Ricky Sirois

AUGUSTA — A Gardiner man pleaded guilty in state court Thursday to a felony drug offense that is likely to send him back to federal prison for years.

Ricky Lee Sirois, 51, was on federal supervised release for a drug conspiracy conviction when he was arrested following a traffic stop for speeding May 24 in Waterville.

Sirois, who was a passenger in the vehicle, identified himself as being on federal supervised release and was searched by police, according to the prosecutor, Assistant District Attorney Michael Madigan.

Madigan told Judge Eric Walker that police found 1.5 grams of heroin on Sirois as well as crack cocaine.

Sirois was charged with unlawful possession of more than 0.2 grams of heroin, a felony charge, as well as a misdemeanor charge of unlawful possession of cocaine base.

On Thursday at a hearing at the Capital Judicial Center, Sirois waived his right to have a grand jury consider the case and pleaded guilty to the felony charge. In exchange, the state dismissed the other charge plus a separate civil violation.

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Sirois was sentenced to 59 days in jail, which he has already served, and fined $400. His attorney, Tavis Rock Hasenfus, sought to get the fine suspended or reduced. Walker agreed after concluding Sirois would not have the ability to pay it any time soon.

Sirois remains behind bars on a federal warrant.

Sirois disputed the 1.5-gram  weight, but agreed the amount was more than the 0.2 grams necessary to support the charge.

Sirois was released from federal custody June 1, 2015, on the drug conspiracy and began a three-year period of supervised release.

Madigan told Walker that he recently spoke to Sirois’ federal probation officer.

“I do anticipate this will result in significant revocation of his probation,” Madigan said.

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A U.S. Probation Officer filed a petition in U.S. District Court in Bangor seeking to revoke Sirois’ supervised release and alleging two violations.

The first lists the Waterville incident: “The defendant was found to be in possession of a crack pipe, marijuana, hypodermic needles, and a number of plastic bags with an unknown substance. The defendant was taken to the police station and a subsequent search revealed two additional bags of an unknown substance. The substances were field tested and were presumptive positive for heroin and crack cocaine.”

The second says, “On May 18, 2016, and February 6, 2017, the defendant produced a sample for a urinalysis that was confirmed positive for cocaine. On April 11, 2017, the defendant produced a sample for a urinalysis that was confirmed positive for cocaine and marijuana.”

Sirois had been arrested in November 2011 and later pleaded guilty to conspiracy to distribute and possess with intent to distribute oxycodone. He was sentenced to 48 months in prison followed by three years of supervised release.

Sirois appealed the length of the sentence, saying he was a minor player and entitled to a reduction.

The sentence was upheld by a three-judge panel of the First Circuit U.S. Court of Appeals, which said, “The record makes manifest that the appellant was an active seller of oxycodone and, in addition, allowed the drug ring to use his residence (then in Randolph) as a drug-distribution facility.”

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Betty Adams — 621-5631

badams@centralmaine.com

Twitter: @betadams

 

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