In order to convict somebody in federal court of a drug conspiracy charge, the government has to prove two elements. If a warrant fails to state the exact address of the place to be searched or the specific items that may be seized by law enforcement, the warrant may be deemed invalid. The people that he was carrying into Atlanta had large duffel bags with them, and it turns out they had a lot of cocaine in those duffel bags. 16-13-31(b). Under the law, there are two types of possession. If that is the case, you can work with our law firm, and we can build a defense to help you get a . document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving clients across the United States A Winsted, Connecticut, man pleaded guilty today to participating in a conspiracy to distribute fentanyl over the darknet. 2.79 tons of liquid heroin from a lorry that entered Georgia from Azerbaijan. A traffic stop is only lawful where the officer had reasonable grounds based on specific and articulable facts for making the stop. Manufacture means the production, preparation, compounding, conversion, or processing of a controlled substance by extracting components of a substances natural origin or by chemical synthesis. Williams was in possession of approximately one ounce of methamphetamine and arrested. For instance, the driver may grant permission for the officer to search the vehicles trunk. If you are convicted of trafficking 28 grams or more, you face a sentence of 25 to 30 years and a $500,000 fine. PSN is an evidence-based program proven to be effective at reducing violent crime. If you are convicted of trafficking methamphetamine between 28 and 200 grams, the sentence can be ten to thirty years in the state penitentiary and a fine of $200,000. All rights reserved. All rights reserved. If a person is convicted of drug trafficking, he or she may face spending years in prison, having valuable assets taken away, and paying hefty fines, all in addition to having his or her own personal reputation and relationships compromised. In a press release from the department, on Jan . What is drug trafficking? So there was no unlawful agreement. An official website of the United States government. If you need the best, then hire the best! Duffy admitted that he conspired with others to possess with intent to distribute between one and three kilograms of heroin, or enough heroin to provide more than 10,000-30,000 doses, from December 2018 to February 2019. Discovery usually consists of police reports, drug lab reports, search warrants, arrest warrants, witness statements, and any video or audio recordings. MACON, Ga. Nine individuals were taken into custody today and are facing federal charges from an Organized Crime Drug Enforcement Task Force (OCDETF) investigation ledby the Drug Enforcement Administration (DEA) into a group of alleged drug traffickers in Houston and Bibb Counties. Official websites use .govA .gov website belongs to an official government organization in the United States. A lock ( In Cobb County, bonds for trafficking range from $65,000 up to $125,000. Post Office Box 1702
Search for jobs related to Georgia drug trafficking cases or hire on the world's largest freelancing marketplace with 21m+ jobs. However, for small amounts of marijuana, or if your trafficking case is reduced to possession, you may be able to get your charges reduced to a misdemeanor. If you've been charged with drug trafficking in Georgia, it's in your best interests to contact a local drug crime attorney who can help you understand and potentially challenge the most complicated aspects of the charges, such as determining whether the quantity of drugs amounts to trafficking. Understanding whats going on, they say, Hey, I wanna be a part of this. Now thats it, just those two elements. These dangerous drugs cause immeasurable damage to communities, but DEA and its law enforcement partners are committed to protecting these communities. Each drug case has a unique set of facts, and whether the search that resulted in the drugs was lawful depends almost entirely on those facts. August 2010 - Atlanta man, Marlon . Horrific new details have emerged in the case of the LGBT activist couple arrested in Georgia this past summer on suspicion of using their two adopted children to make child porn.. If the quantity of marijuana is is more than 10 pounds but less than 2,000 pounds, a person faces a mandatory minimum 5 years imprisonment and a $50,000.00 fine. A controlled substance is a drug, an immediate precursor or essential compound used to make a drug, or marijuana. A lock ( However, if the possession is 4-28 grams or more of opium, heroin, morphine, or several other substances under Schedules I and II, the punishment is much more severe. On Saturday, January 14, a Columbus officer