United States of Walter Dushun Holmes, Jr.

Bismarck, North Dakota criminal defense lawyer represented the Defendant charged with conspiracy to distribute controlled substances in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), 846.



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In August 2022, a federal grand jury indicted Holmes Jr.'s father—Walter Holmes, Sr.—Monetessa Packineau, and two others with conspiracy to distribute controlled substances, among other offenses. A month later, the grand jury added Holmes Jr. as a defendant, charging him with the distribution conspiracy. See 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), and 846. While Holmes Sr. and Packineau executed plea agreements, Holmes Jr. proceeded to trial.



At trial, Holmes Jr. requested the court issue an order sequestering witnesses, which the court granted. The Government called multiple witnesses, including former co-defendant Packineau, who testified she bought fentanyl from both Holmes

Sr. and Holmes Jr. for her personal use. The Government also called A.P., who testified that Holmes Jr. regularly "fronted” her fentanyl for sale and sold her fentanyl for her personal use. Prior to trial, the Government had provided Holmes Jr. with interviews of A.P., where she disclosed that she not only received drugs from Holmes Jr., but also from another source, J.B.



On the third day of trial, Holmes Jr. sought to call his father as a witness. But the Government resisted, submitting recorded jail phone calls between Holmes Jr. and Holmes Sr. that the Government argued violated the sequestration order Holmes Jr. had requested. The court agreed with the Government and excluded Holmes Sr. as a witness. Holmes Jr. moved for a mistrial based upon the exclusion of his father—the district court denied his motion.

The Defendant was found guilty and was sentenced to 188 months in prison.



Affirmed