21 USC 841 Drug Distribution Charges: Federal Defense

21 USC 841 Drug Distribution Charges: Mandatory Minimums, Safety Valve & Defense Strategies

If your facing federal drug distribution charges under 21 USC § 841, irregardless of what anyone told you, you needs to understand one thing right now—the federal system ain’t like state court. You’re looking at mandatory minimum sentences that federal judges CANNOT reduce, even if they wants to. This article gonna explain the three penalty tiers, drug quantity thresholds, safety valve requirements, and defense strategies that actually works in federal drug cases.

Todd Spodek, founding attorney at Spodek Law Group, has represented many, many defendants facing 21 USC 841 charges—from street-level distribution to multi-kilogram conspiracy cases. Based off decades of federal criminal defense experience, this guide breaks down what you’re up against and what you needs to do right now to protect you’re freedom.

What Is 21 USC 841? Understanding Federal Drug Distribution Law

21 USC § 841(a) makes it unlawful for any person to knowingly or intentionally manufacture, distribute, dispense, or possess with intent to manufacture, distribute, or dispense a controlled substance. The prosecution has to prove three elements beyond reasonable doubt:

• You knowingly or intentionally engaged in the prohibited conduct
• The substance was a controlled substance listed in Schedules I through V
• You knew the substance was some kind of controlled drug (you doesn’t have to know which specific drug)

Here’s what most defendants doesn’t understand: “distribution” don’t require money or any evidence of a sale. If you shared drugs at a party, you distributed. If you gave drugs to a friend, you distributed. If you held drugs for another person in the conspiracy, you possessed with intent to distribute. The federal definition under 21 USC § 802(11) defines “distribute” as simply to deliver—irregardless of whether money changed hands.

And text messages? They’re confession factories. Prosecutors interprets “Got that thing?” and “Can you front me?” and “Same as last time?” as distribution evidence. Coded language doesn’t help you—it makes it worse, because prosecutors uses it to show consciousness of guilt. I seen cases where a defendant thought they was being careful with they’re wording, only to have every message admitted at trial under the “lay opinion” rule.

Between you and I, based off hundreds of federal drug cases, the “knowingly” element is easier for prosecutors to prove then most defendants thinks. You doesn’t have to know you was carrying fentanyl specifically—you just needs to have known it was some kind of illegal drug. If you thought it was cocaine but it was actually methamphetamine, that doesn’t matter. You’re still guilty.

The Three Tiers: Mandatory Minimum Sentences by Drug Quantity

Federal drug penalties is divided into three tiers based on the type and quantity of drugs involved. This ain’t discretionary—if the quantity triggers a mandatory minimum, the judge MUST impose at least that sentence, irregardless of you’re personal circumstances, lack of criminal history, or how sympathetic you’re case might be.

Tier 1: Section 841(b)(1)(A) – 10-Year Mandatory Minimum

These is the drug quantities that triggers a 10-year mandatory minimum sentence (up to life imprisonment):

If you has a prior serious drug felony conviction, that 10-year minimum becomes 15 years. Two or more prior serious drug felonies? Your looking at mandatory life, irregardless of the quantity in the current case.

Tier 2: Section 841(b)(1)(B) – 5-Year Mandatory Minimum

These quantities triggers a 5-year mandatory minimum (up to 40 years):

Here’s where it gets absurd: 40 grams of fentanyl mixture—about the weight of a golf ball—triggers a 5-year mandatory minimum. That’s roughly 1.4 ounces. I seen many, many defendants who genuinely intended these amounts for personal use, given fentanyl’s extreme potency, only to discover they’re facing 5 years minimum because the total weight (including cutting agents and packaging materials) pushed them over the threshold.

Defense counsel needs expert testimony on fentanyl dosing compared to other opioids. What would be a week’s supply of heroin for a heavy user might weight 10-15 grams. That same user might only need 2-3 grams of fentanyl for a week’s supply—but if it’s cut with other substances and you’re caught with 45 grams total weight, you just triggered the 5-year mandatory minimum, irregardless of you’re actual intent.

Tier 3: Section 841(b)(1)(C) – No Mandatory Minimum

If the quantity is below the Tier 2 thresholds, you’re charged under 841(b)(1)(C), which carries up to 20 years but has no mandatory minimum. This gives the judge discretion to impose any sentence from probation up to 20 years based off the Sentencing Guidelines.

