Contraband in Federal Prison (18 U.S.C. s. 1791)

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

What Counts as a Prison

The statute defines a prison as a federal correctional, detention, or penal facility, or any facility where people are held in custody by direction of, or under a contract or agreement with, the Attorney General. That includes federal detention centers that hold people awaiting trial.

What the Government Must Prove

Providing contraband (11th Cir. Pattern Instr. O68.1; see our Elements page): the person was an inmate of a federal prison or correctional facility at the time; you knowingly provided, or tried to provide, a prohibited object to that inmate; and doing so violated a statute or a rule or order issued under a statute.

Possession by an inmate (O68.2; Elements page): you were an inmate of a federal prison or correctional facility; you knowingly made, possessed, or acquired the object described in the indictment; and the object was a forbidden object.

Penalties Depend on the Object

Each tier allows a fine, prison, or both:

• Up to 20 years: a narcotic drug, methamphetamine (and its salts and isomers), LSD, or PCP.
• Up to 10 years: a firearm or destructive device, or a Schedule I or II controlled substance not in the 20-year group (other than marijuana).
• Up to 5 years: marijuana or a Schedule III controlled substance, ammunition, a weapon other than a firearm or destructive device, or an object designed or intended for use as a weapon or to help an escape.
• Up to 1 year: any other controlled substance, an alcoholic beverage, any U.S. or foreign currency, or a phone or other device used with commercial mobile service.
• Up to 6 months: any other object that threatens the order, discipline, or security of a prison, or anyone's life, health, or safety.

Consecutive sentences. A sentence for a violation involving a controlled substance must run consecutive to any other sentence for an offense involving that substance. A sentence for an inmate's violation must run consecutive to the sentence the inmate is already serving.

Common Situations

• A visitor accused of passing drugs or a phone during a visit.
• Packages, mail, or drop-offs traced to someone outside.
• A phone or weapon found in a shared cell or common area.
• A staff member or contractor accused of bringing items in.

Defense Themes

• Knowledge. Both instructions require that the person acted knowingly.
• Possession in shared spaces. Finding an item in a shared cell does not by itself prove who possessed it.
• What the object really was. The tier controls the maximum. Lab testing and classification matter.
• The rule or statute violated. For providing contraband, the government must show the act violated a statute or a rule or order issued under one.
• Inmate status and the facility. Was the person an inmate of a facility that fits the statute's definition?

What to Do First

1. Do not talk to agents or investigators without a lawyer. That includes informal conversations.
2. Do not discuss the case on prison phones or messaging. Those communications are often recorded.
3. Call us. If agents contacted you or you received a target letter, call before responding. See Turning Yourself In and Bond & Nebbia Hearings for the federal arrest and detention process.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• 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

Is a cell phone in federal prison a crime?

Yes. A phone or other device used with commercial mobile service is a prohibited object, punishable by up to 1 year.

Can a visitor be charged, not just the inmate?

Yes. Providing or trying to provide a prohibited object to an inmate is a separate offense.

Will the sentence be added on top of my current one?

For an inmate's violation, the statute requires the new sentence to run consecutive to the sentence being served.