U.S. v. Stewart

Full title: United States of America, Plaintiff, v. Donnie Stewart, Defendant

Court: United States District Court, N.D. Ohio, Eastern Division

Date published: Jun 22, 2011

CASE NO. 1:06 CR 594 (N.D. Ohio Jun. 22, 2011)

Opinion

CASE NO. 1:06 CR 594.

June 22, 2011

MEMORANDUM OPINION AND ORDER

DAVID DOWD JR., District Judge

I. Introduction

The defendant, Donnie Stewart, was convicted of conspiracy with intent to distribute crack cocaine and sentenced in November of 2007 to ten years in prison. Stewart prosecuted an appeal to the Sixth Circuit and argued that he had been denied, at the time of sentencing, the "safety-valve provision." The prosecution and sentencing of the defendant was handled by the late Judge Ann Aldrich.

During the sentencing hearing, Judge Aldrich opined that she did not have the power to grant a two-level downward reduction based on the safety valve issue unless the government moved for such a reduction. Apparently, Judge Aldrich was confused with respect to a downward departure based on substantial assistance which requires a government motion, and so she declined to grant the defendant the benefit of the safety valve provisions which would have eliminated the necessity for sentencing the defendant to the statutory minimum of ten years. Consequently, the Sixth Circuit reversed and remanded this case for the Court to determine whether the defendant was entitled to the safety valve.

II. The Procedures Before Judge Ann Aldrich

A. The written Plea Agreement

The defendant, his counsel and the Assistant United States Attorney all signed the written Plea Agreement on March 29, 2007.¹ Paragraph 15 of the written Plea Agreement set forth the factual basis for the written guilty plea and the text for the factual basis for guilty plea follows:

1 The Presentence Investigation Report indicates that the defendant's plea of guilty to Count 1 in the 95-count Indictment was entered before Magistrate Judge Nancy Vecchiarelli on March 29, 2007.

The defendant agrees that if this matter were to proceed to trial, the United States could prove the following facts beyond a reasonable doubt, and that these facts accurately outline his readily provable offense conduct and specific offense characteristics:

A. Beginning at least as early as May, 2005, and continuing through December, 2006, the exact dates unknown, in the Northern District of Ohio, Eastern Division, and elsewhere, Donnie Stewart, aka Boom, the defendant herein, and the other indicted and unindicted co-conspirators in case # 1:06 CR 594, and others, did unlawfully, knowingly, and intentionally combine, conspire, confederate, and agree together and with each other, and with diverse others known and unknown, to possess with the intent to distribute and to distribute at least 50 grams, but less than 150 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A) and 846.

B. Specifically, it was part of the conspiracy that Donnie Stewart, aka Boom, would obtain amounts of cocaine or crack cocaine from various suppliers in the area between East 70th Street to East 79th Street between Saint Clair and Superior Avenues. Thereafter, Stewart would sell crack cocaine to his various customers on East 79th Street in Cleveland, Ohio.

C. In furtherance thereof and to effect the goals and conceal the existence of the conspiracy, the defendant and others performed overt acts including but not limited to the following:

1. On May 10, 2006, a CW called Donnie Stewart, aka Boom, at (216) 214-8516 and requested an amount of drugs. Later, Stewart sold 119.21 grams of cocaine base ("crack") for $3,000.00 to the CW in the vicinity of Norwood Avenue, Cleveland, Ohio.

2. On June 1, 2006, a CW called Donnie Stewart, aka Boom, at (216) 214-8516 and requested an amount of drugs. Later, Stewart sold 30.56 grams of cocaine base ("crack") for $1,240.00 to the CW in the vicinity of Norwood Avenue, Cleveland, Ohio.

D. The amount of cocaine base ("crack") possessed and distributed by Stewart during the course of the conspiracy and/or directly attributable to his actions and reasonably foreseeable within the conspiracy was at least 50 grams, but less than 150 grams. Stewart was aware that the substance he was possessing and distributing was actually cocaine base ("crack").

E. The defendant acknowledges that the above outline of his conduct does not set forth each and every fact that the government could prove beyond a reasonable doubt, nor does it encompass all of the acts which he committed in furtherance of the offenses to which he is pleading guilty.

B. The sentencing hearing conducted on November 29, 2007

No explanation in the record that the Court can find explains the eight month delay between the entry of the Defendant's guilty plea and the defendant's sentencing hearing which took place on November 29, 2007.²

2 The Presentence Investigation Report indicates that the defendant was released on an unsecured bond with pretrial conditions on January 1, 2007 and revoked on October 12, 2007 based on allegations of verbal threats to a co-defendant.

III. The Prosecutorial Process Conduct by the Undersigned Judge Following the Remand from the Sixth Circuit

The remand of the Sixth Circuit obviously required the Court to conduct an evidentiary hearing. The first evidentiary hearing was conducted on Friday, October 29, 2010. During the hearing, it became apparent to the Court that the defendant's trial lawyer, Donald Butler, had relevant testimonial knowledge regarding the issue that prompted the Sixth Circuit's remand. Consequently, the Court requested that Debra Hughes, an Assistant Federal Public Defender, represent the defendant during both evidentiary hearings conducted on October 29 and November 5, 2010.

Following the second evidentiary hearing, the Court requested transcripts of the two hearings and invited subsequent briefing on the issue of whether the Court should grant the defendant the safety valve which would permit the Court to sentence the defendant to less than the mandatory minimum sentence of ten years.

At the conclusion of the second evidentiary hearing, the Court instructed the United States Marshal to return the defendant to his place of incarceration because it was apparent that the Court's decision as to whether to grant the safety valve provision would be delayed pending the filing of the transcripts of the two evidentiary hearings and the subsequent briefing. The transcripts have now been filed and the briefs filed by the government opposing the safety valve and the brief filed by the defendant supporting the application of the safety valve have been filed. The case is now at issue.

IV. The Safety Valve Provisions Set Forth in the Sentencing Guidelines

Section 5C 1.2 of the Sentencing Guidelines provides that in the event a defendant meets the criteria in 18 U.S.C. § 3553(f)(1)-(5), the Court shall impose a sentence in accordance with the applicable guidelines without regard to any statutory minimum sentence. The five criteria as summarized follow:

1) the defendant does not have more than 1 criminal history point . . .

2) the defendant did not use violence or creditable threats of violence or possess a firearm or other dangerous weapon . . . in connection with the offense

3) the offense did not result in death or serious bodily injury to any person

4) the defendant was not an organizer, leader, manager, or supervisor of others in the offense . . .

5) not later than the time of the sentencing hearing, the defendant has truthfully provided to the Government all information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the defendant has no relevant or useful other information to provide or that the Government is already aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement.

V. The Position of the Government In Opposing Application of the Safety Valve Provision

Counsel for the government concedes that the defendant met the first four criteria set forth in the safety valve provision, but failed with respect to the fifth criteria on the premise that the defendant was not fully forthcoming with respect to information involving the massive conspiracy alleged in the Indictment in this case.³

3 A copy of the Indictment, as initially filed on December 20, 2006, naming 43 defendants allegedly involved in this conspiracy, is attached hereto as Appendix I.

As a part of the prosecution in this massive case, the government produced a document, attached hereto as Appendix II, entitled "Seven All's Drug Conspiracy" and picturing eight defendants as upper-level drug dealers. The defendant is pictured as a "upper-level drug dealer." The document then portrays the photographs of 18 additional defendants described as mid-level drug dealers. The final series of photographs identifies 30 lower-level street dealers and declares that the total sentences for the members of the Seven All's Drug Conspiracy total 229 years and two months.

VI. A Summary of the Testimony in the Two Hearings Conducted by the Undersigned Judge

1. Trial counsel for the defendant, Donald Butler, testified during the hearing conducted on Friday, October 29, 2010. A transcript of his testimony begins at page 71 and concludes at page 79 and is attached hereto as Appendix III.

2. A primary witness for the government was special Agent Robert Riddlebarger. In the process, he produced, at the Court's request, the Form 302 Report prepared by Riddlebarger four days after the interview/proffer of the defendant on April 13, 2007. A copy of the Form 302 is attached hereto as Appendix IV.

VII. Analysis

The Sixth Circuit has continually recognized that a district court's decision as to whether the safety valve is applicable is largely dependent on the district court's credibility determination. United States v. Stewart, 391 Fed. App'x 490, 496 (6th Cir. 2010); see also United States v. Adu, 82 F.3d 119, 124 (6th Cir. 1996) ("this determination `is a fact-specific one and will often depend on credibility determinations that cannot be replicated with the same accuracy on appeal'") ( quoting United States v. Rodriguez, 69 F.3d 136, 144 (7th Cir. 1995)).

The initial burden of proof is on a defendant to demonstrate by a preponderance of the evidence that he is eligible for the safety valve reduction. Adu, 82 F.3d at 124. "Once he has made this showing, however, it falls upon the government `to show that the information the defendant has supplied is untrue or incomplete.'" United States v. Martinez-Villegas, 993 F. Supp. 766, 773 (C.D. Cal. 1998) (quoting Shrestha, 86 F.3d at 940).

On April 13, 2007, Defendant with his trial counsel Donald Butler proffered information to two FBI agents (Special Agent Robert P. Riddebarger and Special Agent H. Douglas Williams). The proffered interview was not recorded pursuant to FBI policy. During his proffer, Defendant offered information on his role in the conspiracy, his immediate chain of distribution including the street name of his cocaine dealer, indentified the person who taught him how to manufacture crack cocaine, the names of some of his largest crack purchasers as well as his relevant knowledge of co-conspirators he recognized from the government produced document ( Appendix II) or street names, and his knowledge of other drug dealers in the neighborhood. See Appendix IV; see also United States v. Maduka, 104 F.3d 891, 894 (6th Cir. 1997) ("Every court which has considered the issue has held that § 5C1.2 requires a defendant to provide complete information regarding the immediate chain of distribution"); United States v. Arrington, 73 F.3d 144, 148 (7th Cir. 1996); United States v. Ivester, 75 F.3d 182, 184 (4th Cir. 1996); United States v. Romo, 81 F.3d 84, 85 (8th Cir. 1996); United States v. Shrestha, 86 F.3d 935, 939 (9th Cir. 1996); United States v. Thompson, 81 F.3d 877, 879-80 (9th Cir. 1996); United States v. Acosta-Olivas, 71 F.3d 375, 379 (10th Cir. 1995); Rodriguez, 69 F.3d at 143; United States v. Wrenn, 66 F.3d 1, 3 (1st Cir. 1995).

Defendant's case can be distinguished from similar cases, where the defendant did not provide all relevant truthful information to the government. See Adu, 82 F.3d 119, 121 (the defendant merely provided a one-page note to a probation officer); Maduka, 104 F.3d at 894 (the defendant would not provide anyone else's name in his distribution chain and his testimony contradicted a conversation with an undercover informant); United States v. Pena, 598 F.3d 289, 291 (6th Cir. 2010) (the defendant's attorney conceded that his client knew of the requested information but refused to provide it to the government because he feared retaliation); United States v. O'Dell, 247 F.3d 655, 675 (6th Cir. 2001) (the defendant only disclosed the lawful aspects of growing marijuana and did not provide any information regarding his co-conspirators); United States v. Salgado, 250 F.3d 438, 459-60 (6th Cir. 2001) (the government could provide direct evidence to show the defendant's statements were untruthful); United States v. Dottery, 259 Fed. App'x 812, 816-17 (6th Cir. 2008) (the government gave the defendant multiple opportunities to comply with the safety valve requirements but he did not show up to the first few and when he finally attended a session he would not name the source of his crack cocaine); United States v. Polson, 343 Fed. App'x 88, 94 (6th Cir. 2009) (the defendant provided the probation officer with a complete but completely conflicting version of the events then what he provided in his initial statement after arrest).

The testimony of Donald Butler provided additional evidence supporting the credibility of Defendant's proffer:

Q. Okay. Mr. Butler, did Mr. Stewart testify here today before Judge Dowd anything that you wish to dispute or correct in any way?

A. No, because I think it's what he's been saying the entire time he's been going through this experience, that he sold drugs, he was involved with certain individuals, but he wasn't connected to the people that the government was trying to connect him with. And he says — and I think he told them that, hey, I'm going to tell you what I know. And I can't speak for anyone else. And I think he repeated that constantly, not just in the proffer but he repeated it to me before we even went to the proffer, he said it in the proffer, he said it in the courtroom that he wasn't going to vouch or speak on something that he didn't have any connection with, and that if people wanted to speak against him, that was their prerogative, but he knew it was untrue.

