Author Topic: Distributing 1 ton of marijuna = life sentence?  (Read 8863 times)

Ryan in Maine

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Distributing 1 ton of marijuna = life sentence?
« on: January 23, 2008, 03:54:02 AM »
http://bangornews.com/news/t/aroostook.aspx?articleid=159250&zoneid=175

Smuggler given life sentence
By Judy Harrison
Wednesday, January 23, 2008 - Bangor Daily News

BANGOR, Maine  An Aroostook County man convicted on more than a dozen charges including drug smuggling, money laundering and Social Security fraud was sentenced Tuesday to life in federal prison.

Michael Pelletier, 56, of St. David also was ordered to repay the nearly $84,000 in Social Security payments he had received over a 30-year period and to forfeit the more than $4.8 million he earned from trafficking in marijuana. He also was ordered to forfeit three residential pieces of property, two cars, a tractor and more than $20,000 in cash.

Pelletier collected between $400 and $500 a month in disability payments because he has been confined to a wheelchair since he was injured in an accident at age 11.

"It is striking that you ran a sophisticated drug operation from your wheelchair," U.S. District Judge John Woodcock said Tuesday. "That makes the court wonder what you could have done if you had turned to legitimate endeavors."

Pelletier showed no emotion as he was sentenced and did not address the court.

It was his previous convictions in state court on drug trafficking charges and the amount of marijuana he distributed that earned Pelletier a life sentence. He was convicted in 2000 and 2001 in Aroostook County Superior Court on felony drug charges. Once the federal jury convicted him of conspiracy to possess marijuana with the intent to distribute more than a ton of marijuana, the mandatory life sentence took effect.

"It is not easy for any judge to impose a sentence of life," Woodcock told Pelletier. "It is a somber, grave and tragic judicial duty. I do so today because it is my duty to do so."

The Pelletier case appears to be the first time Woodcock has handed down a life sentence since he was appointed to the federal bench in 2003.

"The government truly does appreciate the gravity of the moment that is upon us," Assistant U.S. Attorney Joel Casey said in supporting the imposition of a life sentence. "The government takes no pleasure in sending a man to prison for life."

Pelletier, according to Casey, worked with members of the Canadian Hells Angels to bring marijuana across the border and distribute it throughout the state. He also recruited others into the drug trafficking ring, the prosecutor said.

Casey, however, saved his harshest criticism for Pelletiers collection of Social Security while he made millions of dollars selling drugs.

"The audacity of his asking the federal government for help while selling hundreds of pounds of marijuana," the prosecutor said. "He bilked the system and took money away from people who really needed it."

Casey said after the hearing that it was unlikely that Pelletier would be able to pay the restitution or the $4.8 million forfeiture. The money made from the sale of his properties and vehicles will go to support law enforcement efforts to curb drug trafficking, he said.

Pelletiers attorney, Matthew Erickson of Brewer, said the conviction and sentence would be appealed to the U.S. 1st Circuit Court of Appeals in Boston.

Erickson told the judge that his client suffers from "serious health problems that probably make a life sentence academic." The attorney said that the drug smuggling operation was "not very sophisticated."

Pelletier was convicted in July after a weeklong jury trial in U.S. District Court in Bangor. The jury of four men and eight women deliberated about 5? hours on the criminal charges and the forfeiture order before announcing its verdict.

His former girlfriend, Kendra Cyr, 44, of Madawaska, and Adam Hafford, 37 of Westfield, who was one of two men who swam the St. John River with more than 60 pounds of marijuana in duffel bags on his back, testified against Pelletier.

Both were granted immunity from prosecution on drug charges. Hafford is serving a 10-year federal sentence on a gun charge.

Pelletier was indicted in 2006 along with five others in connection with the drug smuggling ring. Pelletiers co-defendants are:

   
     ∙ Michael Easler, 28, of St. David, indicted for drug conspiracy, money laundering, bulk cash smuggling.
   
