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Description: Muskogee, Oklahoma criminal lawyer represented Defendant charged with conspiracy to distribute drugs.


Nelson and two codefendants, Robert James Jackson (“Jackson”) and Andrew Cimone Golston (“Golston”) (collectively “Defendants”), were charged by indictment in October 2021. Dkt. No. 2. All three Defendants are charged with drug conspiracy related to alleged distribution and possession with intent to distribute fifty (50) grams or more of actual methamphetamine. Id. at 1-2. It lists eighteen (18) overt acts of the conspiracy: seventeen (17) involving Jackson, four (4) involving Nelson, and two (2) involving Golston. Id. at 3-5.[1] In addition to the drug conspiracy count brought against all Defendants, the indictment also alleges ten (10) counts of distribution of methamphetamine against Jackson; one (1) count of possession with intent to distribute methamphetamine against Nelson; and one (1) count of distribution of methamphetamine against Golston. Id. at 5-8.

The possession count alleged against Nelson arose from a traffic stop performed by two state law enforcement officers on January 28, 2021. Dkt. No. 141 at 4. The traffic stop was part of a joint operation by the Drug Enforcement Administration (“DEA”), Oklahoma Bureau of Narcotics, and local McCurtain County law enforcement. Dkt. No. 145 at 2. Nelson was arrested and charged with simple possession of methamphetamine in violation of 63 O.S. § 2-402 in Oklahoma state court. Dkt. No. 141 at 5. He pled guilty, served 120 days, and was assessed costs. He was later indicted for the same conduct in this federal case with possession with intent to distribute methamphetamine under a federal statute, 21 U.S.C. § 841. Id.; Dkt. No. 2 at 7.

Nelson has repeatedly asserted his innocence, first in writing [see Dkt. No. 91] and later orally at a status conference on August 4, 2022. He also sought severance from Jackson and Golston, which the Court recently denied. Dkt. No. 110; Dkt. No. 136. Nelson now seeks dismissal of both claims brought against him, claiming the indictment fails to allege an offense regarding conspiracy and violates double jeopardy regarding possession with intent. Dkt. No. 141.

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Outcome: Denied.

Plaintiff's Experts:

Defendant's Experts:

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