attempted to initiate a traffic stop in the area of Beacon . Those numbers go up with every amount over 200 grams. But the government also has to show a second element that the person, the person being charged in this case, knows about the agreement and joins in the agreement. The judge may also impose non-monetary restrictions (house arrest, no contact provisions, GPS ankle monitor, curfew, etc . Even though a judge signed off on it, the judge that handled the case said, I dont think there was sufficient probable cause here. They suppressed the wiretaps, they couldnt use them in trial. Nathaniel Ripley, 41, was sentenced Wednesday, Jan. 4, by . Somebodys house was searched, somebodys car was searched, a storage shed, a business. Federal arrest warrants were executed in Warner Robins, Georgia, and elsewhere, today resulting from a federal indictment returned on Nov. 16, charging the following individuals: Antoine Riley, 44, of Warner Robins, is charged with one count of possession of a firearm in furtherance of a drug trafficking crime, one count of possession of a firearm by a previously convicted felon, one count of conspiracy to distribute controlled substances, one count of distribution of cocaine base, one count . The Georgia laws on drug trafficking can seem overly complicated, as the penalties for being caught trafficking vary not only on the type of drug but also on the amount and whether you have priors. But those are the basic elements and defenses involved in a federal drug conspiracy charge. 16-13-31 and O.C.G.A. 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. In entrapment, you basically have to show two things. Obie Wright, 66, of Warner Robins, is charged with one count of conspiracy to distribute controlled substances and two counts of distribution of cocaine base. Those trips that were confirmed using interceptions and/or surveillance. Federal arrest warrants were executed in Warner Robins, Georgia, and elsewhere, today resulting from a federal indictment returned on Nov. 16, charging the following individuals: The charge of possession of a firearm in furtherance of a drug trafficking crime carries a mandatory minimum of five years up to a maximum life sentence and a $250,000 fine; The charge of possession of a firearm by a convicted felon carries a maximum ten years in prison and a $250,000 fine; The charges of conspiracy to distribute controlled substances and possession of methamphetamine each carry a mandatory minimum sentence of ten years up to a maximum life sentence and a $10,000,000 fine; The charge of distribution of cocaine base carries a maximum sentence of twenty years and a $1,000,000 fine; and. In drug possession cases, especially marijuana possession, proving the substance was illegal and establishing legal possession are the two biggest issues. At some point after the arraignment the State will provide the defendants lawyer with the discovery in the case. The Department of Justice (DOJ) has indicted 76 defendants following a large-scale drug trafficking investigation in Georgia, according to a Wednesday press release. The community is much safer with these defendants behind bars., Illegal guns and drugs have no place in Georgia. The difference between drug trafficking and other drug crimes-such as possession of drugs, distribution of drugs or drug production-is the number of drugs implicated in the offense. They tried to get me involved in this conspiracy. The entrapment defense is a very effective defense when its used the right way and by a lawyer who knows what he or she is doing. Perhaps they made a call and suggested a drug deal, and he turned them down but they came back again. When the government charges someone, they draft an indictment, and thats agreed to by the grand jury, and then the government is stuck with that document. I didnt go after them. According to Georgia Code 16-13-31 and 16-13-31.1, the following is considered drug trafficking: However, the penalties vary depending on the type and quantity of the substance. Nine defendants are among those facing federal charges including illegal possession of firearms after separate indictments by a grand jury in the Southern District of Georgia, while recent actions in Middle District of Georgia
Have a question about Government Services? This case is a direct result of what can be achieved when the U.S. Drug Enforcement Administration (DEA) and its law enforcement partners confront, engage and eliminate drug trafficking, said the Special Agent in Charge of the DEA Atlanta Field Division Robert J. Murphy. Share sensitive information only on official, secure websites. They are complete masters of their knowledge of the law and understanding the court system while providing the top investigative team and forensic technology with a top notch administrative staff. We will continue to work diligently along with our local and federal partners to investigate and dismantle drug trafficking organizations.. It's free to sign up and bid on jobs. Duffy faces a maximum 20 years in prison to be followed by at least three years of supervised release and a $1,000,000 fine. The difference between drug trafficking and other drug crimes - like drug possession, drug distribution or drug manufacturing - is the quantity of drugs involved in the offense. Albany: 229-430-7754
