NATIONALLY RECOGNIZED FEDERAL LAWYERS
What is drug importation?
|Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience handling federal drug cases that other attorneys won’t touch. Our team has represented clients in high-profile cases that captivated national attention – like Anna Delvey’s Netflix series, juror misconduct in the Ghislaine Maxwell trial, and the Alec Baldwin stalking case. If you’re facing drug importation charges, you need attorneys who understand how federal prosecutors build these cases, because the stakes are higher than almost any other drug crime.
Drug importation means bringing controlled substances into the United States illegally. That’s it – crossing the border with drugs. Doesn’t matter if it’s in your trunk, taped to your body, stuffed in packages mailed from Mexico, or hidden in commercial cargo. The moment those drugs cross into U.S. territory, you’re looking at federal charges under 21 U.S.C. § 952, and federal prosecutors don’t negotiate the way state prosecutors do.
This isn’t a state-level possession charge. Drug importation cases go straight to federal court, and that changes everything about how your case gets handled.
How Drug Importation Charges Actually Happen
Customs and Border Protection seized 1,029 pounds of fentanyl in January 2025 alone – methamphetamine seizures jumped 15% that same month. These aren’t random busts. CBP, DEA, and Homeland Security Investigations run coordinated operations targeting drug smuggling at every entry point into the country.
You get charged with drug importation when federal agents catch you bringing drugs across the border. Ports of entry are the most common – driving through with drugs hidden in your vehicle, walking through an airport with cocaine in your luggage, picking up a package at a mail facility that Customs flagged. Between January and March 2025, Operation Hourglass alone seized over 1,484 pounds of fentanyl, 9,700 pounds of meth and other drugs, and nearly $2 million in cash.
Some defendants think they’re safe because they didn’t physically cross the border themselves. Wrong. Federal law treats you as an importer if you’re part of the conspiracy – if you arranged the shipment, financed it, or received the drugs once they entered the U.S. Prosecutors charge entire smuggling networks, not just the person caught at the checkpoint.
In July 2025, two CBP officers pleaded guilty to conspiracy charges for letting drug vehicles pass through their inspection lanes using a secret emoji code. That case shows how aggressively the government pursues importation cases – even their own officers get federal charges when they facilitate drug smuggling.
The Penalties Are Brutal
Drug importation carries mandatory minimum sentences that judges can’t ignore. First-time offenders face 5 to 20 years depending on the drug type and quantity, often more than 20 years for larger amounts. If someone dies from the drugs you imported – and with fentanyl, that happens – you’re looking at 20 years to life imprisonment.
Fentanyl changed everything. In 2025, Congress specifically amended the law to target “fentanyl-related substances” because so many overdose deaths trace back to imported fentanyl. Federal sentencing guidelines treat fentanyl cases more harshly than almost any other drug.
The mandatory minimums kick in based on drug quantity. Import 500 grams of cocaine? Five-year mandatory minimum. Import five kilos? Ten years mandatory, and the maximum sentence goes from 40 years to life. The judge can’t sentence you below the mandatory minimum unless you cooperate with prosecutors – and cooperation means giving them bigger targets to prosecute.
Fines run into millions of dollars. Individuals face up to $5 million in fines; organizations face $25 million. The government will also seize any assets connected to the drug trafficking – your car, your house, bank accounts, everything they can tie to the offense.
Supervised release adds years of restrictions after you finish your prison sentence. First-time offenders get at least four years of supervised release; prior drug felons get eight years minimum. That means federal probation officers monitoring your life, drug testing, employment restrictions, travel limitations – all after you’ve already served your sentence.
Why Importation Cases Are Different
Federal jurisdiction means you’re not dealing with local prosecutors who handle hundreds of low-level drug cases. You’re facing Assistant U.S. Attorneys who specialize in drug trafficking prosecutions, and they have resources state prosecutors don’t have – wiretaps, confidential informants, multi-agency task forces, international cooperation with Mexican and Canadian authorities.
The burden of proof is technically the same, but the evidence against you is usually overwhelming by the time charges get filed. CBP finds the drugs at the border. They photograph everything, test the substances in federal labs, document the seizure with multiple agents as witnesses. By the time you’re indicted, prosecutors have a solid case.
There’s no state court alternative. If you’re charged with importing cocaine in California state court, you might get probation or drug treatment. Federal drug importation? You’re going to prison if convicted – the sentencing guidelines and mandatory minimums guarantee it.
Immigration consequences are automatic for non-citizens. Drug importation convictions trigger deportation under immigration law, with almost no exceptions. Even green card holders get removed after serving their federal sentence. We’ve handled cases where defendants served 8 years in federal prison, then got deported the day they finished their sentence.
How These Cases Actually Work
Most drug importation cases start with an arrest at the border – you’re caught, detained by CBP, and interviewed by federal agents before you’ve even talked to a lawyer. That’s where defendants destroy their cases, because they talk without understanding how federal prosecutors will use every statement against them.
If you’re not arrested immediately, it means the government is running a controlled delivery – they let the package enter the country, track it to you, and arrest you when you take possession. These investigations can take months. DEA and HSI build conspiracy cases by flipping defendants lower in the organization, working their way up to the people financing and organizing the smuggling operation.
The presentence investigation report determines your sentence. Federal probation officers investigate your criminal history, the offense conduct, and your personal background. They calculate your sentencing guideline range based on drug quantity, your role in the offense, whether you accepted responsibility, and your criminal history category. That calculation largely determines your sentence.
Very few drug importation cases go to trial. When the government has you on video picking up a package with 10 kilos of methamphetamine, there’s no factual defense. Your only leverage is cooperation – giving prosecutors information they can use to prosecute others. That might get you a 5K motion for substantial assistance, which is the only way to sentence below the mandatory minimum.
What You Need to Do
Don’t talk to federal agents without a lawyer. Not “let me explain,” not “I didn’t know,” not anything. Federal agents are trained interrogators, and they’re building a case against you from the moment you start talking. Everything you say goes into the case file, and prosecutors will use it at trial or sentencing.
Get an attorney who handles federal cases. State criminal defense attorneys don’t understand federal sentencing guidelines, mandatory minimums, or how to negotiate with federal prosecutors. At Spodek Law Group, we have former federal prosecutors on staff who know exactly how the government builds importation cases – and how to challenge them.
Understand your realistic options early. Some defendants qualify for the safety valve exception that avoids mandatory minimums, but you need to meet specific criteria. Some cases have Fourth Amendment issues – illegal searches, improper stops, violations of your rights at the border. Some defendants benefit from cooperation agreements. You need to know which option applies to your case.
Drug importation charges mean federal prison time in 2025 – that’s the reality. But how much time, under what conditions, and whether there are alternative strategies depends entirely on how you handle the case from the beginning. We’ve secured reduced sentences for clients facing decades in prison, we’ve challenged unlawful searches that got charges dismissed, and we’ve negotiated cooperation agreements that cut mandatory minimums in half.
If you’re under investigation or already charged, call us immediately. Federal cases move quickly once charges get filed, and your window for building an effective defense closes fast. We’re available 24/7 because we understand that federal arrests don’t happen on a schedule – and neither does the work required to protect your future.