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Case Number: 1:19-cr-00033-SL
Judge: Sara Lioi
Court: United States District Court for the Northern District of Ohio (Cuyahoga County)
Plaintiff's Attorney: United States District Attorney’s Office
Description: Cleveland, Ohio drug distribution charge criminal defense lawyer represented Defendant, Kadeem Davis, 31, of Cleveland, was with one count of distribution of fentanyl and heroin.
“Thousands of lives have been lost and an untold amount of pain and suffering has been endured by friends and families in this District and throughout the country as a result of the opioid epidemic,” said Acting U.S. Attorney Bridget M. Brennan. “Drug dealers who exploit the vulnerabilities that addiction creates should be prepared to serve lengthy prison sentences.”
According to an affidavit in this case, on August 21, 2018, Lakewood police were called to respond to a residence for a report of a male who had overdosed. Police and paramedics found the victim at the scene, unconscious and shallowly breathing. Paramedics administered Narcan, and the victim was transported to the hospital, where he later died.
Police began an investigation into this incident and recovered suspected heroin and a cell phone in the victim’s room. The suspected heroin later tested positive as a mixture of heroin and fentanyl. Police examined the victim’s cell phone and located a text message conversation indicative of the victim reaching out to a contact labeled as “Dopeman.” The context of the conversation indicated that ‘Dopeman” had met with the victim and sold him the heroin and fentanyl mixture.
On August 22, police sent a message to “Dopeman” posing as the victim in order to attempt to obtain more narcotics. Police, acting as the victim, requested the same “heroin” as the day before and arranged a meeting at a local Burger King. After confirming that Davis was, in fact, “Dopeman”, he was arrested by police.
Davis was found to be in possession of the cell phone that “Dopeman” was using and a plastic bag containing a purple powder similar to the substance found in the victim’s room. The substance later tested positive for a mixture of heroin and fentanyl. A search warrant was subsequently obtained for Davis’s cell phone records, and he was found to be in close proximity to the victim on the same day and around the same time of the overdose.
This case was investigated by the Lakewood Police Department. It was prosecuted by Assistant U.S. Attorneys Kevin P. Pierce and Segev Phillips.
21:841(a)(l) and (b)(l)(C)) Distribution of Heroin and Fentanyl with enhanced penalty, Death or Serious Bodily Injury Resulting from Use of Controlled Substance
21:843(b) Use of a Communication Facility in Furtherance of a Drug Trafficking Crime
Outcome: Custody of the United States Bureau of Prisons to be imprisoned for a term of 360 months. This term consists of 360 months as to count 1, 48 months as to each of counts 2 and 4, and 240 months as to count 3, all such terms to run concurrently, with credit for time served to date. The Court recommends that the defendant participate in any substance abuse program for which he qualifies at that designated facility; that the defendant receive mental health evaluation and treatment, including anger management; that the defendant participate in any trades programs offered. Supervised Release for 3 years. This term consists of 3 years as to counts 1 and 3 and 1 year as to counts 2 and 4, all such terms to run concurrently, with Mandatory Conditions, Standard Conditions, and the following Special Conditions: Substance Abuse Treatment and Testing; Mental Health Treatment; Search/Seizure; Denial of Federal Benefits. Restitution ordered. Special Assessment $400.00.