Q. So from the time you began to represent Mr. Stewart until today, has his story changed to you regarding who he was involved with and what he did in this conspiracy?

A. It's been the same. He accepted responsibility for his actions right away.

Appendix III. Attorney Butler's testimony supported Defendant's statements and reaffirmed that Defendant persistently claimed that although he sold crack cocaine, Defendant was neither a member of the "Seven Alls/All Seven Up" gang nor professionally connected with the other drug dealers in the neighborhood.^1a

1a Defendant appears to be a novice in the business of drugs. Similar to Defendant in United States v. Sanchez, he acted as a novice in handling these transactions by speaking and meeting with a total stranger, only recently learning how to manufacture crack cocaine and not understanding the value difference between pure cocaine powder and crack cocaine. United States v. Sanchez, 925 F. Supp. 1004, 1009 (S.D.N.Y. 1996) ("It is therefore not surprising that Sanchez would know only the first name of the man who supplied him with the funds and to whom he intended to turn over the drugs").

During Defendant's testimony, he reasserted that he did not have knowledge of any more relevant information concerning the conspiracy. The Court notes that the Defendant acknowledged his acceptance and responsibility in the presentence report when he stated:

First of all I would like to own up to my mistakes I am sorry for the crime that I committed. I made a big mistake by selling drugs to the informant. I am not mad at him or anything like that. The informant came up to me on several occasions asking me do I know where to get drugs from. I told him I knew somebody and would get it for him and that basically was it. I knew the informant all my life. I went and got the drugs for a cheaper price and then sold it to him, I was just trying to make a profit of $100 or $200. Don't get me wrong, I am no angel or nothing like that. I did what I did so I can take care of my family and pay bills. I know it was wrong to do the things I was doing, and again I am sorry for the crime I committed and for any problems that I may have caused. I am not a disrespectful person and I love my family and friends. I never did nothing directly to harm anyone or indirectly. I sold drugs and I am sorry for my actions.

ECF No. 818.

Throughout Defendant's proffer, his discussions with his counsel and during the evidentiary hearing, Defendant maintained he was without knowledge of certain people and would not falsify such information. Where Defendant "could not reasonably have known of the relevance of certain information, the benefits of hindsight will not normally disqualify him from safety-valve relief." United States v. Miller, 179 Fed. App'x 944, 948 (6th Cir. 2006); see also United States v. Mejia-Pimental, 477 F.3d 1100, 1106 (9th Cir. 2007) ("[A]s long as a defendant's ultimate proffer is truthful and complete, he has satisfied the fifth safety valve criterion"); United States v. Tafolla-Gonzalez, 393 Fed. App'x 502, 505 (9th Cir. Idaho 2010) ("Thus, a defendant can satisfy this burden by simply saying he did not know anything, provided he is being truthful").

Although the government hoped Defendant would be able to provide certain information, the government cannot prevent application of the safety valve simply because Defendant failed to disclose a certain fact. United States v. Miller, 179 Fed. App'x 944, 948 (6th Cir. 2006). Defendant does not have to prove "he disclosed a certain fact or lose the safety valve," Id., instead he must provide what relevant knowledge he has and clearly communicate to the government that he does not possess any other information. Shrestha, 86 F.3d at 939 ( citing Rodriguez, 69 F.3d at 143). Furthermore, Defendant is not required to disclose "all minutiae" information regarding the events of the offense:

Implicit in requiring a defendant to disclose "relevant" facts is the defendant's having reason to believe them relevant. Thus, where, as here, the defendant could not reasonably have known of the relevance of certain information, the benefits of hindsight will not normally disqualify him from safety-valve relief. Otherwise defendants would be encouraged to inundate investigators with trivial details having no obvious connection with the offense of conviction or course of conduct, which would be counterproductive to governmental efforts to identify pertinent information.

Miller, 179 Fed. App'x at 947-48.

While the government contends that discrepancies exist in Defendant's statements, it fails to show the information Defendant provided was untrue or incomplete. Martinez-Villegas, 993 F. Supp. at 773. The government bases its assessment of Defendant's credibility on information proffered from gang members^2a and its agents' opinions. While the government recommendation is invaluable, it is nonetheless not dispositive in safety valve reduction cases. Stewart, 391 Fed. App'x at 494 ("Although a government motion is necessary for a substantial-assistance departure, it is not necessary for safety-valve relief").

2a The accuracy and credibility of the other co-conspirators' proffers is unknown. The Sixth Circuit noted that at least one co-defendant, John Robinson, was untruthful during his proffer. Stewart, 391 Fed. App'x at 496.

Even if Defendant's testimony at the evidentiary hearing was inconsistent with his pretrial proffer, "the fact that [he] told the government all the information [he] knew before [his] sentencing is enough for [him] to meet the requirement for the safety valve." United States v. Allen, 2007 U.S. App. Lexis 21592, at *11 (6th Cir. 2007); see also Briggs v. United States, 187 Fed. App'x 540, 545 (6th Cir. 2006). Furthermore, Defendant was neither deceitful nor evasive during his proffer. During his evidentiary hearing Defendant was open and readily admitted he had no issue with providing information about others, only explaining to the government that he would not provide false information about people. Given that he was not a member of the "Seven Alls/All Seven Up" gang and since he truthfully provided all the information he could in order to possibly receive a sentence reduction, Defendant had no reason to conceal information that would have aided his situation. Miller, 179 Fed. App'x at 948.

The only area of dispute between the parties is whether Defendant truthfully proffered all relevant information within his knowledge. Since the government failed to record the actual proffer session and provided little more than hearsay from gang members and the government's opinion on whether Defendant was complete and truthful in the information he provided, the Court must rely on its credibility determination of the Defendant's statements.

Defendant's consistency in the information he provided, his small role in the conspiracy, the lack of connection to the "Seven Alls/All Seven Up" gang, his immediate acceptance of responsibility, his testimony of the chain of distribution, and the testimony of his trial counsel Donald Butler corroborates his account. Thus, the Court finds Defendant's statements credible. The Court finds that the defendant has met his burden of proof through a preponderance of the evidence and that during his proffer the Defendant truthfully provided all the relevant information within his knowledge. Adu, 82 F.3d at 123. Furthermore, the Court finds that the government failed to show that the information the defendant produced was either untrue or incomplete.

VIII. Conclusion

For the foregoing reasons, the Court finds that the defendant is entitled to the safety valve which requires resentencing.

The Court schedules the resentencing hearing for July 28, 2011 at 1:00 PM.

The United States Marshal is directed to return the defendant to the District in advance of the sentencing hearing and to notify Defendant's counsel when the defendant has been returned to the District.

IT IS SO ORDERED.

INDICTMENT COUNT 1

The Grand Jury charges:

Beginning at least as early as May, 2005, and continuing through December, 2006, the exact dates to the Grand Jury unknown, in the Northern District of Ohio, Eastern Division, and elsewhere, WILLIE AUSLER, JR., aka PUFF; DEMETRIUS HINES, aka BOO; CARL DREWERY; JEFFREY C. DOSS, JR.; DONNIE STEWART, aka BOOM; ROY V. TARVER, aka BEAM; JOSEPH SAILES; DON C. BRAGG, JR., aka DJ; BRYAN G. BILLINGSLEY; ERIC BELK, aka LITTLE E; WILLIAM BUTTRAM, aka CHILL WILL; DERRICK DUNNICAN, aka CUCKOO; JOEY L. FREEMAN, aka J; EARWIN WATTERS, aka SCOOTER; IAN HAMPTON; DEMETRIUS CRAWFORD, aka MEECHY; MATTHEW JOHNSON; TERRANCE MALONE, aka TERRANCE HALL, aka MARCELLUS MALONE; CARLOS MOORE, aka D; LAMAR PUGH; JOHNNY ROBINSON, aka D LITTLE; ONEAL CRENSHAW, aka LAMONTE JONES; DARRYL SMITH; STANLEY STONE; DALLAS SWEENEY; DEANDRE TEAGUE; DWAYNE WALDON, aka COOL; BARAK J. WATTERS, aka JERRY JONES; DONALD WHITE, JR., aka DUCK; TAIWAN L. WIGGINS; MICHAEL WILKERSON; GARY D. WORKMAN; THOMAS THOMPSON, aka LATRAY THOMPSON, aka T-TOP; YVES GAINER, aka HOUNTA; ANDRE WATKINS; MICHAEL T. COOK, aka SHANE; RONALD AYERS, aka MAN; ANTHONY HARRIS, aka ANTHONY HARRISON, aka BARRY; IVAN LEWIS; SHERMAN CRENSHAW; HOWARD ORR; MARSHAY WILSON, and TONY BUTTS, aka BULL, the defendants herein, and Eddie L. Cook and Matthew Manning, aka Fife, named but not defendants herein, did unlawfully, knowingly, and intentionally combine, conspire, confederate, and agree together and with each other, and with diverse others known and unknown to the Grand Jury, to possess with the intent to distribute and to distribute 50 grams or more of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(A).

MANNER AND MEANS OF THE CONSPIRACY

A. It was part of the conspiracy that conspiracy members would control drug trafficking activities from East 70^th Street to East 79^th Street between Superior and Saint Clair Avenues in Cleveland, Ohio.

B. It was part of the conspiracy that conspiracy members would purchase quantities of either cocaine and/or cocaine base ("crack") from WILLIE AUSLER, JR., aka PUFF; DEMETRIUS HINES, aka BOO; CARL DREWERY; JEFFREY C. DOSS, JR.; DONNIE STEWART, aka BOOM; ROY V. TARVER, aka BEAM; JOSEPH SAILES; DON C. BRAGG, JR., aka DJ; ERIC BELK, aka LITTLE E, and others.

C. It was further part of the conspiracy that conspiracy members would receive and pass messages (either face to face or via cellular telephones) among each other to facilitate their drug transactions or to avoid law enforcement detection.

D. It was further part of the conspiracy that conspiracy members would at times direct buyers to other members of the conspiracy to consummate the drug transactions requested by the buyer.

E. It was further part of the conspiracy that members of the conspiracy would provide each other with advice and assistance (such as cooking powder cocaine into cocaine base ("crack") for resale) to help facilitate their drug trafficking activities.

F. It was further part of the conspiracy that members of the conspiracy would warn each other of the presence of law enforcement in the neighborhood and attempt to identify and retaliate against individuals that were cooperating with law enforcement.

G. It was further part of the conspiracy that conspiracy members would combine ("pool") their drugs to engage in drug sales of greater quantities and combine ("pool") their money to engage in larger drug purchases from their various suppliers.

H. It was further part of the conspiracy that conspiracy members would engage in violence and/or threats of violence to facilitate the goals and conceal the existence of the conspiracy including protecting the area from East 70^th Street to East 79^th Street between Superior and Saint Clair Avenues in Cleveland, Ohio, from other rival drug dealers.

OVERT ACTS

In furtherance thereof, and to effect the objectives of the conspiracy, the defendants and others performed overt acts in the Northern District of Ohio, including but not limited to the following:

1. On September 9, 2005, JOEY L. FREEMAN, aka J, sold .73 grams of cocaine base ("crack") for $100.00 to a person cooperating with law enforcement (herein after "CW") in the vicinity of East 71^st Street, Cleveland, Ohio.

2. On September 9, 2005, JOEY L. FREEMAN, aka J, told a CW to contact him at (216) 326-6413 to conduct future drug transactions.

3. On September 9, 2005, a CW called JOEY L. FREEMAN, aka J, at (216) 326-6413 and ordered an amount of drugs.

4. On September 9, 2005, JOEY L. FREEMAN, aka J, sold 2.68 grams of cocaine base ("crack") for $240.00 to a CW in the vicinity of 1050 East 79^th Street, Cleveland, Ohio.

5. On September 16, 2005, JOHNNY ROBINSON, aka D LITTLE, sold .63 grams of cocaine base ("crack") for $100.00 to a CW in the vicinity of East 71^st Street, Cleveland, Ohio.

6. On September 16, 2005, JOHNNY ROBINSON, aka D LITTLE, told a CW to contact him at (216) 326-3603 (subscribed to by DALLAS SWEENEY) to conduct future drug transactions.

