United States of America v. Brandon Prawl

Syracuse, New York criminal defense lawyer represented the Defendant charged with possession and distribution of drugs.



Defendant-Appellant Brandon Prawl appeals a judgment of the United States District Court for the Northern District of New York (Suddaby, J.), entered March 31, 2023, convicting him after trial of distribution of heroin in violation of 21 U.S.C. § 841(b)(1)(C) Counts 1-4), possession of a firearm in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1)(A) (Count 5), and possession with intent to distribute heroin in violation of 21 U.S.C.No. 23-6313(L)

§ 841(b)(1)(C) (Count 6). On appeal, Prawl does not contest his substantive drug distribution and drug possession convictions in Counts 1-4 and 6. He confines his argument to Count 5. He first argues that the evidence was insufficient. Next, he argues that the district court and government constructively amended the indictment, in violation of the Fifth Amendment, by causing the jury to convict him of gun possession in furtherance of a different drug trafficking offense than the one specified in the indictment in Count 5.

Defendant is sentenced to a term of imprisonment of 24 months on each of Counts 1-4 and Count 6, to run concurrently, and 60 months on Count 5, consecutive to Counts 1-4 and 6, for a total term of imprisonment of 84 months. The Court recommends that the Defendant participate in substance abuse treatment while incarcerated with the BOP. Upon the defendant's release from imprisonment, a term of supervised release of 3 years on each of Counts 1-6, terms to run concurrently, with with standard and special conditions of supervision is imposed. Special Assessment in the amount of $600.00 imposed and due immediately. Defendant shall forfeiture to the U.S. the property outlined in the Preliminary Order of Forfeiture. No fine imposed. Defendant is remanded to the custody of the USMS.



Affirmed