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United States v. Muschetta

United States District Court, D. Columbia.

August 5, 2015

UNITED STATES OF AMERICA
v.
DEMETRIUS MUSCHETTA, et al., Defendants

For DEMETRIUS MUSCHETTA, also known as, MEECHIE, Defendant: Brian Keith McDaniel, LEAD ATTORNEY, MCDANIEL LAW GROUP, PLLC, Washington, DC.

For MYRON WILLIAMS, also known as, BLACKBIRD, also known as, BIRD, Defendant: Joseph Roll Conte, LEAD ATTORNEY, LAW OFFICE OF J.R. CONTE, Washington, DC.

For KEVIN MORRIS, also known as, KK, Defendant: Elita C. Amato, LEAD ATTORNEY, LAW OFFICES OF ELITA C. AMATO, ESQ., Arlington, VA.

For TIJUAN ARRINGTON, also known as, BUE, Defendant: Jon W. Norris, LEAD ATTORNEY, LAW OFFICES OF JON W. NORRIS, Washington, DC.

For ANDRE ARRINGTON , also known as, BALL, Defendant: Kerry Brainard Verdi, LEAD ATTORNEY, VERDI & OGLETREE PLLC, Washington, DC; Jeffrey L. Harding, PRO HAC VICE, Upper Marlboro, MD.

For DONOVAN BOSTICK, also known as, DOUG, also known as, WOODY, Defendant: James T. Maloney, LEAD ATTORNEY, MALONEY & MOHSEN, PLLC, Washington, DC.

For CHAKA AL-FATAH, also known as, BLUNT, Defendant: Atiq Rahman Ahmed, LEAD ATTORNEY, ATIQ R. AHMED, ESQUIRE, Washington, DC.

For JONATHAN TAYLOR, also known as, JOHNNY B, Defendant: Kira Anne West, LEAD ATTORNEY, LAW OFFICES OF KIRA ANNE WEST, Washington, DC.

For DONNELL ENNELS, also known as, BLACK, Defendant: Pleasant S. Brodnax , III, LEAD ATTORNEY, Washington, DC.

For RODNEY JONES, also known as, LITTLE RODNEY, Defendant: Carlos J. Vanegas, LEAD ATTORNEY, FEDERAL PUBLIC DEFENDER FOR THE DISTRICT OF COLUMBIA, Washington, DC.

For KYREE MITCHELL, also known as, K-BOB, Defendant: Joseph Virgilio, LEAD ATTORNEY, Washington, DC.

For DON WHITAKER, also known as, DON, Defendant: Andrea Antonelli, LEAD ATTORNEY, LAW OFFICE OF ANDREA ANTONELLI, ESQ., Washington, DC.

For EARICA HAMILTON, Defendant: Robert Lee Jenkins , Jr., LEAD ATTORNEY, BYNUM & JENKINS, PLLC, Alexandria, VA.

For TAMARA DAVIES-HENRY, Defendant: Diane S. Lepley, LEAD ATTORNEY, LAW OFFICES OF DIANE S. LEPLEY, Washington, DC.

For USA, Plaintiff: John K. Han, Todd William Gee, LEAD ATTORNEYS, U.S. ATTORNEY'S OFFICE FOR THE DISTRICT OF COLUMBIA, Washington, DC.

Page 341

MEMORANDUM OPINION

BERYL A. HOWELL, United States District Judge.

Defendants Andre Arrington, Kyree Mitchell and Myron Williams have been indicted, along with eleven co-defendants, with conspiring to distribute and possess with intent to distribute varying amounts of heroin and cocaine, in violation of 21 U.S.C. § 846. See Indictment, Count One, ECF No. 1.[1] Following detention hearings before Magistrate Judges, each of these defendants was ordered to be held pending trial, pursuant to 18 U.S.C. § 3142. See Detention Mem. as to Kyree Mitchell (" Mitchell Detention Mem." ), July 13, 2015, ECF No. 38; Detention Mem. as to Andre Arrington (" Arrington Detention Mem." ), July 13, 2015, ECF No. 36; Detention Mem. as to Myron Williams (" Williams Detention Mem." ), August 3, 2015, ECF No. 58. Pending before the Court are motions by these three defendants to appeal their detention orders, under 18 U.S.C. § 3145(b), see Mot. for Reconsideration of Detention of Def. Andre Arrington

Page 342

(" Arrington Mot." ), ECF No. 41; Def. Kyree Mitchell's Mot. to Reconsider Detention Order (" Mitchell Mot." ), ECF No. 46; Def. Myron Williams Appeal of Magistrate's Detention Order (" Williams Mot." ), ECF No. 47, which motions are opposed by the government, see Gov't Omnibus Opp'n to Appeal from the Magistrate's Detention Order & Mots. to Reconsider Detention Orders Filed by Defs. Myron Williams, Andre Arrington, & Kyree Mitchell (" Gov't Opp'n" ), ECF No. 55. Upon consideration of the information set out in these motions, supporting memoranda of law, and presented at the motions hearing on August 4, 2015, for the reasons stated in open court and outlined below, the defendants' motions for pretrial release are denied.

This Memorandum Opinion sets forth the " written findings of fact and a written statement of the reasons for the detention." 18 U.S.C. § 3142(i)(1); cf. United States v. Peralta, 849 F.2d 625, 626, 270 U.S. App.D.C. 294 (D.C. Cir. 1988) (per curiam) (finding " the transcription of a detention hearing, if it evinces a clear and legally sufficient basis for the court's determination, will satisfy the requirements of section 3142(i)" notwithstanding " the mandatory nature of section 3142(i)" ); United States v. Nwokoro, 651 F.3d 108, 111, 397 U.S. App.D.C. 226 (D.C. Cir. 2011) (per curiam) (remanding detention order upon finding that transcript of detention hearing " failed . . . to adequately memorialize [the district court's] determination" ).

I. BACKGROUND

The charges in this case arise from an approximately six-month investigation into illegal narcotics trafficking in the Barnaby Terrace neighborhood in Southeast, Washington, D.C. Over the course of the investigation, law enforcement officers employed multiple investigative techniques, including court-authorized wiretaps from February 10, 2015 through May 29, 2015, " pen registers, pole cameras, physical surveillance, stops, seizures, and search warrants." Gov't Opp'n at 4. As detailed below, each defendant, who is now seeking review of a Magistrate Judge's detention order and requesting pretrial release, was intercepted during the wiretap phase of the investigation, as well as surveilled allegedly participating in activities facilitating the charged narcotics distribution and possession with intent to distribute conspiracy. In addition, execution of search warrants at the residences of defendants Andre Arrington and Kyree Mitchell uncovered evidence of firearms possession, illegal narcotics and narcotics trafficking paraphernalia. Overall, the government proffered at the motions hearing that this investigation has resulted in the seizure of over four kilograms of heroin, as well as powder cocaine, crack cocaine and multiple firearms. See Rough Transcript of Detention Hearing (Aug. 4, 2015) (" Detention Hearing Trans." ) at 54:9-12.

On June 18, 2015, the Grand Jury returned the Indictment in this case charging fourteen defendants, including Messrs. Arrington, Mitchell, and Williams, in Count One with Conspiracy to Distribute and Possess with Intent to Distribute One Kilogram or More of Heroin, and Cocaine, in violation of 21 U.S.C. § 846. Indictment at 1-6. The Indictment also charges Mr. Williams in Count Twelve with Conspiracy Involving a Firearm and Drug Trafficking Crime, in violation of 18 U.S.C. § 924(o). Id. at 11. Thereafter, starting on June 25, 2015, the government executed arrest and search ...


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