     ∙ Ben Dionne, 27, of St. David, indicted for drug conspiracy.
   
     ∙ John "Scooch" or "Scoochy" Pascuccui, 50, of Gorham, indicted for drug conspiracy.
   
     ∙ Anthony Caparotta, 42, of Caribou, indicted for drug conspiracy.
   
     ∙ Raymond "Rocky" Fogg, 54, of Winn, indicted for drug conspiracy and Social Security fraud.

Dionne, Pascuccui, Caparotta and Fogg are scheduled to be tried jointly in April in federal court in Bangor.

Easler was sentenced in August to 12 years and one month in federal prison after pleading guilty to the charges.

Archie Ladner, 42, of Easton, who was indicted separately, was found not guilty on drug charges last year by a federal jury. Ladner was accused of being Haffords driver.

Firethorn

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Re: Distributing 1 ton of marijuna = life sentence?
« Reply #1 on: January 23, 2008, 05:09:08 AM »
I have to say that a life sentence for smuggling weed, even tons of it, is a bit overboard.

He deserves jail time for the social security fraud.

Still, I'll make my usual statement:  We wouldn't have to worry about this stuff so much if it was legal.

Tecumseh

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Re: Distributing 1 ton of marijuna = life sentence?
« Reply #2 on: January 23, 2008, 06:01:32 AM »
I have to say that a life sentence for smuggling weed, even tons of it, is a bit overboard.

He deserves jail time for the social security fraud.

Still, I'll make my usual statement:  We wouldn't have to worry about this stuff so much if it was legal.
My thoughts as well.

I think the judge should realize that had he not sold the marijuana, he might not have had enough to live off of with social security.  Just legalize it.

coppertales

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Re: Distributing 1 ton of marijuna = life sentence?
« Reply #3 on: January 23, 2008, 11:25:05 AM »
It was the previous raps that did him in.  If this was his first bust, things might have been different.  He is obviously a career criminal...chris3

Brad Johnson

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Re: Distributing 1 ton of marijuna = life sentence?
« Reply #4 on: January 23, 2008, 11:33:28 AM »
Uh, guys.. re-read the post.  Notice the part about "mandatory".  The judge had no say in the matter.


Quote
Once the federal jury convicted him of conspiracy to possess marijuana with the intent to distribute more than a ton of marijuana, the mandatory life sentence took effect.


Brad
It's all about the pancakes, people.
"And he thought cops wouldn't chase... a STOLEN DONUT TRUCK???? That would be like Willie Nelson ignoring a pickup full of weed."
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Manedwolf

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Re: Distributing 1 ton of marijuna = life sentence?
« Reply #5 on: January 23, 2008, 11:36:11 AM »
Leaves don't weigh much. That's a HELL of a lot of pot. I think under sentencing guidelines, he became a cartel?

ilbob

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Re: Distributing 1 ton of marijuna = life sentence?
« Reply #6 on: January 23, 2008, 11:37:07 AM »
It was the previous raps that did him in.  If this was his first bust, things might have been different.  He is obviously a career criminal...chris3

Pelletier, according to Casey, worked with members of the Canadian Hells Angels to bring marijuana across the border and distribute it throughout the state. He also recruited others into the drug trafficking ring, the prosecutor said.

Life long criminal, Hells Angels. Recruiter of other criminals. life sentence sounds about right. You do the crime, you do the time. He was no stranger to the criminal justice system and no doubt knew the potential consequences of his crimes.
bob

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Headless Thompson Gunner

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Re: Distributing 1 ton of marijuna = life sentence?
« Reply #7 on: January 23, 2008, 04:05:51 PM »
Leave don't weigh much. That's a HELL of a lot of pot. I think under sentencing guidelines, he became a cartel?
Yeah, one ton of plant leaves has to be a mountain. 

If you push that much weed you have to expect that they're going to put you away for a very long time.

