Houston Federal Drug Trafficking Defense Attorney

Protecting Your Rights in Federal Drug Cases

Federal drug trafficking charges represent some of the most serious criminal accusations in the American justice system. Unlike state prosecutions, federal cases involve extensive government resources, mandatory minimum sentences, and complex procedural rules that can overwhelm even experienced attorneys unfamiliar with federal practice.

Understanding Federal Drug Trafficking Charges

What Makes a Drug Case Federal?

Federal Jurisdiction Triggers:

• Interstate commerce – Drugs crossing state lines or international borders
• Large quantities – Amounts exceeding federal trafficking thresholds
• Conspiracy involvement – Multi-state or multi-defendant operations
• Federal property – Offenses occurring on federal land, ports, or facilities

Federal vs. State Drug Prosecutions

Critical Differences:

• Investigative agencies – DEA, FBI, HSI rather than local police
• Sentencing guidelines – Federal guidelines typically more severe than state law
• Mandatory minimums – Lengthy prison terms with limited judicial discretion
• Discovery rules – Different procedures for accessing prosecution evidence

Federal Drug Trafficking Laws and Penalties

21 U.S.C. § 841 – Drug Distribution and Trafficking

Federal Controlled Substance Schedules:

• Schedule I – Heroin, LSD, MDMA (ecstasy), marijuana (federal classification)
• Schedule II – Cocaine, methamphetamine, fentanyl, oxycodone
• Schedule III – Anabolic steroids, ketamine, certain barbiturates
• Schedule IV – Xanax, Valium, Ambien

Federal Mandatory Minimum Sentences

Quantity-Based Penalties Under 21 U.S.C. § 841(b):

Five-Year Mandatory Minimum:

• 500-4,999 grams of cocaine powder
• 28-279 grams of crack cocaine
• 5-49 grams of methamphetamine (pure)
• 100-999 grams of heroin
• 1-9 grams of fentanyl

Ten-Year Mandatory Minimum:

• 5 kilograms or more of cocaine powder
• 280 grams or more of crack cocaine
• 50 grams or more of methamphetamine (pure)
• 1 kilogram or more of heroin
• 10 grams or more of fentanyl

Federal Sentencing Guidelines

U.S. Sentencing Guidelines Chapter Two:

• Drug quantity calculations and base offense levels
• Role adjustments (leader, manager, organizer)
• Criminal history enhancements
• Acceptance of responsibility reductions
• Safety valve provisions for eligible defendants

Common Federal Drug Trafficking Investigations in Houston

Multi-Agency Task Force Operations

Federal Investigation Methods:

DEA Houston Division:

• Long-term surveillance operations
• Confidential informant networks
• Wiretap and electronic surveillance
• Controlled buys and undercover operations

HSI (Homeland Security Investigations):

• Port of Houston cargo inspections
• International trafficking organizations
• Money laundering investigations
• Border crossing interdictions

FBI Organized Crime Units:

• RICO conspiracy investigations
• Multi-district trafficking networks
• Violent criminal enterprises
• Cartel-connected organizations

Federal Wiretap Investigations

Title III Electronic Surveillance:

• Court-authorized phone and text monitoring
• Multi-month investigation timelines
• Probable cause renewal requirements every 30 days
• Minimization requirement violations as defense strategy

Confidential Informant Cases

CI-Driven Prosecutions:

• Informant reliability and motivation challenges
• Entrapment defenses in informant-initiated cases
• Brady disclosure of informant criminal history
• Informant testimony credibility attacks

Federal Drug Conspiracy Charges

21 U.S.C. § 846 – Conspiracy to Distribute

Conspiracy Law Fundamentals:

• Agreement element – Two or more people agreeing to violate drug laws
• Overt act requirement – Any act in furtherance of conspiracy
• Pinkerton liability – Responsible for co-conspirator acts within scope
• Withdrawal defense – Affirmative steps to leave conspiracy

Conspiracy Sentencing Challenges

Relevant Conduct Rules:

• Held accountable for entire conspiracy drug quantity
• Co-conspirator statements admissible against you
• Sentence based on reasonably foreseeable conduct
• Acquitted conduct can still impact sentencing

RICO and CCE Charges

Enhanced Federal Prosecutions:

• RICO (18 U.S.C. § 1962) – Racketeering enterprise charges
• CCE (21 U.S.C. § 848) – Continuing Criminal Enterprise (“Drug Kingpin”)
• Life imprisonment potential for qualifying conduct
• Asset forfeiture and property seizures

