United States District Court, District of Columbia
ROSEMARY M. COLLYER UNITED STATES DISTRICT JUDGE.
Gage requests release pending trial pursuant to 18 U.S.C.
§ 3142. Mr. Gage is charged by indictment with one count
of conspiracy to distribute and possess with intent to
distribute one kilogram or more of a mixture and substance
containing a detectable amount of phencyclidine (PCP) in
violation of 21 U.S.C. §§ 841(a)(1) and
841(b)(1)(A)(iv). Indictment [Dkt. 1] at 1-2. The Court held
a bond review hearing on November 15, 2018. At its conclusion
and upon consideration of the proffers and arguments of
counsel and the entire record herein, the Court denied Mr.
Gage's motion. This memorandum is prepared 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).
FINDINGS OF FACT
Description of the Offense
detention hearing, the United States proceeded by proffer
based on the Indictment and its detailed opposition brief.
Opp'n [Dkt. 48]; see also Mot. for Bond [Dkt. 47]. Mr.
Gage argued that the proffered evidence related to his sale
of low and high-grade marijuana, not PCP, and thereby
materially lessened the seriousness of the alleged offense.
The Court makes the following findings of fact:
Gage was arrested on April 27, 2018 as part of a “take
down” after an investigation of narcotics trafficking
in the Washington, D.C. area conducted from approximately
November 2015 to March 2018 by the Federal Bureau of
Investigation (FBI) and the Bureau of Alcohol, Tobacco,
Firearms, and Explosives (ATF). The investigation included
controlled purchases by confidential sources assisting the
FBI and ATF, physical surveillance, interception of wire and
electronic communications, and execution of search warrants,
among other tools.
interceptions of other target phones and those speaking with
Mr. Gage's phone, the government concluded that Mr. Gage
was engaged in the distribution of PCP. The prosecutor cited
numerous calls from March 30, 2017 to April 6, 2017 between
Mr. Gage and co-defendant Jahi Marshall wherein they
discussed where to meet and Mr. Marshall made requests for
“one more, ” “1 and 1, ” and a
“little boy.” Based on the experience of the
investigating agents, the term “1 and 1” referred
to two one-ounce bottles of PCP and “little boy”
and “big boy” referred to half-ounce and
one-ounce bottles of PCP, respectively.
units observed Mr. Marshall on April 8, 2017, when he
discarded a small black bag; when the agents retrieved the
bag, they discovered two bottles emanating a strong chemical
odor consistent with PCP. Later that same day, the agents
observed Mr. Gage stop a short distance away from where Mr.
Marshall had discarded the bottles; Mr. Gage was joined in
his vehicle by Mr. Marshall for approximately one minute.
Based on the content of earlier conversations and the
discarded bottles, the agents believe Mr. Gage was restocking
Mr. Marshall with PCP on April 8, 2017.
25, 2017 and May 31, 2017, interceptions between Mr. Marshall
and Mr. Gage showed the former again requesting “one of
them little ones” and “A LIL ONE, ” which
the agents believe to be half ounce bottles of PCP.
also picked up calls between Mr. Gage and co-defendants
Antonio Tabron and Lamont Johnson. From July 26, 2017 to July
29, 2017, Mr. Gage spoke on multiple occasions with Mr.
Tabron and Mr. Johnson seemingly to coordinate a meeting or
purchase. Mr. Tabron told Mr. Gage he could probably
“get it” from someone else for “either
twenty-four or twenty-six.” Based on the experience of
the agents, the value of 16 ounces of PCP is about $2400 or
$2600. In his conversations with Mr. Johnson, Mr. Gage
referenced 16th Street and 8thStreet,
which the agents believe was coded language for 16 or 8
ounces of PCP.
interceptions between Mr. Gage and individuals not also
indicted in this case discussed the price for a “16
ounce jawnt, ” “a swimming pool, ” and
“16 laps, ” which Mr. Gage notes cost
“26.” Agents believe these conversations reflect
requests for 16 ounces of PCP, often referred to as
“water” and which costs approximately $2400 to
$2600 in the District of Columbia.
executed a search warrant on Mr. Gage's vehicle on
November 28, 2017, and recovered an empty glass vial, which
they state is the type of vial commonly used to package and
Criminal History of the Defendant
on a preliminary criminal history calculation prepared by the
United States Probation Office for the District of Columbia,
the Court has some information about Mr. Gage's criminal
history. See Gage Pre-Plea Criminal History Calculation [Dkt.
34]. Mr. Gage has four prior criminal convictions and was
under supervised ...