7. On September 16, 2005, JOHNNY ROBINSON, aka D LITTLE, pooled his drugs with an unknown individual and sold .62 grams of cocaine base ("crack") for $100.00 to a CW in the vicinity of East 71^st Street, Cleveland, Ohio.

8. On September 16, 2005, ANTHONY HARRIS, aka ANTHONY HARRISON, aka BARRY, sold 1.67 grams of cocaine base ("crack") for $200.00 to a CW in the vicinity of East 79^th Street, Cleveland, Ohio.

9. On September 16, 2005, ANTHONY HARRIS, aka ANTHONY HARRISON, aka BARRY, told a CW to contact him at (216) 325-2818 to conduct future drug transactions.

10. On September 20, 2005, BRYAN G. BILLINGSLEY sold .61 grams of cocaine base ("crack") for $80.00 to a CW in the vicinity of East 72^nd Place, Cleveland, Ohio.

11. On September 20, 2005, BRYAN G. BILLINGSLEY told a CW to contact him at (216) 213-4849 to conduct future drug transactions.

12. On September 20, 2005, a CW asked BRYAN G. BILLINGSLEY for an additional $100.00 worth of cocaine base ("crack").

13. On September 20, 2005, BRYAN G. BILLINGSLEY met with WILLIE AUSLER, JR., aka PUFF, and thereafter sold a CW 1.32 grams of cocaine base ("crack") for $100.00 in the vicinity of East 72^nd Place, Cleveland, Ohio.

14. On September 20, 2005, a CW called ANTHONY HARRIS, aka ANTHONY HARRISON, aka BARRY, at (216) 325-2818 and requested an amount of drugs.

15. On September 20, 2005, ANTHONY HARRIS, aka ANTHONY HARRISON, aka BARRY, sold 1.38 grams of cocaine base ("crack") for $200.00 to a CW in the vicinity of 7616 Myron Avenue, Cleveland, Ohio.

16. On September 20, 2005, a CW called JOEY L. FREEMAN, aka J, at (216) 326-6413 and requested an amount of drugs.

17. On September 20, 2005, JOEY L. FREEMAN, aka J, sold 2.44 grams of cocaine base ("crack") for $250.00 to a CW in the vicinity of 1050 East 79^th Street, Cleveland, Ohio.

18. On September 23, 2005, EARWIN WATTERS, aka SCOOTER, and ONEAL CRENSHAW, aka LAMONTE JONES, pooled their drugs and sold 2.10 grams of cocaine base ("crack") for $200.00 to a CW in the vicinity of East 71^st Street, Cleveland, Ohio.

19. On September 23, 2005, EARWIN WATTERS, aka SCOOTER, told a CW to contact him at (216) 240-9964 to conduct future drug transactions.

20. On September 23, 2005, ONEAL CRENSHAW, aka LAMONTE JONES, told a CW to contact him at (216) 376-7951 to conduct future drug transactions.

21. On September 23, 2005, CARLOS MOORE, aka D, sold 2.41 grams of cocaine base ("crack") for $250.00 to a CW in the vicinity of East 79^th Street, Cleveland, Ohio.

22. On September 23, 2005, CARLOS MOORE, aka D, told a CW to contact him at (216) 244-8014 to conduct future drug transactions.

23. On September 30, 2005, DALLAS SWEENEY, LAMAR PUGH, and DARRYL SMITH, pooled their drugs and sold 1.14 grams of cocaine base ("crack") for $130.00 to a CW in the vicinity of East 72^nd Place, Cleveland, Ohio.

24. On October 19, 2005, a CW called DALLAS SWEENEY at (216) 326-3603 and requested an amount of drugs.

25. On October 19, 2005, DALLAS SWEENEY sold 1.63 grams of cocaine base ("crack") for $200.00 to a CW in the vicinity of 1058 East 72^nd Street, Cleveland, Ohio.

26. On October 19, 2005, a CW called EARWIN WATTERS, aka SCOOTER, at (216) 240-9964 and requested an amount of drugs.

27. On October 19, 2005, EARWIN WATTERS, aka SCOOTER, sold .61 grams of cocaine base ("crack") for $200.00 to a CW in the vicinity of East 71^st Street, Cleveland, Ohio.

28. On October 25, 2005, a CW called EARWIN WATTERS, aka SCOOTER, at (216) 240-9964 and requested an amount of drugs.

29. On October 25, 2005, EARWIN WATTERS, aka SCOOTER, sold 2.50 grams of cocaine base ("crack") for $200.00 to a CW in the vicinity of East 71^st Street, Cleveland, Ohio.

30. On October 31, 2005, BRYAN G. BILLINGSLEY sold 1.20 grams of cocaine base ("crack") for $150.00 to a CW in the vicinity of East 71^st Street, Cleveland, Ohio.

31. On October 31, 2005, BRYAN G. BILLINGSLEY told a CW to contact him at (216) 534-6653 to conduct future drug transactions.

32. On October 31, 2005, DWAYNE WALDON, aka COOL, sold 2.36 grams of cocaine base ("crack") for $150.00 to a CW in the vicinity of East 71^st Street, Cleveland, Ohio.

33. On October 31, 2005, DWAYNE WALDON, aka COOL, told a CW to contact him at (216) 324-4042 to conduct future drug transactions.

34. On October 31, 2005, BRYAN G. BILLINGSLEY and DWAYNE WALDON, aka COOL, pooled their drugs and sold .54 grams of cocaine base ("crack") for $50.00 to a CW in the vicinity of East 71^st Street, Cleveland, Ohio.

35. On November 2, 2005, a CW called BRYAN G. BILLINGSLEY at (216) 534-6653 and requested an amount of drugs.

36. On November 2, 2005, BRYAN G. BILLINGSLEY sold 2.20 grams of cocaine base ("crack") for $200.00 to a CW in the vicinity of East 72^nd Place, Cleveland, Ohio.

37. On November 2, 2005, CARLOS MOORE, aka D, sold 2.68 grams of cocaine base ("crack") for $250.00 to a CW in the vicinity of East 79^th Street, Cleveland, Ohio.

38. On November 2, 2005, CARLOS MOORE, aka D, told a CW to contact him at (216) 322-1684 to conduct future drug transactions.

39. On November 4, 2005, a CW called DWAYNE WALDON, aka COOL, at (216) 324-4042 and requested an amount of drugs.

40. On November 4, 2005, DWAYNE WALDON, aka COOL, sold 3.10 grams of cocaine base ("crack") for $250.00 to a CW in the vicinity of East 70^th Street, Cleveland, Ohio.

41. On November 21, 2005, a CW told BARAK J. WATTERS, aka JERRY JONES, that he was looking for EARWIN WATTERS, aka SCOOTER, to purchase an amount of drugs.

42. On November 21, 2005, BARAK J. WATTERS, aka JERRY JONES, told a CW that he was EARWIN WATTERS, aka SCOOTER's uncle and that he would help the CW find SCOOTER.

43. On November 21, 2005, BARAK J. WATTERS, aka JERRY JONES, and MICHAEL WILKERSON sold 2.51 grams of cocaine base ("crack") for $200.00 to a CW in the vicinity of East 71^st Street, Cleveland, Ohio.

44. On November 21, 2005, BARAK J. WATTERS, aka JERRY JONES, and MICHAEL WILKERSON split the proceeds from the sale of 2.51 grams of cocaine base ("crack").

45. On November 21, 2005, BARAK J. WATTERS, aka JERRY JONES, told a CW to contact him at (216) 326-9572 to conduct future drug transactions.

46. On November 28, 2005, BARAK J. WATTERS, aka JERRY JONES, and EARWIN WATTERS, aka SCOOTER, sold 2.23 grams of cocaine base ("crack") for $200.00 to a CW in the vicinity of 6803 Schaeffer Avenue, Cleveland, Ohio.

47. On November 28, 2005, BARAK J. WATTERS, aka JERRY JONES, told a CW that a "half" (one half of an ounce of crack cocaine) would cost "$500.00."

48. On November 28, 2005, EARWIN WATTERS, aka SCOOTER, told a CW to contact him at (216) 240-9964 to conduct future drug transactions.

49. On November 29, 2005, GARY D. WORKMAN sold .60 grams of cocaine base ("crack") for $100.00 to a CW in the vicinity of East 71^st Street, Cleveland, Ohio.

50. On November 29, 2005, GARY D. WORKMAN told a CW to contact him at (216) 256-3011 to conduct future drug transactions.

51. On November 29, 2005, BARAK J. WATTERS, aka JERRY JONES, and EARWIN WATTERS, aka SCOOTER, sold .67 grams of cocaine base ("crack") for $100.00 to a CW in the vicinity of East 71^st Street, Cleveland, Ohio.

52. On November 29, 2005, EARWIN WATTERS, aka SCOOTER, told a CW that a "half" (one half of an ounce of crack cocaine) would cost "$425.00."

53. On November 29, 2005, DWAYNE WALDON, aka COOL, sold .83 grams of cocaine base ("crack") for $80.00 to a CW in the vicinity of East 79^th Street, Cleveland, Ohio.

54. On November 29, 2005, DEMETRIUS HINES, aka BOO, and an unknown individual sold .95 grams of cocaine base ("crack") for $120.00 to a CW in the vicinity of East 78^th Street, Cleveland, Ohio.

55. On November 29, 2005, DEMETRIUS HINES, aka BOO, gave an unknown individual $20.00 and an amount of cocaine base ("crack") as payment for a customer referral.

56. On November 29, 2005, DEMETRIUS HINES, aka BOO, told a CW to contact him at (216) 299-4703 to conduct future drug transactions.

57. On November 30, 2005, a CW called DEMETRIUS HINES, aka BOO, at (216) 299-4703 and requested an amount of drugs.

58. On November 30, 2005, DEMETRIUS HINES, aka BOO, sold 3.56 grams of cocaine base ("crack") for $300.00 to a CW in the vicinity of East 78^th Street, Cleveland, Ohio.

59. On December 13, 2005, a CW called GARY D. WORKMAN at (216) 256-3011 and requested an amount of drugs.

60. On December 13, 2005, GARY D. WORKMAN sold .36 grams of cocaine base ("crack") for $60.00 to a CW in the vicinity of East 71^st Street, Cleveland, Ohio.

61. On December 13, 2005, DEANDRE TEAGUE and Eddie L. Cook pooled their drugs and sold 2.09 grams of cocaine base ("crack") for $200.00 to a CW in the vicinity of East 71^st Street, Cleveland, Ohio.

62. On December 13, 2005, DEANDRE TEAGUE told a CW to contact him at (216) 254-1279 to conduct future drug transactions.

63. On December 13, 2005, Eddie L. Cook told a CW to contact him at (216) 298-2323 to conduct future drug transactions.

64. On December 19, 2005, a CW called DEMETRIUS HINES, aka BOO, at (216) 299-4703 and requested an amount of drugs.

65. On December 19, 2005, DEMETRIUS HINES, aka BOO, sold 4.17 grams of cocaine base ("crack") for $200.00 to a CW in the vicinity of 1164 East 78^th Street, Cleveland, Ohio.

66. On December 21, 2005, DEANDRE TEAGUE sold 1.86 grams of cocaine base ("crack") for $200.00 to a CW in the vicinity of East 71^st Street, Cleveland, Ohio.

67. On December 21, 2005, DEANDRE TEAGUE told a CW to contact him at (216) 254-1279 to conduct future drug transactions.

68. On December 22, 2005, a CW called DEANDRE TEAGUE at (216) 254-1279 and requested an amount of drugs.

69. On December 22, 2005, DEANDRE TEAGUE sold 5.79 grams of cocaine base ("crack") for $265.00 to a CW in the vicinity of East 64^th Street, Cleveland, Ohio.

70. On January 11, 2006, a CW called DEMETRIUS HINES, aka BOO, at (216) 299-4703 and requested an amount of drugs.

71. On January 11, 2006, DEMETRIUS HINES, aka BOO, sold 2.10 grams of cocaine base ("crack") for $200.00 to a CW in the vicinity of East 78^th Street, Cleveland, Ohio.

72. On January 11, 2006, a CW called DEMETRIUS HINES, aka BOO, at (216) 299-4703 and requested an additional amount of drugs.

73. On January 11, 2006, DEMETRIUS HINES, aka BOO, sold 4.74 grams of cocaine base ("crack") for $500.00 to a CW in the vicinity of East 78^th Street, Cleveland, Ohio.

