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Crime Government The Courts United States

Silk Road Drug Dealer Pleads Guilty After Federal Sting 215

Ars Technica reports that A 26-year-old Columbus, Ohio man has pleaded guilty to selling drugs through the Silk Road website. David Lawrence Handel apparently obtained methylone and other drugs from a supplier in China, which he then sold to buyers on the online black market. Among those buyers were Maryland federal agents, who were making undercover purchases. Handel shipped the drugs to them through the US Postal Service, according to the United States Attorney’s Office for the District of Maryland. ... Handel faces up to 20 years in prison for drug trafficking and up to life for using and possessing a firearm. His sentencing is scheduled for May 15.
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Silk Road Drug Dealer Pleads Guilty After Federal Sting

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  • uh... (Score:5, Informative)

    by drinkypoo ( 153816 ) <drink@hyperlogos.org> on Sunday February 08, 2015 @06:00PM (#49013059) Homepage Journal

    Handel faces up to 20 years in prison for drug trafficking and up to life for using and possessing a firearm.

    No. For using and possessing a firearm in the commission of a crime. Using and possessing a firearm is not itself a crime.

    • by TWX ( 665546 )
      He might have already been a convicted felon, and if he was then even possessing it could be a felony.

      I wonder if the definition of use is a matter of carrying the firearm while engaging in an illegal activity (ie, drug trafficking and distribution) even if his intention in carrying the firearm was to prevent someone from mugging him and taking the cash he had on his person.
      • He might have already been a convicted felon, and if he was then even possessing it could be a felony.

        I wonder if the definition of use is a matter of carrying the firearm while engaging in an illegal activity (ie, drug trafficking and distribution) even if his intention in carrying the firearm was to prevent someone from mugging him and taking the cash he had on his person.

        The Supreme Court actually reversed *all nine* of the Federal Circuit Courts of Appeal on the issue of whether simply carrying a firearm during the commission of a felony was enough to prosecute them for "using" the firearm. It was kind of a landmark case. That being said, Congress just amended the law to make carrying the firearm during the commission of a felony an additional offense.

        https://en.wikipedia.org/wiki/... [wikipedia.org]

        • The Supreme Court actually reversed *all nine* of the Federal Circuit Courts of Appeal on the issue of whether simply carrying a firearm during the commission of a felony was enough to prosecute them for "using" the firearm. It was kind of a landmark case. That being said, Congress just amended the law to make carrying the firearm during the commission of a felony an additional offense.

          But that additional offense is a 5-year "enhancement" of the other sentence. Nowhere does that say anything about "life". So I'm wondering where the life sentence supposedly came from.

          I can think of one scenario: he was on probation for some other capital offense, and carrying the firearm was a violation leading to escalation of his previous sentence. Or some such.

          • I can think of one scenario: he was on probation for some other capital offense...

            A "capital offense" is one that is punishable by the death penalty. I really don't think he would be on "probation" for a capital offense.

            • Happens all the time.

              A capital offense is one for which you CAN get the death penalty. Not necessarily for which you DID. People getting out in less than 10 years on good behavior has been depressingly common. Gotta make room for all those pot smokers, don't you know.
          • The U.S. government has a higher percentage of its citizens in prison [wikipedia.org] than any country in the history of the world. (The rate of 707 prisoners per 100,000 population is artificially reduced because of all the exclusions. [wikipedia.org])

            Part of the reason the prison rate is so high is that, in the U.S., prisons are a very profitable business, with little oversight and plenty of chances to be abusive. For some detail, see Matt Taibbi's book, The Divide [amazon.com].
            • Re: (Score:3, Insightful)

              by PopeRatzo ( 965947 )

              Yeah, states with Republican governors have been going balls-out for privatized prisons. They're the worst idea yet in an economic system that's seen a century-long string of bad ideas. How anyone could think that it was smart to have private industry run prisons is just beyond me. And I'm not talking about some contractors brought in to provide food service, but that the entire prison would be a for-profit industry is just insane.

              • by gweihir ( 88907 )

                It is actually perfectly rational: You just need to have a high-level of greed, sadism and no human compassion whatsoever. Then you can see parts of the population as worse than slaves, to be exploited in any fashion possible. That this also destroys cohesion of society and makes everybody a lot poorer, less secure and more afraid is something these people either do not understand or do not care about. Yes, you will find these people in the "dangerously insane" section of catalogs of psychic disorders.

              • by nbauman ( 624611 )

                How anyone could think that it was smart to have private industry run prisons is just beyond me. And I'm not talking about some contractors brought in to provide food service, but that the entire prison would be a for-profit industry is just insane.

                Well, it worked so well for health care.

            • The U.S. government has a higher percentage of its citizens in prison [wikipedia.org] than any country in the history of the world. (The rate of 707 prisoners per 100,000 population is artificially reduced because of all the exclusions. [wikipedia.org])

              I was actually surprised to discover that all the countries fall below 1% incarceration. I would guess that if you asked a
              random person on the street what percentage of the population are in prison most people would give you a number greater than
              1%.

