The defendant in a federal criminal prosecution for trafficking in fentanyl had a federal Sentencing Guidelines range of 63-78 months. The trial court varied from the Guideline range to a sentence of 118 months based, in part, on the defendant's criminal record and several articles regarding the severity of the opioid epidemic in the community. The Sixth Circuit Court of Appeals held that the upward variance was appropriate.
It is critically important that defendants charged in federal drug trafficking cases, especially those charged with possessing with intent to distribute fentanyl, heroin and methamphetamine, hire experienced federal narcotics criminal defense attorneys.
Scott C. Cox and Michael R. Mazzoli are both former federal prosecutors who worked in the Narcotics Section of the United States Attorney's Office. Both men have won multiple federal criminal drug cases at trial in U. S. District Court.