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Description: Martinsburg, West Virginia criminal law lawyer represented Defendant charged with conspiracy to possess with intent to distribute drugs.

Brett Leonza Freeman, 38, from Wiley Ford, West Virgina, pleaded guilty to one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine Hydrochloride and Cocaine Base.” Freeman admitted to working with others to sell cocaine from July 2020 to August 2021 in Mineral County and elsewhere.

Freeman faces up to 20 years of incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Lara Omps-Botteicher is prosecuting the case on behalf of the government. The Potomac Highlands Drug Task Force, a HIDTA-funded initiative, and the Bureau of Alcohol, Tobacco, Firearms & Explosives investigated.

CONSPIRACY TO DISTRIBUTE CONTROLLED SUBSTANCE
(1)

21 U.S.C. 846 provides:

Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.

CONTROLLED SUBSTANCE - SELL, DISTRIBUTE, OR DISPENSE
(2-3)

(a) It shall be unlawful for any person—
(1) to engage in the business of importing, manufacturing, or dealing in explosive materials without a license issued under this chapter;
(2) knowingly to withhold information or to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive for the purpose of obtaining explosive materials, or a license, permit, exemption, or relief from disability under the provisions of this chapter;

* * *

UNLAWFUL TRANSPORT OF FIREARMS, ETC.
(4)

18 U.S.C. 922 provides:

(a) It shall be unlawful—

(1) for any person—

(A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or

(B) except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce;

* * *

VIOLENT CRIME/DRUGS/MACHINE GUN
(5)

18 U.S.C. 922(a)(4)

(4) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, to transport in interstate or foreign commerce any destructive device, machinegun (as defined in section 5845 of the Internal Revenue Code of 1986), short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Attorney General consistent with public safety and necessity;

Outcome: Defendant pleaded guilty.

Plaintiff's Experts:

Defendant's Experts:

Comments: