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.
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.
Attorney Stephen Neyman regularly defends people accused of committing crimes, particularly drug crimes that are being prosecuted in Federal Court. We have appeared and defended clients in Federal Courts throughout the country with great success. If you have been charged with a Drug Crime in Massachusetts Federal Court call us now at 617-263-6800 or contact us online.