Federal Drug Conspiracy Charges in Colorado: Skilled Legal Defense

Being in the wrong place at the wrong time can have life-altering consequences, especially when federal drug conspiracy charges are involved. Imagine this: you’re running errands with a friend who asks you to make a quick detour. You agree. Minutes later, you are at a known drug location, watching your friend disappear into a building as a police car cruises by. Your heart begins to race, and you wonder what would happen if there were a raid. Would you be charged as an accomplice? 

The truth is that under federal law, a prosecutor with sufficient evidence could indict you on federal drug conspiracy charges. These charges carry severe penalties and are hard to fight without the expertise of an experienced and successful Federal drug conspiracy attorney in Colorado. 

A drug conspiracy occurs when two or more people agree to violate federal drug laws, even if the plan doesn’t pan out. The agreement is the crime. Under Federal drug conspiracy law (and unlike general Federal conspiracy law under 18 U.S.C. 371), no “overt act” is required. An “agreement” with “intent” is sufficient to establish a Federal drug conspiracy.

However, in actual practice, the Government will tend to attempt to prove non-essential overt acts if their case relies heavily on circumstantial evidence in an attempt to secure a conviction when they lack sufficient explicit (direct) evidence of a Federal drug conspiracy.

Federal Drug Conspiracy Requirements (21 U.S.C. § 846)

Federal prosecutors only need to establish three elements:

1. An agreement or shared understanding to violate Federal drug laws existed (proof of which, it was either explicit or implied by words and action,s is enough to establish an agreement or shared understanding); 

2. You (and at least one other person) had actual or substantial constructive knowledge of the unlawful agreement to violate Federal drug laws; and

3. Your participation in the unlawful agreement to violate Federal drug laws with another was knowing, voluntary, and intended to help accomplish the unlawful purpose.  

Seemingly harmless steps taken to promote the conspiracy, such as taking your friend to ‘run an errand,’ can lead to drug conspiracy charges. Federal prosecutors often use a combination of explicit (direct) and circumstantial evidence to support their case.

Moreover, what makes a Federal drug conspiracy case so daunting is that individuals charged in a Federal drug conspiracy can be held accountable and liable for the actions of co-conspirators (even unknown co-conspirators!).  

Finally, a person can be charged with and convicted of a Federal drug conspiracy crime even if the crime never actually occurred or was attempted but never completed, so long as the Government can prove the three elements above beyond a reasonable doubt.  

Explicit (Direct) Evidence

Direct evidence helps prosecutors prove the elements of a drug conspiracy without requiring inference. Examples include: 

• Audio/video recordings - discussions about the conspiracy’s plans

• Eyewitness testimony - accounts from people with direct knowledge, including bystanders and co-conspirators 

• Admissions - the defendant’s own statements acknowledging involvement (e.g., recorded calls, text messages, interrogations)

• Written agreements - texts, emails, and other papers outlining the plans

Circumstantial Evidence

When prosecutors have little to no direct evidence, they rely on patterns and behaviors, circumstantial evidence, to prove your involvement:

• Associations - regular contact with known drug dealers and time spent in locations where they operate

• Repeat drug purchases/sales - a pattern of drug transactions

• Large drug quantities - possession beyond personal use, indicating intent to distribute

• Regular transactions and set payment methods - evidence of an ongoing drug operation

• Buyer/seller trust - established relationships between those involved in drug sales

• Evasive tactics - attempts to conceal information and use of coded language

• Financial transactions - large cash deposits and frequent money transfers

A combination of direct and circumstantial evidence can be enough to implicate an individual in a federal drug conspiracy case.

The case of United States v. Corbett illustrates how an agreement can form the basis for a federal drug conspiracy charge. In 2014, Maine law enforcement made controlled buys of oxycodone pills from two local drug dealers who identified Damien Corbett as their supplier. When one dealer wore a wire during a meeting with Corbett, the recorded conversation about “fronted” pills and future sales provided evidence of an agreement. 

The Result: Corbett was found guilty of conspiracy to distribute and possession with intent to distribute and sentenced to more than eight years in prison. His appeals were unsuccessful. 

Conspiracy charges are often extensive, encompassing a wide range of activities. Federal prosecutors often attempt to connect individuals to broader operations by alleging involvement in: 

1. Manufacturing - Any action taken to produce, process, prepare, or extract a controlled substance  

2. Distribution - Delivering a drug to someone  

3. Possession with intent to distribute - Different from simply possessing illegal drugs, this action is treated the same as if they distributed the drugs 21 U.S.C. § 841

The potential penalties for drug conspiracy charges are severe and determined by:

• The type and volume of the drug 

• The defendant’s role in the conspiracy

• Whether aggravating factors apply

In the U.S., the Drug Enforcement Administration (DEA) categorizes drugs on five schedules per the Controlled Substances Act (CSA). 

The schedules range from I to V, with the first representing the highest potential for abuse and no accepted medical uses to the lowest with common medical uses. 21 U.S.C. § 811 

The government treats plans or attempts to commit a federal drug crime the same as if the crime had been carried out. 21 U.S.C. § 846 The length of the sentence depends on the type and quantity of drugs involved. 

Heroin - Schedule I

• No Quantity Specified: Up to 20 years

• 100+ grams: Mandatory five to 40 years 

• 1+ kilogram: Mandatory 10 years to life

Marijuana - Schedule I

While legal in Colorado for over a decade, it is still classified as a Schedule I substance by the DEA. 