I think the judge should realize that had he not sold the marijuana, he might not have had enough to live off of with social security.  Just legalize it.
He had to sell a mountain of weed just because his social security wasn't enough?  Gimme a break.

Maybe he shoulda, you know, earned a legitimate living so that he could take care of himself.

Chalk me up as having zero sympathy for this guy.

cassandra and sara's daddy

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Re: Distributing 1 ton of marijuna = life sentence?
« Reply #8 on: January 23, 2008, 04:16:41 PM »
career criminal   don't do crime if you can't do time.
it is possible that while working with the angels all he sold was weed, but i wouldn't bet on it

De Selby

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Re: Distributing 1 ton of marijuna = life sentence?
« Reply #9 on: January 23, 2008, 04:31:23 PM »
Welcome to the Federal Sentencing Guidelines folks-there is no such thing as a "light federal sentence."

The trick is to not commit crimes against the Federal government.  But if you do, the Feds have responded loud and clear to the public demand that they not be soft on crime, and the result is that you face stiff penalties.

Personally I think it's a good system, but sometimes the results are draconian-like that guy a couple years back who got a mandatory 50 years for ten counts of dealing weed. Cost of doing business, I guess.
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HankB

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Re: Distributing 1 ton of marijuna = life sentence?
« Reply #10 on: January 24, 2008, 03:35:01 AM »
Quote
He also was ordered to forfeit three residential pieces of property, two cars, a tractor and more than $20,000 in cash.

Pelletier collected between $400 and $500 a month in disability payments because he has been confined to a wheelchair since he was injured in an accident at age 11.
Maybe someone got to wondering how he could afford three residences, two cars, and a tractor on $500 a month.

I'm SURE he's going to inform the authorities of any assets he may have hidden away so he can satisfy the financial parts of the judgement.  rolleyes
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Firethorn

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Re: Distributing 1 ton of marijuna = life sentence?
« Reply #11 on: January 24, 2008, 04:54:09 AM »
Maybe he shoulda, you know, earned a legitimate living so that he could take care of himself.

Chalk me up as having zero sympathy for this guy.

While his being disabled and the length of the sentence made it make the news, I figure he was making an illegitimate living because that made him the most money, at least for a while.

If we legalized drugs, we'd shrink the black market*, he wouldn't have been able to make millions illegally by selling weed and would have likely found a legitimate job to make what he could.  Used Car salesman, perhaps?   rolleyes

*There'd still be some black market for stuff I'm not about to legalize, like slavery.

Ryan in Maine

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Re: Distributing 1 ton of marijuna = life sentence?
« Reply #12 on: January 24, 2008, 11:45:04 AM »
I just can't believe a life sentence would get handed out for a non-violent criminal.

Brad Johnson

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Re: Distributing 1 ton of marijuna = life sentence?
« Reply #13 on: January 24, 2008, 12:35:49 PM »
I just can't believe a life sentence would get handed out for a career non-violent criminal convicted on felony drug charges twice prior, and who continued smuggling a controlled substance even though he was fully aware that another conviction put him at risk for a life sentence.

There, fixed it for you.

Brad
It's all about the pancakes, people.
"And he thought cops wouldn't chase... a STOLEN DONUT TRUCK???? That would be like Willie Nelson ignoring a pickup full of weed."
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Tecumseh

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Re: Distributing 1 ton of marijuna = life sentence?
« Reply #14 on: January 25, 2008, 07:08:19 AM »
Because if I had to live off of $400-$500 a month for the rest of my life, I would look for some way of making money.  I thought the government took responsibility for people who were unable to help themselves?  If it was either live off a pathetic fixed income, which is less than I made when I worked for a summer at McDonalds, or sell weed and enjoy life.  Basically the man pulled himself out of poverty by the only real means he had.  Great idea, lets punish a crippled man for trying to enjoy his life.

Brad Johnson

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Re: Distributing 1 ton of marijuna = life sentence?
« Reply #15 on: January 25, 2008, 08:08:35 AM »
Quote
Great idea, lets punish a crippled man for trying to enjoy his life a career criminal for knowingly comitting his third federal offense.