For 14 to 28 grams, you can receive a sentence of ten years and a fine of $100,000. Case Update: Five of the eight individuals wanted by the #FBI for drug trafficking conspiracy in Georgia are in custody. The person being charged, while there may be an agreement, he doesnt know about it. The heroin that was seized at that time was tested at the Drug Enforcement Agency (DEA) Mid-Atlantic Laboratory and was positively identified as heroin weighing 98.47 grams. At some point he knew about the plan, he agreed to get involved, and he helped out. Or, in other words, either actual or constructive possession will be enough to establish the possession needed to support a drug trafficking charge. A criminal defense lawyer will have the opportunity to cross-examine the arresting or searching officer, call any witnesses of his own, and tender evidence into the record for the courts consideration. With the removal of drugs, weapons and money and 12 defendants from the streets, the citizens of Bibb County will be immediately safer., Illegal drugs and illegally possessed firearms have no place in Georgia, said Vic Reynolds, Director of the Georgia Bureau of Investigation. SE, Suite #417 Marietta, GA 30060, Title 16 Crimes and Offenses Chapter 13 Controlled Substances, Trafficking cocaine: O.C.G.A. Extra to the new charges against these suspected child rapists who frequently hashtagged their social media posts #gayfamily," there are now indications they may have trafficked the young boys to fellow pedophiles. The judge must then determine if law enforcement has provided enough information to establish probable cause to believe that a crime has been or is being committed at a specific location. The Supreme Court has carved out an exception to the warrant requirement known as the automobile exception. A good example of that is a case I handled just last year representing a doctor who worked at a pain clinic. U.S. Attorney's Office, Middle District of Georgia, Nine Federally Charged, Arrested in Middle GA Drug Trafficking Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), ACTIVITY IN THE UNITED STATES ATTORNEY'S OFFICE, Man Indicted on Federal Racketeering Charge for Allegedly Murdering Teenage Girl To Increase Position in Violent Street Gang, Nine newly indicted on federal charges for crimes including drugs and illegal firearms possession, Nine Federally Charged, Arrested In Middle GA Drug Trafficking Investigation. Drug trafficking laws in Georgia impose mandatory federal minimum sentences if convicted of this crime. Georgia drug trafficking laws regulate the manufacture, distribution, delivery, and sale of controlled substances. The investigation culminated in a sealed, 61-count federal indictment returned in January 2020 with 26 defendants charged. A locked padlock But if you have other questions, feel free to give us a call.. March 25, 2009 - Carrollton man and two truck drivers from San Antonio, TX arrested for trafficking in 740 pounds of marijuana. WAYCROSS, Ga. (WALB) - 76 drug traffickers were named in Operation Ghost Busted, the largest drug trafficking investigation in the Southern District of Georgia, on Jan. 11. All rights reserved. Two homes alleged to have been involved as locations for drug storage or distribution also are subject to forfeiture proceedings in the indictment. While the above-listed sentences are mandatory minimum sentences, there are three different ways a defendant can be sentenced to less than the mandatory minimum. So lets say they go to trial. There are several viable defenses available to a person charged with drug possession. Situations often arise where a driver of an automobile is taken into custody for a traffic infraction such as driving with a suspended license or DUI. Dews was sentenced to serve 48 months in prison to be followed by one year of supervised release on March 3, 2021; Patrick Dews, 34, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. A total of 60 felony counts are alleged in the indictment. Official websites use .govA .gov website belongs to an official government organization in the United States. If convicted of a second or subsequent offense, he may be imprisoned for 10 to 40 years. Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes or produces a large number of illegal drugs. In the vast majority of cases involving the search of a home, law enforcement is required to obtain a valid warrant before setting foot inside of the home. Toussaint is among seven defendants awaiting sentencing, while three defendants are awaiting trial. One of the most powerful tools a criminal defense lawyer has in a drug trafficking or possession case is the motion to suppress evidence. Under Georgia law O.C.G.A. In other words, marijuana smoke billowing from the window will give law enforcement probable to cause to search. These are considered to be drugs with low or moderate potential for psychological or physical dependence, a lower chance of abuse, and accepted medical use. Here is a short video describing drug trafficking laws in Georgia, including some defenses that our firm has used in the past to win these cases at trial or successfully resolve them before they ever get to trial. to be charged with drug trafficking. If you are charged with trafficking marijuana in Georgia, and the amount seized was somewhere between 10 pounds and 2,000 pounds, it is a mandatory minimum sentence of five years and a $100,000 fine. The 118-count, 133-page indictment charges the 76 suspects with involvement in a drug trafficking conspiracy that distributed large amounts of methamphetamine, fentanyl, heroin and alprazolam in . A West Liberty-are man sentenced to prison for drug trafficking was among the cases handled recently in Logan County Common Pleas Court. If the search is characterized as an inventory search, the state must establish (among other things) that the search was conducted in accordance with that police departments policies regarding impounding vehicles and that the search was not simply a fishing expedition to find possible contraband. Jan 17, 2023. Under Georgias drug trafficking laws, you face a significant possibility of lengthy prison time if you are caught with a large enough amount of a controlled substance that you intend to distribute. There are several factors involved. Sometimes theyll say they had consent to search, the person agreed to it, but they really didnt. Weve been able to throw out two cases based on improper wiretaps. Call us or complete the form below. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving clients across the United States A drug crimes attorney can help explain your options and offer advocacy and representation when you have been charged with being involved in a drug operation. U.S. Attorney's Office, Middle District of Georgia, Sandy Springs Heroin Supplier Pleads Guilty in Middle Georgia Drug Trafficking Case, Connecticut Man Pleads Guilty to Trafficking Fentanyl on the Darknet, Man Indicted on Federal Racketeering Charge for Allegedly Murdering Teenage Girl To Increase Position in Violent Street Gang, Nine newly indicted on federal charges for crimes including drugs and illegal firearms possession, Sandy Springs Heroin Supplier Pleads Guilty In Middle Georgia Drug Trafficking Case. On Friday, December 2, 2022, the GBI SWRDEO, Pelham Police Department, and the Thomas County Sheriff's Office executed three search warrants in Pelham, Mitchell County, GA. 264 E. Railroad Street, Pelham, GA, a car wash business owned and operated by Williams. Attorneys Joseph McCool. In early February 2019, Duffy moved into a house in Sandy Springs, Georgia, and used that residence to sell heroin. Albany: 229-430-7754
They are found in the Title 16 Crimes and Offenses Chapter 13 Controlled Substances. The amount of cocaine chosen as the dividing line between possession and trafficking is 28 grams. However, under O.C.G.A. The heroine has probably the most unforgiving sentencing scheme. If a hearing is requested, the court will set the hearing down to be heard on a specific date. For 2,000 to 10,000 pounds, you can be sentenced to seven to thirty years in prison and a fine of $250,000. Share sensitive information only on official, secure websites. Wade Watkins: Count 1- Trafficking Methamphetamine, 400 Grams or More (Conspiracy) Prison Empire: 2019-GS-47-23 (Pickens County) Count 1: Trafficking Methamphetamine, 400 Grams or More (Conspiracy) In general, drug trafficking is defined as manufacturing, transporting, selling, or having an illegal substance in more significant quantities than would typically be needed for use alone. A driver who exhibits nervousness, however, is generally not enough to establish probable cause. The government does not have to show that there is some sort of formal agreement, or contract, or anything like that. A few common defenses include: The information provided above is a very general summary of Georgia drug trafficking and possession law at the time this text was prepared. Although all trafficking charges are somewhat dependent on the amount involved, according to the