What is the minimum and maximum, and what is he actually facing?

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What is the minimum and maximum, and what is he actually facing?

Rolla Police arrested two suspects on Wednesday, April 22 after police allegedly discovered in-excess 850 pounds of marijuana in their possession. ***M, 32, and ****A, 26, both from Arizona, were arrested for **** trafficking after police were called to L***Truck Stop in response to a domestic disturbance report. According to a press release from the RPD, the couple was allegedly traveling from Arizona to St. Louis to pick up a car, but were vague in their answers and could not provide sufficient proof of their plans. Officers requested the RPD Interdiction/K-9 team’s assistance. Upon arrival, the K-9 team detected an alleged odor of marijuana, which resulted in the detaining of the couple. A search of the flatbed attached to the couple’s Dodge pick-up resulted in the discovery of a hidden compartment with 38 bundles of processed marijuana. After their arrest, the *** M and *** A and the drugs were turned over to the **** Enforcement Agency out of St. Louis. ***M is currently being held in the *** County Jail on a federal complaint of possession with intent to distribute marijuana (100 kilograms +). ***A, however, is not being held at the *** County Jail according to a county jailer and has not been charged, according to the public information officer with the US Attorney’s Office in St. Louis.

Asked on May 5, 2009 under Criminal Law, Washington

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Mr. Murillo is probably being charged with violating 21 U.S.C. sec. 841.  Under subsection (b)(1)(B) of that law, if found guilty, he will be sentenced to prison for not less than 5 and not more than 40 years, if it is his first offense, and a fine that could be as high as $2 million.  The sentence would also include at least 4 years of "supervised release" after he gets out of jail.

It is very hard, at this stage, to figure out what his actual sentence might be on conviction.  There are sentencing guidelines used by the federal courts, and there are simply too many things that go into a federal court sentence, not the least of which would be his willingness to cooperate with the DEA.


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