When Pogue met the "buyers" of the land (who were in fact undercover agents), they asked if he knew what they wanted the land for. Mr. Pogue replied that he did not, and moreover, that it was none of his business what they wanted it for. They then told him that they intended to build an airstrip on it, for the purpose of transporting cocaine into the United States . He told them he wanted no part of it. The agents asked him if he would still sell them the land. He said he would. On his way out the door after closing the sale, he was arrested.
His 22-year sentence was based on the amount of hypothetical drugs that the agents claimed they would route to the U.S. via this hypothetical airstrip (which, incidentally, could never have been built because the plot of land was a mountainous hillside and totally unsuitable for an airstrip). This outrageous sentence was made possible by the Rico Act (a.k.a. the "Drug Kingpin" act, which allows anyone who has knowledge of a drug crime to be considered a "conspirator"), and mandatory minimum sentencing laws . Loren Pogue was found guilty of Conspiracy to Import Cocaine, Conspiracy to Possess with Intent to Distribute Cocaine, and Money Laundering, and sentenced to 262 months in federal prison (21 years, 10 months).
Because of these "mandatory minimums", the courts could not consider that Mr. Pogue had no drug history, that he was 63 years old, that he supported 15 children, that he had been a missionary and served in the military or that he saw the undercover agents only once. Congress has taken all such considerations away from the courts.