But don’t get comfortable—even without a mandatory minimum, federal judges still follows the Guidelines in 80%+ of cases. You’re still looking at serious prison time based off the drug quantity table, you’re criminal history, and any enhancements that applies to you’re case.

Safety Valve: You’re Only Exit From Mandatory Minimums

The safety valve provision under 18 USC § 3553(f) is the ONLY way a federal judge can sentence you below a mandatory minimum in a drug case. But irregardless of what you might of heard, it ain’t automatic, and many defendants who thinks they qualifies actually doesn’t.

You has to meet ALL five requirements:

1. No violence or weapon: You didn’t use violence or credibly threaten violence, and you didn’t possess a firearm or dangerous weapon during the offense
2. No death or serious injury: The offense didn’t result in death or serious bodily injury to any person
3. Limited criminal history: You has 4 or fewer criminal history points under the Sentencing Guidelines
4. Not a leader or organizer: You wasn’t an organizer, leader, manager, or supervisor of others in the offense, and you wasn’t engaged in a continuing criminal enterprise
5. Complete truthful cooperation: You has truthfully provided to the government all information and evidence you has concerning the offense, by the time of sentencing

Here’s what defense lawyers doesn’t always tell you: that “4 or fewer criminal history points” requirement is deceptive. You thinks “I only got one prior conviction, I’m good,” but then you discovers:

• You’re prior marijuana possession conviction from 8 years ago = 2 points (because you was sentenced to 13 months)
• You’re DUI from 5 years ago = 2 points (because it was within 10 years)
• You’re juvenile adjudication for assault = 1 point (because it was less then 5 years before the current offense)

That’s 5 criminal history points. You just missed safety valve eligibility by one point, and now you’re facing the full mandatory minimum with no relief. Between you and I, based off cases I seen, you needs a complete criminal history audit BEFORE you enters into any plea negotiations, because once you pleads guilty without safety valve language in the plea agreement, you’re stuck.

The First Step Act of 2018 expanded safety valve eligibility from “1 or fewer points” to “4 or fewer points,” which helped many defendants. But it still excludes anyone with a moderate criminal history, irregardless of how old them convictions is.

State Cooperation Can Kill Federal Safety Valve

Here’s something most defendants doesn’t know until it’s too late: if you cooperated with state investigators and got you’re state charges dismissed as part of a cooperation agreement, federal prosecutors might argues you “held back” information from the feds and denies you’re safety valve eligibility under requirement #5.

I seen this happen many, many times. Defendant cooperates with local police, gets they’re state case resolved, then gets indicted federally for the same conduct. They thinks, “I already cooperated, I’m good,” but the federal prosecutor says, “You gave information to the state in March, but you didn’t proffer to us until June. You wasn’t truthful and complete from the beginning. No safety valve.”

If your facing both state and federal exposure, you needs coordination between state and federal defense counsel BEFORE you signs any cooperation agreement. Once you gives a proffer to state authorities, you’re locked into that version of events, and any inconsistencies later gonna be used against you in the federal case.

Death or Serious Bodily Injury: The 20-Year Floor

If you’re charged under 21 USC § 841 and the distribution resulted in death or serious bodily injury to any person, the penalties jumps dramatically: 20 years to life mandatory minimum, irregardless of the drug quantity involved.

That means if you sold a single Percocet pill to someone and they overdosed and died, you’re facing 20 years minimum. The quantity don’t matter. The fact that you didn’t know they would overdose don’t matter. The fact that they mixed you’re pill with alcohol or other drugs don’t matter. All that matters is: Did they dies? Did you’re drug contribute to the death?

Prosecutors has made this a major focus in fentanyl cases. I seen cases where a defendant sold what they thought was heroin (but was actually fentanyl-laced), the buyer overdosed, and the defendant gets hit with the 20-year minimum even though they didn’t know fentanyl was in the product.

