United States District Court, C.D. California
Craig Harbaugh, DFPD, Manuel Araujo, CJA Panel, Attorneys for Defendants.
CRIMINAL MINUTES - GENERAL
R. GARY KLAUSNER, District Judge.
Proceedings: (IN CHAMBERS) Minute Order re: Defendant's Motion to Dismiss Count One (DE 45)
On July 16, 2014, the United States of America (the "Government") filed an Indictment against Terry Traylor ("Traylor") and Marcus Washington ("Washington") (collectively, "Defendants"), charging them with one count of conspiracy to distribute crack cocaine as well as two counts of distributing the same in violation of 21 U.S.C. §§ 841, 846. On October 22, 2014, Traylor filed the present Motion to Dismiss Count One of the Indictment (the "Motion"). Washington has joined in the Motion.
For the following reasons, the Court DENIES Defendants' Motion.
II. STATEMENT OF FACTS
Count One of the Indictment charges Defendants with violating 21 U.S.C. § 846 by conspiring and agreeing "to knowingly distribute at least 28 grams of a mixture and substance containing a detectable amount of cocaine base in the form of rock cocaine... in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B)(iii)." (Indictment 1:21-2:6, ECF No. 1.) Section B of Count One sets forth the object of the conspiracy as follows:
1. Defendant WASHINGTON would negotiate the sale of crack cocaine with crack customers.
2. Defendant WASHINGTON would contact his supplier, defendant TRAYLOR, and arrange for the crack cocaine transportations to occur.
3. Defendant TRAYLOR would meet-up [sic] with defendant WASHINGTON and the customers to complete the transactions.
4. Defendant TRAYLOR would distribute the negotiated amount of crack cocaine to the customers.
5. Defendant TRAYLOR would collect payment for the crack cocaine for the customers.
( Id. at 2:7-19.) Section C of Count One alleges that Defendants engaged in the above-described acts and distributed 41.9 grams of crack cocaine to a confidential government informant (the ...