74. On January 26, 2006, JOEY L. FREEMAN, aka J, sold .99 grams of cocaine base ("crack") for $200.00 to a CW in the vicinity of East 71^st Street, Cleveland, Ohio.

75. On January 27, 2006, EARWIN WATTERS, aka SCOOTER, and an unknown individual sold 1.97 grams of cocaine base ("crack") for $200.00 to a CW in the vicinity of East 71^st Street, Cleveland, Ohio.

76. On January 27, 2006, the CW paid EARWIN WATTERS, aka SCOOTER, $40.00 and paid the unknown individual $160.00 for the crack cocaine.

77. On January 27, 2006, EARWIN WATTERS, aka SCOOTER, told the unknown individual that the CW was "my guy" and the unknown individual thereafter gave WATTERS $10.00.

78. On January 30, 2006, IAN HAMPTON sold 1.73 grams of cocaine base ("crack") for $200.00 to a CW in the vicinity of East 70^th Street, Cleveland, Ohio.

79. On January 30, 2006, IAN HAMPTON told a CW to contact him at (216) 355-3363 to conduct future drug transactions.

80. On February 1, 2006, a CW called IAN HAMPTON at (216) 355-3363 and requested an amount of drugs.

81. On February 1, 2006, IAN HAMPTON sold 1.81 grams of cocaine base ("crack") for $260.00 to a CW in the vicinity of East 69^th Street, Cleveland, Ohio.

82. On February 9, 2006, a CW called IAN HAMPTON at (216) 355-3363 and requested an amount of drugs.

83. On February 9, 2006, IAN HAMPTON sold 3.37 grams of cocaine base ("crack") for $320.00 to a CW in the vicinity of East 69^th Street, Cleveland, Ohio.

84. On February 15, 2006, ANDRE WATKINS sold 1.31 grams of cocaine base ("crack") for $200.00 to a CW in the vicinity of East 71^st Street, Cleveland, Ohio.

85. On February 15, 2006, ANDRE WATKINS told a CW to contact him at (216) 214-8018 to conduct future drug transactions.

86. On February 15, 2006, CARLOS MOORE, aka D, sold .40 grams of cocaine base ("crack") for $80.00 to a CW in the vicinity of East 79^th Street, Cleveland, Ohio.

87. On February 16, 2006, JOHNNY ROBINSON, aka D LITTLE, sold 3.42 grams of cocaine base ("crack") for $250.00 to a CW in the vicinity of 1066 East 72^nd Street, Cleveland, Ohio.

88. On February 16, 2006, JOHNNY ROBINSON, aka D LITTLE, told a CW that he had as much crack as the CW wanted and to contact him at (216) 326-9785 to conduct future drug transactions.

89. On February 17, 2006, a CW called JOHNNY ROBINSON, aka D LITTLE, at (216) 326-9785 and requested an amount of drugs.

90. On February 17, 2006, JOHNNY ROBINSON, aka D LITTLE, and DALLAS SWEENEY pooled their drugs and sold 3.18 grams of cocaine base ("crack") for $300.00 to a CW in the vicinity of East 72^nd Street, Cleveland, Ohio.

91. On March 1, 2006, EARWIN WATTERS, aka SCOOTER, sold 2.02 grams of cocaine base ("crack") for $100.00 to a CW in the vicinity of 6803 Schaefer Avenue, Cleveland, Ohio.

92. On March 1, 2006, EARWIN WATTERS, aka SCOOTER, told a CW that he could sell a "half" (one half an ounce of crack cocaine) for "$400.00."

93. On March 1, 2006, EARWIN WATTERS, aka SCOOTER, told a CW to contact him at (216) 376-3015 or (216) 326-9242 to conduct future drug transactions.

94. On March 3, 2006, a CW called EARWIN WATTERS, aka SCOOTER, at (216) 376-3015 and requested one half an ounce of crack cocaine.

95. On March 3, 2006, EARWIN WATTERS, aka SCOOTER, sold 4.94 grams of cocaine and .68 grams of cocaine base ("crack") for $400.00 to a CW in the vicinity of 6803 Schaefer Avenue, Cleveland, Ohio.

96. On March 3, 2006, STANLEY STONE and an unknown individual sold .43 grams of cocaine base ("crack") for $60.00 to a CW in the vicinity of East 71^st Street, Cleveland, Ohio.

97. On March 3, 2006, STANLEY STONE and an unknown individual pooled their drugs and sold 1.81 grams of cocaine base ("crack") for $140.00 to a CW in the vicinity of East 72^nd Street, Cleveland, Ohio.

98. On March 8, 2006, DWAYNE WALDON, aka COOL, sold .63 grams of cocaine base ("crack") for $100.00 to a CW in the vicinity of East 71^st Street, Cleveland, Ohio.

99. On March 8, 2006, DWAYNE WALDON, aka COOL, told a CW to contact him at (216) 324-4042 to conduct future drug transactions.

100. On March 8, 2006, DEMETRIUS CRAWFORD, aka MEECHY, told a CW that he was "SCOOTER's (EARWIN WATTERS') people."

101. On March 8, 2006, DEMETRIUS CRAWFORD, aka MEECHY, sold 1.28 grams of cocaine base ("crack") for $100.00 to a CW in the vicinity of East 71^st Street, Cleveland, Ohio.

102. On March 8, 2006, DEMETRIUS CRAWFORD, aka MEECHY, told a CW to contact him at (216) 253-3774 to conduct future drug transactions.

103. On March 16, 2006, EARWIN WATTERS, aka SCOOTER, sold 1.32 grams of cocaine base ("crack") for $150.00 to a CW in the vicinity of 6803 Schaefer Avenue, Cleveland, Ohio.

104. On March 21, 2006, a CW called WILLIE AUSLER, JR., aka PUFF, at (216) 326-3469 and requested one and one half ounces of crack cocaine.

105. On March 21, 2006, WILLIE AUSLER, JR., aka PUFF, sold 38.01 grams of cocaine base ("crack") for $1,400.00 to a CW in the vicinity of East 76^th Street, Cleveland, Ohio.

106. On March 21, 2006, WILLIE AUSLER, JR., aka PUFF, told the CW not to discuss drugs over the phone in the future.

107. On March 28, 2006, a CW called WILLIE AUSLER, JR., aka PUFF, at (216) 326-3469 and AUSLER asked the CW, "What was the number you wanted me to play?" The CW responded, "1400."

108. On March 28, 2006, WILLIE AUSLER, JR., aka PUFF, sold 46.84 grams of cocaine base ("crack") for $1,440.00 to a CW in the vicinity of East 76^th Street, Cleveland, Ohio.

109. On April 6, 2006, MATTHEW JOHNSON sold 1.00 gram of cocaine base ("crack") for $200.00 to a CW in the vicinity of 1086 East 71^st Street, Cleveland, Ohio.

110. On April 6, 2006, MATTHEW JOHNSON told the CW that he was SCOOTER's (EARWIN WATTERS') cousin and to look for him near SCOOTER's house on Schaefer Avenue.

111. On April 11, 2006, a CW called DEMETRIUS HINES, aka BOO, at (216) 299-4703 and requested an amount of drugs.

112. On April 11, 2006, DEMETRIUS HINES, aka BOO, sold 59.81 grams of cocaine base ("crack") for $1,500.00 to a CW in the vicinity of East 68^th Street, Cleveland, Ohio.

113. On April 13, 2006, JOEY L. FREEMAN, aka J, sold 1.12 grams of cocaine base ("crack") for $160.00 to a CW in the vicinity of East 71^st Street, Cleveland, Ohio.

114. On April 13, 2006, JOEY L. FREEMAN, aka J, told the CW to contact him at (216) 322-7304 to conduct future drug transactions.

115. On April 13, 2006, JOEY L. FREEMAN, aka J, STANLEY STONE and DONALD WHITE, JR., aka DUCK, sold .58 grams of cocaine base ("crack") for $140.00 to a CW in the vicinity of East 71^st Street, Cleveland, Ohio.

116. On April 13, 2006, STANLEY STONE told the CW to contact him at (216) 333-5477 to conduct future drug transactions.

117. On April 13, 2006, DONALD WHITE, JR., aka DUCK, told a CW that he was working with "J" (JOEY L. FREEMAN) and to contact him (JOEY L. FREEMAN) for any future transactions.

118. On April 18, 2006, a CW called CARL DREWERY at (216) 276-9351 and discussed the purchase of two and one quarter ounces of crack cocaine.

119. On April 18, 2006, CARL DREWERY told a CW that he did not have the full two and one quarter ounces of crack cocaine on hand, but that he could "call my dude and have him whip it up."

120. On April 18, 2006, CARL DREWERY sold 39.55 grams of cocaine base ("crack") for $1,160.00 to a CW in the vicinity of 885 East 73^rd Street, Cleveland, Ohio.

121. On April 27, 2006, a CW called CARL DREWERY at (216) 276-9351 and requested an amount of drugs.

122. On April 27, 2006, CARL DREWERY told a CW, "It's cool, but be careful because the police is out on the street."

123. On April 27, 2006, CARL DREWERY sold 54.93 grams of cocaine base ("crack") for $1,800.00 to a CW in the vicinity of 885 East 73^rd Street, Cleveland, Ohio.

124. On May 3, 2006, a CW called DON C. BRAGG, JR., aka DJ, at (216) 394-7498 and requested an amount of drugs.

125. On May 3, 2006, DON C. BRAGG, JR., aka DJ, sold 22.00 grams of cocaine base ("crack") for $700.00 to a CW in the vicinity of East 68^th Street, Cleveland, Ohio.

126. On May 3, 2006, DON C. BRAGG, JR., aka DJ, told a CW, "this is the start of a beautiful thing."

127. On May 10, 2006, a CW called DONNIE STEWART, aka BOOM, at (216) 214-8516 and requested an amount of drugs.

128. On May 10, 2006, DONNIE STEWART, aka BOOM, sold 119.21 grams of cocaine base ("crack") for $3,000.00 to a CW in the vicinity of Norwood Avenue, Cleveland, Ohio.

129. On May 16, 2006, a CW called JEFFREY C. DOSS, JR., at (216) 904-1038 and requested an amount of drugs.

130. On May 16, 2006, JEFFREY C. DOSS, JR., sold 148.66 grams of cocaine base ("crack") for $3,050.00 to a CW in the vicinity of East 77^th Street, Cleveland, Ohio.

131. On May 25, 2006, a CW called JEFFREY C. DOSS, JR., at (216) 904-1038 and requested an amount of drugs.

132. On May 25, 2006, JEFFREY C. DOSS, JR., sold 11.41 grams of cocaine base ("crack") for $400.00 to a CW in the vicinity of East 77^th Street, Cleveland, Ohio.

133. On June 1, 2006, a CW called DONNIE STEWART, aka BOOM, at (216) 214-8516 and requested an amount of drugs.

134. On June 1, 2006, DONNIE STEWART, aka BOOM, sold 30.56 grams of cocaine base ("crack") for $1,240.00 to a CW in the vicinity of Norwood Avenue, Cleveland, Ohio.

135. On June 2, 2006, a CW called ROY V. TARVER, aka BEAM, at (216) 410-4444 and requested an amount of drugs.

136. On June 2, 2006, ROY V. TARVER, aka BEAM, sold 57.11 grams of cocaine base ("crack") for $1,500.00 to a CW in the vicinity of Russell Avenue, Cleveland, Ohio.

137. On June 13, 2006, a CW called DERRICK DUNNICAN, aka CUCKOO, at (216) 854-0978 and requested an amount of drugs.

138. On June 13, 2006, DERRICK DUNNICAN, aka CUCKOO, sold 4.50 grams of cocaine base ("crack") for $180.00 to a CW in the vicinity of East 71^st Street, Cleveland, Ohio.

139. On June 19, 2006, a CW called DERRICK DUNNICAN, aka CUCKOO, at (216) 854-0978 and requested an amount of drugs.

140. On June 19, 2006, DERRICK DUNNICAN, aka CUCKOO, sold 19.80 grams of cocaine base ("crack") for $820.00 to a CW in the vicinity of 1036 East 79^th Street, Cleveland, Ohio.

141. On June 29, 2006, HOWARD ORR sold 10.37 grams of cocaine base ("crack") for $400.00 to a CW in the vicinity of East 71^st Street, Cleveland, Ohio.

