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Date: 05-26-2020

Case Style:

United States of America v. Levy Smith, IV

Case Number: 3:19-cr-00135-TMR

Judge: Thomas M. Rose

Court: United States District Court for the Southern District of Ohio (Montgomery County)

Plaintiff's Attorney: United States District Attorney’s Office

Defendant's Attorney:


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Dayton, OH - The United States of America charged Levy Smith, IV with drug trafficking.

Levy Smith IV, 36, of Dayton, was sentenced to 72 months in prison. He is currently in custody and was sentenced via video conference from prison.



According to his plea agreement, on May 28, 2019, Smith sold 83 grams of fentanyl for $6,000 in cash.



In February 2019, investigators received information about the Diamond Cut drug organization distributing drugs from the Saint Clair Lofts located on South Saint Clair Street in Dayton. The co-conspirators were allegedly keeping large amounts of fentanyl, heroin and several firearms in an abandoned green Ford sedan in the parking lot behind the Lofts.



The co-conspirators allegedly moved their drug operations from the Saint Clair Lofts to North Upland Avenue in March 2019.



Drug stash houses were also maintained on Homesite Drive in Harrison Township and Kipling Drive and Belmont Park North in Dayton.



Others charged in this case include: James Easterling and Benjamin G. Vaughn. Easterling, who admitted to selling 112 grams of fentanyl and heroin in Montgomery County in exchange for several thousand dollars in cash, was sentenced last month to 60 months in prison.



Vaughn was sentenced in March 2020 to 60 months in prison.



Vaughn was a defendant in a 2008 drug trafficking case prosecuted by this office and involving several other individuals. In that case, Vaughn was sentenced to 151 months in federal prison.



In 2018, three other Diamond Cut associates were sentenced in federal court in Dayton for drug and gun crimes. Clarence Winn, Jr. – a Dayton rap artist known as “Chaos” – was sentenced to 108 months in prison. His relative, Larry Winn, was sentenced to 60 months in prison. Darrius J. Reynolds was sentenced to 18 months in prison.



Another five alleged Diamond Cut members were prosecuted federally after a 2012 arrest. They included: Brandon Lee “Ace” Smith, Quinton “Big Mike” Clemons, Leo “Butter” Boykins, Quinten “Q” Robinson and Marcus “Roscoe” Ross.



David M. DeVillers, United States Attorney for the Southern District of Ohio, Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Vance Callender, Special Agent in Charge, Homeland Security Investigations (HSI); Montgomery County Sheriff Rob Streck and officials with the FBI’s Southern Ohio Safe Streets Task Force and Montgomery County Sheriff’s Office RANGE Task Force announced the sentence imposed by Senior U.S. District Court Judge Thomas M. Rose. Assistant United States Attorneys Brent G. Tabacchi and Elizabeth Rabe are representing the United States in this case.


21 U.S.C. §§ 841(a)(1) and (b)(1)(B) - Distribution of 40 grams or more of a mixture or substance containing a detectable amount of fentanyl , a Schedule II controlled substance ; 10 grams or more of a mixture or substance containing a detectable amount of acetyl fentanyl, a Schedule II controlled Substance
(2)

Outcome: Sentenced to the BOP for a period of 72 months. No fine. No Restitution. $100 S/A. 4 years Supervised Release with special conditions. 40 hours of community service.

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