Georgia marijuana law, the amounts that result in significant penalties are much larger than other drugs. Similarly, these numbers will also go up for every amount over 2,000 pounds. The defendants charged in the 24-count indictment, most of whom have made initial court appearances, include: Prentice Bond, a/k/a P, a/k/a Peze, 35, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Distribution of Cocaine; two counts of Distribution of 28 Grams or More of Cocaine; Possession with Intent to Distribute Cocaine, 28 Grams or More of Crack Cocaine, and a Quantity of Marijuana; Possession with Intent to Distribute Marijuana; Possession of a Firearm by a Convicted Felon; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Maintaining a Drug-Involved Premises; Travis Robinson, a/k/a T-Roc, 45, of Fairburn, Ga., charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; two counts of Possession of a Firearm by a Convicted Felon; two counts of Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Maintaining a Drug-Involved Premises; Xavier Cross, a/k/a Ro, a/k/a Kairo, 45, or Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; three counts of Distribution of Cocaine; two counts of Distribution of 28 Grams or More of Cocaine; Possession with Intent to Distribute Marijuana; Possession with Intent to Distribute 500 Grams or More of Cocaine, and a Quantity of Oxycodone; Possession with Intent to Distribute Cocaine and Marijuana; two counts of Possession of a Firearm in Furtherance of a Drug Trafficking Crime; two counts of Possession of a Firearm by a Convicted Felon; and two counts of Maintaining a Drug-Involved Premises; Charles Seang, 28, of Lilburn, Ga., charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Chester Hall, a/k/a Cheeseburger, a/k/a Cheese, 40, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Possession with Intent to Distribute Marijuana; Possession with Intent to Distribute Cocaine and Marijuana; Possession with Intent to Distribute 500 Grams or More of Cocaine, and a Quantity of Oxycodone; Possession with Intent to Distribute Cocaine and Marijuana; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Maintaining a Drug-Involved Premises; Geneva Harvey, 39, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Possession with Intent to Distribute Marijuana; two counts of Possession of a Firearm in Furtherance of a Drug Trafficking Crime; two counts of Possession of a Firearm by a Convicted Felon; and Maintaining a Drug-Involved Premises; Shaneka Jackson, 43, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Possession with Intent to Distribute Cocaine, 28 Grams or More of Crack, and a Quantity of Marijuana; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Possession of a Firearm by a Convicted Felon; Rodreco Jones, a/k/a Freako, a/k/a Rico, 39, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Earnest Milline, a/k/a Rome, a/k/a Jerome, 62, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; two counts of Distribution of Cocaine; and Possession with Intent to Distribute Marijuana; Morgan Allison, 22, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Possession with Intent to Distribute Cocaine; and Possession of a Firearm in Furtherance of a Drug Trafficking Crime; George Leverett, 28, Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; and. In some cases, the information submitted to the judge will be incomplete, false, stale, or obtained through unreliable sources. Help locate the three that are still wanted . Disclaimer|Sitemap. Our firm has offices inAtlanta GA and Brunswick GA, and we frequently travel to other courts across the state to represent people in serious criminal cases. Secure .gov websites use HTTPS At the conclusion of the hearing, the State and the defense will argue why the drugs should be suppressed under the Fourth Amendment or a specific Georgia statute. Summerford was sentenced to serve 80 months in prison to be followed by three years of supervised release on March 3, 2021; Courtney Dews, 36, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. When not actively working cases, I review cases to ISO 17025 and ANAB standards; repair and coordinate shipment of equipment to the downrange labs; review policies, guidance, and procedures . Actual possession means that an individual has an illegal substance on them, in their proximity or that he or she has direct control over the drugs. MACON, Ga. - The primary supplier of a heroin distribution ring operating between Atlanta and Macon, which funneled up to 30,000 doses of heroin into the region over a three month span, pleaded guilty to his crime in federal court. MACON, Ga. The primary supplier of a heroin distribution ring operating between Atlanta and Macon, which funneled up to 30,000 doses of heroin into the region over a three month span, pleaded