United States of America v. Staling Dotel-Sena

New York, New York criminal defense lawyer represented the Defendant charged with distribution of narcotics in violaton of 21 U.S.C. 1983



"Violation of 18 U.S.C. 841, the federal drug distribution law, is a serious crime that can result in significant penalties. To establish a violation of this law, the prosecution must prove the following elements:



The defendant knowingly or intentionally manufactured, distributed, or dispensed a controlled substance.

The defendant possessed the controlled substance with the intent to manufacture, distribute, or dispense it.



The definition of a controlled substance is broad and includes a wide variety of drugs, including marijuana, cocaine, heroin, and methamphetamine. The amount of the drug involved in the offense will also affect the potential penalties.



The penalties for violating 18 U.S.C. 841 vary depending on the type of drug involved, the amount of the drug, and the defendant's prior criminal record. For example, the first offense for distributing a small amount of marijuana is a misdemeanor punishable by up to one year in prison. However, the first offense for distributing a large amount of heroin is a felony punishable by up to 20 years in prison.



If the defendant has a prior conviction for a drug offense, the penalties for violating 18 U.S.C. 841 are increased. For example, the second offense for distributing a small amount of marijuana is a felony punishable by up to five years in prison.



In addition to prison time, defendants who are convicted of violating 18 U.S.C. 841 may also be fined and placed on probation or supervised release.



If you have been charged with violating 18 U.S.C. 841, it is important to contact an experienced criminal defense attorney immediately. An attorney can help you understand your rights and develop a defense strategy."



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Defendant was sentenced to 50 months in prison, followed by 3 years of supercised release.