Articles Posted in Trafficking Marijuana

Five people have been indicted by a Federal Grand Jury in the Federal District Court for the District of Massachusetts on Conspiracy to Traffic Marijuana Charges. It is reported that Dmitriy Goldinshteyn of Framingham, Massachusetts along with Myooran Nakeswaran and Mark Belenkii, both from Newton, Massachusetts as well as Mary Roberts and Vadim Khait are named in the indictments. Goldinshteyn was arrested at his home in Framingham at six o’clock in the morning. He has been released on a twenty five thousand dollar personal appearance bond. It is alleged that the conspiracy started in early 2004 and that involved over one thousand kilograms of marijuana.

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Marijuana Trafficking Conspiracy Cases Pending For Five From Massachusetts

Conspiracy to traffic one thousand kilograms or more of marijuana in Federal Court is punishable by a minimum mandatory ten years in federal prison according to the relevant statutes. The Federal Sentencing Guidelines suggest the following in cases such as this one. First, the quantity itself makes this a level 32 offense. If the defendant’s criminal history is a category 1 the guidelines suggest a sentence of 121 months to 151 months be imposed. The defendant’s level can be decreased by at least two levels depending on his role in the conspiracy. The defendant’s level of participation can also be a factor that leads to a reduction in the base offense level. There can also be a reduction in base offense level if the defendant accepts responsibility for his actions. Finally, the defendant may be eligible for a “safety valve” that permits the judge to sentence him under the minimum mandatory sentence. This article is vague as to what each defendant’s role in this operation was. As of today there was no press release providing additional information on this case.

Much can be done to defend people accused of this offense. Over the past ten years Federal Case Law has evolved favorably to the defense. It is becoming more common for a minor participant in a drug conspiracy to be punished for his or her actual role in the offense than rather than for the entire quantity of drugs alleged in the indictment. Thus, in a case where it is alleged that multiple defendants trafficked over one thousand kilos of marijuana there can be great disparity among the sentences for each participant.

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Massachusetts State Police broke up a large marijuana delivery yesterday in Peabody, Massachusetts. It was reported that police had set up a surveillance at a store parking area in Route 1 in Danvers. The delivery truck arrived and law enforcement personnel observed men loading marijuana from the truck onto another vehicle. Both vehicles were followed until it was determined that probable cause to stop had been established. One vehicle contained over five hundred pounds of marijuana. The other had over two hundred thousand dollars cash. Three Massachusetts men, Brian Toto of Revere and Michael Schrimpf and Phillip Watson, both of Saugus were arrested. Two men from Indiana, Melvin Vanmeter and R.J. Norton were also arrested. All of the defendants are being charged with trafficking marijuana over one hundred pounds and conspiracy. Bail has been set at two hundred fifty thousand dollars in the Peabody District Court.

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Drug Bust In Peabody Massachusetts Produced 500 Pounds Of Marijuana, Cash

In Massachusetts Trafficking Marijuana carries varied minimum sentences that depend on the quantity of drugs involved. Marijuana trafficking starts at fifty pounds. If someone traffics between fifty and one hundred pounds there is a one year mandatory minimum jail sentence. If you are caught trafficking between one hundred and two thousand pounds of marijuana you face 3 to 15 years in state prison, at least three of which must be served. Both buyers and sellers have exposure for trafficking if the quantity involved exceeds the threshold established by law. Here, the defendants are looking at three years. The case will most likely be indicted to the Essex County Superior Court in Salem, Massachusetts.

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After a two month investigation law enforcement officials in Norfolk County Massachusetts seized 340 pounds of marijuana at homes in Quincy and Canton.  In all three men were arrested and charged with trafficking marijuana.  The men have been identified as Tuan Ngoc Pham of Quincy; Jeffrey Falcone of Boston; and Alexandros Kostopoulos of Abington.  In addition to the drugs authorities seized $355,000 in cash.  The street value of the drugs are estimated at more than $1,000,000.  Bail was set on all men at the arraignment.

Read Article:  Massachusetts Men Arrested In Drug Raid

Certain thoughts come to mind when reading this article.  It is highly likely that the searches of the homes were conducted pursuant to search warrants.  This typically implicates confidential informants or controlled buys or both.  The validity of the search warrant might be challenged.  If successful the fruits of the search, in this case the drugs get suppressed meaning that they cannot be introduced in court.  Often times this terminates the prosecution.  If the search is found to be lawful there are other defenses that might apply to one or more of the defendants.  These are predicated on what the investigation disclosed prior to the search, what happened at the time of the search and whether or not the defendants spoke to the authorities after they were arrested.

If convicted, the defendants in this case face a minimum mandatory 3 year state prison sentence.

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