• No quantity specified: Up to 20 years

• 100+ kilograms: Mandatory five to 40 years

• 1,000+ kilograms: Mandatory 10 years to life

Methamphetamine - Schedule II

• No Quantity Specified: Up to 20 years

• Five+ Grams: Mandatory five to 40 years

• 50+ Grams: Mandatory 10 years to life

Cocaine and Crack Cocaine - Schedule II 

• No Quantity Specified: up to 20 years

• 500+ Grams cocaine/28+ Grams crack Cocaine: Mandatory five to 40 years

• Five Kilograms+ cocaine/280+ Grams crack Cocaine: Mandatory 10 years to life

Fentanyl - Schedule II  

• No Quantity Specified: up to 20 years

• 40+ Grams of a Mixture Containing Detectable Fentanyl: Mandatory five to 40 years

• 400+ Grams of a Mixture Containing Detectable Fentanyl: Mandatory 10 years to life

Your role and level of involvement will affect your sentencing. Prosecutors will attempt to establish the highest possible level of involvement. Common roles include: 

Aggravating Roles (Higher Culpability)

• Suppliers - often have the highest level of responsibility

• Leaders or Organizers - increased penalties in operations with five or more participants or was otherwise extensive

• Couriers - transport drugs; sentence enhancer if linked to violence

Mitigating Roles (Lower Culpability)

• Middlemen - facilitate buyer/seller transactions

• Buyers - distribute drugs to other dealers

• Facilitators - drivers or lookouts

• Enforcers - protects conspiracy’s operations

• Being substantially less culpable than the average participant

While drug type, quantity, and role in the conspiracy determine the length of a sentence, aggregating factors, or enhancements, can dramatically increase its severity. These circumstances indicate a higher level of culpability or harm. Examples of aggravating factors might include: 

• Using violence or threats

• Drug imports/exports

• Distribution in a prison

• Misrepresenting or marketing drugs illegally

• Environmental offenses (e.g., meth labs)

• Harm to minor(s)

• Possessing a weapon

• Exploiting vulnerable individuals U.S.S.G. § 2D1.1

• Prior felony drug convictions

• Death or serious bodily injury

Although the scope of what constitutes a drug conspiracy is broad, there are proven defenses we can use to represent someone charged in court. 

Common defense strategies include:

1. There was no agreement - This defense asserts that the government cannot prove that a conspiracy ever existed. 

2. No awareness of agreement - In order to intentionally join in on a conspiracy, you have to first know about it. 

3. Charged with wrong conspiracy - The court mixes up the details of the case, ex. the type of drug central to the conspiracy makes this a possibly good defense.

4. Withdrew from or abandoned the conspiracy - If we can demonstrate you were proactive by informing co-conspirators you withdrew before the conspiracy was complete, we can use this as a defense. We also may be able to argue that you took steps to prevent the conspiracy from occuring by notifying law enforcement. 

5. Law enforcement entrapped you - If law enforcement convinces you to commit a crime you wouldn’t have normally committed by threatening, harassing, or pressuring them to sell illegal drugs, it may be entrapment. 

6. Illegal search or interrogation - If law enforcement worked without a search warrant or failed to advise you of your Miranda rights, we can ask the court to strike unlawfully seized evidence

Cases involving federal drug conspiracy charges are incredibly high-stakes and are notoriously difficult to fight without the help of a seasoned criminal defense attorney. Thus, early legal intervention is critical, as it allows you to start building a strong defense right away, enabling you to navigate the complex federal legal system effectively. 

Here’s how getting an attorney involved early can significantly alter your case’s outcome: 

• Interpreting complex charges - An attorney can skillfully interpret the broad definition of what constitutes a conspiracy, allowing them to challenge the prosecution’s claims from the very beginning. 

• Mitigating stiff penalties - Your attorney can influence how the court perceives your role in the alleged conspiracy, challenging any aggregating factor claims that might lead to harsher penalties. 

• Crafting a strategic defense - Early involvement means timely development and deployment of proven defenses against drug conspiracy charges, ensuring they align with all available direct and circumstantial evidence. 

Successfully defending against federal drug conspiracy charges requires special knowledge of federal cases that many law firms simply don’t possess. Federal courts operate under a unique set of rules, procedures, and sentencing guidelines that differ significantly from state courts. This specialized environment demands attorneys with specific expertise. 

Our federal criminal defense team at Robinson & Henry understands: 

• Prosecutorial strategies and how to counter them: We know the tactics federal prosecutors use to obtain convictions and develop proactive strategies that nullify theirs. 

• Plea negotiation tactics that obtain favorable outcomes: Our experience with federal plea bargaining allows us to pursue the best possible resolutions, potentially avoiding trial altogether.

• Trial experience when cases go to court: Should your case proceed to trial, you’ll have a team with extensive federal courtroom experience on your side, ready to vigorously defend you. 

• Federal sentencing guidelines and how to minimize penalties: We are well-versed in federal sentencing guidelines and will work tirelessly to mitigate potential penalties to secure the most lenient outcome possible. 

• “Safety Valve Relief” and “Substantial Assistance” sentencing reductions:  We understand the severe nature of Federal sentencing guidelines and ways to avoid them to include seeking “safety valve relief” or getting the Government to file a 5K1.1 “substantial assistance” motion which can result in someone facing a mandatory minimum sentence of 10 years to 25 years being actually sentenced to “time served” (even if they never spent a day in prison!) and walking out the back of the courtroom door with their Robinson & Henry attorney post-sentencing.  

Simply put, Robinson & Henry approaches federal drug conspiracy defenses with aggressive advocacy and strategic insight to achieve the best resolution in your case. 

Our federal drug criminal defense attorneys understand that prosecutors often go after low-level conspirators to obtain convictions in drug conspiracy cases. If you’re facing federal drug conspiracy charges, a shrewd criminal defense attorney will give you a fighting chance to have your federal drug conspiracy case dismissed. Call 303-688-0944 to begin your case assessment.