District of Maine | Portland Man Sentenced to 15 Years for Distributing Fake Pills Tainted with Fentanyl, Failing to Appear for Trial

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PORTLAND, Maine: A Portland man was sentenced today in U.S. District Court in Portland for distributing fentanyl, using or carrying a dangerous weapon in a drug crime, and failing to appear before the court.

U.S. District Judge John A. Woodcock, Jr. sentenced Marcus Mello, 27, to 181 months in prison to be followed by four years of supervised release. The Court ordered forfeiture of his $25,000 appearance bond, and a default judgment in that amount was entered against him. Mello pleaded guilty on February 6, 2024.

According to court records, in May 2020, Mello sold 12 “percs,” a common term for Percocet or Oxycodone pills, to a 59-year-old York County woman. The woman was found unconscious in a parked vehicle shortly after and could not be revived. An autopsy identified her cause of death as toxicity due to the combined effects of multiple substances, including fentanyl. Text messages recovered from the victim’s phone revealed she had purchased pills from Mello, and a medical examiner recovered a baggie marked with images of skulls that contained ten blue pills from her clothing. A chemical analysis revealed that the pills contained fentanyl, not oxycodone.

A witness who was with the victim when she purchased the pills and overdosed texted Mello to inform him of the woman’s death and demanded to know what was in the pills. Despite knowing that someone had died after taking the “percs” that he sold them, Mello continued to sell the pills to other customers, including to a confidential informant. When Mello was arrested in July 2020, investigators recovered over $6,300; a loaded handgun with 14 full-metal-jacket bullets in the magazine; approximately 10 round white tablets; and approximately 417 blue pills marked “M 30” divided into plastic baggies from his backpack. Laboratory testing of the blue pills revealed that they contained fentanyl and collectively weighed approximately 45.6 grams. The white pills tested positive for Oxycodone and weighed approximately 3.8 grams. A review of Mello’s phone revealed conversations with his supplier, including dates, quantities and distribution details.

While out on bail, Mello appeared in court for jury selection on October 6, 2023, but failed to appear for the start of the trial on October 16. When reached by phone, he stated he could not make it to court that day but had decided to plead guilty. When Mello again did not appear the following day, a warrant was issued for his arrest. U.S. Drug Enforcement Administration (DEA) agents located and arrested Mello at a residence in South Portland on November 3, 2023. Agents recovered a bag of white powder from a bathroom where Mello had briefly fled, another bag of powder in his shirt pocket, and a third bag in a shoebox in a guest bedroom.

The DEA investigated the case.

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