Defense Strategies for Federal Drug Trafficking

Fourth Amendment Challenges

Constitutional Search and Seizure Issues:

Federal Suppression Standards:

• Border search exceptions and reasonable suspicion
• Vehicle searches at interior checkpoints
• Consent search validity in federal context
• Federal exclusionary rule applications

Common Suppression Grounds:

• Illegal vehicle stops by federal agents
• Warrantless searches exceeding scope
• Confidential informant Fourth Amendment violations
• Port of Houston inspection irregularities

Fifth Amendment Protection

Self-Incrimination Defenses:

• Post-arrest statement suppression
• Miranda violation in federal custody
• Coerced confession challenges
• Proffer agreement violations by government

Attacking Federal Jurisdiction

Jurisdictional Defenses:

• Insufficient interstate commerce nexus
• Purely intrastate conduct arguments
• Federal overreach into state matters
• Venue challenges and improper district

Federal Discovery and Pre-Trial Practice

Brady Material and Disclosure

Exculpatory Evidence Rights:

• Government obligation to disclose favorable evidence
• Informant credibility impeachment material
• Witness criminal history and bias information
• Lab report and chain of custody issues

Speedy Trial Act Requirements

70-Day Rule Under 18 U.S.C. § 3161:

• Trial must commence within 70 days of indictment or appearance
• Excludable delay categories and continuances
• Dismissal with or without prejudice for violations
• Strategic use of speedy trial demands

Federal Grand Jury Proceedings

Indictment Process:

• Grand jury composition and selection
• Probable cause standard (lower than trial)
• No defense presentation or cross-examination
• Challenging defective indictments pre-trial

Federal Sentencing Mitigation

Substantial Assistance Departures

5K1.1 Motion Practice:

• Government-sponsored sentence reductions for cooperation
• Cooperation agreements and debriefing process
• Testifying against co-defendants
• Downward departure negotiation strategies

Safety Valve Relief

18 U.S.C. § 3553(f) Requirements:

• No more than one criminal history point
• No violence or weapon involvement
• No leadership role in offense
• Truthful information to government
• Avoids mandatory minimum sentence

Compassionate Release and Sentence Reduction

Post-Conviction Relief Options:

• First Step Act sentence reductions
• Compassionate release for extraordinary circumstances
• Rule 35(b) motions for substantial assistance
• 2255 habeas corpus for constitutional violations

Federal Appeals and Post-Conviction

Fifth Circuit Court of Appeals

Appellate Rights:

• Challenging legal errors and constitutional violations
• Ineffective assistance of counsel claims
• Preservation requirements at trial level
• Standard of review and abuse of discretion

Collateral Attack Procedures

28 U.S.C. § 2255 Habeas Corpus:

• One-year statute of limitations from final judgment
• Actual innocence gateway exception
• Procedural default and cause-and-prejudice standard
• Certificate of appealability requirements

Houston Federal Court System

Southern District of Texas

Federal Court Locations:

• Houston Division – Most federal drug trafficking cases
• Bob Casey United States Courthouse (Downtown Houston)
• Magistrate judges for initial appearances and detention hearings
• District judges for trial and sentencing

Federal Detention and Bond

Pre-Trial Release Challenges:

• Rebuttable presumption against release for drug trafficking
• Detention hearing burden of proof
• Third-party custodian requirements
• GPS monitoring and home detention alternatives

Why Choose Cory Roth Law Office for Federal Defense

Federal Court Experience

Specialized Federal Practice:

• Licensed and practicing in U.S. District Court, Southern District of Texas
• Advanced training in Federal Rules of Criminal Procedure
• Federal sentencing guideline expertise and mitigation
• Established relationships with federal prosecutors and judges

Proven Federal Defense Results

Track Record in Federal Cases:

• Suppression victories in federal drug trafficking prosecutions
• Below-guideline sentences through effective advocacy
• Acquittals in federal jury trials
• Dismissed charges through pre-trial motion practice

Comprehensive Federal Investigation Resources

Defense Team Capabilities:

• Federal criminal defense investigators
• Sentencing mitigation specialists
• Federal forensic experts and consultants
• Appellate counsel for Fifth Circuit practice

24/7 Federal Arrest Response:

If you or a loved one faces federal drug trafficking investigation or charges in Houston, immediate action is critical. Federal cases move quickly, and early intervention can make the difference between decades in federal prison and maintaining your freedom.