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If Convicted at Trial, Prosecutors Say Dan McIntosh May Face Mandatory Life Sentence

September 13, 2012
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Today is the third day of the trial of Daniel McIntosh, co-owner of the now-shuttered Sonar nightclub downtown and McCabe’s Tavern in Hampden, on federal drug-conspiracy charges arising from his alleged involvement in a large-scale, long-standing marijuana enterprise (“Risky Business,” Feature, Aug. 15 http://citypaper.com/news/risky-business-1.1358819). Of the 16 co-defendants in the case, only McIntosh and Keegan Leahy have decided to take it to trial; the last one to plead guilty, on the eve of the trial, was Anthony Marcantoni.

On Tuesday, prosecutors filed notice in court that they intend to seek enhanced penalties for McIntosh should he be convicted, based on four prior felony drug convictions in state courts. Three of the convictions, the prosecutors contend, occurred in 1998 in York County, Pa., and his sentence – more than two years but less than four years in prison sentence – was handed down on the same day in all three cases. The fourth was in 2005 in Baltimore County, where he received a three-year suspended sentence.

If the jury decides McIntosh’s role in the alleged federal conspiracy involved 1,000 kilograms of pot or more, the prosecutors wrote, he faces “a mandatory term of life imprisonment without release and a fine not to exceed $20,000,000.” If the jurors decide the amount was less than 1,000 kilograms, but more than 100 kilograms, McIntosh faces “a mandatory term of at least 10 years and not more than life imprisonment, $8,000,000 fine and at least 8 years of supervised release.”

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