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Date: 06-29-2022

Case Style:

United States of America v. Marcus Andrew Burrage

Case Number: 4:20-cr-00120-SMR-HCA

Judge: Stephanie M. Rose

Court: United States District Court for the Southern District of Iowa (Polk County)

Plaintiff's Attorney: United States Attorney’s Office

Defendant's Attorney:



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Description: Des Moines, Iowa criminal defense lawyer represented defendant charged with conspiracy to distribute heroin, possession with intent to distribute heroin, and assaulting a correctional officer.

According to evidence presented at the drug trafficking trial, shortly after his 2017 release from prison on a prior federal heroin distribution conviction, Marcus Andrew Burrage, age 36, originally from Chicago, Illinois, began selling heroin to numerous customers in the Ames and Nevada, Iowa areas.

During this time, Burrage regularly traveled to Chicago to purchase his supply of heroin. On April 9, 2018, while in Chicago, police officers stopped Burrage’s car, which had been reported stolen. Burrage was the front seat passenger. Officers asked all occupants to exit the car. Burrage refused to get out of the car and told officers they could not search him. Officers ultimately removed Burrage from the car and searched his person. Officers found 18 grams of heroin and over $6,000 cash in Burrage’s pockets.

At the time of his arrest in Chicago, Burrage was already the subject of an investigation by officers with the Central Iowa Drug Task Force. That investigation involved multiple controlled buys of marijuana from Burrage. On April 10, 2018—the day after Burrage’s arrest in Chicago—officers executed a search warrant at Burrage’s apartment in Nevada, Iowa. During the search, officers located a locked safe in a bedroom. Inside the safe officers found 21 grams of heroin, a half-ounce of marijuana, three digital scales, and other drug trafficking paraphernalia. Elsewhere in the apartment, officers found plastic baggies and drug notes. On April 11, 2018, a federal arrest warrant was issued for Burrage. Burrage was taken into custody in May 2019 after the United States Marshals Service tracked Burrage to a motel in West Des Moines. Officers found Burrage hiding in the room’s bathtub.

While awaiting trial on his drug trafficking charges, Burrage assaulted a correctional officer at the Polk County Jail. According to evidence presented at trial on that charge, Burrage punched a correctional officer in the back of the head causing serious injury and then bragged about it.

At sentencing, Chief United States District Court Judge Stephanie M. Rose found that Burrage used violence in his drug trafficking, obstructed justice by attempting to influence a witness to lie, utilized fear and affection to further his drug trafficking, and maintained a residence for drug trafficking. As a result, Burrage was sentenced to 324 months in prison on the drug charges and a consecutive 51 months in prison for assault on a correctional officer, for a total of 375 months in prison.

United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The investigation was conducted by the Central Iowa Drug Task Force, Federal Bureau of Investigation, Polk County Sheriff’s Office, and United States Marshals Service. Assistant United States Attorneys Mallory Weiser and Kyle Essley prosecuted the case with the assistance of Victim Witness Specialist Charlotte Kovacs.

CONSPIRACY TO DISTRIBUTE CONTROLLED SUBSTANCE 21:841(a)(1), 841(b)(1)(B), 846 Conspiracy to Distribute a Controlled Substance
(1)

CONSPIRACY TO DISTRIBUTE CONTROLLED SUBSTANCE: 21:841(a)(1), 841(b)(1)(B), 846, 851 Conspiracy to Distribute a Controlled Substance (Heroin)
(1s)

CONTROLLED SUBSTANCE - SELL, DISTRIBUTE, OR DISPENSE: 21:841(a)(1) and 841(b)(1)(C), 851. Possession with Intent to Distribute a Controlled Substance (Heroin)
(2s)

Outcome: Defendant was sentenced to 375 months of incarceration, consisting of 324 months as to each of Counts 1s and 2s in case number 4:20-cr-120, both counts to be served concurrently, and 51 months as to Count 1 in case number 4:21-cr-57, to be served consecutively to case number 4:20-cr-120. Additionally, this term of imprisonment shall be served consecutively to the term of imprisonment imposed in the United States District Court for the Southern District of Iowa Docket Number 4:10-cr-00095-001. An 8 year term of supervised release to follow as to each of Counts 1s and 2s in case number 4:20-cr-120, and a 3 year term on Count 1 in case number 4:21-cr-57, all counts to be served concurrently. $300 Special Assessment ($100 per count in each case).

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