There.  Fixed it for you.

Brad
It's all about the pancakes, people.
"And he thought cops wouldn't chase... a STOLEN DONUT TRUCK???? That would be like Willie Nelson ignoring a pickup full of weed."
-HankB

Ryan in Maine

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Re: Distributing 1 ton of marijuna = life sentence?
« Reply #16 on: January 26, 2008, 05:57:49 AM »
*Flings rubber band at Brad*

Brad Johnson

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Re: Distributing 1 ton of marijuna = life sentence?
« Reply #17 on: January 26, 2008, 10:01:31 AM »
*Flings rubber band hundred dollar bills at Brad*

There.  Fixed it for you.

 grin

Brad
It's all about the pancakes, people.
"And he thought cops wouldn't chase... a STOLEN DONUT TRUCK???? That would be like Willie Nelson ignoring a pickup full of weed."
-HankB

K Frame

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Re: Distributing 1 ton of marijuna = life sentence?
« Reply #18 on: January 26, 2008, 10:04:28 AM »
*Flings rubber band hundred dollar bills heavy bricks dipped in dog poo at Brad*

There.  Fixed it for you.

 grin

Brad

Wow. Can't believe how much fixing that needed before it finally got right...
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Brad Johnson

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Re: Distributing 1 ton of marijuna = life sentence?
« Reply #19 on: January 26, 2008, 11:06:48 AM »
stomp stomp Stomp STOMP...  *THWAP!!*  STOMP Stomp stomp stomp...

 grin

Brad
It's all about the pancakes, people.
"And he thought cops wouldn't chase... a STOLEN DONUT TRUCK???? That would be like Willie Nelson ignoring a pickup full of weed."
-HankB

wooderson

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Re: Distributing 1 ton of marijuna = life sentence?
« Reply #20 on: January 26, 2008, 11:56:00 AM »
The man is a hero!

Wait, no, I mean - weed bad. Bad weed. Baaaaaad.
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WeedWhacker

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Re: Distributing 1 ton of marijuna = life sentence?
« Reply #21 on: February 02, 2008, 03:37:49 PM »
I just can't believe a life sentence would get handed out for a career non-violent criminal convicted on felony drug charges twice prior, and who continued smuggling a controlled substance even though he was fully aware that another conviction put him at risk for a life sentence.

There, fixed it for you.

Brad

Careful with them felonies, they're not what they used to be, back in the old days.

I'm due for a five-year sentence for a federal felony, myself. I buy video games at the store, take them home, then download "no CD" patches so I can play the game I bought without putting one of the fifty CDs scattered around my desk in the drive every time I fire up the 'ol gaming rig.

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Bogie

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Re: Distributing 1 ton of marijuna = life sentence?
« Reply #22 on: February 02, 2008, 03:46:15 PM »
If he was an HA (and they don't like to do large business with outsiders), or he was closely involved enough with the HAs that he was moving that kind of weight, he has a violent past.
 
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Tuco

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Re: Distributing 1 ton of marijuna = life sentence?
« Reply #23 on: February 04, 2008, 04:34:45 PM »
Leaves don't weigh much. That's a HELL of a lot of pot.

Makes my eyes red just thinking about it.
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Tecumseh

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Re: Distributing 1 ton of marijuna = life sentence?
« Reply #24 on: February 04, 2008, 05:53:36 PM »
If he was an HA (and they don't like to do large business with outsiders), or he was closely involved enough with the HAs that he was moving that kind of weight, he has a violent past.
  It said that he worked with members of the Canadian Hells Angels (and they like to do large business with outsiders as it protects them in a lot of ways) and he was moving that much weight it is unlikely he has a violent past.  Most likely he was letting them do the violent acts associated with the business.  He was probably letting them do the distribution to the street where as he distributed to them.  But hey, lets punish him because he sold a product that some people disagree with.