          • by ShanghaiBill ( 739463 ) on Sunday February 08, 2015 @07:35PM (#49013719)

            But that additional offense is a 5-year "enhancement" of the other sentence. Nowhere does that say anything about "life". So I'm wondering where the life sentence supposedly came from.

            Here is a link [justice.gov] directly to the prosecutor's statement. They claim the penalty for possessing a firearm while trafficking drugs is "5 years to life". Either way, he has already accepted a plea bargain, so it is likely in the low end of that range.

            He was dumb. He took a gun with him to pick up the package at the post office. Was he really planning to have a shoot out over a $4800 package? Don't carry a gun unless you are prepared to use it. He shouldn't have even picked it up himself. Instead he should have paid some underage kid to do the pickup.

            • Here is a link directly to the prosecutor's statement. They claim the penalty for possessing a firearm while trafficking drugs is "5 years to life". Either way, he has already accepted a plea bargain, so it is likely in the low end of that range.

              That is just reinforcement of my general point. In recent years the Federal government has been notoriously dishonest, and prosecutors have famously lied to judges all over the place. There are at least a few cases of judges getting really pissed off about this, and imposing sanctions on the offending prosecutors. But such cases have been too rare, in my opinion.

              I say that in part because we had a local government prosecutor who basically refused to prosecute cops for any reason, except in a few exceptio

              • I say that in part because we had a local government prosecutor...

                That's not really a good example of Federal government dishonesty, but I take your point.

              • by gweihir ( 88907 )

                A main characteristics of a Police State is that they can prosecute and lock up anybody for as long as they want, often with some window-dressing "procedure" and paperwork that is basically a malicious construct. Currently they are perfecting their methods on people that actually have done something wrong in the eyes of the general population (which has no clue about ethics and is mostly controlled by propaganda), but the next step, which they already have started to implement, is to put away anybody they d

                • So, your assertion about the future is based on what, exactly? Crystal Ball? Oracle of Delphi? Genuine tin-foil time machine?

                  • by gweihir ( 88907 )

                    Simple: Quite a bit more knowledge of history and quite a bit more common sense than you have.

        • He might have already been a convicted felon, and if he was then even possessing it could be a felony.

          I wonder if the definition of use is a matter of carrying the firearm while engaging in an illegal activity (ie, drug trafficking and distribution) even if his intention in carrying the firearm was to prevent someone from mugging him and taking the cash he had on his person.

          The Supreme Court actually reversed *all nine* of the Federal Circuit Courts of Appeal on the issue of whether simply carrying a firearm during the commission of a felony was enough to prosecute them for "using" the firearm. It was kind of a landmark case. That being said, Congress just amended the law to make carrying the firearm during the commission of a felony an additional offense.

          https://en.wikipedia.org/wiki/... [wikipedia.org]

          The court documents including the indictment are here [plainsite.org]. The charge for the firearm says: COUNT TWO

          The Grand Jury for the District of Maryland further charges that:

          On or about August 22, 2012, the defendant,

          DAVID LAWRENCE HANDEL
          did knowingly use and carry a firearm, that is a Glock 26, Serial Number SRP018, during and in relation to a drug trafficking crume for which he may be prosecuted in a court of the United States, that is, Conspiracy to Distribute and Possess with Intent to Distribute a contro

          • Since you took the time to call out slashdot and ars and even Tiffany Kelly, I thought I'd double-check your work. Thanks for providing the link.

            Like you say, the firearm count is a double-your-penalty enhancement.

            So I looked up the first count, under 21 USC 841 and it says: "a term of imprisonment which may not be less than 10 years or more than life"
            http://www.law.cornell.edu/usc... [cornell.edu]

            Therefore, it is true that the firearm charge could give him an additional life penalty. Your complaint was a misrepresentati

            • Since you took the time to call out slashdot and ars and even Tiffany Kelly, I thought I'd double-check your work. Thanks for providing the link.

              Like you say, the firearm count is a double-your-penalty enhancement.

              So I looked up the first count, under 21 USC 841 and it says: "a term of imprisonment which may not be less than 10 years or more than life" http://www.law.cornell.edu/usc... [cornell.edu]

              Therefore, it is true that the firearm charge could give him an additional life penalty. Your complaint was a misrepresentation to spread more hate.

              While the crime defined in 21 USC 841(a). is straightforward, the penalties are wide and varied depending on quantity. None of the reports I've read indicate how big that package was or exactly what it was even. Just that he mailed some agents some drugs and got caught with others in the post office. The indictment doesn't specify either. Maybe the author had other details she didn't share? Or it seems more likely she embellished to get clicks. I don't feel the least bit like I'm spreading hate. We

          • On or about August 22, 2012, the defendant, DAVID LAWRENCE HANDEL did knowingly use and carry a firearm, that is a Glock 26, Serial Number SRP018, during and in relation to a drug trafficking crume for which he may be prosecuted in a court of the United ....

            That looks copied and pasted, but still, a drug trafficking crume? I hope that's a legal term and not a typo in official records or something lol.

