Drug Conviction and Trafficking Appeals
The federal and state court drug appeal lawyers at the Law Office of Robert Sirianni focus on trafficking, RICO, conspiracy, growing, manufacturing, possession, intent to deliver, sell and deliver, and other types of serious drug-related crimes.
Contact our criminal Drug Appeal Lawyers to review your case at 1-888-233-8895 for a free consultation.
Drug Trafficking Conspiracy Appeals
Have you been convicted of a drug-related crime: distribution, trafficking, conspiracy? Unfortunately, even drug conspiracy (in which a crime has technically not been committed) is treated in most courts of law just the same as drug trafficking. Return to our page about federal criminal defense appeals.
Though laws surrounding the use of cannabis and medical marijuana may be more Tax now than they have been in recent decades, drug-related charges are still a big deal.
Federal Drug Conspiracy Appeals
Our years of experience make us the choice for conspiracy appeals for the conspiracy conviction. Our conspiracy appeal lawyers have been involved in hundreds of cases some of which have been highly publicized. Our legal team is devoted to thorough legal research so as to give the best advice to our clients and preparation of the writs and briefs. Our success in the practice of law can be credited to Brownstone law lawyers’ skills in oral arguments at the supreme, federal and state courts.
A conspiracy is an agreement between two or more partners to accomplish an illegal act. In order for the government to charge a conspiracy, the defendants must act together to effectuate an illegal purpose. Click here to return to our criminal appeal lawyers page and read more about our other areas of criminal appeals.
Our criminal appeal attorneys handle cases in all eleven circuits. We focus on felony appeals, drug appeals, drug trafficking, drug possession, drug manufacturing, conspiracy, and all other felony crimes throughout the United States.
Experienced Conspiracy Appeals Lawyers
We represent individuals charged with crimes and protect clients through the appeals process. If you have been convicted and sentenced or are awaiting sentencing, we will provide you or your family with a consultation with an experienced appeals attorney.
As an experienced criminal defense appeals attorney, we work aggressively and strategically on behalf of our clients.
Drug Conspiracy Appeals
Federal law makes it illegal to create, manufacture, or distribute illegal narcotics such as marijuana, crack, cocaine, and other illegal substances. A conviction under federal drug laws can carry a sentence of up to 40 years or more. In some cases, the federal government may seek a sentence enhancement based on drug quantity, leadership roles or the use of a firearm.
Our law firm defends federal drug trafficking and federal drug conspiracy charges.
The “Drug Appeal Lawyers”
Our firm offers help to clients all over the United States in criminal and non-criminal matters. Our marijuana lawyers keep up with the latest changes in drug trafficking law. If you need help with a trafficking appeal, fighting drug conspiracy charges, or in drug distribution appeals, our marijuana lawyers should be your next phone call.
The Law Office of Robert Sirianni has attorneys that have experience in dealing with drug appeals and cases. Virtually all aspects of the modern legal system are in constant flux, but few areas of law are changing as quickly as drug law. Our attorneys spend hours meticulously researching local, state, and national drug laws. Connect with our federal criminal appeals lawyers today!
Criminal Drug Appeal Lawyers
Our lawyers have taken court cases all the way to the U.S. Supreme Court level – not a feat that most law firms can boast about. The fact is, your drug conspiracy charges, drug appeals, or trafficking appeal is just too important to lose. Why trust anyone but the Law Office of Robert Sirianni to represent you in court?
Contact our Drug Appeal Lawyers at 1-888-233-8895. We will cover any and all questions you have about your case during your free consultation.
Charges of drug conspiracy are growing by the day and as a result, innocent people are being arrested or convicted in greater numbers as compared to any other drug-related charge. This critical situation thus, calls for the services of an experienced federal drug lawyer who can help protect your interests. To this extent, The Federal Criminal Law Group has been a long-standing name in the field of successfully defending civilians against drug conspiracy and other criminal charges.
What Do Drug Conspiracy Charges Imply?
To start with the basics, a drug conspiracy crime involves two or more people who mutually agree and decide to commit a drug-related crime together. While one would think that conspiracy is a crime for which conviction/arrest is less likely, that is not necessarily true because unlike other drug-related crimes, hard evidence such as possession of drugs is not required to charge someone with a drug-conspiracy charge. Thus, you could be suspected of a conspiracy simply based on a connection between you and a drug crime incident. It also means that you can be facing drug-conspiracy charges without ever having laid your hands upon actual drugs (buying, selling or using). For example, consider a situation where you happen to be hanging out with a group of people when drugs are discovered in their possession or when you were driving a borrowed car that happens to have drugs hidden under the backseat. In both these situations, you could be lawfully arrested/convicted for a drug conspiracy charge.
