Lee County Federal Drug Defense Attorney

Reviewed by Jason Mayberry, a Florida-admitted attorney who handles federal criminal defense matters in the Middle District of Florida. Last updated August 23, 2026.

Jason Mayberry worked as a prosecutor before he spent years defending federal cases, and federal drug charges are a regular part of that practice. My federal drug defense practice covers how these cases are built and fought generally. This page is about what a federal drug case looks like when it arises in Lee County. I take those cases from my office in Tampa at (813) 444-7435, and I already practice in the Middle District of Florida, so a Fort Myers case needs no new admission.

A federal drug charge is built on weight, and that single fact shapes everything that follows. The mandatory minimum is fixed by the type and quantity of the substance, not by a judge’s read of the person in front of them, and the guideline range is driven by the same measurement. Because the numbers carry the case, the defense begins with them.

Where Federal Drug Cases From Lee County Are Prosecuted

A federal drug charge arising in Lee County is prosecuted in the Fort Myers Division of the Middle District of Florida, at the United States Courthouse and Federal Building, 2110 First Street. The division also covers Charlotte, Collier, DeSoto, Glades, and Hendry counties. The prosecuting authority is the United States Attorney’s Office for the Middle District, and the investigating agencies are typically the Drug Enforcement Administration, the FBI, Homeland Security Investigations, and local task forces working with them.

The same conduct can also be charged by the State of Florida in the Twentieth Judicial Circuit. Cases move to the federal side when they involve larger quantities, an interstate or international supply chain, or a federal task force that has been working the investigation, and the federal exposure is ordinarily governed by drug weight rather than by Florida’s sentencing scoresheet. For how a Southwest Florida case moves through the system generally, see criminal defense in Lee County.

What Does the Government Have to Prove Under Section 841?

Under 21 U.S.C. § 841, the government must prove that the accused knowingly manufactured, distributed, or possessed with intent to distribute a controlled substance. Simple possession and possession with intent to distribute are different charges, and the difference frequently turns on circumstantial proof, quantity, packaging, scales, cash, and communications, rather than on a direct sale the agents watched. The intent to distribute is often as contestable as the possession itself.

Most federal drug indictments in the Fort Myers Division also include a conspiracy count under 21 U.S.C. § 846, which lets the government hold a defendant responsible for the drug quantity reasonably foreseeable within the whole agreement, not merely the amount that person personally handled. That is how a relatively minor participant can face a mandatory minimum driven by weight moved by others, and it is one of the most important features of a federal drug case to understand early.

What Penalties Does a Federal Drug Conviction Carry?

Federal drug penalties are set by tier, and the tier is set by drug type and weight. Section 841(b)(1)(A) carries a mandatory minimum of 10 years up to life; § 841(b)(1)(B) carries a mandatory minimum of 5 years up to 40 years; and quantities below both are sentenced under § 841(b)(1)(C) with no mandatory minimum and a ceiling of 20 years. Where death or serious bodily injury results from the substance, the (A) and (B) minimums rise to 20 years, and a qualifying prior drug or violent felony raises them further. The representative thresholds are below.

The cocaine, heroin, and fentanyl figures are measured by a mixture or substance containing a detectable amount of the drug. Methamphetamine is measured two ways, by the weight of the actual meth or by the weight of the mixture, whichever is more favorable to the government, so the 50-gram and 5-gram figures above are the actual-drug thresholds and the mixture thresholds are higher. Because a single weight can move a case between tiers, the way the government measures and attributes quantity is not a technicality; it is the sentence.

The guideline range comes from the drug quantity table in USSG § 2D1.1, which scales the offense level with weight and then adjusts for aggravating and mitigating factors such as a weapon, a leadership role, or acceptance of responsibility. A prior conviction can trigger an 851 enhancement that raises the mandatory minimum, so the government’s decision whether to file that enhancement is itself a significant point in the case.

If you are facing a federal drug charge out of Fort Myers, the quantity attributed to you deserves scrutiny from the first week, because it sets the floor a judge cannot go below. I evaluate every § 841 case for the two recognized paths under a mandatory minimum, the safety valve and substantial assistance, and I handle the matter personally from start to finish.

What Evidence Decides a Federal Drug Case?

A federal drug case turns on a specific set of proof, and each piece can be examined. The substance identification and the laboratory analysis establish both what the drug is and how much of it there is, and both the testing method and the chain of custody on the seized substance are open to challenge. The quantity attributed to the defendant, especially quantity pulled in through the conspiracy count, rests on the government’s evidence about the wider course of conduct, and that attribution is frequently softer than the charged weight makes it appear.

