Federal charges

Dallas federal drug conspiracy lawyer.

The United States Federal Building and Courthouse in Laredo, Texas, with an American flag out front.
Photo: Carol M. Highsmith, public domain, via Wikimedia Commons

In a federal drug conspiracy, the number that decides the case is usually the drug quantity, because it sets the mandatory minimum and the guideline range. You can be charged without ever selling anything yourself, based on an agreement and what others did. We test the quantity, the wiretaps and the cooperators, and look for every lawful way below the minimum. Talk to us before you talk to anyone else.

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If you or a family member was just charged.

  1. 01

    Say nothing about the case

    Not to agents, not to codefendants, not on jail phones, not in text messages. In conspiracy cases the government's strongest evidence is often what people say to each other.

  2. 02

    Get ready for the detention hearing

    Drug charges with a 10-year maximum or more carry a presumption of detention. A real release plan with a home, a custodian and work is needed within days.

  3. 03

    Do not agree to cooperate without a lawyer

    Agents may offer a chance to help yourself right away. Cooperation can matter, but the terms, the timing and the risks have to be understood first.

  4. 04

    Do not touch phones, accounts or property

    Deleting messages, moving money or selling a car after an arrest can lead to obstruction charges and forfeiture fights.

  5. 05

    Call us for a free consultation

    We answer 24/7 in English and Spanish. The earlier we see the complaint or indictment, the more options stay open.

Key deadlines and numbers

Penalty for conspiracy
The same as the drug offense that was the goalSource: 21 U.S.C. 846
10-year tier with prior convictions
15-year minimum with one qualifying prior, 25 years with twoSource: 21 U.S.C. 841(b)(1)(A)
5-year tier with a prior conviction
10-year minimum, up to lifeSource: 21 U.S.C. 841(b)(1)(B)
If death or serious injury resulted from use
20-year minimumSource: 21 U.S.C. 841(b)
Supervision after prison
At least 5 years (10-year tier) or 4 years (5-year tier)Source: 21 U.S.C. 841(b)(1)
Safety valve
Allows a sentence below the minimum if five conditions are metSource: 18 U.S.C. 3553(f)

Texas law

How federal drug conspiracy law works.

A conspiracy is an agreement between two or more people to distribute drugs. The government does not have to prove a completed sale. It has to prove the agreement existed, that you knew about it, and that you chose to join it. The drug type and amount then set the minimum and maximum prison terms.

Federal drug mandatory minimums by quantity (first offense)
Drug5 to 40 years if at least10 years to life if at least
Methamphetamine5 g pure (actual) or 50 g mixture50 g pure (actual) or 500 g mixture
Fentanyl40 g mixture400 g mixture
Cocaine500 g5 kg
Crack cocaine28 g280 g
Heroin100 g1 kg
Marijuana100 kg or 100 plants1,000 kg or 1,000 plants

Quantity is the whole case

A mandatory minimum applies only if a jury finds the quantity beyond a reasonable doubt, or you admit it in a plea. That makes the wording of any plea agreement critical. For the guidelines, you are held to the drugs within the scope of what you agreed to and could reasonably foresee, not every gram the whole group moved.

Source: Alleyne v. United States (2013)

The safety valve, after Pulsifer

The safety valve lets a judge go below the minimum when the person has a limited record, used no violence or gun, caused no death or serious injury, was not a leader, and truthfully told the government what they know. In 2024 the Supreme Court read the record test strictly in Pulsifer: failing any one of its three parts disqualifies you. Each prior has to be checked carefully.

Source: Pulsifer v. United States (2024)

Prior convictions raise the floor

A prior serious drug felony or serious violent felony can raise the minimum, but only if the prosecutor files a written notice before trial or a plea. Whether a prior qualifies, and whether that notice gets filed, is often a central part of negotiation.

Source: 21 U.S.C. 851

Cooperation is the other door

Only the government can ask a judge to go below a minimum for substantial assistance. It is a serious decision with safety and family consequences, and it should be made with full information.

Source: 18 U.S.C. 3553(e)

How we work

How we defend a drug conspiracy case.

Federal drug cases are document heavy. Mr. Estrada reads the discovery and sets the strategy, and our associates and staff work through the recordings, reports and lab files with him.

  1. 01

    Read everything the government has

    Wiretap applications, recorded calls, texts, surveillance, seizure reports, lab reports and the statements of cooperating witnesses. Spanish-language recordings and their translations get checked word by word.