What Goes into Appealing a Federal Drug Conviction
Since a drug conspiracy charge in itself is quite vague, it can be difficult for a layman to gauge its consequences especially because federal drug offenses tend to have many distinguishing factors. These factors include but are not limited to – the category or “schedule” of the controlled substance in question, quantity of the controlled substance and extent to which defendant’s involvement is known. Based on such factors, the intensity of a defendant’s sentencing will be determined when he/she is charged with a federal drug conviction. Due to such complexities, it is most beneficial to have a federal drug appeals attorney by your side to help you stay on track and achieve justice.
Federal Drug Offense Definitions under 21 U.S.C. §§ 841, 846, 952, 953, 963
As highlighted earlier, it is of utmost importance to make a sound decision when hiring an attorney to help you with a federal drug conviction appeal. With years of expert training and hard-earned experience, the federal drug appeal lawyers at our law firm are skilled in numerous areas of federal drug conviction appeals. Our federal drug lawyers provide quality service and can help you navigate through the appeals.
Overview of the Sentencing guidelines of Federal Drug Offenses under 21 U.S.C. §§ 841(b) & 960(b)
Several factors involved in a federal drug offense were highlighted earlier in the article. Of the stated factors, the quantity and type of the controlled substance involved are perhaps the most crucial ones taken into consideration when a court determines the sentence for such an offense. An outline for federal drug charges offense penalties can be found within 21 U.S.C. §§ 841(b) and 960(b).
It is true that the appropriate minimum and maximum penalties are based on the quantity and category of the controlled substance(s) involved. However, in some cases, it could be that the judge increases the sentence under special circumstances. For instance, if the offense leads to severe bodily injury or death, under §§ 841(b) and 960(b), a minimum sentence of 20 years is imposed along with a maximum sentence of life imprisonment. If a person is proven guilty for a new federal drug offense along with having been convicted previously for one or more drug convictions, the sentence could rise significantly, under 21 U.S.C. § 851.
When appealing a federal drug offense, it is important to understand the sentencing guidelines because serious, life-impacting consequences entail the court decisions. Our federal drug appeals lawyers put in their best efforts to ensure that you clearly understand the process of appealing your federal drug offense and that your appeal has been presented in the best possible manner.
Overview of Federal Drug Offenses: Federal Drug Crimes and Charges
To describe and distinguish drug-related crimes, federal drug statutes are put in place. Not only do they determine the seriousness of the charges on the accused but also have an influence on the severity of the sentence. Types of federal drug crimes are listed under 21 U.S.C. § 841, 846, 952, 953, 963 and include:
A drug trafficking offense incredibly increases the severity of a charge. Behaviors/actions such as manufacturing, distributing or possessing illegal drugs with intent to distribute are all clubbed under the definition of drug trafficking. Standing out amongst these behaviors, drug manufacturing is considered to be the most serious federal drug-related offense. It involves the growth or production of illegal substances with the intent to distribute. Generally, drug manufacturing charges involve bulk quantities of illegal drugs produced on a large scale.
As touched upon earlier, drug conspiracy refers to the attempt to promote or facilitate the production, distribution or importation of illegal substances. In this area, it is mandatory for the prosecution to prove that the defendant was aware of the conspiracy.
Furthermore, distributing illegal drugs to persons below the age of 21 or in a school zone comes under a protected location offense.
Federal Drug “Schedules” as introduced under the Controlled Substance Act (CSA)
There have been numerous changes to federal drug laws over the last few decades. Thus, it became a necessity to introduce the Controlled Substance Act (CSA) in order to help consolidate and give structure to all the different changes made so far. The Act mainly distinguished federal drug charges by “schedule.” These “schedules” help differentiate drugs based on information known about the expected danger they pose to public safety. The drugs listed in different “schedules” increase in harmfulness as we go down the list from Schedule 1 to 5. Some examples of substances from each schedule are as follows:
Schedule 1: Marijuana, Ecstasy, LSD, and Heroin
Schedule 2: Cocaine and Morphine
Schedule 3: Vicodin, Marinol, and Anabolic steroids
Schedule 4: Xanax, Ambien, and Valium
Schedule 5: Lyrica and cough suppressants
Federal Drug Convictions: Enhanced Penalties and Sentencing Guidelines
Prior Qualifying Convictions under 21 U.S.C. §§ 841(b) & 960(b)
Based on prior criminal offenses, Sections § 841(b) and § 960(b) provide enhancement requirements to the new federal drug conviction. If a record of a previous conviction is found, the defendant’s 5-40 year prison range will be increased to 10 years to life in prison. Similarly, a defendant’s 10-year mandatory minimum sentence can be increased to a 20-year mandatory minimum because of a prior criminal conviction. Furthermore, if there are two prior convictions, a 10-year mandatory minimum will increase to mandatory life in prison.
