United States v. Honeycutt, No. 14-5850 (6th Cir. 2016)Annotate this Case
Honeycutt was in charge of sales and inventory in the Brainerd Army Store, owned by his brother Tony. In 2008, Honeycutt called the Chattanooga Police to ask if the iodine in Polar Pure water purification product could be used to manufacture methamphetamine. The Director of the Tennessee Meth and Pharmaceutical Task Force, confirmed that Polar Pure was being used to manufacture methamphetamine, urged Honeycutt not to sell it “if [he] fe[lt] uncomfortable,” and informed the Drug Enforcement Administration (DEA) that Honeycutt was selling Polar Pure. The Store was the only local retailer that stocked Polar Pure. The product was hidden behind the counter. Only Honeycutt and Tony sold it. In 2009, the DEA, with state and local law enforcement, began investigating. There were direct conversations with Honeycutt and Tony, to convince the brothers to stop selling the product to meth producers. A 2010 search revealed that Polar Pure was the store’s highest-grossing item. Honeycutt indicated that he and Tony had a “don’t-ask-don’t-tell” policy. Agents seized 307 bottles of Polar Pure. Tony pled guilty. Honeycutt was convicted of conspiring to and knowingly distributing iodine, 21 U.S.C. 841(c)(2), 843(a)(6), and 846, and was sentenced to 60 months’ imprisonment. The court declined to order forfeiture, reasoning that, as a salaried employee, Honeycutt did not reap the proceeds of the conspiracy. The Sixth Circuit affirmed the convictions, but reversed with respect to forfeiture.
- Honeycutt v. United States, No. 16-142 (U.S. Jun. 05, 2017)