Mass. Man Sentenced in Multi-Pound Pot Case

Acting United States Attorney Donald Feith announced this week that Todd Burke, 52, of Fitchburg, MA, was sentenced to 28 months in prison by the United States District Court, according to a press statement.

The court’s sentence was less than the otherwise applicable guideline of 46 months based on the court’s findings that Burke did not profit from his criminal activity, that he was unlikely to recidivate, and that he lacked a criminal history. Burke pleaded guilty on March 28, 2015, to attempted possession of marijuana with intent to distribute.

According to documents filed in federal court, federal agents located a pallet of boxes that contained approximately 263 kilograms (approximately 579 lbs.) of marijuana in Vermont in September 2014. Agents learned that the marijuana was scheduled to be delivered to a business in Peterborough.

Burke was arrested on Sept. 24, 2014, after he traveled to Peterborough and attempted to take possession of the marijuana. Agents later recovered additional quantities of marijuana and hashish at Burke’s residence in Fitchburg. In addition to the 28 months of incarceration, Burke was sentenced to serve three years of supervised release after completion of his prison sentence. During the period of supervised release, Burke’s behavior will be monitored by the United States Probation and Pretrial Services Office. Burke also agreed to forfeit his interest in a piece of real estate in Fitchburg to the United States.

This case was investigated by Drug Enforcement Administration, the Fitchburg Police Department and the Peterborough Police Department. It was prosecuted by Assistant United States Attorney John J. Farley