  2. 02

    Challenge the searches and the wiretap

    Federal wiretaps require a showing that normal methods would not work and limits on what is recorded. Traffic stops, phone searches and home searches each have rules. When they are broken, we move to suppress.

  3. 03

    Test the quantity and the purity

    Pure meth and meth mixture carry very different numbers. We review lab methods, packaging weight, double counting, estimates from conversations, and whether drugs tied to others were within your agreement.

  4. 04

    Question the cooperators

    Many conspiracy cases rest on people hoping for a lower sentence. Their deals, prior statements and inconsistencies are all fair ground at trial and at sentencing.

  5. 05

    Map every path below the minimum

    Safety valve eligibility, a plea to a lower quantity, a minor role, a challenge to an 851 notice, or cooperation. We lay out the options and the numbers so you can decide.

  6. 06

    Prepare for trial or sentencing

    If the case goes to trial, the jury decides the quantity. If it ends in a plea, the presentence report decides a great deal, and we object to anything wrong in it.

Olegario C. Estrada

Who handles it

The lawyer on the sign is the lawyer on your case.

Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.

What clients say

“Olegario firm made me feel like I was at home. As soon as I walked in the receptionist was very kind and professional.”
Luis · Client review
About Mr. Estrada

What a federal drug case can mean beyond prison.

Immigration
Drug trafficking, including conspiracy, is an aggravated felony under immigration law. For a non-citizen, even a permanent resident, that usually means removal and a permanent bar to returning. The plea has to be planned with that in mind.
Guns
A gun found near drugs can add guideline levels or a separate 924(c) charge with a 5-year consecutive minimum. After any felony conviction, federal law bars you from having a gun.
Money, cars and homes
The government can seek forfeiture of cash and property it says came from or helped drug trafficking. Family members who own part of a home or car may have their own claim and their own deadline.
Record and work
A federal conviction cannot be erased with a Texas expunction or nondisclosure. It follows you on background checks, so the charge you plead to matters for years.

Dallas and Odessa

Drug cases in Dallas and the Permian Basin.

In Dallas, federal drug conspiracies are usually built by DEA, HSI or FBI task forces and charged in the Northern District of Texas at the Earle Cabell Federal Building. Collin and Denton County cases go to the Eastern District in Sherman or Plano. In West Texas, many cases start with a traffic stop on I-20 and move to the Western District's Midland-Odessa Division in Midland. Our Odessa office on Diego Road lets families there meet with us in person.

FAQ

Questions people ask.

Can I be charged with conspiracy if I never sold drugs?

Yes. Driving, holding money, renting a place or passing messages can be charged if the government says you knowingly joined the agreement. Knowing someone, or being present, is not enough by itself, and that line is often where the defense is.

What is the mandatory minimum for meth in federal court?

Five years for 5 grams of pure meth or 50 grams of mixture, and ten years for 50 grams pure or 500 grams of mixture, on a first offense. Prior qualifying convictions raise those floors. The lab results on purity matter a great deal.

Do I qualify for the safety valve?

It depends mainly on your criminal history points, whether there was a gun or violence, your role, and whether you give a truthful statement to the government. Since the 2024 Pulsifer decision, the record test is strict. We check it prior by prior.

Should I cooperate?

Sometimes it is the only way below a minimum, and sometimes it puts people at risk for little benefit. Only the government decides whether help counts. Do not start talking until you and your lawyer have weighed it.

How much of the sentence is actually served?

There is no parole in the federal system. Good conduct credit can reduce a sentence to roughly 85 percent, and some people earn First Step Act credits, though certain drug offenses are excluded. Supervised release follows.

Why is my case federal and not state?

Large quantities, multiple people, wiretaps, interstate travel and task force investigations usually go federal. Sometimes a case starts in state court and is picked up by federal prosecutors later.

How much does it cost to hire you?

The consultation is free. We discuss the fee and payment options up front, based on the stage of the case and whether it looks headed for a plea or a trial.

Related situations

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Updated October 2026

This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.

Two offices

Oak Cliff and Odessa.

Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.

Oak Cliff, TX

Dallas

5224 W. Jefferson Blvd., Suite 150
Dallas, TX 75211

Odessa, TX

Odessa

2860 Diego Rd.
Odessa, TX 79766

Law Office of Olegario Estrada, P.C.

We explain everything.We answer 24/7.Se habla español.

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