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ELIZABETH A. STRANGE

First Assistant United States Attorney District of Arizona

CAROLINA ESCALANTE KONTI

Arizona State Bar No. 026233

D. J. PASHAYAN

Ohio Bar No. 0071260

Assistant U.S. Attorneys

Two Renaissance Square

40 N. Central Ave., Suite 1800

Phoenix, Arizona 85004

Telephone: 602-514-7500

Email: fernanda.escalante.konti@usdoj.gov

Email: don.pashayan@usdoj.gov Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America,

Plaintiff, 

vs. 

Fany Madrigal-Lopez,

Defendant.

Case No. 17-CR-01110-1-PHX-DLR

UNITED STATES’ SENTENCING 

MEMORANDUM 

The United States of America, by and through the undersigned Assistant United 

States Attorney, hereby files this sentencing memorandum. For the following reasons, the 

United States would submit that a lengthy term of imprisonment, 5 years’ supervised 

release, a $100 special assessment, and the forfeiture of the real property set forth in the 

Plea Agreement, are reasonable and appropriate for general and specific deterrence 

purposes as to both Counts 1 and 4 of the Superseding Indictment. 

Moreover, at the time of sentencing, the United States would move to dismiss the 

Counts 2, 5, 6, 7, 8, 9, and 10 of Superseding Indictment as those counts relate to the

defendant pursuant to the Plea Agreement.

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A. Overview

This case involves the distribution of prescription drugs and controlled substances 

by the defendant and her adult co-defendant children to customers in the greater Phoenix 

area. Some of their drugs contained the powerful and deadly opioid fentanyl, which 

ultimately resulted in the death of one of these customers, P.L., on November 16, 2016. 

As the Court will hear at sentencing, P.L. was a beloved young man.

After P.L.’s overdose occurred, the defendant was identified as the source of the 

deadly pills through telephone analysis and witness information. Despite learning that her 

pills killed P.L., the defendant and her children continued to distribute drugs until the 

defendant was arrested on August 18, 2017. On this date, the Drug Enforcement 

Administration (DEA) executed a search warrant at her residence in Peoria, Arizona. DEA 

seized some of these deadly pills and other evidence of the defendant’s drug continued 

trafficking.

B. Facts set forth in plea agreement

With regard to the defendant’s own conduct in this case, the parties agreed to the 

following facts in the plea agreement:

Between in or about the fall of 2015 through in or about August of 2017, I, defendant 

Fany Madrigal-Lopez, obtained quantities of oxycodone; blue “M-30” pills that 

looked like oxycodone, but contained fentanyl; cocaine; and alprazolam, all of 

which are scheduled controlled substances, from sources of supply in the District of 

Arizona. 

After obtaining possession of these substances, I would redistribute these substances 

to various customers in the metropolitan Phoenix area for profit. My children and 

co-defendants, Luis Angel Macias, Adolfo Macias-Madrigal, and Paulina MadrigalMacias would also occasionally redistribute these substances to these customers and 

obtain payment for these substances from these customers. At the time that my 

children redistributed these controlled substances for me, Luis Angel Macias, 

Adolfo Macias-Madrigal, and Paulina Madrigal-Macias knew that they were 

distributing controlled substances on my behalf. After I was arrested in this case, 

Luis Angel Macias and Paulina Madrigal-Macias continued to make contact with 

some of these customers and attempted to obtain payment for controlled substances 

sold previously to these customers.

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One of these customers who obtained controlled substances from Adolfo MaciasMadrigal, Paulina Madrigal-Macias and I was an individual known as P.L. On the 

evening of November 16, 2016, P.L. travelled to my residence at 7336 West Vogel 

Avenue, Peoria, Arizona. While at my residence, I knowingly and intentionally sold 

and distributed several pills to P.L. that were blue in color, were labeled individually 

as “M-30,” and looked like oxycodone. These pills in fact contained fentanyl and 

other substances. P.L. then consumed these pills and the fentanyl in these pills 

caused P.L. to overdose and die that same night. 

