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MIAMI AND FORT LAUDERDALE
CRIMINAL ATTORNEY
Attorney
Representation in Miami, Florida Since 1984
It
is a violation of federal law to manufacture, distribute,
dispense, or possess with intent to manufacture, distribute,
or dispense, a controlled substance or a counterfeit
substance. An individual may be subject to criminal
punishments as a result from any one of numerous wrongful
acts regarding controlled substances.
Most
federal drug prosecutions are for possession with
intent to deliver a controlled substance. The majority
involve the following drugs:
a) Cocaine;
b) Cocaine Base (crack);
c) Heroin;
d) Marijuana; and
e) Methamphetamine.
In
many jurisdictions, to be convicted of possession
with the intent to deliver a controlled substance,
an Assistant United States Attorney (AUSA) must
present evidence that when submitted to a jury or
judge would prove beyond a reasonable doubt:
1. Such said defendant knowingly possessed a controlled
substance;
2. Such said substance was in fact a controlled
substance;
3. Such said defendant possessed the substance with
the intent to distribute it; and
4. Such said substance was at least of a certain
quantity.
How
have the courts defined drug violations?
A. When there is intent to deliver marijuana and
heroin, such as in this case, the defendant violated
21 U.S.C. § 841 (a)(1). United States v. Romero-Reyna,
867 F.2d 834 (5th Cir. 1989).
B. Knowingly manufacturing or possessing with the
intent to distribute marijuana violates 21 USC §
841 (a)(1). United States v. Wright, 991 F.2d 1182
(4th Cir. 1993).
C. Possession with the intent to distribute cocaine
violates 21 USC § 841 (a)(1). United States
v. White, 81 F.3d 775 (8th Cir. 1996).
Possible
Penalties
The punishment for any drug crime depends on exactly
what kind of drug/substance the defendant is being
charged with, the amountof the substance, and if
there were any deaths during any drug plans. If
there were any guns present during a drug transaction
may also affect a potential sentence. The range
of punishment may be from 0-20 years, mandatory
minimum of 5-40 years or mandatory minimum of 10
years-life.
Most
often, the State’s Assistant U.S. Attorney
(AUSA) will secure a Federal Indictment from a Federal
Grand Jury and charge a defendant not only with
a drug crime, but also with money laundering, RICO
crimes, and conspiracy to commit the aforementioned
crimes. One should also be aware that since 1987
parole has been abolished in the Federal System.
Expungement (removal of conviction from public records)
is also not available.
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