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Description: Albany, New York criminal law lawyer represented Defendant charged with distributing heroin, possessing heroin with the intent to distribute, and possessing a firearm in furtherance of drug trafficking.
On four dates in September 2019, Brandon Prawl, age 28, from Schenectady, New York, distributed heroin out of a residence in Schenectady. On October 4, 2019, Prawl was found in possession of a .45 caliber pistol and loaded magazine, more than 21 grams of heroin, and drug distribution paraphernalia at the same residence. The jury concluded that Prawl possessed the heroin for distribution, and the firearm in furtherance of his drug trafficking activities.
Prawl faces at least 5 years and up to life in prison when he is sentenced by United States District Judge Glenn T. Suddaby on March 30, 2023. 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.
This case was investigated by the ATF and New York State Police, and is being prosecuted by Assistant United States Attorneys Ashlyn Miranda and Emmet O’Hanlon.
21:841A=CD.F - CONTROLLED SUBSTANCE - SELL, DISTRIBUTE, OR DISPENSE
(1-4)
(C) In the case of a controlled substance in schedule I or II, gamma hydroxybutyric acid (including when scheduled as an approved drug product for purposes of section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000), or 1 gram of flunitrazepam, except as provided in subparagraphs (A), (B), and (D), such person shall be sentenced to a term of imprisonment of not more than 20 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $1,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 30 years and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $2,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. Notwithstanding section 3583 of title 18, any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 3 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 6 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the provisions of this subparagraph which provide for a mandatory term of imprisonment if death or serious bodily injury results, nor shall a person so sentenced be eligible for parole during the term of such a sentence.
18:924C.F - VIOLENT CRIME/DRUGS/MACHINE GUN with forfeiture
(5)
(a)(1) Except as otherwise provided in this subsection, subsection (b), (c), (f), or (p) of this section, or in section 929, whoever—
(A) knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter or in applying for any license or exemption or relief from disability under the provisions of this chapter;
(B) knowingly violates subsection (a)(4), (f), (k), or (q) of section 922;
(C) knowingly imports or brings into the United States or any possession thereof any firearm or ammunition in violation of section 922(l); or
(D) willfully violates any other provision of this chapter,
shall be fined under this title, imprisoned not more than five years, or both.
21:841A=CD.F - CONTROLLED SUBSTANCE - SELL, DISTRIBUTE, OR DISPENSE
(6)
Outcome: Defendant was found guilty following a three day jury trial.
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