveled to Guatemala to meet his client’s family. He visited them in their homes located in Guatemala City, Guatemala. He interviewed the client’s wife, children, siblings and parents. He also visited the grave sites of various relatives who had passed away during his client’s incarceration. Attorney Calcagni’s main purpose for the trip was to capture on film and with photography the extreme poverty stricken and crime-ridden conditions where his client’s family resides. He also used the trip as an opportunity to come to better understand his client, such as his background, upraising and life circumstances. Attorney Calcagni used this experience and information he gained throughout his Guatemalan travels to advocate to the sentencing judge that his client receive no more punishment than the mandatory minimum allowable by law.

SENTENCE:

Attorney Calcagni’s plea to the Court was successful in that his client was ultimately sentenced to 121 months of incarceration – 1 month above the mandatory minimum of 120.

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