Frank Nereo Fogazzi, Marijuana Possession, New York 2018

BUFFALO, N.Y. - In a shocking turn of events, 79-year-old Frank Nereo Fogazzi, a Canadian citizen, was sentenced to time served for attempting to cross the US border with a massive amount of marijuana.

Fogazzi, who was convicted of possessing with intent to distribute marijuana, was sentenced to time served by Chief U.S. District Judge Frank P. Geraci, Jr.

According to Assistant U.S. Attorney Charles E. Watkins, Jr., who handled the case, Fogazzi attempted to enter the United States from Canada at the Peace Bridge Port of Entry on May 21, 2018, at approximately 10:00 p.m.

During primary inspection, Fogazzi, who was coming to the United States to go shopping, told the primary Customs and Border Protection Officer that he could not provide the Officer with an intended shopping destination.

When asked if he was bringing anything into the United States and if he had anything to declare, the defendant said he did not. The officer then asked Fogazzi to unlock the trunk of his vehicle for inspection. The officer opened the trunk and observed an empty black hockey bag laying on top of two other black hockey bags that appeared full. The officer also detected the odor of marijuana emanating from the trunk.

The officer then unzipped one of the full hockey bags and observed suspected marijuana inside clear vacuum sealed plastic bags. The defendant was escorted to the security office. Fogazzi’s vehicle was also taken to the secondary area for further inspection during which officers discovered additional suspected marijuana in a second hockey bag as well as in the spare-tire cavity under the hockey bags in the trunk. A total of 96 packages of suspected marijuana, weighing a total of over 104 lbs., were seized.

The sentencing is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

Fogazzi, a Canadian citizen, was sentenced to time served for attempting to cross the US border with over 104 pounds of marijuana. The crime was committed on May 21, 2018.

Mandatory Facts:

• Defendant/Respondent: Frank Nereo Fogazzi
• Criminal Charges: Possessing with intent to distribute marijuana
• City and State: Buffalo, New York
• Exact Date: May 21, 2018
• Sentence or Outcome: Time served

Source: https://www.justice.gov/usao-wdny/pr/ontario-man-sentenced-attempting-cross-border-marijuana