Description: Buffalo, New York criminal defense lawyer represented the Defendant charged with conspiracy to possess with intent to distribute, and to distribute, 10 grams or more of butyryl fentanyl, heroin, fentanyl, and furanyl fentanyl.

The West Seneca Police Department, New York State Police and DEA began investigating Isaiah Spain’s drug trafficking activities. The investigation determined that Spain, age 38, of Buffalo, New York conspired with others to sell heroin, fentanyl, butyryl fentanyl and furanyl fentanyl, sales of which were subsequently linked with numerous drug overdoses, including two fatalities.

On November 4, 2017, Amherst Police responded to a 911 call in Williamsville, NY, where they located an unresponsive individual, identified as S.D., who was pronounced dead at the scene of an apparent drug overdose. The substances used by S.D. were purchased from Spain by another individual and sold to S.D. On August 24, 2018, West Seneca Police responded to a residence for a reported drug overdose. Upon arrival, an individual identified as S.C. was pronounced dead at the scene from an apparent drug overdose. The substances used by S.D. were purchased from Spain.

Between October 2018, and January 2019, investigators conducted a combined total of 13 controlled buys of suspected controlled substances from Spain. Following each controlled buy, the suspected controlled substance was analyzed and confirmed to contain butyryl fentanyl.

The sentencing is the result of an investigation by the West Seneca Police Department, under the direction of Chief Edward Baker, the New York State Police, under the direction of Major Eugene Staniszewski, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division.

21:846=CD.F CONSPIRACY TO DISTRIBUTE CONTROLLED SUBSTANCE
(1ss)

Outcome: The Defendant is sentenced to the Bureau of Prisons for a term of 250 months; cost of incarceration fee waived. The Court recommends the Defendant be housed as close to Buffalo, NY as possible and that he participate in the RDAP program. Upon release from imprisonment, Defendant shall be placed on supervised release for a term of five (5) years. See Judgment for standard, mandatory and special conditions of Supervised Release. No fine. Defendant shall pay the $100 mandatory special assessment, due immediately; restitution joint and several in the amount of $3995 to the family of victim S.C. The Court allows the Defendant to self-surrender; ankle monitor/ electronic monitoring while on release; curfew to be determined by Probation. The Court grants the Government's request to dismiss the Superseding Indictment as against defendant.

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Defendant's Experts:

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