Air Force cadet sentenced to 3 years for buying and selling MDMA, LSD and Modafinil.

http://www.militarytimes.com/story/military/crime/2015/11/04/air-force-cadet-gets-3-years-in-prison-for-dealing-drugs/75161158/

An Air Force Academy cadet was sentenced to three years in prison on Wednesday after pleading guilty to illegally using, distributing and bringing on to a military base several drugs, including Molly.

Cadet 3rd Class Nathaniel L. Penalosa was accused of using LSD, methylenedioxy-methamphetamine -- commonly known as MDMA, ecstasy or Molly -- and the stimulant Modafinil several times between August 2014 and November 2014. Penalosa also was charged with allegedly bringing the drugs onto academy grounds and distributing them on multiple occasions, and he was accused of wrongfully manufacturing MDMA.

Penalosa pleaded guilty to all charges as part of a pretrial agreement, the academy said in a release. He will be dismissed from the academy with the equivalent of a dishonorable discharge, and must forfeit all pay and allowances. As a cadet, Penalosa earned $1,027.20 per month. He was originally sentenced to 42 months confinement, but as part of his guilty plea agreement, his sentence was limited to three years.

The Colorado Springs Gazette reported that three cadets, who were granted immunity in the case, testified at an August hearing that Penalosa sold them Modafinil, which helped them stay awake and study, and LSD. A random room inspection uncovered drug residue that turned out to be Molly and drug paraphernalia, the Gazette said.

http://gazette.com/air-force-academy-cadet-sentenced-for-dealing-drugs/article/1562468

Penalosa pleaded guilty Tuesday to nine drug counts that accused him of using, distributing and bringing the drugs to the academy. He also pleaded guilty to a drug manufacturing count for converting powdered methylenedioxy-methamphetamine into pill form by filling empty drug capsules.

He faced a maximum of 69 years for the crimes, but after the deal, authorities asked for just three.

Schools wanted to sentence him to 42 months, but the plea deal means Penalosa will serve no more than 36. That's because the military allows academy superintendent Lt. Gen. Michelle Johnson to limit the sentence to comply with the plea deal.

Prosecutors said Penalosa deserved the three years.

"He corrupted his fellow cadets," prosecutor Capt. Joshua Tolin said.

Penalosa asked for leniency so he can support his mother through physical ailments and financial difficulty. A native of the Philippines, he immigrated to America in 2002 and was raised by his mother.

"Please consider a sentence that would allow me to start helping my mother as soon as possible," Penalosa said in court.

As part of his deal, Penalosa agreed that he will testify against a fellow cadet in an unspecified case. Prosecutors said Penalosa has given statements in that matter.

To get the drugs to the academy, Penalosa used computer software to create a "virtual private network" that allowed him to bypass academy Internet security, witnesses said. From there he went to the Internet drug market commonly called "Silk Road."

He paid using the untraceable Internet currency Bitcoin and the drugs were sent to the academy dorms through the mail.

In court, Penalosa claimed he was in the drug business briefly, with fewer than 20 total sales. His most popular product was Modafinil, a prescription drug used to treat narcolepsy that the cadet said made him more alert for his studies.

Penalosa's biggest client may have been his roommate, Luca Simmons, a former academy baseball player who was kicked out of the school in September.

Simmons testified Tuesday that the prescription sleep-fighting drug he bought from Penalosa helped him deal with the tough academics at the academy.

"It was pretty effective," Simmons said.

Three cadets tied to the case have been dismissed from the academy, officials said.

Penalosa's civilian lawyer, Frank Spinner of Colorado Springs, said the former cadet regrets dealing drugs at the school.

"His only thought is what have I done to my mother," Spinner said.

Manufacturing charge for putting MDMA into caps? Isn't that a load of shit!


Comments


[26 Points] MrCluelessFrog:

Why are people this shocked? It's the US military. What did you guys expect?

He brought illegal drugs onto a military base (stupid) and sold to multiple cadets (stupid) and didn't hide his stuff (or others their stuff) well enough to not get caught during inspection (stupid).

Of course they threw the book at him. It's the military. Totally different culture than American civilians. Max sentence 828 months, sentenced to 42 months (most likely because he agreed to rat on somebody else), pleaded down to 36 months.

Got off easy for being this stupid in my opinion.

Lessons:

tl;dr: Don't be a drug dealer. Doesn't matter if you are military or civilian.

EDIT:

In court, Penalosa claimed he was in the drug business briefly, with fewer than 20 total sales.

HAHAHAHAHAHAHAHAHAHA, Jesus; Darwin would be proud.


[6 Points] ogsupersaiyen420:

Exactly what I thought as I read that. He didn't manufacture shit, putting it in caps is just like using tiny bags.


[3 Points] None:

America is fucking terrifying.


[3 Points] None:

"He faced a maximum of 69 years for his crimes..."

OK, I don't care if this is military or civilian justice, something should change if sentencing guidelines for non-violent drug possession or sales somehow totals up to 69 YEARS.


[1 Points] illadelphia_collins:

Fwiw he was probably charged under UCMJ, which is far more draconian than normal law when it comes to drugs.


[1 Points] kanubis_1:

selling strong drugs in a militiray base , its as near as selling it to the cops themselves


[1 Points] octomarvel:

Hahaha fuck man.. The government, but namely the airforce are fucked for charging him for modafinil. As soon as I saw that and airforce mentioned, I knew I had heard those two words combined in a sentence previously...it wasn't hard to find where..

From Wikipedia..

In the United States military, modafinil has been approved for use on certain Air Force missions, and it is being investigated for other uses.[23] As of November 2012, modafinil is the only drug approved by the Air Force as a "go pill" for fatigue management.[24] The use of dextroamphetamine (a.k.a., Dexedrine) is no longer approved.[24]

What a fuckin shitty world.

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[1 Points] iamdnm:

If he acts like a nice boy in prison, how many months is required before he can be set free?


[1 Points] young_k:

As part of his deal, Penalosa agreed that he will testify against a fellow cadet in an unspecified case. Prosecutors said Penalosa has given statements in that matter.

So, basically dude dry-snitched on another person for leniency. I guess most of the people in the military really don't care about comradery.


[1 Points] FrozenMCVegetableCok:

The Modafinil he had could have easily come from on base. I don't know if Modafinil is the specific drug in them, but I had pilot friends who would be given something called "go pills" for the really long flights and they weren't amphetamines. You could take one, stay awake, go to sleep whenever you felt like doing so or just stay awake for ungodly amounts of time with little to no sleep.


[1 Points] MaxSalt:

Militiray. Love it.


[1 Points] zman3000:

lol isnt this about the same amount of time shiny flakes got, who moved like 914 kilos of drugs


[0 Points] aboutthednm:

If anything it should have been manufacturing of ecstasy, since he created a consumable form of it, but he did not himself create the mdma. The lawyer must have sucked ass by the sound of it.