Henry Claude Agnew of Miami, Florida was arrested on June 2 in Broward County by U.S. Marshals for a probation violation. Court records show that Agnew, 36, is also facing drug charges.
He was charged last month with a number of drug offenses, including possession of cannabis and cocaine, possession of cannabis and cocaine with intent to sell, and selling cocaine and cannabis near a school. It is unclear if he has acquired legal representation.
Agnew was one of 61 drug offenders who had a lengthy sentence commuted by former President Barack Obama in 2016. He was released on July 28 after spending 13 years in prison. He had been sentenced in 2003 to 262 months (21 years and 8 months) in prison with five years of supervised release.
Florida has a long history with drugs like cocaine. Possession of cocaine is the most common type of cocaine crime prosecuted in the state’s courts. It is a third-degree felony punishable by up to five years in prison.
Possession of cocaine with intent to sell is the second most common type of cocaine crime prosecuted in Broward County. Unlike a possession charge, possession with intent to sell is a a second-degree felony punishable by up to 15 years in prison.
Sentences for possession with intent can vary depending on the circumstances. For example, proximity to a playground or school can enhance the sentence. The offender’s criminal record and the jurisdiction in which he is prosecuted can also heavily influence the outcome of the case.
Possession of cannabis with intent to distribute is an equally serious criminal offense in Florida. Marijuana is classified as a Schedule I controlled substance, which means it has a high potential for abuse and no accepted medical use. Penalties for simple possession can be nominal, but it can get serious if it involves an offender with a prior felony drug convictions.
Possession with intent to sell marijuana is a third-degree felony, punishable by up to five years in prison. Selling marijuana within 1,000 feet of a school is a second-degree felony, punishable by up to 15 years in prison.
Florida courts are more sympathetic to people who are addicted to drugs like cocaine than those who sell drugs for profit. The criminal justice system views drug dealers as predators who prey on addicts for money, and this image can affect every aspect of a drug case.