Man Sentenced for Conspiracy to Distribute Fentanyl Powder

United States Attorney Susan Lehr announced that Jason Viera Penalbert, 37, of Madison, Nebraska, was sentenced July 17, 2024, in federal court in Omaha, Nebraska for conspiracy to distribute 400 grams or more of fentanyl. United States District Court Judge Brian C. Buescher sentenced Penalbert to 57 months’ imprisonment. There is no parole in the federal system. After Penalbert’s release from prison, he will begin a 2-year term of supervised release.

On May 18, 2023, DEA agents doing surveillance at a UPS facility noticed a suspicious package. After a positive canine sniff, agents obtained a search warrant to search the package. Inside the package were two bricks wrapped in silver duct tape totaling approximately 2,428 grams of powder fentanyl.

Agents replaced the fentanyl with fake narcotics and conducted a controlled delivery to a residence in Norfolk, Nebraska. After the package was delivered, Penalbert arrived at the house to pick it up. After being arrested, Penalbert told agents he lived in Madison and came to Norfolk to pick up the package to deliver it to Minnesota. A search of Penalbert's cell phone revealed messages coordinating the delivery of the package.

Penalbert also admitted there would be drugs at his home. A later search of Penalbert’s house uncovered approximately 195 grams of cocaine. As part of a plea agreement, the prosecution dismissed a charge of possession with intent to distribute cocaine in exchange for a guilty plea to the fentanyl charge.

This case was investigated by the Drug Enforcement Administration. The Nebraska State Patrol assisted with forensic testing of the drugs seized.