Firearms and Drug Trafficking: 18 U.S.C. 924(c)
The court’s imposed sentence can become more severe in case of an offense involving both federal drug trafficking attorneys and firearms. The use or display of the involved firearm(s) would be taken into consideration and the imposed sentence may increase. When a firearm is discovered in the possession of the defendant while he/she is undergoing charges from a drug trafficking offense, the minimum imposed prison sentence is five years. However, the minimum sentence further increases to 7 years if a firearm is brandished, or “waved.” Overall, imprisonment can still never be less than 10 years when a firearm is discharged during the course of a drug trafficking offense.
21 U.S.C. §§ 841, 960: Penalties on the basis of Drug Schedule and Quantity
The most crucial factors that determine the intensity of the sentence are the quantity and type of drugs involved.
- “Under 21 U.S.C. §§ 841(b)(1)(B) and 960(b)(2), a defendant may receive 5 to 40 years in prison when the alleged offense involves 100+ grams of heroin, 500+ grams of cocaine or 28+ grams of cocaine base, 100+ kilograms of marijuana, or 5+ grams of meth.”
- “ An alleged offense involving 1+ gram of heroin, 5+ kilograms of cocaine, 280+ grams of cocaine base, 50+ grams of meth, or 1,000+ kilograms of marijuana can receive 10 years to life in prison pursuant to 21 U.S.C. §§ 841(b)(1)(A).”
- “For offenses involving lesser quantities of controlled substances, a statutory range of 0 to 20 years will apply.”
- “ A sentence for a marijuana-related offense involving less than 50 kilograms is no more than 5 years’ imprisonment.”
Sentence Reduction Guidelines released in 2014
Through unanimous voting, it was decided that The United States Sentencing Commission was willing to reduce sentencing guidelines for federal drug trafficking offenders in 2014. The official retroactive sentence reduction was allowed a few months later by the Commission. As a result, defendants who were sentenced for drug trafficking offenses prior to the 2014 guidelines could now possibly have their sentences reduced. This official date began on November 1, 2014, when courts were permitted to consider motions for retroactive sentence reductions.
Appealing a Federal Drug Conviction is Important
A federal crime appeal is your best bet when it comes to dealing with a sobering sentence imposed upon you for a federal drug offense. Specifically, a federal crime appeal made with the help and guidance of our skilled federal criminal appeals attorneys goes a long way in providing relief and justice.
In case of an unfair trial for your federal drug offense or ineffective assistance of counsel, it is advisable to reach out to a federal drug appeals lawyer as soon as possible. Trial courts are not exempt from making errors especially due to the intensive and exhausting nature of legal work, but that is still no excuse to let such errors impinge upon your constitutional rights. If you do find yourself to be a victim of unfair sentencing, don’t waste any time in contacting us and hiring federal drug appeals lawyers to help you. Do not hesitate to protect your own rights and strive toward justice.
In addition to being excellent advisors on legal matters, our federal criminal appeal lawyers are also expert writers and superior orators—the most obvious and essential skills for winning a federal drug appeal. Our federal drug lawyers ensure that they have thoroughly looked through the trial and sentencing record for any legal errors before crafting an appellate brief that is submitted and filed to the Circuit Court of Appeals. The next step is to use assertive communication and persuasion to present your case before a panel of judges. Our federal drugs appeals lawyers give utmost attention to detail, accuracy and keep your best interests in mind and do their best to help you through your federal crime appeal.
Preparing A Legal Defense Against Drug Conspiracy
Ambiguity and vagueness of a drug conspiracy charge make it equally difficult for the government to prove you guilty and for you to prove your innocence because proof of intent is the sole requirement for a drug conspiracy conviction. Over the years, our team of criminal defense attorneys has gathered solid experience and are well aware of the different laws and protections you are entitled to.
At the Brownstone Law firm, you can be assured of a thorough investigation of the circumstances surrounding your case and efficient defense of your case all the way from the pre-trial phase through to the post-trial. We also take responsibility for providing expert advice as to your rights and options under the law so that you are well-informed. We are fully aware of manipulations, pitfalls or unjust actions that the courts and the prosecutors may engage in and we will fight for you to make sure your rights under the law are protected.
Contact our federal drug convictions appeals attorneys today at 1-888-233-8895
federal drug conspiracy