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.

Federal cases involving narcotics charges typically are the result of long-term investigations by the FBI, the DEA, Homeland Security, or a joint task force involving local police like the NYPD. As such, there are oftentimes wiretaps, surveillance tapes, confidential informants, and search warrants. An effective defense requires an attorney who can review the evidence and the law enforcement processes to determine whether any constitutional rights were violated.

Many unfortunate individuals never actually possessed or distributed narcotics but nonetheless find themselves charged in federal court on account of the conspiracy laws encapsulated in 21 USC 846. That statute explains: “Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.” Basically, this means that a person who plays any knowing role whatsoever in another person’s illegal business is criminally liable for the entirety of that conduct. For example, a person who introduces two people for the purpose of a drug transaction can be expected to be charged as an equal to whatever drug transaction ultimately occurred. A person who acts as a lookout during a drug transaction could be treated as equally culpable to the seller of the narcotics. A person who simply rents an apartment to someone whom he knows is dealing drugs from the apartment could be guilty of “conspiring” to assist the dealer. These are just a few examples of people who could be charged in ways that seem unfair in light of their relatively modest role in the crime. We have however defended many girlfriends of drug dealers and casual acquaintances of true criminals who have found themselves knee-deep in serious federal cases after having had only fleeting or tangential involvement in the cases. But this is the reality of federal conspiracy law.

In conclusion, if you or a loved one have been arrested and charged with violating the federal criminal drug laws – such as 21 USC 841 or 21 USC 846 – you should strongly consider retaining the services of the experienced criminal defense attorneys at the Law Office of Matthew Galluzzo. Their team of former Manhattan prosecutors has successfully defended numerous individuals accused of federal crimes relating to the possession and trafficking of cocaine, heroin, crystal meth and methamphetamine, GHB (gamma hydroxybutyric acid), ecstasy (MDMA), fentanyl, and prescription drugs like oxycontin, oxycodone, and other opiods. Notably, their attorneys have particular experience and expertise in defending foreign citizens in these matters, as they are fluent in French and Spanish and have long relationships with the New York-area consulates of several foreign nations (including France, Switzerland, Saudi Arabia and Australia, among others). They also have experience defending individuals accused of operating illegally on the Dark Web. Their results involve numerous dismissals and favorable sentences far below those normally called for by the federal sentencing guidelines. Give them a call to discuss your federal New York district court case. They operate primarily in the Southern District of New York and Eastern District of New York federal courts.