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United States v. Addison

United States District Court, E.D. Louisiana

March 18, 2015

UNITED STATES OF AMERICA
v.
ANDRE ADDISON.

ORDER AND REASONS

LANCE M. AFRICK, District Judge.

The Court has pending before it an objection[1] filed by the government to an order[2] issued by the U.S. Magistrate Judge relative to a bill of particulars. This matter is now ripe for decision.

BACKGROUND

On August 7, 2014, the grand jury returned the indictment in this case.[3] The grand jury later returned a superseding indictment on February 12, 2015.[4] Count one of the sixteen-count superseding indictment charges that between no later than January 1, 2010, and continuing until on or about November 20, 2013, Addison and all eleven co-defendants conspired to distribute and to possess with the intent to distribute one (1) kilogram or more of heroin and 280 grams or more of cocaine base, in violation of 21 U.S.C. § 846. Addison is not charged in any other count of the superseding indictment.[5]

Addison filed a motion[6] for a bill of particulars and a motion[7] for disclosure and interview of confidential informants. The government filed a response[8] to the motions for a bill of particulars and for disclosure and interview of confidential informants in which it asserted that it "intends to prove... through one cooperating witness who is an unindicted co-conspirator, multiple confidential informants (C.I.'s) and other lay witnesses, and multiple law enforcement witnesses" the following facts:

• In approximately 2012, Andre Addison started selling cocaine base and heroin.
• Co-defendant Harry Smoot would distribute heroin to Andre Addison.
• A C.I. reported purchasing heroin from Addison on at least ten occasions, wherein Addison was often armed with a handgun.
• Addison also distributed heroin to co-defendant Joequell Lewis on occasion.
• On recordings made from the Jefferson Parish Correctional Center, Addison calls co-defendant Harry Smoot from jail in order to arrange the distribution of nine ounces of heroin. These calls occurred between January 7, 2013, and January 18, 2013.
• Addison also supplied his fellow co-defendants Isaac Smith and Ray Woodruff with cocaine base at times.
• Another co-defendant, Terrell Wade, converted three ounces of cocaine hydrochloride to cocaine base for Addison on one occasion.
• Addison was known to travel within parishes in the Eastern District of Louisiana to acquire cocaine hydrochloride with the purpose of later converting it into cocaine base.
• During the course of the conspiracy, Addison purchased two stolen firearms-a Springfield XD-9102HC.40 cal handgun and a Glock Model 27.40 cal handgun. Addison had co-defendant Joequell Lewis keep the guns for him, and on March 31, 2012, co-defendant Ray Woodruff was arrested in possession of both of these ...

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