Do All Members of a Drug Conspiracy Need to Be Sentenced the Same?

It is fairly common for state and federal prosecutors in Florida to charge multiple individuals with conspiracy to distribute illegal drugs. A conspiracy charge allows you to hold each individual co-conspirator criminally responsible without necessarily having to show what each participant did to advance the underlying crime. At the same time, sentencing judges retain significant flexibility in sentencing each co-conspirator upon conviction.

Federal Appeals Court: 14-Year Sentence Was Not Unreasonable

This means, among other things, that members of the same drug conspiracy may receive wildly different sentences. A recent unpublished decision from the United States Court of Appeals for the 11th Circuit, United States v. Bello-Flores, provides a helpful illustration. This case involved a Florida defendant convicted of one count of conspiracy to distribute–and possession with intent to distribute–methamphetamine.

The trial court sentenced the defendant to 168 months (14 years) in federal prison. On appeal, the defendant argued this was unreasonable given that it was higher than the sentences given to two of his co-conspirators. The 11th Circuit rejected that argument, however, and affirmed the trial court’s sentence.

The Court of Appeals explained that in general, a “disparate between sentences on codefendants” is generally grounds for reversing or reducing an otherwise lawful sentence under federal law. And even if it was, the 11th Circuit noted the defendant here was “not similarly situated” to his co-conspirators. For example, the defendant had a more extensive criminal history than his co-conspirators. Indeed, the defendant was already in state prison on drug trafficking charges when he conspired to commit federal drug trafficking crimes.

As for the 14-year sentence, the 11th Circuit said the trial court acted well within its discretion. Applying federal sentencing guidelines, the trial judge determined that a sentence between 168 and 210 months was appropriate when considering all relevant factors. The judge opted for a 168-month sentence, which was at the lowest end of this range. While the federal sentencing guidelines are advisory in nature, the 11th Circuit said that it is up to the defendant to prove a sentence within the calculated range is unreasonable. Here, the defendant could not do that. Again, the appellate court pointed to the defendant’s own prior record and the significance of his new crime.

Contact an Orlando Drug Trafficking Lawyer Today

It is worth pointing out that in many drug conspiracy cases, prosecutors will offer one or more alleged co-conspirators a plea bargain, promising a favorable sentencing recommendation in exchange for cooperation. While sentencing always remains at the discretion of the trial court, such plea agreements can nevertheless lead to substantially lower prison sentences than a co-conspirator who elects to take a case to trial and loses.

If you are facing such a scenario and need legal advice on how to proceed, our Orlando drug trafficking lawyer can help. Call the Joshi Law Firm, PA, today at 844-GO-JOSHI or contact us online to schedule a free initial consultation.

Source:

scholar.google.com/scholar_case?case=8936385563952700435