The defendant Anthony Blane Byrnes conspired with an organized criminal group (i.e., a regional drug trafficking organization) to possess with the intent to distribute controlled substances, such as stimulant and hallucinogenic drugs (e.g., DMT, LSD, MDMA/Ecstasy, etc.) among other forms of illicit drugs. According to the criminal complaint, he came to the attention of law enforcement authorities when U.S. Customs and Border Protection intercepted a package from Slovenia that was addressed to the defendant. The package was found to contain narcotics. Law enforcement arranged for the controlled delivery of the package to the defendant’s address. After law enforcement observed the defendant collecting the package and bringing the package into his residence, they executed a search warrant for the residence of the defendant. During the search of the defendant’s residence, they found and seized different forms of illicit drugs, as well as a firearm and ammunition. The defendant revealed to law enforcement authorities that the illicit drugs were purchased via the Empire Market darknet site. The defendant also revealed that he facilitated the purchase of illicit drugs with Bitcoins and used his cell phone and phone applications like Snapchat to communicate with co-conspirators and otherwise facilitate drug trafficking. The court documents further reveal that Byrnes had a previous infraction in April 2019, wherein law enforcement likewise confiscated narcotics and a firearm. He ultimately pleaded guilty and was sentenced to 5 years and 11 months’ imprisonment.
SloveniaUnited States of AmericaAuthorities seized numerous narcotics and contraband, including LSD, Psilocin, DMT, MDMA/Ecstasy, among other narcotics and paraphernalia on 7 August 2019. In addition, in April and August 2019, a total of three firearms and approximately USD 13,800 were confiscated by law enforcement authorities.
In August 2019, law enforcement authorities intercepted a mail parcel from Slovenia addressed to Byrnes, which revealed to contain narcotics. On 7 August 2019, authotities conducted a controlled delivery of said parcel at the residence of the defendant, who was obsevered gathering it and entering the residence. Subsequently, law enforcement executed a search warrant and confiscated several (illicit) goods.
U.S. District Court for the Western District of North Carolina
The defendant entered a guilty plea. While he was charged with a total of seven counts regarding conspiracy, possession with intent to distribute, and possession of a firearms in furtherance of a drug trafficking crime, at the time of writing there is no information available on what or how many counts the defendant pleaded guilty to. On 10 September 2020, the defendant was sentenced to five years and eleven months in prison, which was ordered to be followed by four years of supervised release.
21 U.S.C. § 846
Attempt and conspiracy
The defendant was charged with drug trafficking conspiracy.
21 U.S.C. § 841(a)(1)
Possession with intent to distribute (four counts)
The defendant was charged with possession with intent to distribute marijuana, LSD, psilocin, and DMT.
18 U.S.C. § 924(c)
Possession of Firearm in Furtherance of a Drug Trafficking Crime
U.S. District Court for the Western District of North Carolina
United States of America v. Byrnes, No. 3:20-cr-192 (W.D.N.C. Feb. 13, 2020)
United States of America v. Byrnes, No. 3:20-cr-192 (W.D.N.C. Sept. 10, 2020)
This case highlights the importance of special investigative techniques, in particular of controlled delivery, in effectively prosecuting organized crime. Controlled delivery is defined in Art. 2(i) of UNTOC as “the technique of allowing illicit or suspect consignments to pass out of, through or into the territory of one or more States, with the knowledge and under the supervision of their competent authorities, with a view to the investigation of an offence and the identification of persons involved in the commission of the offence.” According to Art. 20(1) of UNTOC, States Parties shall, within the possibilities of their domestic laws, take necessary measures to permit the use of controlled delivery among other special investigative techniques. In this case, law enforcement authorities identified a parcel containing narcotics addressed to the defendants. The authorities conducted a controlled delivery at the residence of the defendant and observed him take the parcel into his residence. This allowed the identification of the defendant, who was further caught committing the offence. Controlled delivery was, therefore, paramount to the prosecution of the defendant in this case.