Drug Smuggling in California May Be Prosecuted as a Federal Offense – 21 U.S.C. 952, 960, 963
If you have been arrested for possessing, distributing, importing, or exporting drugs into or out of the United States, our attorneys at Wallin & Klarich want you to know that the government will aggressively prosecute you. You could be facing decades in federal prison as well as enormous fines. Moreover, you face the same extreme consequences for attempting or conspiring to attempt drug smuggling in California even if you fail to complete the criminal act.
Over the past 40 years, the attorneys at Wallin & Klarich have successfully defended thousands of Southern California residents facing prosecution for a wide variety of state and federal drug-related offenses. We are successful because of our intense dedication to winning your case. Getting you the very best result is our highest priority.
Our attorneys wish to share with you a decision in a recent case involving four men in San Clemente who pretended not to know they were smuggling drugs…and lost big.
United States v. Ramos-Atondo, No. 12-50208 (9th Cir. October 11, 2013)
The four defendants in this case were convicted of conspiracy to import marijuana and importing marijuana in violation of federal law (21 U.S.C. §§ 952, 960, 963). They appealed, claiming they “could have believed” they were smuggling illegal aliens into the country, rather than drugs. Therefore, they did not “knowingly” engage in importing a controlled substance. Because having knowledge of their illegal activities is an element of the crime that must be proven beyond a reasonable doubt, they thought their defense would be successful. It wasn’t.
At trial, the prosecution asked for, and the court agreed to give the jury instructions that the defendants could be found guilty if the jury believed they engaged in “deliberate ignorance” – meaning the defendants deliberately avoided learning the truth of their crime. The defendants argued on appeal that it is impossible to conspire to be deliberately ignorant. The Appeals Court rejected that argument and upheld their convictions.
Prosecution for a Federal Drug Crime
If the government is successful proving any of the following beyond a reasonable doubt, you can be found guilty of a United States drug offense:
- You knowingly or intentionally imported or exported a controlled substance;
- You knowingly or intentionally brought or possessed on board a vessel, aircraft, or vehicle a controlled substance; or
- You manufactured, possessed with intent to distribute, or distributed a controlled substance.
Sentencing and Punishment for a Drug Crime Charged as a Federal Offense
Pursuant to 21 U.S.C. § 960, you face anywhere from 5 to 40 years, 10 years to life, or 20 years to life in prison if you are convicted of importing or exporting drugs into or out of the United States. Sentencing will depend on:
- The facts of your case;
- Your criminal history, if any;
- The category of drugs you smuggled;
- The amount of drugs you smuggled; and
- Whether anyone was seriously injured or died as a result of using the drugs you smuggled.
In addition to a lengthy prison sentence, your punishment may include a fine of up to $20 million depending on the amount of drugs you possessed. You are also subject to 5 to 10 years of supervised release from custody once you get out of prison. You can also be denied eligibility for parole in some instances, which means you would have to serve your entire sentence (less any credits) before you would be released.
Because the federal sentencing guidelines for drug smuggling are so severe, you cannot afford to go through your case without the very best legal representation available. You need Wallin & Klarich now.
Let Wallin & Klarich Help You if You are Accused of Drug Smuggling in California
A charge of drug smuggling is a very serious offense. At Wallin & Klarich, our attorneys have over 40 years of experience handling drug smuggling cases at both the state and federal level. With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, Wallin & Klarich has successfully defended clients facing decades in prison and millions of dollars in fines. We make certain that our clients are treated fairly under the law and that they receive the best legal representation through every step of the process. We will help guide you through all of your options and help you win your case.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.
