BANGOR, Maine — The last defendant arrested in the Ohio Street crack cocaine conspiracy was sentenced Friday in U.S. District Court to five years in federal prison, the mandatory minimum.
In August, a jury found Kelvin Mally, 21, of New York City, guilty of drug charges in connection with a drug distribution ring that operated out of adjoining Bangor apartments in 2010 and 2011 but not guilty on a related gun charge.
Mally, who was one of more than a dozen defendants charged in connection with the drug conspiracy, faced between five and 40 years in prison and a fine of up to $5 million.
Assistant U.S. Attorney Donald Feith, based in Concord, New Hampshire, who prosecuted the case, recommended U.S. District Judge John Woodcock sentence Mally to between 12 years and seven months and 15 years and eight months in prison, according to court documents. Feith asked the judge to consider testimony concerning Mally’s possession of a gun at the sentencing despite the defendant’s acquittal on that charge.
Woodcock refused to do so, as he has in previous cases.
Mally’s attorney, David Bate of Bangor, urged the judge to sentence Mally to five years in prison. In his sentencing memorandum, Bate call his client “a prosecutorial afterthought.”
“The government arrested him, at his family home, after all his more culpable co-defendants had either cooperated or defended and lost at trial,” Bate wrote. “The government waited because Kelvin was not important to their prosecution.”
Originally, only four defendants were charged in federal court after the Ohio Street apartments were raided by police on Nov. 2, 2011. Mally was named in a superseding indictment dated Jan. 12, 2012. He was arrested on Aug. 16, 2013, according to court documents.
Mally pleaded not guilty the following month and was released on $5,000 unsecured bail. His bail was revoked Jan. 3, 2014, after Mally admitted violating his bail conditions.
He had been held without bail since then, most often at the Somerset County Jail. That time will count toward his five-year sentence.
Mally’s relatives got him involved in the operation, according to court documents. He did not bring drugs from New York City to Bangor but did go back into the Ohio Street apartment after the police raid to retrieve hidden drugs.