Federal Drug Distribution
Distribution of a controlled substance under 21 U.S.C. section 841 means delivering, selling, or dispensing drugs to another person. The penalties depend on the substance and the quantity. Five grams of methamphetamine triggers a five-year mandatory minimum. Fifty grams triggers ten years. Five kilograms of cocaine triggers ten years. These minimums double if the defendant has a prior felony drug conviction.
The distinction between possession and distribution
The line between simple possession and possession with intent to distribute often turns on quantity, packaging, scales, cash, firearms, and cell phone records. The government argues that large quantities, individual packaging, and drug paraphernalia consistent with sales prove intent to distribute. The defense challenges whether these circumstances actually prove intent, or whether they are equally consistent with personal use or some other explanation.
Cooperating witnesses
Federal drug distribution cases are built on cooperating witnesses, controlled buys, surveillance, and wiretaps. Cooperators testify in exchange for reduced sentences under section 5K1.1 of the sentencing guidelines. Their testimony is inherently suspect because they have a powerful motive to say what the government wants to hear. We cross-examine cooperators on their deals, their criminal histories, and the inconsistencies in their accounts.
See also federal drug conspiracy and state drug charges.
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713-224-1747.
If you have been convicted and need an appeal, email us at [email protected].