Despite learning of P.L.’s death, my children and I continued to obtain and distribute 

controlled substances to other customers in the metropolitan Phoenix area. On 

August 18, 2017, the Drug Enforcement Administration executed a search warrant 

at my residence at 7336 West Vogel Avenue, Peoria, Arizona. Adolfo MaciasMadrigal resided at this residence with me. Inside our residence, my bedroom, and 

my vehicle, agents found and seized quantities of oxycodone; cocaine; blue “M-30” 

pills that contained fentanyl; and alprazolam. 

For purposes of this factual basis, I admit and acknowledge that I conspired and 

agreed with my children, Luis Angel Macias, Adolfo Macias-Madrigal, and Paulina 

Madrigal-Macias, to possess with the intent to distribute and to distribute the 

controlled substances described above. I also admit and acknowledge that I 

distributed pills containing fentanyl to P.L. and that his consumption of these pills 

caused P.L. to overdose and die. Finally, I admit and acknowledge that I used my 

residence at 7336 West Vogel Avenue, Peoria, Arizona, as part of these activities 

and consent to the forfeiture of this residence as set forth above. 

See Doc. # 83 (Plea Agreement).

C. The suggested advisory USSG range

In the PSR, the Probation Office suggests that Total Offense Level applicable to 

Counts 1 and 4 of the Superseding Indictment be determined as follows: 

- § 2D1.1(a)(2): base offense level of 38;

- § 3B1.1(c): 2-level upward adjustment for aggravating role; and

- § 3E1.1: 3-level downward adjustment for acceptance of responsibility.

Assuming that the Court agrees with these calculations, the United States would 

submit that the defendant’s Total Offense Level is a Level 37 and Criminal History 

Category is II (235 – 293 months’ imprisonment).

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D. 18 U.S.C. § 3553(a) analysis and victim impact

For whatever reason, to include the proliferation and availability of fake prescription 

pills containing deadly opioids, more and more individuals are using and overdosing on 

drugs. 

These actions are perpetrated by dealers like the defendant. They destroy families 

and have wrought havoc on communities across the United States. Sadly, many of these 

dealers, like the defendant, have their own families. Yet, they are still willing to sell drugs 

that destroy other families for profit. 

The present case is no different. At sentencing, the United States anticipates that 

the Court will hear from P.L.’s family and learn about P.L. as a person and the terrible loss 

P.L.’s family will forever bare. 

In addition, as mentioned above, the defendant brought harm to her own family. 

She involved her own children in selling drugs. Some of her children now face immigration 

consequences after they dealt drugs with her. 

Consequently, the United States believes that a significant term of imprisonment is 

appropriate in this case to not only deter the defendant, who continued to distribute drugs 

after learning of P.L.’s death and who dealt drugs with her own children, but such a 

sentence should also deter others from selling drugs--- as even the smallest amounts of 

drugs like these can kill.

E. United States’ sentencing recommendation

Based upon the foregoing, the United States respectfully suggests that a lengthy 

term of imprisonment, 5 years’ supervised release, a $100 special assessment, and the 

forfeiture of the defendant’s family residence, is reasonable and appropriate for general 

and specific deterrence purposes as to both Counts 1 and 4 of the Superseding Indictment. 

Moreover, at the time of sentencing, the United States would move to dismiss the 

remaining counts of the Superseding Indictment as those counts relate to the defendant

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pursuant to the terms and conditions of the Plea Agreement.

Respectfully submitted this 21st day of September, 2018.

ELIZABETH A. STRANGE

First Assistant U.S. Attorney District of Arizona

s/ D. J. Pashayan D. J. PASHAYAN

Assistant U.S. Attorney

CERTIFICATE OF SERVICE

I hereby certify that on September 21, 2018, I electronically transmitted the attached 

document to the Clerk’s Office using the CM/ECF System for filing and transmittal of a 

Notice of Electronic Filing to all CM/ECF registrant(s) under this file number:

Dave LeLievre, Esq. Attorney for Defendant

s/ A. Clifton

U.S. Attorney’s Office

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