      • Even if not, being in possession of a firearm while in possession of drugs is a felony.
    • by catsRus ( 548036 )
      So he "used" a firearm thru the internet or thru the mail, pretty neat trick. The IoT is more interesting than I thought. :)
      • Re:uh... (Score:5, Insightful)

        by drinkypoo ( 153816 ) <drink@hyperlogos.org> on Sunday February 08, 2015 @06:31PM (#49013311) Homepage Journal

        So he "used" a firearm thru the internet or thru the mail, pretty neat trick. The IoT is more interesting than I thought. :)

        He carried it on him while he was doing the rubber meets the road part of his business, and that's using it in the commission of a crime these days. Society's logic goes like this: He wouldn't have been carrying the weapon, nor would he have been risking wanting to use one to protect himself, if he hadn't been transporting illegal goods for commercial gain. Of course, there is also a certain amount of logic to the view that if those substances weren't illegal, none of that shit would have been going on at all, and society not only wouldn't have been risking gun violence but also would be able to tax whatever economic activity did occur. Arguably, it's the state that has created the dangerous situation.

    • I wonder what quantity he was caught with? To get to that type of sentence in Australia he needs to be in possession of at least a kilo.

    • It is actually up to Life for the drug charge, and the gun is an enhancement that doubles the original, so it is 2 Life charges, not 20 Years for one.

      And since nobody was injured during the crime, the drug charge is 10 years to Life. It would be 20-Life if somebody got hurt. So there is a number 20 in the law, but not in the part cited in this case.

      None of that matters, of course, since he made a deal.

  • Handel faces up to 20 years in prison for drug trafficking and up to life for using and possessing a firearm.

    So... He gets 20 years for trafficking substances across international borders that will rot your brain out, but he can get life for possessing an item for personal protection? Which item was doing more damage to society? It wasn't the firearm.

    I know, I know... People like to tack on + as if having one or not having one changes what was in the first place. Thing is, it doesn't.

    Rob a convenience st

    • by Anonymous Coward on Sunday February 08, 2015 @06:09PM (#49013125)

      Tell that to the store owner who goes through the psychological trauma of having a gun pointed in there face, many people are seriously fucked up after such incidents. The difference between the two incidents for the victims is massive.

      • by penguinoid ( 724646 ) on Sunday February 08, 2015 @08:04PM (#49013885) Homepage Journal

        Tell that to the store owner who goes through the psychological trauma of having a gun pointed in there face, many people are seriously fucked up after such incidents. The difference between the two incidents for the victims is massive.

        That would only happen if the store owner is *threatened* with the gun. If the crook simply had the gun hidden on his person, the end result would have been the same whether he had the gun on him or not. Of course, a crook simply carrying a gun does increase the chances that he'd panic and shoot someone. On the other hand, a crook using a knife instead has a much higher risk that some idiot will get himself killed playing the hero because "it's only a knife".

        Of course, a life sentence for merely carrying a gun seems like begging for said gun carrier to start using it.

    • I think the difference, is when people use a gun to commit a crime, let's use the robbery that you mentioned, it makes it easier and they encounter less resistance when using a gun to commission a crime like that.

      In other words, bad guy robs a convenience store with a gun, and unless the worker is also armed, chances are the worker is going to comply so they don't get shot and killed, and bad guy made the easiest money with the least risk.

      Conversely, if the bad guy robs a convenience store without a g
  • In this case, it is necessary to place a drug dealer on the same plane as a sexual predator. How many illegal transactions do you think you might make online before you get hit with the federal whammy?

    These LEOs can sit and pluck low hanging fruit all the livelong day, just like Stone Phillips & Crew..

  • by Anonymous Coward

    How dare he supply drugs to people how make a concious choice to buy and use them!

    Free choice should not be permitted! The government must dictate to us what we can do with our own bodies and how we should live our lives! Furthermore, they should closely monitor us to make sure we are following their instructions.

    It's for our own good!

    • by gweihir ( 88907 )

      Indeed. I am all for requiring some reasonable form of qualification that anybody can get (being 18 years old, doing a course on safe drug use on the level of a driving-test, etc.), but once you have that, it should be your decision and yours alone. Sure, things driving with significantly reduced capacity should make you liable for the part of the risk you cause (locking people up is not helpful, but having them pay their share of the potential damage into a pool that victims get compensated out of is). But

      • lol license to toke I like it. Re-driving under the influence, I have no problem and if somebody drives under the influence take their drivers license away for at least a year. And if they hit anything or heard anybody send them to jail.

  • ...if he was also caught with some illegally downloaded movies! Probably be hung drawn and quartered in the main square of some Texas town.

  • Remember: When it absolutely, positively has to be there overnight.

    Sending anything via the US mai where the legality might even be questionable is opening yourself up to having postal regs heaped on top of everything else.

    Screw them. Ship it UPS/FedEx. If the customer complains, its almost certainly a sting operation.

  • I always figured Silk Road style drugs were sold from overseas sellers, since it seems pretty obvious the government is really good at tracking internal citizens...

    Really not a good idea to sell drugs illegally these days in the U.S., especially as new legal drug channels are opening up across the U.S.

  • No, no, no! You're only supposed to mention their middle names if they are SOUTH of the Mason-Dixon line! It's right there in the AP Style Handbook!

The explanation requiring the fewest assumptions is the most likely to be correct. -- William of Occam

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