Ron Strider
Well-Known Member
A Worcester woman is facing a mandatory minimum 5 years in prison after being convicted Friday in U.S. District Court of charges related to growing and selling 185 marijuana plants authorities found in the basement of her Webster home in 2013.
Nhi Le — whose charges were upgraded to trigger mandatory minimums weeks before her trial — faces at least 5 years in prison, loss of her green card and possible deportation.
"It's bogus," her 19-year-old daughter Charissa Le said shortly after U.S. marshals took her mother away in handcuffs. She noted voters in the state have legalized marijuana, and reiterated statements she made in court about her mother being innocent.
Ms. Le was the last of eight defendants to be prosecuted after authorities in 2013 broke up a large marijuana grow operation in Worcester County. The defendants, who were caught with large quantities of marijuana plants in different homes, also stole electricity by bypassing National Grid meters, authorities argued.
Ms. Le and her boyfriend, Diep Pham, were arrested at 11 Oakwood Drive, Webster. Authorities found 185 marijuana plants in the basement, more than $100,000 stuffed in a shoe box and $3,700 in Ms. Le's purse.
Ms. Le was initially charged with having more than 100 plants in the home, wording that, for two of the charges she faced, triggered five-year mandatory minimums. The wording was removed when she pleaded guilty, but she later withdrew the plea, and prosecutors reinstated the harsher charge weeks before the trial.
The U.S. Attorney's office has declined to say whether the change was impacted by U.S. Attorney General Jeff Sessions' controversial May directive rescinding an order from his predecessor to avoid mandatory minimums in certain situations. Ms. Le's attorney, Blake J. Rubin, told the T&G before trial he felt the decision's proximity to trial had a "chilling" effect on his client's rights.
In closing arguments Friday, the prosecution and defense presented starkly different pictures of what the evidence in the case showed. Prosecutors rehashed a bevy of evidence that showed Ms. Le's name on the bank account, home lease and electricity account associated with the crime; Mr. Rubin argued the accounts were opened by other people, playing for the jury National Grid tapes he said proved Ms. Le's information was used by Mr. Pham and others.
In one call, a male's voice can be heard paying the electricity bill. In another, a woman who Ms. Le's daughter testified was not her mother could be heard opening the account.
"You were misled by the government's evidence almost the entire trial," Mr. Rubin said, flashing a security photo of Mr. Pham making a hefty deposit into Ms. Le's bank account and noting inconsistencies between signatures on her rent checks and her license.
Assistant U.S. Attorney Mark J. Grady pilloried the defense's contentions.
″(Her) whole story is ridiculous," Mr. Grady said, pointing out that, in addition to her name being all over evidence accumulated in the case, a car salesman testified to her pulling $17,000 out of her purse after negotiating a deal for an Audi.
"She had no job," Mr. Grady said. "Even if you thought she didn't do (the crime) herself, she aided and abetted others who did."
The jury agreed, finding Ms. Le guilty of conspiracy to manufacture and possess with intent to distribute more than 100 marijuana plants, guilty of aiding and abetting another person to manufacture and possess with the intent to distribute more than 100 marijuana plants and guilty of aiding and abetting a person to maintain a drug involved premises.
The first two charges carry five-year mandatory minimum sentences. They are likely to be served concurrently, Mr. Rubin said.
Mr. Rubin said he believes Ms. Le should be eligible for a provision for people with no criminal record that might reduce the mandatory minimum; he said he intends to make that argument at her sentencing in September.
Ms. Le's conviction comes at a time when state lawmakers are working to regulate marijuana shops and consider abolishing mandatory minimums in state courts. Dealing marijuana on the black market is still illegal, but penalties in state courts are generally less harsh, Mr. Rubin said.
Mr. Rubin pointed out that Ms. Le's co-defendants generally got less than five years in prison, and that the alleged ringleader received 70 months. Ms. Le, he said referencing one court filing, was once called the "least culpable" defendant by a prosecutor.
"I think there's something wrong with this picture," he said. "That's not justice."
Had Ms. Le's arrest not involved federal authorities, he said, she'd likely be facing lesser penalties in state court.
"It's extremely unfortunate the government increased the charges against my client two weeks before trial," he said, vowing to appeal.
