Luzerne Man Charged With Drug Distribution Resulting In Death
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Michael F. Bogdon, age 25, of Kingston, Pennsylvania, was indicted on February 6, 2018, by a federal grand jury for drug distribution resulting in death.
According to United States Attorney David J. Freed, the indictment alleges that on or about December 12, 2017, Bogdon knowingly and intentionally distributed and possessed with intent to distribute a controlled substance, fentanyl, a Schedule II controlled substance, resulting in the death of another. Bogdon is also charged in a separate count with possession with intent to distribute a controlled substance.
The charges stem from a joint investigation involving the Federal Bureau of Investigation in Scranton, and the Kingston Police Department. United States Attorney Michelle Olshefski is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
This case was also brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for drug distribution resulting in death is life imprisonment. The maximum penalty for possession with intent to distribute a controlled substance is 20 years’ imprisonment, a term of supervised release following imprisonment, and a $1,000,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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