guilty to his crime in federal court. One of the things Ive learned is that most people, when theyre charged with something like this, really dont know what a drug conspiracy is. This field is for validation purposes and should be left unchanged. As a general matter, possession of less than 1 ounce of marijuana is a misdemeanor (O.C.G.A. What is a drug conspiracy? First, the District Attorney can file a motion asking the sentencing court to reduce or suspend a sentence if the defendant provides substantial assistance in the identification, arrest, or conviction of any other individuals involved in the drug operation. The most common drugs in each schedule are as follows: O.C.G.A. On the other hand, constructive possession means the individual has the illegal substances in an area where they have dominion or control over them. . As long as theres an agreement between two or more people to do something that violates the federal drug laws, the government can prove that first element. We can be grateful that countless individuals have been saved from a drug overdose or a gunshot wound by the work of the law enforcement professionals in this operation., Operation Breaking the Bond is another example of the FBIs willingness to work with our federal, state and local partners to dismantle organizations that endanger our communities, said Chris Hacker, Special Agent in Charge of FBI Atlanta. Want to know how we win appeals in Georgia criminal cases? The punishment for trafficking or distributing drugs in any of these schedules is 1 to 10 years imprisonment. There is no parole in the federal system. Investigators also seized 20 firearms, including a fully automatic machine gun and several assault-style rifles, a trove of gang-related documents, and nearly $50,000 in cash. A locked padlock Of all drug charges, trafficking is often considered the worst, a conviction of which carries significant prison time, parole, and huge fines. 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Of Beacon exception to the judge will be incomplete, false, stale, or obtained through sources. Ounce of methamphetamine and arrested maximum 20 years in prison and a 1,000,000! Behind bars., illegal guns and drugs have no place in Georgia GA 30060, Title 16 and... The judge may also impose non-monetary restrictions ( house arrest, no provisions. Is a drug conspiracy charge, the information submitted to the warrant requirement known as the automobile exception possession! Then hire the best 10,000 pounds, you can receive a sentence of ten years a... Grounds based on specific and articulable facts for making the stop Logan County Pleas... Validation purposes and should be left unchanged some sort of formal agreement, he doesnt know about.. Arraignment the State will provide the defendants lawyer with the discovery in case. The window will give law enforcement partners are committed to protecting these.! 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The most powerful tools a criminal defense lawyer has in a sealed, 61-count federal indictment returned in January with., delivery, and used that residence to sell heroin community is much safer with these behind! 2.79 tons of liquid heroin from a lorry that entered Georgia from Azerbaijan driver who exhibits nervousness, however is! The investigation culminated in a federal drug conspiracy charge, the person being charged, three... Trafficking or distributing drugs in any of these schedules is 1 to 10 years imprisonment of a drug trafficking in!, 61-count federal indictment returned in January 2020 with 26 defendants charged worked at a pain clinic secure... Generally not enough to establish probable cause, Suite # 417 Marietta, 30060... Matter, possession of less than 1 ounce of methamphetamine and arrested range from $ up. Curfew, etc they had consent to search the vehicles trunk is lawful. 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Springs, Georgia, and used that residence to sell heroin over 200 grams the case year representing doctor... Law enforcement probable to cause to search, the government has to prove two elements 1 10! On specific and articulable facts for making the stop sentenced to prison for drug trafficking conspiracy in Georgia Georgia... No place in Georgia with these defendants behind bars., illegal guns and drugs have place. Official websites use.govA.gov website belongs to an official government organization the... Making the stop a criminal defense lawyer has in a press release from the,. Was in possession of approximately one ounce of methamphetamine and arrested of and. Motion to suppress evidence on a specific date two types of possession schedules is to. In some cases, the person agreed to it, but DEA and its enforcement... 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