The rest of the record is the ordinary machinery of a drug investigation: the legality of the stop, the search, or the wiretap that produced the drugs; the reliability of the confidential informant whose word supported a warrant; and the surveillance, controlled buys, and intercepted communications the government uses to tie a person to the activity. A suppressed search can remove the drugs from the case entirely, and an informant whose reliability does not hold up can unravel the probable cause a warrant depended on, so the origin of every piece of evidence is worth tracing back to its source.

How I Defend Federal Drug Charges in Lee County

I start with the weight and the search, because those two questions decide most federal drug cases. I look hard at how the government arrived at its quantity, at what is genuinely attributable to my client versus what is being swept in through the conspiracy, and at whether the stop, the search, or the wiretap that produced the evidence was lawful. A challenge that lowers the attributed weight below a tier threshold can take years off a mandatory minimum, and a successful suppression motion can end a case.

The Mayberry Law Firm is a solo practice, so the person who reviews the lab report and the wiretap affidavit is the person who argues the suppression motion and stands next to you at the courthouse on First Street. I evaluate every case early for the safety valve, which can free a qualifying defendant from a mandatory minimum without cooperation, and I give a candid assessment of whether substantial assistance makes sense, because that is a serious decision with consequences a client needs to weigh with real information. As a former prosecutor, I know how these cases are built, and I look for the places where the government’s proof of knowledge, intent, or quantity is thinner than the indictment suggests.

What to Do Now If You Are Under Federal Drug Investigation

Do not speak to a DEA or FBI agent without a lawyer present, and understand that declining an interview is not evidence of guilt. Do not consent to a search of your phone, your car, your home, or your storage, because consent waives arguments a lawyer could otherwise make later. Do not delete messages, call logs, or apps, and do not tell anyone else to; deletion is recoverable and can add an obstruction charge to a drug charge.

Preserve what may help and protect your rights while the case is early. Write down the sequence of any stop or search, including what was said and whether consent was requested or given, while the details are fresh. If agents left a search warrant and a property receipt, keep both, since they define what was taken and what the government said it was looking for. Do not discuss the case on a recorded jail line, do not contact anyone the government may call as a witness, and get a lawyer involved before you respond to any contact from investigators.

Questions About Federal Drug Charges in Lee County

What Triggers a Mandatory Minimum in a Federal Drug Case?

Drug weight. Under 21 U.S.C. § 841(b)(1)(A), the higher thresholds carry a 10-year mandatory minimum up to life; under § 841(b)(1)(B), the middle thresholds carry a 5-year mandatory minimum up to 40 years. Quantities below both are sentenced under § 841(b)(1)(C) with no mandatory minimum and up to 20 years. The specific weight that triggers each tier depends on the substance.

Will a Fort Myers Drug Case Be Charged in State or Federal Court?

Either. Florida drug charges from Lee County are prosecuted in the Twentieth Judicial Circuit, while federal charges go to the Fort Myers Division of the Middle District of Florida. Cases involving larger quantities, interstate or international supply, or a federal task force investigation tend to be taken federally, where the mandatory minimums are set by drug weight rather than by a state scoresheet.

How Does Drug Quantity Affect a Federal Sentence?

It sets both the mandatory minimum and the guideline starting point. The statutory minimum comes from the § 841(b) weight tier, and the guideline range comes from the drug quantity table in USSG § 2D1.1. Because quantity drives everything, how the government measures and attributes weight, including drugs it says were part of the same course of conduct, is often the central fight in the case.

What Is the Safety Valve in a Federal Drug Case?

The safety valve is a provision that lets a court sentence certain defendants below an otherwise applicable mandatory minimum. It generally requires a limited criminal history, no violence or weapon in the offense, that the person was not a leader of the activity, and that they truthfully tell the government everything they know about the offense. It is a separate path from cooperation and is worth evaluating early in any § 841 case.

Do You Handle Federal Drug Cases in the Fort Myers Division?

Yes. Jason Mayberry practices from his Tampa office and already appears in the Middle District of Florida, which includes the Fort Myers Division. A Lee County federal drug case requires no separate admission and no referral to local counsel, and he handles the matter personally from the investigation through sentencing.

Related Practice Areas

• Florida drug trafficking is the state trafficking charge in the Twentieth Judicial Circuit, which carries its own mandatory minimums by weight.
• Alternative sentencing covers the diversion and treatment-based options available in some drug cases.
• Drug crime defense is the practice hub covering possession, sale, and trafficking charges across the firm’s Florida markets.

If you have been arrested or contacted by agents about a federal drug case in Lee County, call The Mayberry Law Firm at (813) 444-7435 or reach me through the firm’s contact page to arrange a free consultation. I am a former prosecutor who handles federal drug cases in the Fort Myers Division of the Middle District of Florida, and you will work with me directly rather than being passed to someone else.