Federal Court - Trial Victory - Jury Finds Client Not Guilty on Most Serious Charge - Avoids 10-year Mandatory Minimum

MI, a 42-year-old barber, was charged with several drug crimes. The most serious crime with which he was charged was a sub-charge within the greater charge of Conspiracy to Possess with Intent to Distribute 5 kilograms or more of Cocaine, or 400 grams or more of Fentanyl. Specifically, the government alleged that 400 grams or more of Fentanyl was "Attributable or Reasonably Foreseeable" to MI. "Attributable or Reasonably Foreseeable" basically means "responsible for."

Under the law, if the jury finds beyond a reasonable doubt that a certain drug weight is "Attributable or Reasonably Foreseeable" to a client, then that client must serve the mandatory-minimum sentence that corresponds with that certain drug weight. In the case of a charge involving 400 grams of Fentanyl, the mandatory minimum sentence is 10 years in prison.

The evidence of MI's involvement in the conspiracy was overwhelming, but the evidence that MI was specifically responsible for 400 grams of Fentanyl was not.

The jury agreed. MI was convicted of the drug conspiracy, but he was effectively found Not Guilty* of the crime alleging 400 grams of fentanyl. He avoids the mandatory-minimum 10-year prison sentence.

*Regarding the issue as to whether the government has proven if a defendant is responsible for a specific drug weight, the verdict form asks, "yes, or no."