“Serious Bodily Injury” Is Broader Than You Thinks

The definition of “serious bodily injury” is incredibly broad—it ain’t just death. It includes:

• Substantial risk of death
• Extreme physical pain
• Protracted and obvious disfigurement
• Protracted loss or impairment of a bodily function, organ, or mental faculty

Based off cases I seen, prosecutors has successfully argued that the following constitutes “serious bodily injury”:

• Drug dependency requiring extended treatment
• Miscarriage caused by drug use during pregnancy
• Kidney damage from overdose requiring dialysis
• Brain damage from oxygen deprivation during overdose
• Broken bones from falling during intoxication
• Extended hospitalization for overdose treatment (even if full recovery)

Medical records becomes weapons in these cases. If the buyer ended up in the ICU for 5 days and needed intubation, prosecutors is gonna argue that’s “substantial risk of death” and trigger the 20-year minimum. You’re defense attorney needs to challenges the causation—did YOU’RE drug actually cause the injury, or was it other contributing factors?

Between you and I, irregardless of what defense strategy you uses, if someone died or suffered serious injury, you’re looking at the most serious version of 21 USC 841 charges. These cases almost never goes to trial—they’re too risky. Most defendants cooperates fully and hopes for a 5K1.1 substantial assistance departure to get below the 20-year floor.

Conspiracy Liability: You’re Responsible for Everyone’s Drugs

Here’s where many, many defendants gets blindsided: 21 USC § 846 conspiracy to distribute carries the exact same penalties as actually completing the distribution offense. And under conspiracy law, you’re liable for the total weight of all drugs involved in the conspiracy, even drugs you personally never touched, never sold, and never even seen.

Let me give you a real-world example. You sells 50 grams of cocaine over 3 months. You thinks you’re facing a Tier 3 charge (no mandatory minimum). But you was part of a conspiracy with 4 other people. Person #2 sold 200 grams. Person #3 sold 350 grams. Person #4 sold 150 grams. Person #5 sold 400 grams.

Total conspiracy weight: 1,150 grams. That’s over 1 kilogram, which triggers the 10-year mandatory minimum under Tier 1—even though you personally only sold 50 grams, which would of been a Tier 3 charge with no mandatory minimum.

“But I didn’t know they was selling that much!” Doesn’t matter. The legal standard is “reasonably foreseeable.” If a reasonable person in you’re position should of known the conspiracy involved those quantities, you’re liable for the full amount, irregardless of what you personally handled.

Relevant Conduct vs. Reasonably Foreseeable Amounts

There’s two concepts that determines how much drug weight you’re held responsible for:

• Relevant conduct (for Guidelines calculation): Includes all acts that was part of the same course of conduct or common scheme
• Reasonably foreseeable amounts (for conspiracy liability): What quantities you should of known about based off you’re role and knowledge

You’re defense attorney has to fights this battle at sentencing. The difference between being held responsible for 500 grams vs. 5 kilograms is the difference between a 5-year minimum and a 10-year minimum. This ain’t theoretical—this is you’re life.

I seen cases where a low-level courier makes 3 deliveries of 100 grams each (300 grams total), but the organization moved 50 kilograms during the conspiracy period. The prosecutor argues the courier “had to know” the organization was large-scale based off the frequency of calls, the professionalism of the operation, and the amounts of cash involved. Boom—courier gets hit with 5+ kilograms for Guidelines purposes, even though they personally only handled 300 grams.

The only defenses that sometimes works:

• Withdrawal from conspiracy: You affirmatively withdrew and communicated that withdrawal to co-conspirators (rare, hard to prove)
• Limited role: You was just a mule/courier with no knowledge of larger operation (minor role reduction, doesn’t eliminate conspiracy liability)
• Single transaction: You wasn’t part of ongoing conspiracy, just involved in one discrete transaction (hard to prove if there’s evidence of multiple contacts)

Between you and I, based off what I seen, if you’re charged in a multi-defendant conspiracy, you needs to know the total drug quantities involved BEFORE you decides whether to go to trial or cooperate. Your attorney should be fighting to limit you’re relevant conduct at every stage—in plea negotiations, at the sentencing hearing, and in objections to the Presentence Investigation Report (PSR).

Defense Strategies That Actually Works in 21 USC 841 Cases

Irregardless of what you might of heard, federal drug cases ain’t impossible to defend. There’s specific strategies that works if you has the right facts and the right attorney. Here’s what actually gets results, based off hundreds of federal drug cases:

1. Fourth Amendment Challenges: Illegal Search and Seizure

If law enforcement violated you’re Fourth Amendment rights—searched you’re car without probable cause, entered you’re home without a warrant, stopped you on the street without reasonable suspicion—any evidence they found might be suppressed.

Common Fourth Amendment issues in drug cases:

• Warrantless vehicle searches claiming “odor of marijuana” (need to challenge officer’s training and credibility)
• Searches beyond scope of consent (you agreed to let officer look in the trunk, he searches under the seats)
• No probable cause for warrant (affidavit based on unreliable informant)
• Standing issues (drugs found in car you was borrowing—do you has standing to challenge search?)

If you wins a suppression motion under Franks v. Delaware or other Fourth Amendment grounds, the government might has no case. I seen cases dismissed entirely after successful suppression motions, because without the drugs, there ain’t no evidence.

2. Lack of Knowledge Defense

Remember, the prosecution has to prove you knowingly possessed or distributed drugs. If you genuinely didn’t know the drugs was there, you can’t be convicted.

Examples where this works:

• You was asked to deliver a package, you thought it was legal merchandise
• Drugs was hidden in you’re luggage by someone else
• You was staying at a house where drugs was found, but they wasn’t yours and you didn’t know they was there

This defense is hard to prove, because prosecutors uses circumstantial evidence—large quantities, drug paraphernalia nearby, you’re behavior when arrested, text messages. But in the right case, it works.

3. No Possession (Actual or Constructive)

Even if drugs was found, the government still has to prove YOU possessed them. There’s two types of possession:

• Actual possession: Drugs on you’re person, in you’re hand, in you’re pocket
• Constructive possession: Drugs in a location you controls, and you knows they’re there

Constructive possession requires the government to prove you had dominion and control over the location where drugs was found. If drugs was found in a shared apartment, shared vehicle, or public area, you has a defense.

I seen cases where drugs was found in a car with 3 people in it. Nobody admits ownership. The government charges all three, but at trial they can’t prove which person actually possessed the drugs. Result: acquittal for all three, irregardless of the quantity.

4. No Intent to Distribute: Personal Use Quantity

If the quantity is small enough, you’re defense might be “I possessed it, but for personal use, not distribution.” This reduces the charge from 21 USC § 841 (distribution/intent to distribute) to 21 USC § 844 (simple possession), which carries much lower penalties.

Factors that helps this defense:

• Small quantity consistent with personal use
• No scales, baggies, cutting agents, or other distribution paraphernalia
• No large amounts of cash
• No customer lists, phone records showing multiple buyers
• Defendant has documented drug addiction

You’re attorney might needs an expert witness to testify about typical user quantities vs. dealer quantities. For example, a heavy heroin user might possess 10-15 grams for personal use over a week, while prosecutors argues anything over 5 grams is “intent to distribute.”

This defense works better with drugs like heroin, cocaine, and methamphetamine where personal use quantities can be significant. It don’t work as well with large quantities (nobody believes 500 grams is personal use) or with distribution-related evidence like scales and packaging materials.

5. Entrapment

Entrapment is a defense where you argues the government induced you to commit a crime you wasn’t predisposed to commit. This comes up in sting operations with undercover agents or confidential informants.

To prove entrapment, you has to show:

• Government agents (or people working for them) initiated the criminal conduct
• You wasn’t predisposed to commit the crime
• Government’s conduct was so extreme it would induce a normal law-abiding person to commit the crime

This is a tough defense because the government usually has evidence of you’re predisposition—prior drug activity, prior convictions, statements showing you was ready and willing. But I seen it work in cases where an informant badgered a defendant over weeks to sell drugs, offered inflated prices, and the defendant had no history of drug dealing.

6. Chain of Custody Defects

The government has to prove the drugs tested in the lab is the same drugs seized from you. This requires a documented chain of custody showing every person who handled the evidence, every transfer, every storage location.

If there’s breaks in the chain—missing documentation, unaccounted time periods, evidence stored in unsecured locations—you can argues the evidence was contaminated, switched, or tampered with. This raises reasonable doubt.

I ain’t gonna lie to you—this defense don’t work often, because federal agencies is usually careful with evidence handling. But when there IS a chain of custody problem, it can be devastating to the government’s case.

7. Quantity Disputes and Lab Challenges

The drug quantity determines you’re mandatory minimum and you’re Guidelines range. If the government’s lab analysis is wrong, you’re facing more time then you should.

