Date: 09-12-2018

Case Style:

Case Number: 1:17-cr-00112-SM

Judge: Steven J. McAuliffe

Court: United States District Court for the District of New Hampshire (Merrimack County)

Plaintiff's Attorney: Anna Dronzek

Defendant's Attorney: Jeffrey S. Levin - FPD

Description: Concord, NH - Dalton Man Sentenced to Prison for Fentanyl Trafficking

Jared Peterson, 28, of Dalton was sentenced on Tuesday to serve five years in prison for possessing fentanyl with intent to distribute.

According to court documents and statements made in court, on March 18, 2017, after a drug investigation, law enforcement officers from the Franconia, Sugar Hill, and Littleton, New Hampshire police departments executed a search warrant at an apartment in Franconia. In that apartment, officers found approximately 48 grams of fentanyl. Peterson later admitted to law enforcement officers that for about a year he had been traveling regularly to Lawrence, Massachusetts to purchase fentanyl to sell in the area of Franconia, New Hampshire.

Peterson pleaded guilty on May 29, 2018.

“Fentanyl is a deadly drug that has damaged communities throughout the Granite State,” said U.S. Attorney Murray. “The U.S. Attorney’s Office works closely with all of our law enforcement partners to pursue federal drug trafficking charges against fentanyl dealers who are endangering our state by selling this dangerous substance.”

This matter was investigated by the Franconia Police Department, with assistance by the Sugar Hill and Littleton Police Departments.

Cahrge:

21 U.S.C. §§ 846, 841(a)and 841(b)(1)(B)(vi) Conspiracy to Distribute and to Possess with the Intent to Distribute Controlled Substances
(1)

21 U.S.C. §§ 841(a)(1) and (b)(1)(B)(vi) Possession with Intent to Distribute a Controlled Substance
(3)

§846. Additional powers of the Attorney General

(a) The Attorney General is authorized to inspect the site of any accident, or fire, in which there is reason to believe that explosive materials were involved, in order that if any such incident has been brought about by accidental means, precautions may be taken to prevent similar accidents from occurring. In order to carry out the purpose of this subsection, the Attorney General is authorized to enter into or upon any property where explosive materials have been used, are suspected of having been used, or have been found in an otherwise unauthorized location. Nothing in this chapter shall be construed as modifying or otherwise affecting in any way the investigative authority of any other Federal agency. In addition to any other investigatory authority they have with respect to violations of provisions of this chapter, the Federal Bureau of Investigation, together with the Bureau of Alcohol, Tobacco, Firearms, and Explosives, shall have authority to conduct investigations with respect to violations of subsection (d), (e), (f), (g), (h), or (i) of section 844 of this title.

(b) The Attorney General is authorized to establish a national repository of information on incidents involving arson and the suspected criminal misuse of explosives. All Federal agencies having information concerning such incidents shall report the information to the Attorney General pursuant to such regulations as deemed necessary to carry out the provisions of this subsection. The repository shall also contain information on incidents voluntarily reported to the Attorney General by State and local authorities.

§841. Definitions

As used in this chapter—

(a) “Person” means any individual, corporation, company, association, firm, partnership, society, or joint stock company.

(b) “Interstate” or foreign commerce means commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, and commerce between places within the same State but through any place outside of that State. “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone).

(c) “Explosive materials” means explosives, blasting agents, and detonators.

(d) Except for the purposes of subsections (d), (e), (f), (g), (h), (i), and (j) of section 844 of this title, “explosives” means any chemical compound mixture, or device, the primary or common purpose of which is to function by explosion; the term includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, and igniters. The Attorney General shall publish and revise at least annually in the Federal Register a list of these and any additional explosives which he determines to be within the coverage of this chapter. For the purposes of subsections (d), (e), (f), (g), (h), and (i) of section 844 of this title, the term “explosive” is defined in subsection (j) of such section 844.

(e) “Blasting agent” means any material or mixture, consisting of fuel and oxidizer, intended for blasting, not otherwise defined as an explosive: Provided, That the finished product, as mixed for use or shipment, cannot be detonated by means of a numbered 8 test blasting cap when unconfined.

(f) “Detonator” means any device containing a detonating charge that is used for initiating detonation in an explosive; the term includes, but is not limited to, electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses and detonating-cord delay connectors.

(g) “Importer” means any person engaged in the business of importing or bringing explosive materials into the United States for purposes of sale or distribution.

(h) “Manufacturer” means any person engaged in the business of manufacturing explosive materials for purposes of sale or distribution or for his own use.

(i) “Dealer” means any person engaged in the business of distributing explosive materials at wholesale or retail.

(j) “Permittee” means any user of explosives for a lawful purpose, who has obtained either a user permit or a limited permit under the provisions of this chapter.

(k) “Attorney General” means the Attorney General of the United States.

(l) “Crime punishable by imprisonment for a term exceeding one year” shall not mean (1) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices as the Attorney General may by regulation designate, or (2) any State offense (other than one involving a firearm or explosive) classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

(m) “Licensee” means any importer, manufacturer, or dealer licensed under the provisions of this chapter.

(n) “Distribute” means sell, issue, give, transfer, or otherwise dispose of.

(o) “Convention on the Marking of Plastic Explosives” means the Convention on the Marking of Plastic Explosives for the Purpose of Detection, Done at Montreal on 1 March 1991.

(p) “Detection agent” means any one of the substances specified in this subsection when introduced into a plastic explosive or formulated in such explosive as a part of the manufacturing process in such a manner as to achieve homogeneous distribution in the finished explosive, including—

(1) Ethylene glycol dinitrate (EGDN), C2H4(NO3)2, molecular weight 152, when the minimum concentration in the finished explosive is 0.2 percent by mass;

(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB), C6H12(NO2)2, molecular weight 176, when the minimum concentration in the finished explosive is 0.1 percent by mass;

(3) Para-Mononitrotoluene (p-MNT), C7H7NO2, molecular weight 137, when the minimum concentration in the finished explosive is 0.5 percent by mass;

(4) Ortho-Mononitrotoluene (o-MNT), C7H7NO2, molecular weight 137, when the minimum concentration in the finished explosive is 0.5 percent by mass; and

(5) any other substance in the concentration specified by the Attorney General, after consultation with the Secretary of State and the Secretary of Defense, that has been added to the table in part 2 of the Technical Annex to the Convention on the Marking of Plastic Explosives.

(q) “Plastic explosive” means an explosive material in flexible or elastic sheet form formulated with one or more high explosives which in their pure form has a vapor pressure less than 10^4 Pa at a temperature of 25°C., is formulated with a binder material, and is as a mixture malleable or flexible at normal room temperature.

(r) “Alien” means any person who is not a citizen or national of the United States.

(s) “Responsible person” means an individual who has the power to direct the management and policies of the applicant pertaining to explosive materials.

(t) Indian Tribe 1.—The term “Indian tribe” has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a)).2

Outcome: The defendant to be imprisoned for a total term of 60 months on each of Counts 1 and 3, all such terms to be served concurrently with court recommendations. Supervised Release for a term of 4 years on each of Counts 1 and 3, all such terms to run concurrently with mandatory, standard and special conditions. Special Assessment in the amount of $200.00 due immediately. Defendant shall self surrender for service of sentence at the institution designated by the Bureau of Prison on October 24, 2018.

09/11/2018 91 ACKNOWLEDGMENT of Sentencing Options by Jared M. Peterson. (lml) (Entered: 09/11/2018)
09/11/2018 92 Sentencing Letter/Impact Statement as to Jared M. Peterson. Author/Filing Party: David Laflamme. For instructions on how to view restricted electronic documents, click HERE. (Attachments: # 1 Letter of Support) (lml) (Entered: 09/11/2018)
09/11/2018 Minute Entry for proceedings held before Judge Steven J. McAuliffe: SENTENCING held on 9/11/2018 for Jared M. Peterson (1) Sentenced on Counts 1,3. Court sustains defendant's two objections to the PSR which resulted in a TOL of 21. Defendant moves to have the PSR amended to strike firearm; granted by the court. Fine waived due to inability to pay. Appeal rights to defendant. Defendant to self surrender to the institution designed by the BOP on October 24, 2018. (Court Reporter: Sandra Bailey) (Govt Atty: Anna Dronzek) (Defts Atty: Jeffrey Levin) (USP: Eric Gray)(Total Hearing Time: 15 min) (lml) (Entered: 09/11/2018)
09/11/2018 93 JUDGMENT as to Jared M. Peterson (1), Counts 1, 3: The defendant to be imprisoned for a total term of 60 months on each of Counts 1 and 3, all such terms to be served concurrently with court recommendations. Supervised Release for a term of 4 years on each of Counts 1 and 3, all such terms to run concurrently with mandatory, standard and special conditions. Special Assessment in the amount of $200.00 due immediately. Defendant shall self surrender for service of sentence at the institution designated by the Bureau of Prison on October 24, 2018. So Ordered by Judge Steven J. McAuliffe. (lml) (Entered: 09/11/2018)

Plaintiff's Experts:

Defendant's Experts:

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