142. On June 29, 2006, HOWARD ORR told the CW to contact him at (216) 854-0544 to conduct future drug transactions.

143. On June 29, 2006, TERRANCE MALONE, aka TERRANCE HALL, aka MARCELLUS MALONE, called a CW and told him he was ready to sell drugs.

144. On June 29, 2006, TERRANCE MALONE, aka TERRANCE HALL, aka MARCELLUS MALONE, sold 10.38 grams of cocaine base ("crack") for $450.00 to a CW in the vicinity of East 77^th Street, Cleveland, Ohio.

145. On July 13, 2006, TAIWAN L. WIGGINS and a CW discussed the purchase of two and one quarter ounces of crack cocaine.

146. On July 13, 2006, TAIWAN L. WIGGINS told a CW that he had ten pounds of marijuana, but did not currently have crack cocaine because his Jamaican supplier had recently been "knocked off" (arrested).

147. On July 13, 2006, TAIWAN L. WIGGINS told a CW that he had just "cooked" a "track" (one eight of a kilogram) for "BOOM" (DONNIE STEWART).

148. On July 26, 2006, a CW called JOSEPH SAILES at (216) 534-4676 and requested an amount of drugs.

149. On July 26, 2006, JOSEPH SAILES drove WILLIAM BUTTRAM, aka CHILL WILL, to the area of East 71^st Street and Bliss Avenue, Cleveland, Ohio, to meet a CW.

150. On July 26, 2006, JOSEPH SAILES and WILLIAM BUTTRAM, aka CHILL WILL, sold 7.95 grams of cocaine base ("crack") for $400.00 to a CW in the vicinity of East 71^st Street, Cleveland, Ohio.

151. On July 28, 2006, TAIWAN L. WIGGINS cooked 246.96 grams of cocaine base ("crack") for a CW.

152. On July 28, 2006, TAIWAN L. WIGGINS told a CW that he cooks cocaine into crack cocaine for DONNIE STEWART, aka BOOM.

153. On July 28, 2006, TAIWAN L. WIGGINS told a CW that DONNIE STEWART, aka BOOM, currently had his .40 caliber pistol.

154. On August 11, 2006, a CW contacted Matthew Manning, aka Fife, to purchase crack cocaine.

155. On August 11, 2006, Matthew Manning, aka Fife, told a CW that he was not currently in possession of crack cocaine.

156. On August 11, 2006, Matthew Manning, aka Fife, met with YVES GAINER, aka HOUNTA, in the vicinity of East 71^st Street and Bliss Avenue, Cleveland, Ohio.

157. On August 11, 2006, Matthew Manning, aka Fife, sold 1.46 grams of cocaine base ("crack") for $200.00 to a CW in the vicinity of East 71^st Street and Bliss Avenue, Cleveland, Ohio.

158. On August 18, 2006, YVES GAINER, aka HOUNTA, sold .63 grams of cocaine base ("crack") for $120.00 to a CW in the vicinity of East 71^st Street and Bliss Avenue, Cleveland, Ohio.

159. On August 23, 2006, a CW called JOSEPH SAILES at (216) 534-4676 and requested an amount of drugs.

160. On August 23, 2006, JOSEPH SAILES and TERRANCE MALONE, aka TERRANCE HALL, aka MARCELLUS MALONE, met with a CW in the vicinity of Norwood Avenue, Cleveland, Ohio.

161. On August 23, 2006, JOSEPH SAILES sold 12.50 grams of cocaine base ("crack") for $450.00 to a CW in the vicinity of Norwood Avenue, Cleveland, Ohio.

162. On August 23, 2006, a CW told JOSEPH SAILES that his previous purchase from SAILES involving WILLIAM BUTTRAM, aka CHILL WILL, was "short" (less drugs than actually paid for).

163. On August 23, 2006, JOSEPH SAILES told the CW that this was not the first time he had heard that "packages" were "short with WILL" and advised that WILLIAM BUTTRAM, aka CHILL WILL, would not participate in future transactions.

164. On August 25, 2006, YVES GAINER, aka HOUNTA, sold 4.16 grams of cocaine base ("crack") for $400.00 to a CW in the vicinity of East 71^st Street, Cleveland, Ohio.

165. On August 31, 2006, a CW called THOMAS THOMPSON, aka LATRAY THOMPSON, aka T-TOP, at (216) 539-6280 and requested an amount of drugs.

166. On August 31, 2006, THOMAS THOMPSON, aka LATRAY THOMPSON, aka T-TOP, sold 1.18 grams of cocaine base ("crack") for $100.00 to a CW in the vicinity of East 71^st Street, Cleveland, Ohio.

167. On August 31, 2006, YVES GAINER, aka HOUNTA, accepted $60.00 from a CW for purportedly providing security for a drug meeting.

168. On September 7, 2006, TONY BUTTS, aka BULL, sold .20 grams of cocaine base ("crack") for $20.00 to a CW in the vicinity of East 79^th Street, Cleveland, Ohio.

169. On September 8, 2006, YVES GAINER, aka HOUNTA, sold .42 grams of cocaine base ("crack") for $100.00 to a CW in the vicinity of 1147 East 71^st Street, Cleveland, Ohio.

170. On September 14, 2006, MICHAEL T. COOK, aka SHANE, sold 2.70 grams of cocaine base ("crack") for $200.00 to a CW in the vicinity of East 71^st Street, Cleveland, Ohio.

171. On September 15, 2006, RONALD AYERS, aka MAN, accepted $50.00 from a CW for purportedly providing security for a drug meeting.

172. On September 18, 2006, a CW called JOSEPH SAILES at (216) 534-4676 and requested an amount of drugs.

173. On September 18, 2006, JOSEPH SAILES sold 10.28 grams of cocaine base ("crack") for $500.00 to a CW in the vicinity of Norwood Avenue, Cleveland, Ohio.

174. On September 18, 2006, JOSEPH SAILES told a CW: "You're gonna like this shit, it's cream. You'll be back."

175. On September 29, 2006, RONALD AYERS, aka MAN, sold 3.42 grams of cocaine base ("crack") for $250.00 to a CW in the vicinity of East 71^st Street, Cleveland, Ohio.

176. On September 29, 2006, RONALD AYERS, aka MAN, told a CW to contact him at (216) 212-6648 to conduct future drug transactions.

177. On October 10, 2006, RONALD AYERS, aka MAN, sold 3.6 grams of cocaine base ("crack") for $300.00 to a CW in the vicinity of East 72^nd Place, Cleveland, Ohio.

178. On October 13, 2006, EARWIN WATTERS, aka SCOOTER, sold 5.2 grams of cocaine base ("crack") for $300.00 to a CW in the vicinity of 6803 Schaefer Avenue, Cleveland, Ohio.

179. On October 13, 2006, EARWIN WATTERS, aka SCOOTER, told a CW that he could sell him a pistol for between "$100.00 to $200.00."

180. On October 25, 2006, EARWIN WATTERS, aka SCOOTER, sold 3.9 grams of cocaine base ("crack") for $300.00 to a CW in the vicinity of 6803 Schaefer Avenue, Cleveland, Ohio.

181. On October 25, 2006, EARWIN WATTERS, aka SCOOTER, told a CW that he could sell him an "Uzi for $800.00."

182. On October 26, 2006, EARWIN WATTERS, aka SCOOTER, and an individual known to the grand jury sold a Ruger, Model number 10-22, .22 caliber LR rifle to a CW for $850.00.

183. On October 26, 2006, EARWIN WATTERS, aka SCOOTER, told a CW that he could sell him either a "32 round, banana style" clip or "100 round" drum style magazine for the rifle.

184. On October 26, 2006, EARWIN WATTERS, aka SCOOTER, told a CW that he could sell him a "bullet-proof vest" for "$600.00.

185. On November 8, 2006, ROY V. TARVER, aka BEAM, sold 27.21 grams of cocaine base ("crack") for $800.00 to a CW in the vicinity of 1317 Russell Road, Cleveland, Ohio.

186. On November 30, 2006, ERIC BELK, aka LITTLE E, sold 51.5 grams of cocaine base ("crack") for $1,700.00 to a CW in the vicinity of 885 East 73^rd Street, Cleveland, Ohio.

187. On November 30, 2006, a CW called MARSHAY WILSON at (216) 240-9532 and requested an amount of drugs.

188. On November 30, 2006, MARSHAY WILSON sold 28.7 grams of cocaine base ("crack") for $700.00 to a CW in the vicinity of East 73^rd Street, Cleveland, Ohio.

189. On December 6, 2006, ERIC BELK, aka LITTLE E, sold 6.4 grams of cocaine base ("crack") for $200.00 to a CW in the vicinity of East 77^th Street, Cleveland, Ohio.

190. On December 7, 2006, MARSHAY WILSON sold 35.2 grams of cocaine base ("crack") for $700.00 to a CW in the vicinity of East 73^rd Street, Cleveland, Ohio.

All in violation of Title 21, United States Code, Section 846.

COUNT 2

The Grand Jury further charges:

On or about September 9, 2005, in the Northern District of Ohio, Eastern Division, JOEY L. FREEMAN, aka J, did knowingly and intentionally distribute approximately .73 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 3

The Grand Jury further charges:

On or about September 9, 2005, in the Northern District of Ohio, Eastern Division, JOEY L. FREEMAN, aka J, did knowingly and intentionally distribute approximately 2.68 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 4

The Grand Jury further charges:

On or about September 16, 2005, in the Northern District of Ohio, Eastern Division, JOHNNY ROBINSON, aka D LITTLE, did knowingly and intentionally distribute approximately .62 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 5

The Grand Jury further charges:

On or about September 16, 2005, in the Northern District of Ohio, Eastern Division, ANTHONY HARRIS, aka ANTHONY HARRISON, aka BARRY, did knowingly and intentionally distribute approximately 1.67 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 6

The Grand Jury further charges:

On or about September 20, 2005, in the Northern District of Ohio, Eastern Division, BRYAN G. BILLINGSLEY did knowingly and intentionally distribute approximately .61 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 7

The Grand Jury further charges:

On or about September 20, 2005, in the Northern District of Ohio, Eastern Division, BRYAN G. BILLINGSLEY and WILLIE AUSLER, JR., aka PUFF, did knowingly and intentionally distribute approximately 1.32 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C) and Title 18, United States Code, Section 2.

COUNT 8

The Grand Jury further charges:

On or about September 20, 2005, in the Northern District of Ohio, Eastern Division, ANTHONY HARRIS, aka ANTHONY HARRISON, aka BARRY, did knowingly and intentionally distribute approximately 1.38 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 9

The Grand Jury further charges:

On or about September 20, 2005, in the Northern District of Ohio, Eastern Division, JOEY L. FREEMAN, aka J, did knowingly and intentionally distribute approximately 2.44 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 10

The Grand Jury further charges:

On or about September 23, 2005, in the Northern District of Ohio, Eastern Division, ONEAL CRENSHAW, aka LAMONTE JONES, and EARWIN WATTERS, aka SCOOTER, did knowingly and intentionally distribute approximately 2.10 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C) and Title 18, United States Code, Section 2.

COUNT 11

The Grand Jury further charges:

On or about September 23, 2005, in the Northern District of Ohio, Eastern Division, CARLOS MOORE, aka D, did knowingly and intentionally distribute approximately 2.41 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 12

The Grand Jury further charges:

On or about September 30, 2005, in the Northern District of Ohio, Eastern Division, DALLAS SWEENEY, LAMAR PUGH, and DARRYL SMITH did knowingly and intentionally distribute approximately 1.14 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C) and Title 18, United States Code, Section 2.

COUNT 13

The Grand Jury further charges:

On or about October 11, 2005, in the Northern District of Ohio, Eastern Division, THOMAS THOMPSON, aka LATRAY THOMPSON, aka T-TOP, did knowingly and intentionally possess with the intent to distribute approximately .29 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 14

The Grand Jury further charges:

On or about October 19, 2005, in the Northern District of Ohio, Eastern Division, DALLAS SWEENEY did knowingly and intentionally distribute approximately 1.63 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 15

The Grand Jury further charges:

On or about October 19, 2005, in the Northern District of Ohio, Eastern Division, EARWIN WATTERS, aka SCOOTER, did knowingly and intentionally distribute approximately .61 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 16

The Grand Jury further charges:

On or about October 25, 2005, in the Northern District of Ohio, Eastern Division, EARWIN WATTERS, aka SCOOTER, did knowingly and intentionally distribute approximately 2.50 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 17

The Grand Jury further charges:

On or about October 31, 2005, in the Northern District of Ohio, Eastern Division, BRYAN G. BILLINGSLEY did knowingly and intentionally distribute approximately 1.20 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 18

The Grand Jury further charges:

On or about October 31, 2005, in the Northern District of Ohio, Eastern Division, DWAYNE WALDON, aka COOL, did knowingly and intentionally distribute approximately 2.36 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 19

The Grand Jury further charges:

On or about October 31, 2005, in the Northern District of Ohio, Eastern Division, DWAYNE WALDON, aka COOL, and BRYAN G. BILLINGSLEY did knowingly and intentionally distribute approximately .54 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C) and Title 18, United States Code, Section 2.

COUNT 20

The Grand Jury further charges:

On or about November 2, 2005, in the Northern District of Ohio, Eastern Division, BRYAN G. BILLINGSLEY did knowingly and intentionally distribute approximately 2.20 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 21

The Grand Jury further charges:

On or about November 2, 2005, in the Northern District of Ohio, Eastern Division, CARLOS MOORE, aka D, did knowingly and intentionally distribute approximately 2.68 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 22

The Grand Jury further charges:

On or about November 4, 2005, in the Northern District of Ohio, Eastern Division, DWAYNE WALDON, aka COOL, did knowingly and intentionally distribute approximately 3.10 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 23

The Grand Jury further charges:

On or about November 21, 2005, in the Northern District of Ohio, Eastern Division, BARAK J. WATTERS, aka JERRY JONES, and MICHAEL WILKERSON did knowingly and intentionally distribute approximately 2.51 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C) and Title 18, United States Code, Section 2.

COUNT 24

The Grand Jury further charges:

On or about November 28, 2005, in the Northern District of Ohio, Eastern Division, BARAK J. WATTERS, aka JERRY JONES, and EARWIN WATTERS, aka SCOOTER, did knowingly and intentionally distribute approximately 2.23 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C) and Title 18, United States Code, Section 2.

COUNT 25

The Grand Jury further charges:

On or about November 29, 2005, in the Northern District of Ohio, Eastern Division, GARY D. WORKMAN did knowingly and intentionally distribute approximately .60 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 26

The Grand Jury further charges:

On or about November 29, 2005, in the Northern District of Ohio, Eastern Division, BARAK J. WATTERS, aka JERRY JONES, and EARWIN WATTERS, aka SCOOTER, did knowingly and intentionally distribute approximately .67 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C) and Title 18, United States Code, Section 2.

COUNT 27

The Grand Jury further charges:

On or about November 29, 2005, in the Northern District of Ohio, Eastern Division, DWAYNE WALDON, aka COOL, did knowingly and intentionally distribute approximately .83 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 28

The Grand Jury further charges:

On or about November 29, 2005, in the Northern District of Ohio, Eastern Division, DEMETRIUS HINES, aka BOO, and another individual unknown to the Grand Jury, did knowingly and intentionally distribute approximately .95 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C) and Title 18, United States Code, Section 2.

COUNT 29

The Grand Jury further charges:

On or about November 30, 2005, in the Northern District of Ohio, Eastern Division, DEMETRIUS HINES, aka BOO, did knowingly and intentionally distribute approximately 3.56 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 30

The Grand Jury further charges:

On or about December 13, 2005, in the Northern District of Ohio, Eastern Division, GARY D. WORKMAN did knowingly and intentionally distribute approximately .36 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 31

The Grand Jury further charges:

On or about December 13, 2005, in the Northern District of Ohio, Eastern Division, DEANDRE TEAGUE and Eddie L. Cook did knowingly and intentionally distribute approximately 2.09 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C) and Title 18, United States Code, Section 2.

COUNT 32

The Grand Jury further charges:

On or about December 19, 2005, in the Northern District of Ohio, Eastern Division, DEMETRIUS HINES, aka BOO, did knowingly and intentionally distribute approximately 4.17 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 33

The Grand Jury further charges:

On or about December 21, 2005, in the Northern District of Ohio, Eastern Division, DEANDRE TEAGUE did knowingly and intentionally distribute approximately 1.86 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 34

The Grand Jury further charges:

On or about December 22, 2005, in the Northern District of Ohio, Eastern Division, DEANDRE TEAGUE did knowingly and intentionally distribute approximately 5.79 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(B).

COUNT 35

The Grand Jury further charges:

On or about January 11, 2006, in the Northern District of Ohio, Eastern Division, DEMETRIUS HINES, aka BOO, did knowingly and intentionally distribute approximately 2.10 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 36

The Grand Jury further charges:

On or about January 11, 2006, in the Northern District of Ohio, Eastern Division, DEMETRIUS HINES, aka BOO, did knowingly and intentionally distribute approximately 4.74 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 37

The Grand Jury further charges:

On or about January 26, 2006, in the Northern District of Ohio, Eastern Division, JOEY L. FREEMAN, aka J, did knowingly and intentionally distribute approximately .99 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 38

The Grand Jury further charges:

On or about January 27, 2006, in the Northern District of Ohio, Eastern Division, EARWIN WATTERS, aka SCOOTER, and another individual unknown to the Grand Jury, did knowingly and intentionally distribute approximately 1.97 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C) and Title 18, United States Code, Section 2.

COUNT 39

The Grand Jury further charges:

On or about January 30, 2006, in the Northern District of Ohio, Eastern Division, IAN HAMPTON and other individuals unknown to the Grand Jury, did knowingly and intentionally distribute approximately 1.73 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C) and Title 18, United States Code, Section 2.

COUNT 40

The Grand Jury further charges:

On or about February 1, 2006, in the Northern District of Ohio, Eastern Division, IAN HAMPTON did knowingly and intentionally distribute approximately 1.81 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 41

The Grand Jury further charges:

On or about February 9, 2006, in the Northern District of Ohio, Eastern Division, IAN HAMPTON did knowingly and intentionally distribute approximately 3.37 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 42

The Grand Jury further charges:

On or about February 15, 2006, in the Northern District of Ohio, Eastern Division, ANDRE WATKINS did knowingly and intentionally distribute approximately 1.31 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Section 841(a)(1) and (b)(1)(C).

COUNT 43

The Grand Jury further charges:

On or about February 15, 2006, in the Northern District of Ohio, Eastern Division, CARLOS MOORE, aka D, did knowingly and intentionally distribute approximately .40 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 44

The Grand Jury further charges:

On or about February 16, 2006, in the Northern District of Ohio, Eastern Division, JOHNNY ROBINSON, aka D LITTLE, did knowingly and intentionally distribute approximately 3.42 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 45

The Grand Jury further charges:

On or about February 17, 2006, in the Northern District of Ohio, Eastern Division, JOHNNY ROBINSON, aka D LITTLE, and DALLAS SWEENEY did knowingly and intentionally distribute approximately 3.18 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C) and Title 18, United States Code, Section 2.

COUNT 46

The Grand Jury further charges:

On or about March 1, 2006, in the Northern District of Ohio, Eastern Division, EARWIN WATTERS, aka SCOOTER, did knowingly and intentionally distribute approximately 2.02 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 47

The Grand Jury further charges:

On or about March 3, 2006, in the Northern District of Ohio, Eastern Division, EARWIN WATTERS, aka SCOOTER, did knowingly and intentionally distribute approximately .68 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 48

The Grand Jury further charges:

On or about March 3, 2006, in the Northern District of Ohio, Eastern Division, EARWIN WATTERS, aka SCOOTER, did knowingly and intentionally distribute approximately 4.94 grams of a mixture or substance containing a detectable amount of cocaine, a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 49

The Grand Jury further charges:

On or about March 3, 2006, in the Northern District of Ohio, Eastern Division, STANLEY STONE and another individual unknown to the Grand Jury, did knowingly and intentionally distribute approximately .43 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C) and Title 18, United States Code, Section 2.

COUNT 50

The Grand Jury further charges:

On or about March 3, 2006, in the Northern District of Ohio, Eastern Division, STANLEY STONE and another individual unknown to the Grand Jury, did knowingly and intentionally distribute approximately 1.81 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C) and Title 18, United States Code, Section 2.

COUNT 51

The Grand Jury further charges:

On or about March 8, 2006, in the Northern District of Ohio, Eastern Division, DWAYNE WALDON, aka COOL, did knowingly and intentionally distribute approximately .63 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 52

The Grand Jury further charges:

On or about March 8, 2006, in the Northern District of Ohio, Eastern Division, DEMETRIUS CRAWFORD, aka MEECHY, did knowingly and intentionally distribute approximately 1.28 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 53

The Grand Jury further charges:

On or about March 16, 2006, in the Northern District of Ohio, Eastern Division, EARWIN WATTERS, aka SCOOTER, did knowingly and intentionally distribute approximately 1.32 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 54

The Grand Jury further charges:

On or about March 21, 2006, in the Northern District of Ohio, Eastern Division, WILLIE AUSlER, JR., aka PUFF, did knowingly and intentionally distribute approximately 38.01 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(B).

COUNT 55

The Grand Jury further charges:

On or about March 28, 2006, in the Northern District of Ohio, Eastern Division, WILLIE AUSlER, JR., aka PUFF, did knowingly and intentionally distribute approximately 46.84 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(B).

COUNT 56

The Grand Jury further charges:

On or about April 6, 2006, in the Northern District of Ohio, Eastern Division, MATTHEW JOHNSON did knowingly and intentionally distribute approximately 1.00 gram of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 57

The Grand Jury further charges:

On or about April 11, 2006, in the Northern District of Ohio, Eastern Division, DEMETRIUS HINES, aka BOO, did knowingly and intentionally distribute approximately 59.81 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(A).

COUNT 58

The Grand Jury further charges:

On or about April 13, 2006, in the Northern District of Ohio, Eastern Division, JOEY L. FREEMAN, aka J, did knowingly and intentionally distribute approximately 1.12 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 59

The Grand Jury further charges:

On or about April 13, 2006, in the Northern District of Ohio, Eastern Division, JOEY L. FREEMAN, aka J, STANLEY STONE, and DONALD WHITE, JR., aka DUCK, did knowingly and intentionally distribute approximately .58 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C) and Title 18, United States Code, Section 2.

COUNT 60

The Grand Jury further charges:

On or about April 18, 2006, in the Northern District of Ohio, Eastern Division, CARL DREWERY did knowingly and intentionally distribute approximately 39.55 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(B).

COUNT 61

The Grand Jury further charges:

On or about April 27, 2006, in the Northern District of Ohio, Eastern Division, CARL DREWERY did knowingly and intentionally distribute approximately 54.93 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(A).

COUNT 62

The Grand Jury further charges:

On or about May 3, 2006, in the Northern District of Ohio, Eastern Division, DON C. BRAGG, JR., aka DJ, did knowingly and intentionally distribute approximately 22.00 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(B).

COUNT 63

The Grand Jury further charges:

On or about May 10, 2006, in the Northern District of Ohio, Eastern Division, DONNIE STEWART, aka BOOM, did knowingly and intentionally distribute approximately 119.21 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(A).

COUNT 64

The Grand Jury further charges:

On or about May 16, 2006, in the Northern District of Ohio, Eastern Division, JEFFREY C. DOSS, JR., did knowingly and intentionally distribute approximately 148.66 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(A).

COUNT 65

The Grand Jury further charges:

On or about May 25, 2006, in the Northern District of Ohio, Eastern Division, JEFFREY C. DOSS, JR., did knowingly and intentionally distribute approximately 11.41 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(B).

COUNT 66

The Grand Jury further charges:

On or about June 1, 2006, in the Northern District of Ohio, Eastern Division, DONNIE STEWART, aka BOOM, did knowingly and intentionally distribute approximately 30.56 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(B).

COUNT 67

The Grand Jury further charges:

On or about June 2, 2006, in the Northern District of Ohio, Eastern Division, ROY V. TARVER, aka BEAM, did knowingly and intentionally distribute approximately 57.11 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(A).

COUNT 68

The Grand Jury further charges:

On or about June 13, 2006, in the Northern District of Ohio, Eastern Division, DERRICK DUNNICAN, aka CUCKOO, did knowingly and intentionally distribute approximately 4.50 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 69

The Grand Jury further charges:

On or about June 19, 2006, in the Northern District of Ohio, Eastern Division, DERRICK DUNNICAN, aka CUCKOO, did knowingly and intentionally distribute approximately 19.80 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(B).

COUNT 70

The Grand Jury further charges:

On or about June 29, 2006, in the Northern District of Ohio, Eastern Division, HOWARD ORR did knowingly and intentionally distribute approximately 10.37 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(B).

COUNT 71

The Grand Jury further charges:

On or about June 29, 2006, in the Northern District of Ohio, Eastern Division, TERRANCE MALONE, aka TERRANCE HALL, aka MARCELLUS MALONE, did knowingly and intentionally distribute approximately 10.38 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(B).

COUNT 72

The Grand Jury further charges:

On or about July 26, 2006, in the Northern District of Ohio, Eastern Division, JOSEPH SAILES and WILLIAM BUTTRAM, aka CHILL WILL, did knowingly and intentionally distribute approximately 7.95 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(B) and Title 18, United States Code, Section 2.

COUNT 73

The Grand Jury further charges:

On or about August 4, 2006, in the Northern District of Ohio, Eastern Division, SHERMAN CRENSHAW did knowingly and intentionally distribute approximately 31.79 grams of a mixture or substance containing a detectable amount of 3,4 Methylenedioxymethamphetamine ("MDMA" or "ecstasy"), a Schedule I controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 74

The Grand Jury further charges:

On or about August 18, 2006, in the Northern District of Ohio, Eastern Division, YVES GAINER, aka HOUNTA, did knowingly and intentionally distribute approximately .63 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 75

The Grand Jury further charges:

On or about August 23, 2006, in the Northern District of Ohio, Eastern Division, JOSEPH SAILES did knowingly and intentionally distribute approximately 12.50 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(B).

COUNT 76

The Grand Jury further charges:

On or about August 25, 2006, in the Northern District of Ohio, Eastern Division, YVES GAINER, aka HOUNTA, did knowingly and intentionally distribute approximately 4.16 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 77

The Grand Jury further charges:

On or about August 31, 2006, in the Northern District of Ohio, Eastern Division, THOMAS THOMPSON, aka LATRAY THOMPSON, aka T-TOP, did knowingly and intentionally distribute approximately 1.18 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 78

The Grand Jury further charges:

On or about September 7, 2006, in the Northern District of Ohio, Eastern Division, TONY BUTTS, aka BULL, did knowingly and intentionally distribute approximately .20 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 79

The Grand Jury further charges:

On or about September 8, 2006, in the Northern District of Ohio, Eastern Division, YVES GAINER, aka HOUNTA, did knowingly and intentionally distribute approximately .42 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 80

The Grand Jury further charges:

On or about September 14, 2006, in the Northern District of Ohio, Eastern Division, MICHAEL T. COOK, aka SHANE, did knowingly and intentionally distribute approximately 2.70 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 81

The Grand Jury further charges:

On or about September 18, 2006, in the Northern District of Ohio, Eastern Division, JOSEPH SAILES did knowingly and intentionally distribute approximately 10.28 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(B).

COUNT 82

The Grand Jury further charges:

On or about September 26, 2006, in the Northern District of Ohio, Eastern Division, IVAN LEWIS and ANTHONY HARRIS, aka ANTHONY HARRISON, aka BARRY, did knowingly and intentionally distribute approximately .67 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C) and Title 18, United States Code, Section 2.

COUNT 83

The Grand Jury further charges:

On or about September 29, 2006, in the Northern District of Ohio, Eastern Division, RONALD AYERS, aka MAN, did knowingly and intentionally distribute approximately 3.42 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 84

The Grand Jury further charges:

On or about October 6, 2006, in the Northern District of Ohio, Eastern Division, RONALD AYERS, aka MAN, did knowingly and intentionally distribute approximately 3.6 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 85

The Grand Jury further charges:

On or about October 13, 2006, in the Northern District of Ohio, Eastern Division, EARWIN WATTERS, aka SCOOTER, did knowingly and intentionally distribute approximately 5.2 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(B).

COUNT 86

The Grand Jury further charges:

On or about October 25, 2006, in the Northern District of Ohio, Eastern Division, EARWIN WATTERS, aka SCOOTER, did knowingly and intentionally distribute approximately 3.9 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 87

The Grand Jury further charges:

On or about October 26, 2006, in the Northern District of Ohio, Eastern Division, EARWIN WATTERS, aka SCOOTER, having been previously convicted of a crime punishable by imprisonment for a term exceeding one year, that is: (1) attempted felonious assault, ORC Sections 2923.02/2903.11, case number 04-457202, in the Cuyahoga County Court of Common Pleas, Cleveland, Ohio, on or about February 18, 2005; did knowingly receive and possess in and affecting commerce, a Ruger .22 caliber LR rifle, model number 10-22, serial number 117-76987, which firearm had been shipped and transported in interstate and/or foreign commerce, in violation of Title 18, United States Code, Section 922(g)(1).

COUNT 88

The Grand Jury further charges:

On or about November 8, 2006, in the Northern District of Ohio, Eastern Division, ROY V. TARVER, aka BEAM, did knowingly and intentionally distribute approximately 27.21 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(B).

COUNT 89

The Grand Jury further charges:

On or about November 14, 2006, in the Northern District of Ohio, Eastern Division, ROY V. TARVER, aka BEAM, did knowingly and intentionally possess with the intent to distribute approximately 5.07 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).

COUNT 90

The Grand Jury further charges:

On or about November 14, 2006, in the Northern District of Ohio, Eastern Division, ROY V. TARVER, aka BEAM, did knowingly and intentionally possess with the intent to distribute approximately 844.65 grams of a mixture or substance containing a detectable amount of cocaine, a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(B).

COUNT 91

The Grand Jury further charges:

On or about November 14, 2006, in the Northern District of Ohio, Eastern Division, ROY V. TARVER, aka BEAM, having been previously convicted of crimes punishable by imprisonment for a term exceeding one year, that is: (1) attempted drug trafficking with violence specifications, ORC Sections 2923.02/2925.03, case number CR289278, in the Cuyahoga County Court of Common Pleas, Cleveland, Ohio, on or about .November 16, 1995, and (2) drug trafficking, ORC Section 2925.03, case number CR334239, in the Cuyahoga County Court of Common Pleas, Cleveland, Ohio, on or about June 4, 1996; did knowingly receive and possess in and affecting commerce, a Taurus 9mm pistol, model number PT 92 AFS, serial number TQE77109, which firearm had been shipped and transported in interstate and/or foreign commerce, in violation of Title 18, United States Code, Section 922(g)(1).

COUNT 92

The Grand Jury further charges:

On or about November 30, 2006, in the Northern District of Ohio, Eastern Division, ERIC BELK, aka LITTLE E, did knowingly and intentionally distribute approximately 51.5 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(A).

COUNT 93

The Grand Jury further charges:

On or about November 30, 2006, in the Northern District of Ohio, Eastern Division, MARSHAY WILSON did knowingly and intentionally distribute approximately 28.7 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(B).

COUNT 94

The Grand Jury further charges:

On or about December 6, 2006, in the Northern District of Ohio, Eastern Division, ERIC BELK, aka LITTLE E, did knowingly and intentionally distribute approximately 6.4 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(B).

COUNT 95

The Grand Jury further charges:

On or about December 7, 2006, in the Northern District of Ohio, Eastern Division, MARSHAY WILSON did knowingly and intentionally distribute approximately 35.2 grams of a mixture or substance containing a detectable amount of cocaine base ("crack"), a Schedule II narcotic drug controlled substance; in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(B).

A TRUE BILL.

Original Document-Signatures on file with the Clerk of Courts pursuant to the E. Government Act of 2002. DEFENDANT COUNTS VIOLATIONS DESCRIPTION/PENALTY 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 5 yrs. to 40 yrs. and/or a $2,000,000 fine and 4 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 5 yrs. to 40 yrs. and/or a $2,000,000 fine and 4 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 5 yrs. to 40 yrs. and/or a $2,000,000 fine and 4 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 5 yrs. to 40 yrs. and/or a $2,000,000 fine and 4 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 5 yrs. to 40 yrs. and/or a $2,000,000 fine and 4 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 5 yrs. to 40 yrs. and/or a $2,000,000 fine and 4 years supervised release 10 years and/or a $250,000 fine and 3 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 5 yrs. to 40 yrs. and/or a $2,000,000 fine and 4 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 5 yrs. to 40 yrs. and/or a $2,000,000 fine and 4 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 5 yrs. to 40 yrs. and/or a $2,000,000 fine and 4 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 5 yrs. to 40 yrs. and/or a $2,000,000 fine and 4 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 5 yrs. to 40 yrs. and/or a $2,000,000 fine and 4 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 5 yrs. to 40 yrs. and/or a $2,000,000 fine and 4 years supervised release 10 years and/or a $250,000 fine and 3 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 5 yrs. to 40 yrs. and/or a $2,000,000 fine and 4 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 5 yrs. to 40 yrs. and/or a $2,000,000 fine and 4 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 years and/or a $1,000,000 fine and 3 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 5 yrs. to 40 yrs. and/or a $2,000,000 fine and 4 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 5 yrs. to 40 yrs. and/or a $2,000,000 fine and 4 years supervised release 10 years to life and/or a $4,000,000 fine and 5 years supervised release 20 yrs. and/or a $1,000,000 fine and 3 years supervised release

Willie Ausler, Jr., aka Puff 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 7 21841(a)(1) and Distribution of cocaine base (crack) (b)(1)(C) 54, 55 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(B) Demetrius Hines, aka Boo 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 28, 29, 32, 21/841(a)(1) and Distribution of cocaine base (crack) 35,36 (b)(1)(C) 57 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(A) Carl Drewery 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 60 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(B) 61 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(A) Jeffrey C. Doss, Jr. 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 64 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(A) 65 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(B) Donnie Stewart, aka Boom 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 63 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(A) 66 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(B) Roy V. Tarver, aka Beam 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 67 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(A) 88 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(B) 89 21/841(a)(1) and Possession with intent to distribute (b)(1)(C) cocaine base (crack) 90 21/841(a)(1) and Possession with intent to distribute (b)(1)(B) cocaine 91 18/922(g)(1) Felon in possession of a firearm Joseph Sailes 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 72, 75, 81 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(B) Don C. Bragg, Jr., aka DJ 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 62 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(B) Bryan G. Billingsley 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 6, 7, 17, 19, 20 21/841(a)(1) and Distribute of cocaine base (crack) (b)(1)(C) Eric Belk, aka Little E 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 92 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(A) 94 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(B) William Buttram, aka Chill Will 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 72 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(B) Derrick Dunnican, aka Cuckoo 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 68 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(C) 69 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(B) Joey L. Freeman, aka J 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 2, 3, 9, 37, 21/841(a)(1) and Distribution of cocaine base (crack) 58 and 59 (b)(1)(C) Earwin Watters, aka Scooter 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 10, 15, 16, 24, 21/841(a)(1) and Distribution of cocaine base (crack) and 26, 38, 46, 47, (b)(1)(C) cocaine 48, 53, 86 85 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(B) 87 18/922(g)(1) Felon in Possession of a Firearm Ian Hampton 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 39, 40, 41 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(C) Demetrius Crawford, aka Mecchy 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 52 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(C) Matthew Johnson 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 56 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(C) Terrance Malone, 1 21/841(a)(1) and Conspiracy to possess with intent to aka Terrance Hall (b)(1)(A) and 846 distribute and to distribute cocaine base aka Marcellus Malone (crack) 71 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(B) Carlos Moore, aka D 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 11,21,43 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(C) Lamar Pugh 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 12 21/841(a)(1) and and (b)(1)(C) Distribution of cocaine base (crack) Johnny Robinson, aka D Little 1 21/841(a)(1) and Conspiracy to and possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 4, 44, 45 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(C) Oneal Crenshaw, 1 21/841(a)(1) and Conspiracy to possess with intent to aka Lamonte Jones (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 10 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(C) Darryl Smith 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 12 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(C) Stanley Stone 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 49, 50, 59 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(C) Dallas Sweeney 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 12, 14, 45 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(C) Deandre Teague 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 31,33 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(C) 34 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(B) Dwayne Waldon, aka Cool 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 18, 19, 22, 21/841(a)(1) and Distribution of cocaine base (crack) 27,51 (b)(1)(C) Barak J. Watters, aka Jerry Jones 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 23, 24, 26 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(C) Donald White, Jr., aka Duck 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 59 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(C) Taiwan L. Wiggins 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) Michael Wilkerson 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 23 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(C) Gary D. Workman 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 25, 30 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(C) Thomas Thompson, 1 21/841(a)(1) and Conspiracy to possess with intent to aka LaTray Thompson, (b)(1)(A) and 846 distribute and to distribute cocaine base aka T-Top (crack) 13 21/841(a)(1) and Possession with intent to distribute (b)(1)(C) cocaine base (crack) 77 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(C) Yves Gainer, aka Hounta 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 74, 76, 79 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(C) Andre Watkins 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 42 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(C) Michael T. Cook, aka Shane 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 80 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(C) Ronald Ayers, aka Man 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 83,84 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(C) Anthony Harris, 1 21/841(a)(1) and Conspiracy to possess with intent to aka Anthony Harrison, (b)(1)(A) and 846 distribute and to distribute cocaine base aka Barry (crack) 5, 8, 82 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(C) Ivan Lewis 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 82 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(C) Sherman Crenshaw 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 73 21/841(a)(1) and Distribution of MDMA or Ecstasy (b)(1)(C) Howard Orr 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 70 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(B) Marshay Wilson 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 93,95 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(B) Tony Butts, aka Bull 1 21/841(a)(1) and Conspiracy to possess with intent to (b)(1)(A) and 846 distribute and to distribute cocaine base (crack) 78 21/841(a)(1) and Distribution of cocaine base (crack) (b)(1)(C)

APPENDIX II

Exhibit

APPENDIX III

THE COURT: Very well. Mr. Butler, please come forward.