You’re attorney should challenges:

• Weight calculations: Was packaging included? Was cutting agent included? What was the actual weight of pure drug?
• Lab methodology: Did the lab follow proper testing procedures? Was the equipment calibrated correctly?
• Sampling: Did the lab test every package, or just a sample? If a sample, was it representative?
• Purity: For drugs like methamphetamine, was it “pure” or “mixture”? This affects which threshold applies.

A difference of even 10-20 grams can be the difference between a 5-year minimum and no mandatory minimum. You’re attorney needs to get an independent lab analysis if the government’s numbers looks wrong.

Between you and I, irregardless of which defense strategy applies to you’re case, the key is EARLY investigation and motion practice. Many federal drug cases is won or lost on pretrial motions—suppression motions, motions to dismiss, motions in limine to exclude prejudicial evidence. If you waits until trial, you already lost many of you’re best defenses.

Sentencing: Federal Guidelines Still Controls You’re Life

Even though the Supreme Court made the Federal Sentencing Guidelines “advisory” in United States v. Booker (2005), they still matters—a lot. Empirical data shows 80%+ of federal sentences falls within the Guidelines range or within government-sponsored departures below the range.

Judges treats the Guidelines as the starting point. If you wants a lower sentence, you has to give the judge a reason to depart or vary downward, based off the 18 USC § 3553(a) factors.

How the Guidelines Works for Drug Cases

The base offense level for drug trafficking is determined by USSG § 2D1.1 Drug Quantity Table. The more drugs involved, the higher you’re base offense level:

• 500g to 1.5kg cocaine = Base Offense Level 26
• 1.5kg to 4.5kg cocaine = Base Offense Level 28
• 4.5kg to 15kg cocaine = Base Offense Level 30

Then the government adds enhancements:

• +2 levels if you was a manager or supervisor
• +2 levels if a weapon was involved
• +2 levels if you distributed to minors or pregnant women
• +2 levels if distribution occurred near schools or playgrounds
• +2-6 levels if death or serious injury resulted

And you’re attorney fights for reductions:

• -2 levels for safety valve (if eligible)
• -2 levels for minor role in the offense
• -4 levels for minimal role
• -2 or -3 levels for acceptance of responsibility (pleading guilty)

Then you adds you’re Criminal History Category (I through VI) based off prior convictions. The intersection of you’re Total Offense Level and Criminal History Category gives you the Guidelines range in months.

For example: Base level 26, +2 for weapon, +2 for supervisor role, -3 for acceptance of responsibility = Total Offense Level 27. If you has Criminal History Category III, you’re Guidelines range is 87-108 months (about 7-9 years).

Fighting for a 2-level reduction can mean the difference between 87-108 months and 70-87 months. That’s real years of you’re life, irregardless of how “advisory” the Guidelines supposedly is.

Career Offender Status: The Sentencing Killer

Under USSG § 4B1.1, if you has two or more prior felony convictions for controlled substance offenses committed after age 18, you’re classified as a Career Offender. This is devastating.

Career Offender status sets you’re offense level at a minimum of 34 (for most drug trafficking offenses), irregardless of the actual drug quantity. Level 34 with Criminal History Category VI is 262-327 months—that’s 21-27 years.

What counts as a “controlled substance offense” for Career Offender purposes?

• State felony drug distribution convictions
• State felony drug possession convictions (in some circuits)
• Prior federal drug convictions

This means if you was convicted of marijuana sales 12 years ago, and cocaine possession 8 years ago, and now you’re convicted of distributing 100 grams of heroin (which would normally be a Base Offense Level 24), you instead gets level 34 as a Career Offender.

I seen many, many defendants blindsided by this. They thinks they’re facing 5-7 years based off the drug quantity, but then the PSR comes back with Career Offender status and they’re actually facing 20+ years. Between you and I, if you has two or more prior drug convictions, you needs to know about Career Offender status BEFORE you pleads guilty, because it might affects whether cooperation or going to trial is the better strategy.

5K1.1 Substantial Assistance Departures

The only way to get below a mandatory minimum (other than safety valve) is through a 5K1.1 substantial assistance motion filed by the prosecutor. This requires you to cooperates fully—debriefing sessions, testimony against co-defendants, undercover operations, whatever the government asks.

