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Date: 09-03-2021
Case Style:
Case Number: 3:20-cr-00065-JWD-SDJ
Judge: John W. deGravelles
Court: United States District Court for the Middle District of Louisiana (East Baton Rouge County)
Plaintiff's Attorney: United States Attorney’s Office
Defendant's Attorney:
Description: Baton Rouge, LA: Possession with the intent to distribute heroin, methamphetamine, Xanax and Tramadol and possession of a firearm in furtherance of a drug trafficking criminal defense lawyer represented Defendant, Brian Spears, age 43, of Baker, Louisiana.
On November 4, 2019, deputies with the East Baton Rouge Parish Sheriff’s Office sought and obtained a search warrant for Spears’ residence based on learning Spears was selling illegal drugs from his residence. On November 12, 2019, EBRSO deputies observed Spears leave his residence and drive to a nearby house a few blocks away. Deputies followed Spears and arrested him as he exited from his vehicle. A loaded AK-47 was found on the driver’s floorboard of Spears’ vehicle.
EBRSO deputies then executed the search warrant of Spears’ residence, where they found 90.8 grams of heroin, 2.6 grams of methamphetamine, 16 dose units of Xanax, and 2 dose units of Tramadol, a digital scale, and a loaded Glock 21, 9mm handgun. EBRSO also found three children under the age of 10 in the home alone when they arrived. Spears’ residence is less than 900 yards from an East Baton Rouge Parish school. Both the Ak-47 and the Glock 21 were loaded with extended round magazines.
Acting U.S. Attorney Travis stated, “This conviction and sentence of a repeat offender reaffirms our commitment to fight violence by investigating, arresting, and prosecuting convicted criminals who decide to illegally possess firearms and sell drugs. Great credit goes to our partnership with local authorities for this result. I want to thank our prosecutor, the ATF, and the East Baton Rouge Sheriff’s Office for their work on this case.”
“One of ATF’s primary missions is to investigate illegal possession of firearms by violent offenders,” said ATF New Orleans Field Division Special Agent in Charge Kurt Thielhorn. “The sentence imposed today is an example of ATF’s partnership with the East Baton Rouge Sheriff’s Office to identify and investigate individuals that plague our communities with gun violence and drugs.”
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the East Baton Rouge Sheriff’s Office. It was prosecuted by Assistant United States Attorney Jessica M.P. Thornhill.
Outcome: 08/04/2021 40 JUDGMENT as to Brian Spears (1), Count(s) 1, 3, Imprisonment for a total term of 52 months on Count 1, and 60 months on Count 3, to run consecutively, for a total of 112 months. Supervised Release for a term of three years, on each of Count 1 and Count 3, to run concurrently for a total of three years. Assessment in the amount of $200.00. Signed by Judge John W. deGravelles on 8/3/2021. (LLH) (Entered: 08/04/2021)
08/04/2021 42 GENERAL ORDER as to Brian Spears: All pleadings and other papers filed under seal in civil and criminal actions shall be maintained under seal for thirty days following final disposition of the action. After that time, all sealed pleadings and other papers shall be placed in the case record unless a District Judge or Magistrate Judge, upon motion and for good cause shown, orders that the pleading or other paper be maintained under seal.
The deadline for filing any motions regarding the unsealing of any document shall be within thirty days of the final disposition of any action and shall contain a concise statement of reasons for maintaining the pleading or other paper under seal.
ATTENTION: If a motion to retain documents under seal is NOT filed, all documents shall be placed in the public case record, unless specifically identified in the attached General Order
. Signed by Chief Judge Shelly D. Dick on 7/8/2019. (LLH) (Entered: 08/04/2021)
08/04/2021 DISMISSAL OF COUNTS on Government Motion as to Brian Spears. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry) (LLH) (Entered: 08/04/2021)
Plaintiff's Experts:
Defendant's Experts:
Comments: