United States of America v. William D. Spears

Winnebago, Illinois, criminal defense lawyer represented the Defendant charged with trafficking cocaine and illegally possessing a loaded firearm.

William Spears, age 68 was arrested in June 2024 following a 4-month narcotics investigation. At the time of his arrest, Spears was in possession of three and a half grams of cocaine, which he had been planning to sell to another person. Following his arrest, law enforcement searched Spears’s residence and a storage unit he rented and discovered approximately 700 grams of cocaine, $17,000 in cash, and a loaded handgun.

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Federal drug trafficking is governed primarily by Title 21, Section 841 of the United States Code under the Controlled Substances Act.

Core Definition

Under 21 U.S. Code Section 841, it is illegal for any person to knowingly or intentionally:

• Manufacture, distribute, or dispense a controlled substance

• Possess a controlled substance with the intent to manufacture, distribute, or dispense it

Key Federal Statutes

• 21 USC § 848 (Continuing Criminal Enterprise): Known as the "Drug Kingpin Statute," it targets leaders of major drug organizations, carrying a mandatory minimum of 20 years to life in prison (and potential death penalty or mandatory life in specific cases).

• 21 USC § 856 (Maintaining a Drug-Involved Premises): Known as the "Crack House Statute," it imposes up to 20 years in prison for opening, renting, leasing, or managing a space used for manufacturing or distributing drugs.

• 18 USC § 1952 (Travel Act): Outlaws using interstate travel, the mail, or communication lines (like the internet or phones) to promote or facilitate drug trafficking, carrying up to 5 years in prison.

Penalties

Penalties depend on the type of drug (categorized by DEA Drug Schedules), the quantity involved, and the offender's criminal record:

• Schedules I and II (e.g., Fentanyl, Heroin, Cocaine, Methamphetamine):

• First Offense: Usually 5 to 40 years or up to life in prison, with multi-million dollar individual fines. If death or serious bodily injury results, the mandatory minimum jumps to 20 years up to life.

• Second Offense: 20 years to life imprisonment (or mandatory life if death or serious injury occurs).

• Schedules III, IV, and V: Carry lower maximum prison terms scaling down based on the specific schedule classification.

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Federal law under the Gun Control Act of 1968 (codified at 18 U.S.C. § 922) prohibits specific categories of people from shipping, transporting, receiving, or possessing firearms or ammunition, and outlines restrictions on firearm types, transfers, and locations.

Prohibited Persons

Under 18 U.S.C. § 922(g), it is illegal for the following individuals to possess a firearm or ammunition:

• Convicted felons (or anyone convicted of a crime punishable by imprisonment for more than one year)

• Fugitives from justice

• Unlawful users of or people addicted to any controlled substance

• Individuals adjudicated as a mental defective or committed to a mental institution

• Illegal aliens or non-immigrant aliens

• Individuals discharged from the Armed Forces under dishonorable conditions

• Individuals who have renounced their U.S. citizenship

• Subjects of a qualifying domestic restraining order

• Individuals convicted of a misdemeanor crime of domestic violence (the Lautenberg Amendment, 18 U.S.C. § 922(g)(9))

Types of Possession

Federal law defines possession as either actual or constructive:

• Actual Possession: Having physical, direct control of the firearm (such as holding it or carrying it in a waistband or bag).

• Constructive Possession: Having knowledge of a firearm and the power and intention to exercise control over it, even if it is not physically on your person (such as a gun kept in a personal vehicle or bedroom closet).

Prohibited Weapons and Locations

• Prohibited / Regulated Weapons: Strict federal controls and criminal penalties apply to machine guns, silencers, sawed-off shotguns, destructive devices, and firearms with altered or obliterated serial numbers under the Quick Reference to Federal Firearms Laws.

• Federal Facilities: Carrying or possessing a firearm in federal facilities or federal court facilities is restricted under 18 U.S.C. § 930, carrying penalties ranging from fines and 1 year in prison up to 5 years if there is intent to commit a crime.

• School Zones: Possessing or discharging a firearm in a school zone is restricted under the Gun-Free School Zones Act.

Penalties

Violations of federal firearm possession and trafficking laws (such as 18 U.S.C. § 922(g)) typically carry felony penalties ranging from 10 to 15+ years in federal prison, depending on the specific offense, prior criminal history, or involvement in drug trafficking or violent crimes. According to data tracked by the United States Sentencing Commission, the vast majority of prosecutions under § 922(g) involve prior felony convictions.

The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of: 188 months as to count 3 and 180 months as to count 5. Terms to run concurrent. The defendant is remanded to the custody of the United States Marshal. Upon release from imprisonment, you shall be on supervised release for a term of: four (4) years as to count 3 and three (3) years as to count 5. Terms to run concurrent. Mandatory Conditions of Supervised Release. Discretionary Conditions of Supervised Release. Special Conditions of Supervised Release. Criminal monetary penalties. Schedule of payments. Preliminary Order of Forfeiture.