If the prosecutor files a 5K1.1 motion, the judge can depart below the mandatory minimum and below the Guidelines range. I seen cooperation reduce sentences by 40-50% in drug cases. But it comes at a cost: you’re cooperating against people who might retaliates against you or you’re family. You needs witness protection considerations, safety assessments, and a realistic understanding of what cooperation actually means.

Not all cooperation is equal. Prosecutors has discretion over whether to file a 5K1.1 motion. If you’re information is low-level or doesn’t lead to prosecutions, they might decides you’re cooperation wasn’t “substantial” and refuses to file the motion. Then you’re stuck with the full mandatory minimum, irregardless of how much you tried to help.

Cost & Timeline Reality for Federal Drug Defense

Let’s talk about what federal drug defense actually costs, because irregardless of what anyone tells you, this ain’t gonna be cheap, and it ain’t gonna be quick.

Legal Fees

Based off what federal practitioners charges across the country:

• Plea negotiations (no trial): $15,000 – $35,000
• Trial representation: $35,000 – $75,000+
• Multi-defendant conspiracy trial: $50,000 – $150,000+
• Appeal: $15,000 – $50,000 additional

These fees covers investigation, expert witnesses, motion practice, trial prep, and representation at sentencing. If you needs a drug quantity expert, a Fourth Amendment expert, or other specialists, that’s additional costs.

I ain’t gonna sugarcoat it—many, many defendants doesn’t have $50,000 for trial representation. If you can’t afford private counsel, you gets a federal public defender, who is often excellent attorneys but is overwhelmed with caseloads. Public defenders handles 200+ cases per year in some districts, which means they doesn’t have as much time for investigation and motion practice as private counsel would.

Timeline

Federal drug cases takes time, irregardless of how urgent you’re situation feels:

• Investigation phase: 6-18 months (before indictment)
• Indictment to arraignment: 1-3 weeks
• Arraignment to trial: 4-8 months (Speedy Trial Act allows up to 70 days, but continuances extends this)
• Sentencing after guilty verdict/plea: 2-4 months
• Appeal: 12-24 months additional

If you’re cooperating, the timeline gets even longer. The government might delays you’re sentencing for 12-18 months while you provides information and testifies in other cases. You’re essentially in limbo, not knowing what sentence you’ll ultimately receives until all the cooperation is complete.

And here’s what most defendants doesn’t understand: even after you’re sentenced, you doesn’t go home. You goes to federal prison to serve 85% of you’re sentence (federal inmates only gets 15% good time credit, not 50% like many state systems). There ain’t no parole in the federal system. If you’re sentenced to 10 years, you’re serving 8.5 years minimum, irregardless of you’re behavior in prison.

Trial vs. Plea Considerations

The decision to go to trial in a federal drug case is one of the most important decisions you’ll ever makes. Here’s the reality, based off federal conviction statistics:

• Federal trial conviction rate: 85-90%
• Average sentence after trial: 2-3 times higher than after guilty plea
• Acceptance of responsibility reduction: -2 to -3 levels (only available if you pleads guilty)

If you goes to trial and loses, you doesn’t get the acceptance of responsibility reduction, which alone can adds 6-12 months to you’re sentence. Plus, judges sometimes gives harsher sentences after trial because they believes you wasted the court’s time or lied on the witness stand.

But if the government’s case is weak—bad search, credibility issues with informants, no direct evidence linking you to the drugs—trial might be you’re best option, irregardless of the risks. You’re attorney has to gives you an honest assessment of the evidence and you’re chances at trial.

Between you and I, I seen many defendants who should of went to trial take plea deals out of fear, and I seen defendants who should of pled guilty go to trial and get destroyed. The key is honest communication with you’re lawyer about the strength of the evidence, the likely sentence under a plea vs. after trial, and you’re personal risk tolerance.

First Step Act & Retroactive Relief Opportunities

If you was sentenced before December 21, 2018 for a federal drug offense involving crack cocaine, you might be eligible for a sentence reduction under the First Step Act of 2018.

The First Step Act made two major changes:

1. Expanded safety valve eligibility from 1 or fewer criminal history points to 4 or fewer points (applies to new cases sentenced after December 21, 2018)
2. Made Fair Sentencing Act retroactive for crack cocaine offenses sentenced before August 3, 2010

Here’s what many defendants doesn’t know: this relief ain’t automatic. You has to file a motion under 18 USC § 3582(c)(1)(B) requesting a sentence reduction. The judge has discretion to grant or deny the motion based off the 18 USC § 3553(a) factors.

