Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 07-04-2019
Case Style:
United States of America v. Alvin Gardner and Antonio Lancaster
Case Number: 1:18-cr-00194;1:19-cr-00016
Judge: David A. Faber
Court: United States District Court for the Southern District of West Virginia (Mercer County)
Plaintiff's Attorney: John File
Defendant's Attorney: Wayne L. Evans for Antonio Lancaster
Lorena Litten - FPD for Alvin Gardner
Description:
Bluefield, WV - Defendants Sentenced in Federal Court
Alvin Gardner, 31, of Bluefield, was sentenced to 151 months in prison for distribution of oxymorphone. Gardner pled guilty in February, admitting that he sold a quantity of oxymorphone to an informant on August 15, 2018, in Bluefield. He further admitted that he sold oxymorphone to an informant on three other occasions in August of 2018, and that on August 21, 2018 authorities found 193 oxymorphone pills, 165 oxycodone pills and $4655 in his Bluefield residence. The case was investigated by the Southern Regional Drug and Violent Crime Task Force under the Bluefield Pill Initiative, part of a joint law enforcement effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illegal distribution of prescription pills and other drugs in communities across Southern West Virginia.
Antonio Lancaster, 36, an inmate at the Federal Correctional Institution at McDowell, was sentenced to 15 months in prison for possession of a weapon by an inmate. Lancaster pled guilty in March, admitting that on December 6, 2018, he possessed a handcrafted weapon known as a “shank” while he was incarcerated at the prison. The case was investigated by the Federal Bureau of Prisons.
“Two more convicted felons headed to the federal pen,” said United States Attorney Mike Stuart. “On average, 130 people each day die from opioids. 130 people. We have super-charged enforcement efforts and we are making a difference. We have taken a ‘tough on crime’ approach. Those in our community that break federal law, cause violence on our streets, and aid the deterioration of the social fabric of our families and communities will not be treated with kid gloves by this office. And once prosecuted and incarcerated, we fully expect each inmate to follow the rules. There is simply no excuse for breaking the law, being convicted and sentenced, and, while incarcerated, placing our prison guards and workers in harm’s way. No excuse whatsoever.”
Outcome: Gardner:
21:841(a)(1) Distribution of Oxymorphone
(1-3) dismissed on government's motion
21:841(a)(1) Distribution of Oxymorphone
(4) 151 month term of imprisonment, 3 years Supervised Release, $100 Special Assessment
07/03/2019 77 SEALED MEMORANDUM OF SENTENCING HEARING AND REPORT OF STATEMENT OF REASONS as to Alvin Gardner (signed by Senior Judge David A. Faber on 7/3/2019) (cc: defendant's counsel, USA and USP) (Attachment: # 1 Statement of Reasons) (arb)
07/03/2019 78 JUDGMENT as to Alvin Gardner Counts 1-3 and 5: dismissed on government's motion; Count 4: 151 month term of imprisonment, 3 years Supervised Release, $100 Special Assessment. Defendant was remanded to the custody of the United States Marshal. Signed by Senior Judge David A. Faber on 7/3/2019. (cc: defendant and counsel, USA, USM and USP) (arb)
07/03/2019 79 TRANSMITTED CERTIFIED COPY of 78 Judgment as to Alvin Gardner to defendant and counsel, USA, USM (3) and USP. (arb)
Lancaster
18 U.S.C. Section 1791(d)(1)(B) INMATE IN POSSESSION OF SHANK and 18 U.S.C. Sections 1791(a)(2) and 1791(b)(3) PENALTIES
(1) 15 months, 3 years supervised release, $100 special assessment
Plaintiff's Experts:
Defendant's Experts:
Comments: