United States of America v. Freddie Sanchez

Youngstown, Ohio criminal defense lawyer represented the Defendant charged with distributing cocaine.



In October 2020, the FBI began investigating Justin Stanley ("Stanley”), a fentanyl and cocaine supplier, who was centered in Marion, Ohio. The Stanley Drug Trafficking Organization ("Stanley DTO”) had supply connections to Chicago, Illinois, Lorain, Ohio, and Columbus, Ohio. In September 2021, investigators developed a source that was able to begin providing information on the Stanley DTO (hereinafter, "CS #1”). In July 2022, investigators also obtained T-III authorization for various telephone lines and Stanley's SnapChat account. Thousands of communications were intercepted during the course of the T-III investigation and were used to identify co-conspirators and additional members of the Stanley DTO. On[]e such co-conspirator was Freddie Sanchez ("Sanchez”).



In Spring 2022, Detectives of the Lorain Police Department Narcotics Bureau received information from an anonymous source stating that Freddie Sanchez had been selling fentanyl and cocaine. The source claimed that Sanchez drove a pickup truck or a black sedan vehicle when he made his deliveries throughout the city of Lorain. The source observed approximately one ounce of pink fentanyl sitting on the passenger seat of Sanchez's vehicle. The source also stated that Sanchez lived at a residence on Estelle Avenue, Lorain, Ohio, where he also stashed narcotics and money. At the time, Sanchez was on federal supervised release and his parole approved address was on East 31st Street, Lorain, Ohio.



On September 15, 2022, Postal Inspectors pulled the package addressed to Estelle Avenue and utilized a drug detection K9 to sniff the package(s) and ultimately alerted to the package. A search warrant was obtained and granted. The package was opened and found to contain a kilogram of cocaine. 3



Later, on September 15, 2022, Detective Payne received a phone call from SA Carty who advised that while postal inspectors investigated the aforementioned package, they came across a second package that was similar in nature as the previous mentioned package and was mailed from the same post office in Phoenix, Arizona. This package was also pulled and a K9 sniff was conducted. This resulted in a positive alert and a search warrant was obtained for the package. This package was also found to contain a kilogram of cocaine. A controlled delivery of the package was done at 3327 Camden Ave, which resulted in Akeem Stafford arriving and picking up the package. He was subsequently arrested and provided a Mirandized statement. Of note, both drug packages seized by investigators were sent from Arizona and mailed from the same post office in Phoenix, Arizona.



Stafford stated his reason for fleeing from the police was that he knew the package he had picked up contained something illegal. He speculated the package might have contained cocaine, marijuana, cash, or guns, but denied knowing specifically what was inside. He was to be paid $2500 to pick up the package and deliver it to a location in Lorain by a male whom he identified as "Ricardo Ramon”. Stafford met "Ricardo Ramon” when the two were incarcerated at the Federal Correctional Institution at Allentown, PA. "Ricardo Ramon” was from Arizona and was locked up on a drug conspiracy case at the time. Stafford stated that he had picked up similar packages almost every day for the past month from addresses in Lorain, Cleveland, Youngstown, and Akron.



Through the investigative process, Detectives were aware that Akeem Stafford and Freddie Sanchez are closely related through friendship with one another. Stafford had been observed by investigators arriving at Sanchez's house on numerous occasions in recent days and weeks. Furthermore, the Lorain Police Narcotics Bureau had been advised that on September 15, 2022, an unknown female had arrived at the post office and attempted to retrieve the package that was destined for 3321 Estelle Ave. Unfortunately, prior to detectives arriving at the post office, this person had already left.



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CRIMINAL LAW. ADMISSIBILITY OF EVIDENCE UNDER RULE 404(b). The court addressed the government's motion to admit evidence under Rule 404(b), which allows evidence of prior acts if relevant to a material issue such as intent, knowledge, or identity, and determined that such evidence was admissible to show the defendant's alleged plan and participation in a drug distribution conspiracy.



CRIMINAL LAW. RES GESTAE EVIDENCE. The court evaluated whether certain evidence could be admitted as res gestae, which includes acts that are inextricably intertwined with the charged offense, finding that evidence of the defendant's involvement provided necessary context to the alleged drug conspiracy.



CRIMINAL LAW. CO-CONSPIRATOR STATEMENTS. The court considered the admissibility of co-conspirator statements under Rule 801(d)(2)(E), determining that statements identifying the defendant as a supplier were made during and in furtherance of a conspiracy and thus were not hearsay.



CRIMINAL LAW. PREJUDICIAL AND PROBATIVE BALANCE. The court examined whether the probative value of the evidence was substantially outweighed by potential unfair prejudice, ultimately concluding that any prejudicial effect could be mitigated with appropriate jury instructions.

Key Phrases Government's Notice of Intent. Intent to distribute cocaine. Use of Rule 404(b) evidence. Admissibility of evidence. Res gestae evidence.

The Court ordered that the evidence is admissible.