Sentence deferred for young drug courier

A Washington man blamed part of his involvement in transporting luggage containing marijuana from Seattle to Wisconsin aboard an Amtrak train to being “young and dumb and hanging around the wrong crowd.”

“I’m just trying to do the best I can and stay out of trouble,” defendant Marquise Constantino, 22, said in Flathead District Court on Thursday.

Constantino received a six-year deferred sentence in addition to a $2,000 fine and was ordered to pay an $800 public defender fee by District Judge David Ortley. As part of conditions of probation, Ortley also ordered Constantino to complete his GED; Constantino had completed his education through 11th grade.

Constantino was previously convicted on a guilty plea to felony criminal possession with intent to distribute. The felony will be expunged from his record if Constantino doesn’t break any laws over the six-year period.

According to court documents, two black bags arrived in Whitefish on a train in 2014. On June 6, 2014, an Amtrak employee notified the Flathead County Sheriff’s Office that the luggage contained a “significant amount” of marijuana.

The train conductor told authorities that Constantino had called to say that he missed a train in Washington but the luggage left town and asked that the bags be left in Whitefish for him to pick up.

On June 7, Constantino arrived in Whitefish and asked about the bags, according to court documents. He identified the bags and was arrested.

Ortley said he struggled with Constantino’s case before he gave out the sentence. Ortley said while he took into consideration the indiscretions of young people, the seriousness of Constantino’s offense wasn’t one to brush aside or scoff at.

“A significant aggravating factor in this case is that you did this up to 20 times,” Ortley said. “You haven’t been convicted of that, but it is a factor that I can consider, and I do consider that you were essentially, I think in parts of the drug trade, a mule for somebody between Washington and the state of Wisconsin.”

Ortley also noted that Constantino could have been charged with other felonies considering his offense was across state lines while aboard a train.

“If you hadn’t missed the train, how long would it have continued, because I’m assuming it was financially beneficial to you?” Ortley asked.

Ultimately, youth worked in Constantino’s favor in sentencing, along with no criminal history.

“A conviction at 22 for criminal possession with intent to distribute changes the entirety of the rest of your life. You and I both know that,” Ortley said.

Ortley was confident the deferred sentence, which puts Constantino on probation until age 28, would give him time to improve his life. Ortley also made sure to note that there should be no leeway given to any conditions of probation.

Ortley warned Constantino that this was his one chance, that if he got into trouble with the law, whether in Montana or Washington, he could face penalties up to 20 years.

“Don’t squander it,” Ortley said. “Good luck to you.”

Hilary Matheson is a reporter for The Daily Inter Lake. She may be reached at 758-4431 or hmatheson@dailyinterlake.com.