Facing Federal Drug Conspiracy Charges

[Boedy]

What is the name of your state (only U.S. law)? New York

I received a letter from the U.S. Attorney's office last month requesting an interview regarding an acquaintance and his widely know dabbling in distributing cocaine. Since I knew I did not handle or use cocaine I thought I would contact the U.S. Attorney as it appeared that I was not a target. In the interview a special agent from the DEA asked me a lot of questions. Before and after the interview both he and the Assistant U.S. Attorney said that I was NOT under arrest. Fast forward 2 weeks and 2 DEA agents came to my house and advised me to get a lawyer. I have spoken to a public defender and he has shown me the indictment of my friend. It turns out that I have committed an "overt act" (purchased a cell phone for my friend and signed the lease for a storage unit) and that I can be charged with the entire scope of the conspiracy. Turns out that my friend had imported 100 pounds of cocaine through a confidential informant / undercover DEA agent. Is it true that through the sentencing guidelines that I could face 20 years for a first time offender? What exactly is a 5:K1 reduction?

 

[CTU]

What is the name of your state (only U.S. law)? New York

I received a letter from the U.S. Attorney's office last month requesting an interview regarding an acquaintance and his widely know dabbling in distributing cocaine. Since I knew I did not handle or use cocaine I thought I would contact the U.S. Attorney as it appeared that I was not a target. In the interview a special agent from the DEA asked me a lot of questions. Before and after the interview both he and the Assistant U.S. Attorney said that I was NOT under arrest. Fast forward 2 weeks and 2 DEA agents came to my house and advised me to get a lawyer. I have spoken to a public defender and he has shown me the indictment of my friend. It turns out that I have committed an "overt act" (purchased a cell phone for my friend and signed the lease for a storage unit) and that I can be charged with the entire scope of the conspiracy. Turns out that my friend had imported 100 pounds of cocaine through a confidential informant / undercover DEA agent. Is it true that through the sentencing guidelines that I could face 20 years for a first time offender? What exactly is a 5:K1 reduction?

Boedy, the best advice you can be given is to speak with an attorney NOW and say not one more word to anyone else about this - and I do mean "not one more word to anyone else".

 

[HighwayMan]

You were foolish to go into the interview without legal representation.

You need to retain a good attorney ASAP before any other damage is done.

Geez, buying a phone and renting a storage unit for a person you know deals drugs - very dumb.

 

[quincy]

What is the name of your state (only U.S. law)? New York

I received a letter from the U.S. Attorney's office last month requesting an interview regarding an acquaintance and his widely know dabbling in distributing cocaine. Since I knew I did not handle or use cocaine I thought I would contact the U.S. Attorney as it appeared that I was not a target. In the interview a special agent from the DEA asked me a lot of questions. Before and after the interview both he and the Assistant U.S. Attorney said that I was NOT under arrest. Fast forward 2 weeks and 2 DEA agents came to my house and advised me to get a lawyer. I have spoken to a public defender and he has shown me the indictment of my friend. It turns out that I have committed an "overt act" (purchased a cell phone for my friend and signed the lease for a storage unit) and that I can be charged with the entire scope of the conspiracy. Turns out that my friend had imported 100 pounds of cocaine through a confidential informant / undercover DEA agent. Is it true that through the sentencing guidelines that I could face 20 years for a first time offender? What exactly is a 5:K1 reduction?

I definitely agree with the others. You should say NOTHING to anyone but your attorney - and you desperately need an attorney.

I will only address your last question about the "5:K1" reduction.

Under US Sentencing Guidelines, a 5:K1 motion (much like its Rule 35 twin, under the Federal Rules of Criminal Procedure) is a motion made to the court requesting a deviation from the sentencing guidelines for a defendant. The deviation is requested based on a defendant's "substantial" assistance or cooperation with the government, generally in helping the government successfully seal the fate of another defendant.

If the court grants a 5:K1 motion, the court can reduce a mandatory minimum sentence - say, from a 5 year mandatory minimum prison term to 1 year in jail (or even to probation). The court will be going outside the sentencing guidelines, in other words, because of the assistance a defendant provided the government in the case.

There are risks to a defendant with this type of motion, however. The judge does not have to reduce a sentence below the mandatory minimum. The sentencing is still at the discretion of the court. And cooperating with the government can make a defendant a target for the bad guys.

Again, your situation sounds to be a very serious one - much too serious for you to be discussing it on an online forum. Seek out a good criminal defense attorney NOW.

Good luck.



Here is a link to the Federal Rules of Criminal Procedure, Rule 35b (with its similarities and differences to 5:K1): http://www.ussc.gov/sites/default/files/pdf/research-and-publications/research-publications/2016/Rule35b.pdf

 

[Boedy]

Thanks. I've already made a list of the people's lives I can set up and destroy

 

[quincy]

Thanks. I've already made a list of the people's lives I can set up and destroy

Destroy with care.

And, seriously, get yourself a good criminal defense attorney.

 

[westside]

Thanks. I've already made a list of the people's lives I can set up and destroy

The only life you should be concerned about right now is yours. Lawyer. Today.

 

[FlyingRon]

When LEO specifically tells you that you are not under arrest, what they are saying is that they are going to proceed to try to get you to incriminate yourself. The Miranda warning that "anything you say can be used against you" doesn't need to be given if you are not under arrest.

As pointed out, you should decline to talk to these people without an attorney (and most often the attorney will tell you not to talk to them PERIOD).

 

[quincy]

... and most often the attorney will tell you not to talk to them PERIOD ...

... and most attorneys will advise their clients not to write about their crimes on an online public forum.

Online postings have led to the arrests and convictions of more than one c0cky criminal - often those criminals who think it smart to record their crimes and then post their videos on YouTube. This is not anywhere close to smart.

 

[Boedy]

I just want to give everyone an update. I've given a propher to US Federal Agents of the DEA and United States Life Destruction Service. They want me to turn in people from the neighborhood and my sister's boyfriend. I've just TOLD EVERYONE ABOUT THE BUST. There is no way I am taking down the neighborhood in a reverse sting.

 

[Boedy]

Why do most undercover federal agents have mustaches and wear lots of colonge.

 

[HighwayMan]

I've just TOLD EVERYONE ABOUT THE BUST.

Brilliant. So if any other arrests are made they'll all look to you as the cause of their problems.

 

[CTU]

Why do most undercover federal agents have mustaches and wear lots of colonge.

 

[STEPHAN]

Why do you come here and ask for help if you do not intend to follow it?

Honestly, you are doing everything wrong. You need a LAWYER. NOW. And you need to stop to talk.

The hole you are digging yourself gets bigger and bigger.

 

[not2cleverRed]

I just want to give everyone an update. I've given a propher to US Federal Agents of the DEA and United States Life Destruction Service. They want me to turn in people from the neighborhood and my sister's boyfriend. I've just TOLD EVERYONE ABOUT THE BUST. There is no way I am taking down the neighborhood in a reverse sting. **** the government!

Maybe if you didn't hang with so many drug dealers this wouldn't b e an issue.

How old are you? You come across as very immature.