Eligible defendants includes anyone sentenced for crack cocaine offenses before the Fair Sentencing Act took effect, which reduced the sentencing disparity between crack and powder cocaine from 100:1 to 18:1.

I seen defendants who was serving 20-year sentences for crack offenses gets reductions to 12-15 years under First Step Act motions. But I also seen many defendants who doesn’t even know they’re eligible, because nobody told them, and they misses the opportunity entirely.

If you was sentenced before December 2018 for crack cocaine, you needs to contact a federal defense attorney immediately to evaluates whether you’re eligible for relief. There ain’t a strict deadline, but the longer you waits, the more time you serves that you might not has had to serve.

When You Needs a Federal Drug Defense Lawyer Right Now

If any of the following applies to you’re situation, you needs to contact a federal criminal defense attorney within 24 hours, irregardless of whether you been formally charged:

• Federal agents (FBI, DEA, ATF, HSI) has contacted you for questioning about drug activity
• You been arrested and the agents said they’re filing federal charges
• You received a target letter from a U.S. Attorney’s Office
• You’re aware of an ongoing investigation involving wiretaps, surveillance, or multiple controlled buys
• You been approached about cooperation by federal agents or prosecutors
• You’re named in a conspiracy with multiple co-defendants
• Someone died or was seriously injured from drugs you sold or provided

Here’s what you does RIGHT NOW if federal agents contacts you:

1. Say NOTHING without a lawyer present. Don’t explains. Don’t denies. Don’t tries to talk you’re way out of it. Just say: “I want to speak to a lawyer before I answers any questions.”
2. Don’t consents to any searches. If they asks to search you’re car, phone, home, or anything else, say: “I do not consent to a search.” If they has a warrant, they doesn’t need you’re consent anyway. If they doesn’t have a warrant, don’t give it to them.
3. Don’t talks to anyone about the case—not friends, not family, not cellmates if you’re arrested. Anything you says can be used against you, and prosecutors uses jailhouse informants all the time.
4. Contact a federal criminal defense attorney immediately. Federal cases moves fast once charges is filed. You needs someone who knows the federal system, the U.S. Attorney’s Office in you’re district, and the federal judges.

Between you and I, based off many, many cases I seen, the biggest mistake defendants makes is talking to federal agents without a lawyer, thinking they can explains the situation or talks they’re way out of trouble. You can’t. Anything you says will be used to builds the case against you. The agents already knows the answers to they’re questions—they’re testing you to see if you’ll lie or admit to the conduct.

Why You Needs Experienced Federal Counsel

Federal drug cases ain’t like state court. The rules is different. The prosecutors is more experienced. The sentences is longer. The stakes is higher. You needs an attorney who:

• Knows the Federal Sentencing Guidelines inside and out
• Has experience with suppression motions and Fourth Amendment law
• Understands drug quantity calculations and relevant conduct battles
• Can negotiates cooperation agreements and 5K1.1 departures
• Has relationships with federal prosecutors and judges in you’re district
• Has trial experience in federal court (not just state court)

At Spodek Law Group, we represents clients facing 21 USC 841 charges across the country. Todd Spodek and our team has defended drug distribution cases ranging from small-quantity street sales to multi-kilogram conspiracy prosecutions. We offers 24/7 availability for federal arrests and emergency consultations, because we knows federal cases doesn’t wait for business hours.

We doesn’t makes false promises. We doesn’t guarantees outcomes. What we does is fights—for suppression of illegally obtained evidence, for safety valve eligibility, for minor role reductions, for reasonable sentences that reflects you’re actual conduct rather then the government’s inflated version.

If your facing 21 USC 841 charges, irregardless of whether you thinks you’re guilty or innocent, you needs experienced federal defense counsel evaluating you’re case, you’re options, and you’re best path forward. The mandatory minimums is real. The Guidelines is real. The consequences is real. But so is you’re constitutional rights, and so is the government’s burden to prove every element beyond reasonable doubt.

Contact Spodek Law Group today for a confidential consultation. We’ll reviews the evidence, assesses you’re exposure, and explains you’re options—plea negotiations, cooperation, suppression motions, trial. You’re future is on the line. Don’t faces it alone.