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Date: 10-16-2019

Case Style:

United States of America v. David Mitchell Murray

Case Number: 2:18-cr-20136-JTF

Judge: John T. Fowlkes Jr.

Court: United States District Court for the Western District of Tennessee (Shelby County)

Plaintiff's Attorney: J. William Crow

Defendant's Attorney:


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Description:




Memphis, TN - Memphis Man Sentenced for Conspiracy to Distribute Heroin Resulting in Fatal Overdose

David Mitchell Murray, 39, of Memphis has been sentenced to 188 months in federal prison for conspiracy to distribute heroin resulting in death. Also indicted as a co-defendant in this case was Glenda Aldape, 48, of Cordova. D. Michael Dunavant.

According to information presented in court, on the evening of March 28, 2016, the victim Sean Heywood agreed over the phone to buy half a gram of heroin from Aldape for $75. Aldape texted Sean that she was sending "Mitch" (later identified as 39-year-old David Mitchell Murray) to deliver the heroin. Sean lived with his father, mother and grandmother at the time.

At 10 p.m., Sean told his father he was going to a nearby Huey’s location to have a beer. Surveillance tape showed Sean entering the bar area of the restaurant a few minutes after 10 p.m. and having one beer. During this period, he spoke on the phone with Mitch at least twice. The tape then shows him leaving the restaurant. After a few minutes, he left the bar and got into a car with Mitch, who then sold the heroin to Sean. Mitch then drove Sean home.

At approximately 12:30 p.m., Sean’s father found Sean unresponsive on the bathroom floor. Memphis emergency personnel arrived at the house and pronounced Sean dead at 1:02 a.m. Law enforcement responded and tagged all of the items as evidence – a plastic bag of heroin in his pocket, syringe, spoon and 0.19 grams of heroin, and Sean’s cell phone. The autopsy results concluded the cause of Sean’s death was a lethal dose of heroin.

U.S. Attorney D. Michael Dunavant said, "Under our district-specific opioid strategy, heroin distribution cases resulting in death receive top priority for investigation and federal prosecution, regardless of quantity of heroin involved or the prior criminal record of the offender. Our Heroin Initiative also provides time-sensitive case coordination between law enforcement agencies and medical examiners, to ensure that opioid overdose death cases are investigated quickly and thoroughly to identify the nature and source of the drug distribution. Finally, the U.S. Attorney’s Office will aggressively prosecute and seek the maximum guidelines sentences in these cases in order to disrupt trafficking organizations, hold the distributor accountable for the death of the victim, and to deter others from selling poison to our citizens."

On October 4, 2019, U.S. District Court Judge John T. Fowlkes Jr. sentenced Murray to 188 months in federal prison followed by 3 years supervised release. Judge Fowlkes Jr. sentenced Glenda Aldape, to 240 months imprisonment followed by 3 years supervised release on May 14, 2019.

This case was investigated the Drug Enforcement Administration and the Memphis Police Department Organized Crime Unit (OCU).


Charges:


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

21:841A=ND.F NARCOTICS - SELL, DISTRIBUTE, OR DISPENSE
(2)

Outcome: Defendant was sentenced to 188 Months BOP; 3 Years Supervised Release.


10/04/2019 81 Minute Entry for proceedings held before Judge John T. Fowlkes, Jr.: Sentencing held on 10/4/2019 for David Mitchell Murray (2), Count(s) 1, 2, 188 Months BOP; 3 Years Supervised Release. Defendant present in Court with counsel & sworn. Defendant's proof: Exh #1 - Letter. The Court's recommendation to BOP: Defendant to receive pre-trial jail credit from 11/04/2016 to 10/04/2019 for time in State custody, Shelby CountyCriminal Court, Memphis, TN Docket No. 16-05977. The Court's recommendation as to Supervised Release: 1. The defendant shall cooperate in the collection of DNA.2. The defendant shall participate in drug testing and treatment as directed by the probation officer.3. The defendant shall participate in educational and/or vocational training as directed by the probation officer.4. The defendant shall participate in Moral Reconation Therapy (MRT) or another similar and approved cognitive behavioral therapy program as directed by the U.S. Probation Office.5. The defendant shall pay restitution joint & several with co-defendant in the amount of $1682.22 in monthly installments of 10% gross monthly income set out on page 6 of the Judgment as directed by the probation officer.6. The defendant shall submit his or her person, property, house, residence, vehicle, papers, [computers (as defined in 18 U.S.C. § 1030(e)(1)), other electronic communications or data storage devices or media,] or office, to a search conducted by a United States Probation Officer. Failure to submit to a search may be grounds for revocation of release. The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition. An officer may conduct a search pursuant to this condition only when reasonable suspicion exists that the defendant has violated a condition of his supervision and that the areas to be searched contain evidence of this violation. Any search must be conducted at a reasonable time and in a reasonable manner. Defendant advised of Appeal Rights & handed Appeal Packet. Defendant remanded to USM. (AUSA: William Crow)(Defense: Joseph Ozment)(USPO: Vanessa Roberts) (Court Reporter Mark Dodson.) (wrh) (Entered: 10/04/2019)
10/04/2019 82 EXHIBIT LIST by United States of America as to David Mitchell Murray. (wrh) (Entered: 10/04/2019)
10/04/2019 83 JUDGMENT as to David Mitchell Murray (2), Count(s) 1, 2, 188 Months BOP; 3 Years Supervised Release.. Signed by Judge John T. Fowlkes, Jr. on 10/04/2019. (Fowlkes, John) (Entered: 10/04/2019)
10/04/2019 84 REDACTED JUDGMENT signed by Judge, John T. Fowlkes, Jr. (wrh) (Entered: 10/04/2019)

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