Drug Trafficking—National Guardsman Sentenced

Franklin Rodriguez, a captain in the U.S. National Guard, was sentenced last Friday to a total of 17 ½ years in a federal prison for importing drug Ecstasy into the United States from Europe in April 2005 aboard a U.S. military plane.^[1] Captain Rodriguez and a co‑defendant, John Fong, both pleaded guilty to charges of drug trafficking, a violation of 21 U.S.C. § 841, and conspiracy to import, a violation of 21 U.S.C. § 960 in May 2006.^[2]

The indictment entered last May charged that Rodriguez carried approximately 200,000 Ecstasy tablets inside his personal baggage aboard the U.S. Air Force C‑5A Galaxy cargo plane that he piloted from Germany to the United States on April 12, 2005.^[3] Master Sergeant John Fong was also aboard the flight that landed at Stewart Air Force Base in New York later that same day.^[4] After landing, Fong unloaded the bags into Captain Rodriguez’s BMW. Captain Rodriguez then drove to his apartment in the Bronx, New York where he stored the contraband and approximately $725,000 in cash.^[5] The indictment also connected the duo to another 600,000 tablets stored in a car in Tampa, Florida.^[6]

At the sentencing last week, U.S. District Judge John G. Koeltl rejected a plea of leniency, calling the activities “particularly egregious and despicable.”^[7] In addition to the prison sentence, the government asked for forfeiture of the $725,000 cash plus $2 million in proceeds from the enterprise.^[8] Master Sergeant Fong is scheduled to be sentenced on November 17, 2006.^[9]

Ecstasy is a Schedule I controlled substance. Under the provisions of 21 U.S.C. § 960(b) and 21 U.S.C. § 841 each crime is punishable by a term of 10 years to life in prison and/or fines. No mention has been made of the impact of the convictions on the military status of either man.

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[1] United States Military Pilot Sentenced to 17 Years for Importing Ecstasy on United States Air Force Aircraft, DEA Press Release, Oct. 13, 2006 [hereinafter DEA].
[2] Id.
[3] U.S. v. Rodriguez et al, 1:05-cr-00521-JGK, Indictment, Docket Entry No. 9 (S.D.N.Y., May 12, 2006) [hereinafter Indictment].
[4] Id.
[5] Id.
[6] Id.
[7] Military Pilot Jailed for Trans-Atlantic Drug Deal, Associated Press, Oct. 15, 2006.
[8] Indictment supra note 3.
[9] DEA supra note 1.