Federal Drug Conspiracy, Phone Counts & Continuing Criminal Enterprise

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. He has defended people in tax fraud, bank fraud, wire fraud, drug-trafficking, and money-laundering cases. Our office answers 24 hours a day.

Conspiracy (21 U.S.C. §§ 846 and 963)

A drug conspiracy carries the same penalties as the crime that was its goal (§ 846 for distribution, § 963 for importation).

What the government must prove (11th Cir. Pattern Instr. O100; see our Elements page): two or more people agreed to try to accomplish a shared, unlawful plan to distribute, possess with intent to distribute, or import a controlled substance; and you knew the plan's unlawful purpose and willfully joined it. Under the instruction, simply being present or associating with certain people does not prove a conspiracy. If a quantity is charged, the jury must find the weight attributable to you: the amount that was reasonably foreseeable to you.

Drug Weight and Mandatory Minimums (21 U.S.C. § 841(b))

The HALT Fentanyl Act added fentanyl-related substances to the analogue thresholds, effective July 16, 2025.

If death or serious bodily injury results, the minimum is 20 years. A prior "serious drug felony" or "serious violent felony" raises the minimum to 15 years (top tier) or 10 years (lower tier), and two or more priors at the top tier mean 25 years. Probation is not allowed. Below these weights, most Schedule I and II drugs carry up to 20 years with no minimum.

Phone Counts (21 U.S.C. § 843(b))

Using a phone, text, email, or any other "communication facility" to commit or help commit a federal drug felony is a separate crime; each use is a separate offense, with up to 4 years each (8 with a qualifying prior). Elements (O99; Elements page): you used a communication facility; you used it while committing or helping commit the drug crime charged; and you acted knowingly and intentionally.

Continuing Criminal Enterprise (21 U.S.C. § 848)

Elements (O102.1; Elements page): you committed the drug felonies charged; they were part of a continuing series of violations (at least three related violations, and the jury must agree on which three); you acted with at least five others whom you organized, supervised, or managed; and you got substantial income or resources from it.

Penalties: 20 years to life (30 to life after a prior CCE conviction). Mandatory life for a principal leader when the case involves at least 300 times the § 841(b)(1)(B) quantity, or the enterprise took in $10 million in gross receipts in any 12 months (200 times and $5 million for methamphetamine). Under § 848(e) (O102.2; Elements page), an intentional killing in furtherance of the enterprise carries 20 years to life or death.

Withdrawal

The defendant must prove withdrawal by a preponderance of the evidence, including a complete withdrawal and an affirmative step to defeat the conspiracy's purpose. Withdrawing before the quantity grew (O101.1; see General instructions) limits the drug weight. Withdrawing before the limitations date (O101.2) means a not-guilty verdict; the general federal limit is 5 years.

The Safety Valve (18 U.S.C. § 3553(f))

In drug trafficking, conspiracy, importation, and maritime cases, the judge sentences under the Guidelines without the mandatory minimum if the court finds: criminal history within the statute's limits; no violence, threats, or weapon; no death or serious bodily injury; no organizer, leader, manager, or supervisor role and no continuing criminal enterprise; and, by sentencing, a truthful disclosure to the government of all information about the offense.

Defense Themes and First Steps

We contest the agreement, your knowing joining, the foreseeable weight, the voices on recordings, and any leadership role. Do not talk to agents or discuss the case on jail phones. Call us early. See Drug Trafficking, Federal Crimes, and Bond & Nebbia Hearings.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012 in state and federal court.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

I only made a few deliveries. Am I responsible for the whole conspiracy's drugs?

The jury decides the weight attributable to you: the amount reasonably foreseeable to you.

Can I avoid the mandatory minimum?

Possibly, if the court finds all five safety-valve conditions. A CCE defendant does not qualify.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.