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United States v. Addison

United States District Court, District of Columbia

November 4, 2016

UNITED STATES OF AMERICA
v.
ANTHONY ADDISON, Defendant.

          DETENTION MEMORANDUM

          G. MICHAEL HARVEY UNITED STATES MAGISTRATE JUDGE.

         This matter comes before the Court upon the application of the United States that Defendant, Anthony Addison, be detained pending trial. Defendant has been charged by Indictment with three counts of Engaging in the Business of Dealing with Firearms without a License, in violation of 18 U.S.C. § 922(a)(1)(A), three counts of Unlawful Possession of a Firearm by a Person Convicted of a Crime Punishable by Imprisonment for a Term Exceeding One Year, in violation of 18 U.S.C. § 922(g)(1), two counts of Unlawful Distribution of Cocaine Base, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C), and two counts of Using, Carrying, and Possessing a Firearm during a Drug Trafficking Offense, in violation of 18 U.S.C. § 924(c)(1). A detention hearing was held on November 1, 2016.

         Upon consideration of the proffers and arguments of counsel and the entire record herein, the Court ordered Defendant held without bail pursuant to 18 U.S.C. § 3142(e). This memorandum is submitted in compliance with the statutory obligation that “the judicial officer shall . . . include written findings of fact and a written statement of the reasons for the detention.” 18 U.S.C. § 3142(i)(1). The findings of fact and statements of reasons in support of the Order of Detention follow.

         FINDINGS OF FACT

         At the detention hearing, the United States proceeded by proffer based on the Indictment. The defense offered no contrary evidence. Accordingly, the Court makes the following findings of fact regarding the government's investigation.

         In early July 2016, the Alcohol, Tobacco and Firearms Agency (ATF), with the assistance of other law enforcement agents, began a criminal firearms and narcotics investigation related to the distribution of weapon and narcotics contraband in the Franklin Commons, N.E. area of Washington, D.C. In July 2016, ATF, with the assistance of a confidential informant (CI), contacted Defendant and began arranging purchases of firearms and narcotics. From July 1, 2016 through October 11, 2016, agents attempted to set up six transactions, resulting in the actual purchase of illegal firearms on three occasions and narcotics on two occasions. Each purchase was aided by the use of at least one confidential informant and made in the area of the 600 block of Hamlin Street, N.E., Washington, D.C. In preparation for each transaction, ATF agents met with the CI, who was searched and found not to possess any firearms and/or narcotics. After each purchase, ATF agents recovered firearms and/or narcotics that were purchased from Defendant. At least two of the transactions were recorded, and all of them were monitored by ATF agents through in-person surveillance.

         A. July 8, 2016 Controlled Purchase

         On July 8, 2016, ATF agents, with the assistance of a CI, arranged to purchase a firearm from Defendant. At approximately 6:56 p.m., after being searched, ATF agents gave the CI $800 of prerecorded funds and placed a wire transmitter on the CI's person to monitor the transaction. At approximately 7:03 p.m., the CI left and walked to meet Defendant. The agents observed the CI as they walked to the target location of 8th and Hamlin Streets, and at approximately 7:12 p.m., an ATF agent observed Defendant on 8th Street. The agent observed Defendant crouch down near a black vehicle just before arriving at the intersection of 8th and Hamlin Streets. At approximately 7:13 p.m., the CI, still being watched by the ATF agents, began to walk back to the location where they originally met the agents. At approximately 7:18 p.m., the CI was picked up by the agents and turned over a plastic bag which contained a Ruger P95 9mm semi-automatic pistol whose serial number was partially obliterated. The CI stated that they purchased the firearm for $800 from Defendant at the dead end of 8th and Hamlin Streets. The firearm had a fifteen-round capacity magazine inside of it, but was not loaded. Later, the firearm was test fired and found to be operable.

         B. July 14, 2016 Attempted Controlled Purchase

         On July 14, 2016, again with the assistance of a CI, ATF agents made arrangements to purchase a rifle from Defendant at the same location. Upon arriving at the location, the CI, fitted with an audio and video transmitting and recording device, spoke with Defendant and learned that he did not have the rifle. After Defendant confirmed the CI had the money to complete the transaction, they agreed to reconvene twenty to thirty minutes later, at which time the “source” would have arrived, according to Defendant. However, no transaction occurred.

         C. July 19, 2016 Controlled Purchase

         On July 19, 2016, ATF agents, assisted by a CI, made arrangements to purchase a SKS-style rifle along with cocaine base. Around 8:30 p.m., the agents fitted the CI with a wire transmitter and a digital audio recorder. During this incident, the agents maintained visual surveillance of the CI as they approached the transaction location, 643 Hamlin Street, N.E., Apt. 3, Washington, D.C. The CI entered Apartment 3. In the living room, Defendant removed the cocaine from a pillow. Next, while still inside the apartment, Defendant received a phone call from the “source.” After viewing the rifle, the CI gave $1650.00 to Defendant for the rifle and cocaine base. The suspected cocaine base was later found to weigh, with packaging, 3.2 grams. A field test was positive for the presence of cocaine. The rifle was test fired and found operable.

         D. July 25, 2016 Attempted Controlled Purchase

On July 25, 2016, at approximately 8:55 p.m., the CI met with Defendant in Apartment 3 at the Hamlin Street residence to purchase a Tec 9, 9mm semi-automatic handgun. The CI was fitted with a wire transmitter and digital audio recorder and monitored by ATF agents. While inside Apartment 3, Defendant told the CI that the Tec 9 was not available, but that he hoped to acquire a Taurus Millennium 9mm. Defendant stated that the CI would not have to pay a large amount for the firearm and reduced the price ...


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