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Description: Syracuse, New York criminal law lawyer represented Defendant charged with possession with intent to distribute cocaine and cocaine base, possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm by a convicted felon.

James Mack, age 39, used his Honda Accord as a stash location for his drug trafficking operation. During a search of the defendant’s Accord in Syracuse on February 12, 2020, Syracuse Police Detectives located a hidden compartment (or “trap”) in the dashboard. From the trap, Detectives recovered over 400 grams of cocaine, over 100 grams of cocaine base, and a loaded .38 caliber revolver.

The charges of which the defendant was convicted carry a mandatory minimum term of imprisonment of 15 years and maximum of life, a fine of up to $8,000,000.00, and a term of supervised release of at least 8 years following the defendant’s release from incarceration. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Sentencing is scheduled for March 16, 2023, in Utica, New York.

This case is being investigated by the U.S. Drug Enforcement Administration (DEA), the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the Syracuse Police Department-Special Investigations Division (SPD-SID). The case is being prosecuted by Assistant U.S. Attorneys Adrian LaRochelle and Jessica Carbone as part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

21:841A1=MP.F - Possession with Intent to Distribute Controlled Substances.
(1)
18:924C.F - Possession of a Firearm in Furtherance of a Drug Trafficking Crime
(2)
18:922G.F -Felon in Possession of a Firearm plus Forfeiture Allegation
(3)

Outcome: 10/21/2022 TEXT Minute Entry for proceedings held before Judge David N. Hurd in Utica, NY. Jury Trial as to James Mack held on 10/21/2022. 9:30am: Jury commences deliberations. 11:16am: Jury Note No. 1 marked Court Exhibit No. 6. 12:05pm. Court in Session. Jury Enters Court. Judge Hurd reviews Jury Note No. 1 and directs read back of pertinent portions of testimony. 12:50pm. Jury Exits Court. 1:24pm. JURY VERDICT (Court Exhibit No. 5): 2:00pm: Jury Enters Court. Clerk takes Jury Verdict. Jury finds that Defendant James Mack is GUILTY as to Counts 1-3 of Indictment, 5:20-CR-182. Defendant James Mack declines to poll the jury. Verdict Form is handed up and Jury Verdict is accepted by the Court. Judge Hurd discharges Jury with the thanks of the Court. 2:15pm: Jury Exits Court. Judge Hurd sets deadlines for Motion for Judgment of Acquittal, to be filed by November 4, 2022, response by November 11, 2022, and a reply, if any, by November 18, 2022 with any motions filed to be made returnable as directed by the Court. Presentence Investigation is ordered and a tentative sentencing date is set for Thursday, March 16, 2023 at 11:00am in Utica, New York. Defendant is ordered remanded to the custody of the USMS pending sentencing. 2:35pm. Court Adjourned. Appearances: Adrian LaRochelle, AUSA and Jessica N. Carbone, AUSA for Government; Cory A. Zennamo, Esq. for Defendant James Mack (9:30am - 2:35pm) (Court Reporter Lisa Mazzei) (ptm) (Entered: 10/21/2022)
10/21/2022 77 JURY VERDICT FORM - REDACTED as to James Mack (1) Guilty on Count 1,2,3. (ptm) (Entered: 10/21/2022)
10/21/2022 78 Jury Notes 1, 2 (REDACTED) as to James Mack. (Attachments: # 1 Jury Note No. 2)(ptm) (Entered: 10/21/2022)
10/21/2022 79 Court's Jury Instructions at Trial as to James Mack. Court No. 1, Preliminary Instructions; (Attachments: # 1 Court No. 2, Redacted Indictment, # 2 Court No. 3, Limiting Instruction as to Witness Mark Mills, # 3 Court No. 4, Final Instructions) (ptm) (Entered: 10/21/2022)
10/21/2022 80 GUIDELINE ORDER as to James Mack. Sentencing set for 3/16/2023 11:00 AM in Utica before Judge David N. Hurd. Government and Defendant Sentencing Memo Deadline 2/23/2023. Signed by Judge David N. Hurd on 10/21/2022. (ptm) (Entered: 10/21/2022)
10/21/2022 81 EXHIBIT LIST AT TRIAL by USA as to James Mack (ptm) (Entered: 10/21/2022)

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