United States v. Williams, No. 18-6343 (6th Cir. 2021)
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Bradley and Falkowski pressed thousands of pills containing a mixture of alprazolam, acetaminophen, and fentanyl, which were marked “A333” and looked like Percocet pills. On July 5, 2016, a large quantity of those counterfeit pills was distributed in Murfreesboro. On July 6, several victims overdosed, thinking the pills were Percocet. One individual died from the overdose; seven had to be hospitalized.
An investigation led to Barrett, Davis, Dogonoski, and Williams. Officers executed a search warrant for Barrett’s home and found approximately 70 Xanax pills. Barrett explained that he had purchased and distributed 150 counterfeit Percocet pills, and had traded (with the overdose victim who died) counterfeit pills for the Xanax found in his home. Williams admitted that he sold the counterfeit pills. In executing a search warrant at Davis’ home, officers found fentanyl, a pill press, and a pill die-stamped with “A333.”
Falkowski, Davis, Dogonski, and others made plea deals. Convicted of conspiracy to distribute and possess with intent to distribute a mixture or substance containing a detectible amount of fentanyl, 21 U.S.C. 841(a)(1), (b)(1)(C), and 846, eight counts of distribution of a substance containing a detectible amount of fentanyl, the use of which resulted in serious bodily injury or death, 21 U.S.C. 841(a)(1), (b)(1)(C) and 18 U.S.C. 2, Williams was sentenced to 240 months’ imprisonment, Barrett to 276 months, and Bradley to 360 months. The Sixth Circuit affirmed, rejecting challenges to the sufficiency of the evidence, to the jury instructions, and to the denials of motions to suppress.
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