The indictment charges the following individuals:

LUIS FELICIANO, a.k.a. “Louminaty,” 38, of East Hartford
JOSE TIRADO, a.k.a. “Joselito” and “Leet,” 41, of Hartford
CARL JONES, a.k.a. “M.O.B.,” 41, of Hartford
LUIS ROBLES, a.k.a. “Lou,” 25, of Hartford
ROBERTO DIAZ, a.k.a. “Dragon Eyes,” 52, of West Hartford
MILTON ROSARIO, a.k.a. “Little,” 39, of Hartford
ANGEL DELGADO, 58, of Hartford
MARTIN MALDONADO, 33, of Hartford
JEREMY OZUNA, 27, of New Jersey
ROBERT VALLE, 58, of Schenectady, New York
MARSHA WATSON, 33, of Bangor, Maine
DEVIN TEXIRA, a.k.a. “LV,” 25, of Hartford
JOSHUA RODRIGUEZ, 31, of Hartford
JOEL DELEON, JR., a.k.a. “Psycho,” 41, of Hartford
HERIBERTO MENDEZ, a.k.a. “Big Ed,” 43, of Hartford
CHRISTOPHER GILLIARD, a.k.a. “CJ” and “Gilly,” 34, of Hartford.

They are charged with violations of 21 U.S.C. Section 846 (a conspiracy to distribute narcotics, meaning a working agreement to do a crime together) and violations of 21 U.S.C. Section 841. The seriousness of the latter charge depends on the quantity of the drugs for which the conspirators are responsible (or at least, the amount that was reasonably foreseeable to them as conspirators), with the most serious charge being 21 USC Section 841(a)(1)(A). That latter charge carries a mandatory minimum sentence of 10 years in prison. Other federal drug charges under Section 841 carry 5 year mandatory minimum sentences, and others have no mandatory minimum at all (though there could be a twenty-year maximum).

Several of the defendants are also charged with various firearms offenses. The 922g charge in this indictment means possession of a firearm by a “prohibited person,” which in this case means a person with a prior felony conviction. The 924c charge relates to the possession or use of a firearm in furtherance of a narcotics-related crime. So, just having access to the gun while operating as a drug dealer can be sufficient evidence of guilt for this crime. It could carry a potential five-year sentence to run consecutive to any narcotics-related sentence.

Notably, the press release explains that this case involves a significant quantity of fentanyl. That drug is oftentimes used to lace other drugs, make counterfeit pills (fake Xanax or Oxycodone), and all-too-often causes fatal overdoses. As such, the penalties for fentanyl can be significant, and individuals convicted of trafficking fentanyl may not be eligible for certain credits for early release from prison.

If you or a loved one have been charged with violating the federal narcotics or firearm laws, you should strongly consider contacting Matthew Galluzzo. He is a federal criminal defense attorney based in New York and Connecticut and former Manhattan prosecutor.

Previously, judges were required to impose 25-year consecutive sentences on convictions for 924(c) firearm charges when the defendants had previous convictions for 924(c). However, the problem with this law is that a person who committed two violations of 924(c) would be sentenced to a 25-year mandatory minimum consecutive sentence, even if they committed that second 924(c) violation before being convicted of the first 924(c). That is precisely what happened to Mr. Johnson: he was arrested in North Carolina for a bank robbery with a firearm, and then charged shortly thereafter with another robbery with a firearm in New York. Even though he had not yet been convicted of a 924(c) charge when he committed the robbery in New York, he got the mandatory minimum consecutive 25-year sentence because the other 924(c) crime happened in North Carolina (and he was convicted in that case) before being sentenced in New York.

Congress clarified this issue recently such that in order for the mandatory consecutive 25-year sentence to apply, the first conviction for 924(c) had to have been final before the commission of the second 924(c) crime. Judges then generally have discretion to modify sentences imposed under the old scheme. United States v. Ballard, 2021 WL 3285009, at *4-*5 (S.D.N.Y. Aug. 2, 2021); 18 U.S.C. Section 3582. Mr. Galluzzo and Mr. Johnson argued that Mr. Johnson had undergone significant rehabilitation, that he suffered from a variety of health ailments, and that the requested sentence modification still constituted sufficient punishment for his offenses, in which no one was injured.

The court generally agreed and reduced Mr. Johnson’s aggregate sentence by about thirteen years.

If you or a loved one need the assistance of an experienced federal criminal defense attorney, or wish to pursue an appeal of a “stacked” sentence under 924(c), you should strongly consider contacting Matthew Galluzzo.

The decision from Judge Rakoff is available here: Rakoff decision Leonard Johnson.

The statute reads as follows (18 U.S.C. § 924(c)(1)):

• (A) Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime—(i) be sentenced to a term of imprisonment of not less than 5 years;(ii) if the firearm is brandished, be sentenced to a term of imprisonment of not less than 7 years; and(iii) if the firearm is discharged, be sentenced to a term of imprisonment of not less than 10 years.

To brandish a weapon means to show the weapon to someone else during the commission of the crime, and to discharge the weapon obviously means to shoot it. There are additional penalties for the use of a rifle, shotgun, silencer, machine gun or assault weapon

Typical crimes of violence alleged in 924(c) indictments include homicides and attempted homicides, robberies, burglaries, assaults, and menacing.

Sometimes in these cases, a group of people are indicted for possessing a firearm that was only physically possessed by one of the members of the criminal conspiracy. Technically, all of the members of the drug trafficking conspiracy or violent crime conspiracy could be charged with the possession of the firearm under 924(c) if they were aware that their co-conspirator possessed the weapon. This is a common issue that arises at trial or in plea negotiations. A savvy defense attorney has to do a careful review of the discovery materials to determine whether there is any wiretap evidence, for example, that suggests that a particular client knew about the weapon at issue.

Non-citizens charged with this crime obviously face deportation as a possible consequence. Those 924(c) defendants with a significant violent or drug-related criminal history could also be categorized as career offenders and be subject to potentially enormous penalties and prison sentences.

If you or a loved one have been charged with a violation of 18 USC § 924(c), you should strongly consider contacting The Law Office of Matthew Galluzzo. Mr. Galluzzo is a former Manhattan prosecutor and experienced criminal defense attorney who has successfully defended man individuals charged with this crime. Give him a call for a free case evaluation and a fair quote for his services.