Click Here to Watch How To Find A Lawyer by Kent Morlan
Click Here For The Best Denver Criminal Defense Lawyer Directory
If no lawyer is listed, call 918-582-6422 and MoreLaw will help you find a lawyer for free.
Description: Denver, Colorado criminal law lawyer represented Defendant charged with possession with intent to distribute methamphetamine, possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm by a convicted felon.
In February of 2020, Scott Lowe, age 38, from Denver, was discovered in possession of 24.7 grams of methamphetamine, along with a loaded semiautomatic pistol, scales, and other items used to traffic narcotics, in a storage unit within his apartment complex. At the time, Lowe was under the supervision of the United States District Court of Colorado Probation Office for a separate violation of law, and was hiding the contraband in storage unit to avoid detection from probation officers.
Judge William J. Martinez presided over the three day trial. The jury returned its verdict on October 13, 2022. Lowe will be sentenced on May 3, 2023.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case, along with the Denver Police Department. The prosecution was handled by Assistant United States Attorneys Tom Minser and Conor Flanigan.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
21 U.S.C. § 841(a)(1) and 21 U.S.C. § 841(b)(1)(C) Possession with the Intent to Distribute Methamphetamine
(1s)
(a) Unlawful acts
Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally—
(1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or
(2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.
18 U.S.C. § 924(c)(1)(A)(i) - Possession of a Firearm in Furtherance of a Drug Trafficking Crime
(2s)
(a)(1) Except as otherwise provided in this subsection, subsection (b), (c), (f), or (p) of this section, or in section 929, whoever—
(A) knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter or in applying for any license or exemption or relief from disability under the provisions of this chapter;
(B) knowingly violates subsection (a)(4), (f), (k), or (q) of section 922;
(C) knowingly imports or brings into the United States or any possession thereof any firearm or ammunition in violation of section 922(l); or
(D) willfully violates any other provision of this chapter,
18 U.S.C. § 922(g)(1) Felon in Possession of a Firearm
(3s)
g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a
crime punishable by imprisonment for a term
exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to
any controlled substance (as defined in section
102 of the Controlled Substances Act (21 U.S.C.
802));
(4) who has been adjudicated as a mental de-
fective or who has been committed to a men-
tal institution;
(5) who, being an alien—
(A) is illegally or unlawfully in the United
States; or
(B) except as provided in subsection (y)(2),
has been admitted to the United States
under a nonimmigrant visa (as that term is
defined in section 101(a)(26) of the Immigra-
tion and Nationality Act (8 U.S.C.
1101(a)(26)));
(6) who has been discharged from the Armed
Forces under dishonorable conditions;
(7) who, having been a citizen of the United
States, has renounced his citizenship;
(8) who is subject to a court order that—
(A) was issued after a hearing of which
such person received actual notice, and at
which such person had an opportunity to
participate;
(B) restrains such person from harassing,
stalking, or threatening an intimate partner
of such person or child of such intimate
partner or person, or engaging in other con-
duct that would place an intimate partner in
reasonable fear of bodily injury to the part-
ner or child; and
(C)(i) includes a finding that such person
represents a credible threat to the physical
safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the
use, attempted use, or threatened use of
physical force against such intimate partner
r child that would reasonably be expected
to cause bodily injury; or
(9) who has been convicted in any court of a
misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign com-
merce, or possess in or affecting commerce, any
firearm or ammunition; or to receive any fire-
arm or ammunition which has been shipped or
transported in interstate or foreign commerce.
Outcome: 10/13/2022 155 MINUTE ENTRY for Jury Trial Day 3 as to Scott Lowe held before Judge William J. Martinez on 10/13/2022. Denying Defendant's Rule 29 Motion of Acquittal. Evidence closed. Denying Defendant's Renewed Rule 29 Motion of Acquittal. Charging Conference. Defendant was found Guilty on Counts 1s, 2s, 3s of the Superseding Indictment. Trial concluded. Court Reporter: Mary George. (hguer) (Entered: 10/14/2022)
10/13/2022 156 Jury Instructions as to Scott Lowe. (hguer) (Entered: 10/14/2022)
10/13/2022 157 Jury Instructions - Phase Two as to Scott Lowe. (hguer) (Entered: 10/14/2022)
10/13/2022 158 EXHIBIT LIST as to Scott Lowe for Jury Trial held 10/11/2022 through 10/13/2022. (hguer) (Entered: 10/14/2022)
10/13/2022 159 WITNESS LIST as to Scott Lowe for Jury Trial held 10/11/2022 through 10/13/2022. (hguer) (Entered: 10/14/2022)
10/13/2022 160 Jury Notes as to Scott Lowe. (hguer) (Entered: 10/14/2022)
10/13/2022 161 Jury Notes - Unredacted - Restricted Doc. - Level 4. (hguer) (Entered: 10/14/2022)
10/13/2022 162 JURY VERDICT as to Scott Lowe. (hguer) (Entered: 10/14/2022)
10/13/2022 163 Jury Verdict Un-Redacted - Level 4 - Viewable by Court Only. (hguer) (Entered: 10/14/2022)
10/13/2022 164 JURY VERDICT - PHASE TWO as to Scott Lowe. (hguer) (Entered: 10/14/2022)
10/13/2022 165 Jury Verdict - Phase Two Un-Redacted - Level 4 - Viewable by Court Only. (hguer) (Entered: 10/14/2022)
Plaintiff's Experts:
Defendant's Experts:
Comments:
