Background
Antone Little was arrested after police observed him selling narcotics from a St. Louis residence. Officers found 1,633 yellow tablets marked as oxycodone but containing fentanyl, along with firearms. Little admitted to purchasing the pills for one thousand dollars and stated to a detective that customers who believed they were buying cheap oxycodone were ‘stupid as hell.’ He was sentenced to 235 months in prison and permanently barred from federal benefits.
The court’s reasoning
The court held that the district court did not clearly err in relying on a detective’s report containing hearsay statements, as the report was corroborated by another officer and Little’s own testimony regarding the pills’ appearance and market value. The court found sufficient evidence that Little marketed the fentanyl pills as oxycodone based on the pill markings, quantity, and his knowledge of the market, even without proof of a specific sale. Regarding federal benefits, the court ruled that the statute permanently denying benefits applies only to convictions for distribution of controlled substances, not possession with intent to distribute, making the district court’s finding plain error.
Hey if you are dumb enough to believe I am selling Oxycodone at this cheap of a price then you stupid as hell.
Opinion at page 2
What it means going forward
Defendants convicted of possession with intent to distribute controlled substances may no longer face permanent ineligibility for federal benefits under the specific statute cited unless they have a third or subsequent conviction for actual distribution.
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