Mr. Galluzzo worked with a social worker to describe the client’s extremely difficult upbringing, which included parental abuse, poverty, homelessness, the foster care system, and drug abuse as a pre-teen. Mr. Galluzzo convinced the judge that pursuant to the recent Second Circuit decision in US v. Gibson, the client was not a Career Offender under the Federal Sentencing Guidelines despite his two prior convictions for NY Penal Law Section 220.39, resulting in his classification as a Criminal History Category IV instead of VI. He also convincingly described the overdose as a terrible accident and expressed his client’s remorse to the judge.

Ultimately, the Court granted a significant downward variance and gave him a sentence equal to roughly half that recommended by the Sentencing Guidelines, 120 months (10 years). The client was pleased with the result and felt that his voice had been heard. The case was US v. Huertero, 20-cr-580 (ER) before Judge Ramos.

If you or a loved one are facing federal narcotics charges resulting in an overdose, you should strongly consider contacting Matthew Galluzzo. A former federal prosecutor, he has experienced litigating against government prosecutors attempting to prove that defendants are responsible for fatal overdoses, and has effectively cross-examined scientific expert witnesses (doctors, toxicologists, pathologists, etc.) on the subject. He also knows how to effectively present requests for merciful treatment from sentencing judges. Give him a call to schedule a consultation.

Mr. Galluzzo practices primarily in the New York City area, as well as the federal courts of Connecticut, White Plains (NY), and New Jersey. However, he is also able to defend federal criminal cases in other jurisdictions under certain circumstances.

A similar federal statute relates to the importation of narcotics into the country from outside the country. 21 U.S.C. Section 952 makes it a federal felony to import controlled substances from any place outside of the United States. The maximum and minimum penalties for committing these crimes are set forth in 21 U.S.C. Section 960, and again generally depend upon the type and quantity of narcotic imported into the United States, and whether anyone died as a result of those narcotics.

A person does not have to be physically transporting narcotics to be guilt of this crime. Federal prosecutors routinely pursue people for conspiring with others to commit this crime, such that one defendant might be accused of physically transporting narcotics while other members of the members of the conspiracy play different roles in the planning and delivery of the narcotics or its proceeds. Indeed, these crimes are frequently charged along with 21 U.S.C. 846, the conspiracy statute.

Indictments accusing individuals of these crimes may be the result of long-term investigations into narcotics trafficking, by federal agents and undercover informants. Sometimes, however, a defendant simply discovered and arrested at the border with narcotics in his vehicle might also be prosecuted in federal court. These cases also sometimes begin with arrests by U.S. Customs at airports who find narcotics in passenger luggage.

Defendants in these cases might be able to prove that they were unaware that they were being used to transport narcotics, or act as unwitting mules. In other cases, they might have played a minor role worthy of a sentencing reduction. Some young offenders may be eligible for federal diversionary programs to avoid prison or the lifelong stain of a conviction.

For defendants with no such defense, it is critical that they have an experienced criminal defense attorney who can advocate for leniency from the judge and prosecutors. Some defendants in these cases have drug addictions that caused them to become involved in a criminal conspiracy. Others might be controlled or abused by their boyfriends or husbands. In these cases, Matthew Galluzzo tries to really get to know his clients so that he can best present them as human beings to the presiding judges.

Indeed, Matthew Galluzzo has successfully defended many individuals charged with federal narcotics crimes, including 21 U.S.C. 952 and 960. If you or a loved one have been arrested or charged with such a crime, or conspiring to commit one, you should contact Matthew Galluzzo immediately. Matthew Galluzzo has represented individuals charged in federal court with trafficking cocaine, crack-cocaine, heroin, methamphetamine, GHB, MDMA (ecstasy), crystal methamphetamine, ketamine, fentanyl, marijuana, suboxone, prescription medication (Oxycontin, Oxycodone, Percocet, etc.), “Lean,” and other controlled substances. Matthew Galluzzo has also represented individuals accused of trafficking narcotics on the Dark Web.

Matthew Galluzzo parle francais. En fait, il est chevalier dans l’Ordre National du Merite, a cause de son travail comme Avocat en Droit Penal aupres du Consulat General de France a New York.

These charges carry significant potential jail sentences, as well as enormous possible money forfeitures. If it is shown that anyone died as a result of an overdose from one of these illegally distributed pills, then the defendants could easily be facing sentences in excess of ten years or more.

The Law Office of Matthew Galluzzo PLLC has significant experience representing alleged narcotics traffickers in federal court, especially in cases involving opioids and fentanyl. If you or a loved one are a doctor, pharmacist, or other alleged to have participated in an doctor-centered scheme to distribute narcotics, you should strongly consider contacting the Law Office of Matthew Galluzzo PLLC. Their lead counsel has had success representing defendants accused of these crimes and has obtained good results.

First, the government has to prove that the defendant actually sold drugs to the deceased person. Law enforcement frequently uses text messages and phone records to prove transactions in these cases. Law enforcement also frequently attempts to purchase narcotics themselves (undercover) from the target/suspect. That way, in the very least, the government can prove a charge of 21 U.S.C. Section 841, if not the overdose aspect.

Many drug overdoses are polydrug situations, meaning that the deceased person ingested more than one drug recently. In those cases, it can be more complicated to ascertain the precise “but for” cause of death. Certain drugs may interact with each other in unclear ways, and other drugs may work together in aggregate towards the same toxidrome. It is critical to have the assistance of a toxicological expert and an attorney familiar with some of the issues in overdose analysis. Many if not most of the federal prosecutions in this sphere nowadays involve fentanyl, and that drug is indeed far more potent, prevalent and deadly than most others. But that doesn’t mean that fentanyl – even when it shows in the victim’s bloodwork – is always the but for cause of death.

Matthew Galluzzo of the Law Office of Matthew Galluzzo has successfully represented individuals charged with causing fatal overdoses through drug distribution. Should you or a loved one be charged with such a crime, you should strongly consider retaining his services. These cases are extremely serious and require passionate advocacy and technical expertise. Mr. Galluzzo operates primarily out of New York, Connecticut, and New Jersey federal courts, but also occasionally represents clients in other federal courts across the country.

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.