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Worcester woman convicted in closely watched marijuana grow case - News - telegram.com - Worcester, MA
Author: Brad Petrishen
Contact: Contact - Worcester, MA - telegram.com
Photo Credit: Getty Images
Website: telegram.com: Local & World News, Sports & Entertainment in Worcester, MA
Nhi Le — whose charges were upgraded to trigger mandatory minimums weeks before her trial — faces at least 5 years in prison, loss of her green card and possible deportation.
"It's bogus," her 19-year-old daughter Charissa Le said shortly after U.S. marshals took her mother away in handcuffs. She noted voters in the state have legalized marijuana, and reiterated statements she made in court about her mother being innocent.
Ms. Le was the last of eight defendants to be prosecuted after authorities in 2013 broke up a large marijuana grow operation in Worcester County. The defendants, who were caught with large quantities of marijuana plants in different homes, also stole electricity by bypassing National Grid meters, authorities argued.
Ms. Le and her boyfriend, Diep Pham, were arrested at 11 Oakwood Drive, Webster. Authorities found 185 marijuana plants in the basement, more than $100,000 stuffed in a shoe box and $3,700 in Ms. Le's purse.
Ms. Le was initially charged with having more than 100 plants in the home, wording that, for two of the charges she faced, triggered five-year mandatory minimums. The wording was removed when she pleaded guilty, but she later withdrew the plea, and prosecutors reinstated the harsher charge weeks before the trial.
The U.S. Attorney's office has declined to say whether the change was impacted by U.S. Attorney General Jeff Sessions' controversial May directive rescinding an order from his predecessor to avoid mandatory minimums in certain situations. Ms. Le's attorney, Blake J. Rubin, told the T&G before trial he felt the decision's proximity to trial had a "chilling" effect on his client's rights.
In closing arguments Friday, the prosecution and defense presented starkly different pictures of what the evidence in the case showed. Prosecutors rehashed a bevy of evidence that showed Ms. Le's name on the bank account, home lease and electricity account associated with the crime; Mr. Rubin argued the accounts were opened by other people, playing for the jury National Grid tapes he said proved Ms. Le's information was used by Mr. Pham and others.
In one call, a male's voice can be heard paying the electricity bill. In another, a woman who Ms. Le's daughter testified was not her mother could be heard opening the account.
"You were misled by the government's evidence almost the entire trial," Mr. Rubin said, flashing a security photo of Mr. Pham making a hefty deposit into Ms. Le's bank account and noting inconsistencies between signatures on her rent checks and her license.
Assistant U.S. Attorney Mark J. Grady pilloried the defense's contentions.
″(Her) whole story is ridiculous," Mr. Grady said, pointing out that, in addition to her name being all over evidence accumulated in the case, a car salesman testified to her pulling $17,000 out of her purse after negotiating a deal for an Audi.
"She had no job," Mr. Grady said. "Even if you thought she didn't do (the crime) herself, she aided and abetted others who did."
The jury agreed, finding Ms. Le guilty of conspiracy to manufacture and possess with intent to distribute more than 100 marijuana plants, guilty of aiding and abetting another person to manufacture and possess with the intent to distribute more than 100 marijuana plants and guilty of aiding and abetting a person to maintain a drug involved premises.
The first two charges carry five-year mandatory minimum sentences. They are likely to be served concurrently, Mr. Rubin said.
Mr. Rubin said he believes Ms. Le should be eligible for a provision for people with no criminal record that might reduce the mandatory minimum; he said he intends to make that argument at her sentencing in September.
Ms. Le's conviction comes at a time when state lawmakers are working to regulate marijuana shops and consider abolishing mandatory minimums in state courts. Dealing marijuana on the black market is still illegal, but penalties in state courts are generally less harsh, Mr. Rubin said.
Mr. Rubin pointed out that Ms. Le's co-defendants generally got less than five years in prison, and that the alleged ringleader received 70 months. Ms. Le, he said referencing one court filing, was once called the "least culpable" defendant by a prosecutor.
"I think there's something wrong with this picture," he said. "That's not justice."
Had Ms. Le's arrest not involved federal authorities, he said, she'd likely be facing lesser penalties in state court.
"It's extremely unfortunate the government increased the charges against my client two weeks before trial," he said, vowing to appeal.
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Worcester woman convicted in closely watched marijuana grow case - News - telegram.com - Worcester, MA
Author: Brad Petrishen
Contact: Contact - Worcester, MA - telegram.com
Photo Credit: Getty Images
Website: telegram.com: Local & World News, Sports & Entertainment in Worcester, MA
