SACRAMENTO, Calif. — A federal grand jury returned a two-count indictment today against Marcello Marlo Rivera, 48, of Lodi, charging him with possession with intent to distribute methamphetamine and being a felon in possession of ammunition, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on May 11, 2022, a search was conducted at Rivera’s Lodi residence. Agents found several large bags with methamphetamine residue and a trail of residue leading to the toilet and on the toilet seat. They also found drug packaging materials, a digital scale with similar residue, thousands of dollars of cash, and a magazine containing 17 rounds of 9 mm ammunition. Rivera is prohibited from possessing ammunition due to multiple prior felony convictions, including for sexual assault and domestic violence.
This case is the product of an investigation by the Drug Enforcement Administration, the California Highway Patrol, and the Lodi Police Department. Assistant U.S. Attorney David Spencer is prosecuting the case.
If convicted, Rivera faces a maximum statutory penalty of 20 years in prison and a $1 million fine on the drug charge and 10 years in prison and a $250,000 fine on the ammunition charge. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.