Description: Little Rock, Arkansas criminal defense lawyer represented Defendant charged with being a felon in possession of a firearm, and possessing a firearm in furtherance of a drug-trafficking crime.

On July 6, 2021, a grand jury charged Jemel R. Foster, age 32, in a superseding indictment with the four counts he took to trial, all of which related to two January evenings in 2021.

The evidence at trial revealed that on the evening of January 11, 2021, a woman purchased fentanyl from Foster around 7:22 p.m. in the parking lot of a Little Rock Walgreen’s store. According to testimony from the medical examiner who conducted her autopsy, the woman died from a fatal dose of fentanyl around midnight that evening at her mother’s nearby home. After discovering her body the next morning, the woman’s family contacted the Little Rock Police Department, and eventually the Drug Enforcement Administration (DEA). At trial, the DEA agents involved in the case explained how they were able to identify Foster as the source of the fatal fentanyl from data in the victim’s phone.

The DEA, believing Foster would not be aware the woman had died, used the victim’s phone to contact Foster on January 12, 2021, and ask if he had any more fentanyl for sale. Foster agreed to meet at the same Walgreen’s parking lot the person he believed would be the woman who purchased fentanyl from him the night before. When Foster arrived at the parking lot, the DEA arrested him and located eight bags of fentanyl in his pants, totaling approximately four grams, and a firearm in his vehicle.

At trial, the medical examiner testified that there is no safe dosage of illicit fentanyl, and tiny amounts of the substance can kill a person nearly immediately. The medical examiner also located two bags of fentanyl in the victim’s clothing that exactly matched the eight bags of fentanyl Foster had in his pants on January 12.

“Fentanyl is an extremely dangerous opioid that has led to numerous overdose deaths across the country, including here in our state,” DEA Assistant Special Agent in Charge Jarad Harper said. “The DEA, along with our local, state, and federal partners have been, and will continue to aggressively investigate and arrest those individuals who profit from the pain and suffering of others. This conviction demonstrates law enforcement’s devotion to working collaboratively and aggressively to combat drug trafficking.”

The statutory penalties for Foster’s convictions are: distribution of fentanyl resulting in death, 20 years to life imprisonment; possession of fentanyl with intent to distribute, up to 20 years’ imprisonment; felon in possession of a firearm, up to 10 years’ imprisonment; and possession of a firearm in furtherance of a drug-trafficking crime, five years to life imprisonment, consecutive to any other sentence imposed. The drug offenses carry additional penalties of up to a $1,000,000 fine and at least three years of supervised release. The firearm offenses include penalties of up to a $250,000 fine and up to three years of supervised release.

The investigation was conducted by DEA, with assistance from the Little Rock Police Department and Arkansas State Police. The case was prosecuted by Assistant United States Attorneys Chris Givens and Benecia Moore.

21:841(a)(1) and 21:841(b)(1)(C) Possession with Intent to Distribute Fentanyl
(1)
21:841(a)(1) and 21:841(b)(1)(C) Distribution of Fentanyl Resulting in Death
(1s)
18:922(g)(1) Felon in Possession of a Firearm
(2)
21:841(a)(1) and 21:841(b)(1)(C) Possession with Intent to Distribute Fentanyl
(2s)
18:924(c)(1)(A) Possession of a Firearm in Furtherance of a Drug Trafficking Crime
(3)
18:922(g)(1) Felon in Possession of a Firearm
(3s)
18:924(c)(1)(A) Possession of a Firearm in Furtherance of a Drug Trafficking Crime
(4s)

Outcome: A jury returned the verdict in the United States District Court Judge Billy Roy Wilson. Judge Wilson will sentence Foster, who remains in federal custody, at a later date. The statutory minimum sentence for the distribution of fentanyl resulting in death is 20 years, plus an additional minimum of five years for possessing the firearm in furtherance of a drug-trafficking crime.

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