Sentencing for possession for the purpose of trafficking in fentanyl, with methamphetamine and cash seized on arrest, by a first offender who pleaded guilty on the trial date and asserted drug dependency.
The court held that although there was some evidence of moderate fentanyl dependency and difficult pre-sentence custody conditions, the quantity and nature of the Schedule I drugs, the trafficking indicia, and the offender's release status on other drug-related charges made denunciation and deterrence paramount.
Applying the conditional sentence framework, the court found no exceptional circumstances and rejected a community sentence.
After granting Summers credit and accounting for harsh jail conditions through the Marshall approach, the court imposed a 32-month custodial sentence less 455 days' enhanced credit, resulting in 519 days remaining to serve.