MR. PINJUH: Your Honor, a moment, please.

DONALD BUTLER, of lawful age, a witness called by the Defendant, being first duly placed under oath, was examined and testified as follows:

THE COURT: You may proceed.

DIRECT EXAMINATION OF DONALD BUTLER

BY MS. HUGHES:

Q. Good afternoon, sir.

Your name is Donald Butler, B-as-in-boy-U-T-L-E-R?

A. Yes.

Q. An attorney at law?

A. Yes.

Q. Cleveland, Ohio?

A. Yes.

Q. How long have you been in practice?

A. 28 years.

Q. And your practice is primarily criminal defense?

A. Yes.

Q. And you do a lot of federal work?

A. Yes.

Q. Do you do state work as well?

A. Yes.

Q. Thank you.

You were the attorney of record for Mr. Donnie Stewart?

A. Right.

Q. And you've been in the courtroom today as he described the meeting that he had with FBI agents —

A. Right.

Q. — yourself, after he entered a guilty plea before Judge Aldrich?

A. Right.

Q. Do you have anything to add to his recollection, especially regarding the individuals that he was asked about?

A. What I can say is this, that I think at the very beginning of the interview, after Pinjuh left the room, after Pinjuh laid the groundwork for the proffer and left the room, the agents pulled out the chart with all the pictures on it.

And I recall Mr. Stewart indicating who he knew from the chart that was shown to him. And there was a number of people that he knew, but I think during the entire interview process, Mr. Pinjuh was trying — Mr. Stewart was trying to stress to the agents that although he knew these — well, these individuals, he did not have drug dealings with these people.

And I think that's why the interview didn't last as long as it did, because Mr. Stewart insisted on the fact that although he knew these individuals and they lived in the same neighborhood, he did not have dealings with the majority of these people. And in fact, I think at one time Mr. Stewart had to indicate that he lived closer to the Hough area as opposed to the Superior area where most of these guys did their business, or the ones that were involved in this gang, the Seven Up.

And I think Mr. Stewart was spending part of his time indicating that he wasn't part of a gang, that most of the people that were in the gang were younger individuals, and he didn't associate with those younger individuals. And whatever people he dealt with, it was on a limited basis, and that was about the extent of it as I recall it.

And I think even before we went into the proffer, I already knew that Mr. Stewart was going to express the same thing that he ended up expressing to the agents anyway, that they could not group him with these individuals because he wasn't a part of them.

And although he knew Mr. Wiggins, him and Mr. Wiggins, and they were best friends, but in terms of business partners, they were not business partners. That was it.

Q. If you recall, did Mr. Stewart tell the agents what him and Mr. Wiggins did in this case, if anything?

A. My recollection of it was that Mr. Wiggins was cooking dope — I got the impression from Stewart that Wiggins cooked dope for everyone, and that included Mr. Stewart; although at some point Mr. Stewart did say Wiggins showed him how to cook it, and he was cooking his own dope at some point.

THE COURT: What's Wiggins first name?

THE WITNESS: Terrence.

THE DEFENDANT: Taiwan.

MS. HUGHES: Taiwan.

THE COURT: I wrote down Tyrone Williams, but it's Wiggins, not Williams.

MS. HUGHES: Yes, Your Honor.

THE COURT: Thank you.

A. So Wiggins cooked dope for everyone. He was the cooker for the people that were selling crack cocaine.

Q. Do you remember when Donnie Stewart mentioned the name Boo during the proffer?

A. I can't say I remember that name specifically, no.

Q. Do you remember when he mentioned Demetrius Hines, H-I-N-E-S?

A. I remember when the agent asked him did he know Hines, like he asked about a number of those people, and he said yeah, he knew him, but he didn't have a relationship or business relationship with him.

Q. Okay. Just so Judge Dowd is clear, the photographs that we're talking about were placed on a very large white poster board about three foot long and about three foot tall; is that correct?

A. Right. It was like a pyramid where it goes top to bottom, or bottom to top, as to who is at the top, who is at the bottom of the conspiracy.

Q. If you remember, where was Donnie Stewart's photograph in that pyramid?

A. I really can't say right now.

Q. Was he a major player in the conspiracy?

A. I don't recall him being at the top of the pyramid.

Q. Okay. Mr. Butler, did Mr. Stewart testify here today before Judge Dowd anything that you wish to dispute or correct in any way?

A. No, because I think it's what he's been saying the entire time he's been going through this experience, that he sold drugs, he was involved with certain individuals, but he wasn't connected to the people that the government was trying to connect him with. And he says — and I think he told them that, hey, I'm going to tell you what I know. And I can't speak for anyone else. And I think he repeated that constantly, not just in the proffer but he repeated it to me before we even went to the proffer, he said it in the proffer, he said it in the courtroom that he wasn't going to vouch or speak on something that he didn't have any connection with, and that if people wanted to speak against him, that was their prerogative, but he knew it was untrue.

Q. So from the time you began to represent Mr. Stewart until today, has his story changed to you regarding who he was involved with and what he did in this conspiracy?

A. It's been the same. He accepted responsibility for his actions right away. I think that's why I had forgot he had actually pled before the proffer, but he pled before because he said I'm wrong. I did it. And he pled.

Q. Yes, sir.

A. And then when he realized that, you know, he didn't have to become a snitch and that the safety valve wasn't about him being a snitch but telling what his involvement was and his connection with any other people, he says, well, he could do that.

Q. Yes, sir.

MS. HUGHES: Judge Dowd, I have nothing further for Mr. Butler.

THE COURT: Thank you. Mr. Pinjuh.

MR. PINJUH: Briefly, Your Honor. Thank you.

CROSS-EXAMINATION OF DONALD BUTLER BY MR. PINJUH:

Q. Mr. Butler, I believe I heard your testimony as from the proffer you remember the agents asking Mr. Stewart about Demetrius Hines?

A. I remember that name because they — it seems to me there was some emphasis —

Q. On him?

A. — on that name.

Q. On that person?

A. Right.

Q. And that's the person with the nickname of Boo, correct?

A. I don't know what his nickname is.

Q. But your testimony is that you recall the agents asking about him and Mr. Stewart saying that he knew him but he didn't have a relationship with him?

A. Right.

Q. But you realize that in court just a little while ago, Mr. Stewart said that that was one of his two main customers for crack cocaine, him, Orr, and our informant. You remember him saying that, right?

A. He said Boo?

Q. Yeah.

A. All right. Well, that was one of the people he was dealing with. I just remember that name — my recollection is they pointed to that picture — well, they pointed to a bunch of pictures.

Q. Sure.

A. But they pointed to that particular picture.

Q. Demetrius Hines?

A. And it seemed to be some kind of bone of contention between the agents and Stewart as it related to Hines, and that's why it sticks in my mind.

Q. And your memory is clear from the proffer that at the proffer Mr. Stewart said I know him, but I don't have a relationship with him?

A. My memory from the proffer is that Donnie Stewart identified Hines as one of the people he knew, and my recollection would be that he did not have drug dealings with him, but that may be because I'm grouping all these people that were named in the indictment as people he knew but didn't have drug dealings with.

Q. Mr. Butler, is it equally possible that your recollection is correct and that Mr. Stewart is lying today?

A. Well, I would say that could be true, yeah.

MR. PINJUH: Thank you.

Your Honor, nothing further.

THE COURT: Anything further?

MS. HUGHES: No, Your Honor. Thank you.

THE COURT: You may step down. Thank you.

(Witness excused.)

THE COURT: Does that complete your testimony?

MS. HUGHES: Your Honor, the defense rests.

THE COURT: Very well.

The government may proceed — well, let's take about a ten-minute break now. The court reporter has been at this for 80 minutes. We will be in recess for about 10 minutes.

MR. PINJUH: Thank you, Your Honor.

(Recess taken, 3:20 p.m. until 3:28 p.m.)

THE COURT: Mr. Pinjuh, you may continue.

MR. PINJUH: Thank you, Your Honor. The United States calls Special Agent Rob Riddlebarger.

ROBERT RIDDLEBARGER, of lawful age, a witness called by the Government, being first duly placed under oath, was examined and testified as follows:

DIRECT EXAMINATION OF ROBERT RIDDLEBARGER

BY MR. PINJUH:

Q. Sir, would you please state your complete name, and spell your last name for the court reporter.

A. Robert Riddlebarger, R-I-D-D-L-E-B-A-R-G-E-R.

Q. And, sir, what is your current occupation?

A. Special agent with the Federal Bureau of Investigation.

Q. And how long have you been so employed?

A. Approximately six years.

Q. Where are you currently assigned?

A. I'm assigned to the Washington field office in

GOVERNMENT EXHIBIT 1 APPENDIX IV FEDERAL BUREAU OF INVESTIGATION

Date of transcription 04/17/2007

On April 13, 2007, DONNIE STEWART was interviewed at the United States Attorney Office, Northern District of Ohio, in Cleveland, Ohio. The following individuals were present:

DON BUTLER, STEWART'S attorney,

EDWARD FERAN, Assistant United States Attorney.

STEWART admitted on May 10, 2006 and June 1, 2006 he sold 119.21 grams and 30.56 grams of "crack" cocaine to a source.

STEWART confirmed he utilized cellular telephone (216) 214-8516.

STEWART advised approximately once or twice a week he purchased approximately one-eighth (1/8) of a kilogram of cocaine from FNU LNU aka "Poncho". He said he was introduced to "Poncho" by TAIWAN WIGGINS in early 2006.

STEWART believed WIGGINS purchased significant amounts of marijuana from "Poncho".

STEWART acknowledged WIGGINS had once shown him how to manufacture "crack" cocaine. STEWART said, thereafter, he manufactured all of his own "crack" cocaine, and denied WIGGINS ever manufactured "crack" cocaine for him after that day. He admitted he manufactured "crack" cocaine at his girlfriend's residence located at 7207 Superior Avenue, Cleveland, Ohio. His girlfriend was identified as CHENEE JOHNSON.

STEWART denied he ever purchased cocaine from DARIAN SMITH.

STEWART advised he knew VAN HERRON. He said HERRON sold significant amounts of cocaine in the neighborhood, but denied he had ever purchased cocaine from HERRON. He described HERRON'S drug prices as cheap.

STEWART advised frequently he sold approximately two and one-quarter (2 1/4) ounces of cocaine for approximately $1,500 to HOWARD ORR. He noted he frequently conducted these transactions at the SUNOCO GAS STATION on Superior Avenue.

STEWART advised most of the drugs he sold, he sold in the vicinity of Hough Avenue.

STEWART believed SHERMAN CRENSHAW sold both marijuana and ecstasy.

STEWART acknowledged the GMC Yukon he operated was registered to LOUIE MOORE. He described MOORE as a "cool dude" who is employed as a school teacher.

STEWART believed FNU LNU aka "Minty" was responsible for a recent homicide in the vicinity of East 79th Street and Superior Avenue.