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Category Archives: 86A Manufacturing of Dangerous Drugs Victories

U.S. v. Mr. T (DMC No.14567) – Federal Felony Conspiracy to Commit Money Laundering ($175,000), Felony Conspiracy to Distribute a Controlled Substance (5kg of Steroids/383,000 Dosage Units), Felony Conspiracy to Import a Controlled Substance, and Related Forfeiture Issues – Reduced to 1 Count Conspiracy with Intent to Distribute Steroids with Probation and 7 Months of Incarceration and  Forfeiture Amount Reduced from $175,000 to $25,000 – United States District Court, District of Arizona (Case No. CR-15-01044-002-PHX-DLR).

Investigators in Phoenix became aware of seizures of packages at the Port of Entry in San Francisco, which were destined for Phoenix and contained both anabolic steroids and synthetic male hormones. One package contained 400 tablets of counterfeit Cialis, and 200 tablets of counterfeit Viagra. Although they are not controlled substances, they are frequently used in conjunction with anabolic steroids to counter impotency.

An investigation unwound in which Mr. T and his co-defendant were seen on a weekly basis traveling to a commercial warehouse in Phoenix. They would then go to various post offices and postal stores to mail parcels to destinations outside of Arizona. The Agents confirmed that the packages contained anabolic steroids and other controlled substances. Investigators also discovered that Mr. T and the co-defendant would travel to multiple Safeway stores and Fry’s stores that advertised Western Union services. They would do multiple wire transfers for $925. Any Western Union money transfer over $999 requires identification. By keeping the number under $999, they were able to avoid detection per that requirement.

During the investigations with the Postal Inspectors, they discovered that over a three-year period Mr. T had sent wire transfers to Israel and China totaling more than $75,000. Other wire transfers were discovered and eventually an arrest warrant was issued. Mr. T was found to be holding $25,000 in cash, over 300,000 dosage units of steroids, and multiple pieces of equipment for manufacturing steroids from analog chemical components. Agents seized approximately $125,000 of Mr. T’s cash, along with a Toyota Prius.

We became involved in the case and began working with the Assistant U.S. Attorney and the investigating Agents. Mr. T demonstrated a complete acceptance of responsibility through cooperation with Agents, whereby they were provided information on sources of steroids that come in from different countries including Israel, Turkey, Moldovia, Bosnia, and China. Ultimately, the Assistant US Attorney agreed to extend an offer which included 1 year in prison.

Mr. T was ultimately charged with Felony Conspiracy to Commit Money Laundering, per 18 U.S.C. 1956(h); Conspiracy to Distribute a Controlled Substance – 5kg of Steroids/383,000 Dosage Units, per 21 U.S.C. 846; Felony Conspiracy to Import Controlled Substances, per 21 U.S.C. 963; and a Forfeiture Action was filed regarding $175,00 in cash and a Toyota Prius, per 18 U.S.C. 981, 21 U.S.C 853 and 881, and 28 U.S.C. 2461(c). At the time of Sentencing, we were able to present significant mitigation to the Judge and have the sentence reduced to a mere 7 months. In addition, at the Forfeiture Proceedings involving this case, the amount was reduced from $175,000 down to $25,000, thereby saving Mr. T approximately $150,000 of his money. Potentially, Mr. T could have spent well over a decade in prison if there had been no mitigation and cooperation proffered in his case.

RICO/ILLEGAL CONTROL of an ENTERPRISE; CONSPIRACY; 2 COUNTS PRODUCTION of MARIJUANA (59 Plants) and POSSESSION of MARIJUANA for SALE: ALL REDUCED to ATTEMPTED POSSESSION of MARIJUANA for SALE with PROBATION and ZERO DAYS in JAIL – State v. Ms. M (DMC No. 9458) (Maricopa County Superior Court CR 2009-006134): Ms. M and 3 male codefendants were all living in a residence which maintained a Hydroponic growing facility which produced Marijuana. Officers had responded to a call of a strong odor of Marijuana coming from the residence, and after speaking with the residents a search warrant was issued. Eventually, 59 plants were found along with various Marijuana growing equipment that was valued at over $60,000. She was then charged under the Arizona RICO (Racketeering Influenced Corrupt Organization Act). We were able to show the Assistant Arizona Attorney General that Ms. M was far less involved than the other co-defendants, and therefore she deserved an offer which included Probation with the ability to argue for zero days in Jail. At sentencing, the co-defendants were given 1 year in Jail, and Ms. M was awarded zero days in Jail. Originally she had been facing mandatory Prison time.

 

CONVICTION SET ASIDE | PRECURSOR CHEMICALS for the MANUFACTURE of DANGEROUS DRUGS and MISCONDUCT INVOLVING a WEAPON – State v. Ms. M. (DMC No. 7743) (Mojave County Superior Court CR97-1269): Ms. M. had been involved in a group who were manufacturing methamphetamine.  She was subsequently plead to Possession of Precursor Chemicals, and Misconduct Involving a Weapon.  Although she had trouble on probation (including an arrest out of California), she subsequently did complete probation.  She subsequently received her college degree and was working as a Surgical Technologist in hospital in California.  We filed the appropriate paperwork and convinced the court to set aside her judgment of guilt.  Ms. M. has no convictions on her record, and is living a successful life in California.

 

CONVICTION SET ASIDE | CONSPIRACY to MANUFACTURE DANGEROUS DRUGS – State v. Ms. S. (DMC No. 7590) (Maricopa County Superior Court CR1998-012055): When Ms. S. was a young woman, she became involved in a group which was manufacturing methamphetamine.  She was subsequently convicted and sent to prison.  While in prison she completed numerous courses to improve her living conditions.  Once she was out of prison, she received a degree as a Medical Assistant and had also received her certification as a Phlebotomy Technician.  She was now working in the medical community and her prior conviction was preventing her from being promoted.  We filed the appropriate paperwork with the court, and convinced them to set aside the judgment of guilt regarding Ms. S.   She now has no convictions on her record.

DISMISSED | Possession of Dangerous Drugs and Drug Manufacturing Equipment, State v. Mr. W. (99025147CR): Mr. W. was pulled over by police for a minor traffic violation. They opened the trunk of his car without his permission and found drugs and drug manufacturing equipment. Although he initially had a $50,000 bond and the Pinal County Attorney’s Office was seeking prison time, we were able to file a Motion to Suppress all of the items seized, and they moved to dismiss all charges prior to the hearing.

If you have a similar case and would like to speak with an Arizona Criminal Defense Attorney, call us at (602) 307-0808 to set-up a free consultation.

DISMISSED | Manufacturing and Possession of Dangerous Drugs for Sale, State v. Mr. L. (Maricopa County Superior Court 2002001427CR): Mr. L. was stopped by police, and they discovered materials in his vehicle which could be used in the manufacture of methamphetamine. Police then obtained a search warrant (after the fact) and Mr. L. was charged with numerous drug charges. We then filed a Motion to Suppress all Evidence based on a bad search, and the Maricopa County Attorney’ office subsequently dismissed all charges against Mr. L.

NOT CHARGED | MANUFACTURING METHAMPHETAMINE – Federal U.S. District Court of Arizona v. Mr. S. (DMC No. 2195): Mr. S. was caught by the D.E.A. with an extremely large amount of currency and chemicals for making methamphetamine. Through our meetings with the D.E.A., we were able to cut a cooperation deal, and no charges were filed by the U.S. Attorney’s Office. In addition, all records of his arrest have been sealed.

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