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United States v. Anderson

United States District Court, N.D. Iowa

April 30, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
DeSHAUN ANDERSON, Defendant.

ORDER FOR PRETRIAL DETENTION

JON STUART SCOLES, Chief Magistrate District Judge.

On the 29th day of April, 2015, this matter came on for hearing on the Government's request to have the Defendant detained pending further proceedings and the Defendant's request for a preliminary hearing. The Government was represented by Assistant United States Attorney Dan Chatham. The Defendant appeared personally and was represented by his attorney, F. Montgomery Brown.

I. RELEVANT FACTS AND PROCEEDINGS

On April 24, 2015, Defendant DeShaun Anderson was charged by Criminal Complaint (docket number 2) with possession with intent to distribute heroin. The Government did not offer any testimony at the time of hearing, relying instead on the Criminal Complaint and supporting Affidavit (Government's Exhibit 1) and the pretrial services report. Defendant called DEA Special Agent Gregg J. Fox, the affiant, to testify. Defendant also called his mother, Ethyl Gordon, to testify that he could live with her in Chicago if he is released.

On April 13, 2015, Investigator Nick Nolte of the Cedar Rapids Police Department spoke with a victim of a heroin overdose at the Linn County Jail. The inmate told Nolte that an African American male, who goes by the name "Shady, " was selling heroin in Cedar Rapids. The inmate told Nolte that "Shady" sells the heroin out of his vehicle, and gave a description of the vehicle, including a partial license plate number.

Also on April 13, officers from the Cedar Rapids Police Department responded to a report of two heroin overdoses at the Westdale Court Apartments in Cedar Rapids. One of the overdose victims was interviewed at the hospital, and told officers that he had purchased the heroin from "Shady" near the intersection of 22nd Avenue and Wiley Boulevard. The witness also told investigators that he purchased the heroin using money provided by the second overdose victim, and the heroin was then shared between them. Because of the second victim's medical condition, he could not be interviewed. The second victim died two days later.

Also on April 13, Investigator Bailey of the Cedar Rapids Police Narcotics Unit located a vehicle matching the description given by the jail inmate in the area of 22nd Avenue and Wiley Boulevard. The vehicle was registered to Defendant and showed an address on 22nd Avenue.

The next day, April 14, Investigator Nolte returned to the Linn County Jail and showed the inmate a photo of Defendant. The inmate identified Defendant as "Shady." The inmate also told Nolte that he had seen Defendant at a white house near the intersection of A Avenue and 13th Street.

Investigators then set up surveillance in two locations: near the intersection of 22nd Avenue and Wiley Boulevard, and near the intersection of A Avenue and 13th Street. At approximately 12:45 p.m., Investigator Nolte observed a vehicle matching the description of Defendant's vehicle pull into the driveway of a residence on 13th Street. A female exited the house and got into the front passenger seat of the vehicle. After three or four minutes, the female exited the vehicle and went back into the house. The female was holding her left elbow in a bent position with her left hand up near her head, which Agent Fox believes is consistent with an individual who had just intravenously used drugs.

Investigator Nolte followed the vehicle as it left the area, and confirmed by the license plate that it was Defendant's vehicle. The vehicle had an expired registration and, therefore, Nolte called a marked Cedar Rapids Police vehicle to conduct a traffic stop. Defendant was stopped and was asked to exit the vehicle. During a pat-down of Defendant's person, Office Kaczinski felt a bulge in Defendant's left sock. When the officer pulled the sock down, it revealed baggies containing a white rock substance. Defendant then reached down, grabbed the substance, and placed it in his mouth. Several baggies were retrieved from Defendant's mouth, but according to Defendant, he swallowed three baggies containing heroin and crack cocaine. He was transported to Mercy Hospital, where he apparently remained for three days.

A search of Defendant's vehicle revealed additional baggies containing heroin. Officers also found $3, 600 in United States currency, an empty handgun case, a cell phone, and identification documents related to Defendant. A subsequent search of the cell phone pursuant to a state search warrant revealed text messages consistent with dealing controlled substances. There were also photos on the phone showing Defendant displaying large amounts of United States currency, marijuana, and holding a handgun.

On April 16, a federal search warrant was executed at Defendant's residence. Among other things, investigators found 12 smaller baggies of suspected cocaine. Investigators also found EBT cards bearing the names of individuals with initials L.M. and B.E. Agents knew that L.M. had recently died of a suspected heroin overdose. An investigation by authorities revealed that a person matching Defendant's description and driving a vehicle matching Defendant's vehicle, visited a Walmart store in Coralville on March 13 and attempted to use L.M.'s EBT card. Video recordings also suggest that Defendant used the EBT card belonging to B.E. at the Walmart on April 11 and April 12.

According to the pretrial services report Defendant is 43 years old. He was born and raised in Chicago, but moved to Cedar Rapids in about 2012. Defendant has never been married, but has a son (age 20) who resides in Chicago. Members of Defendant's extended family also reside in Chicago. Prior to his arrest, Defendant was living in North Liberty, Iowa, and told the pretrial services officer that he would return there if released. At the time of hearing, however, Defendant was suggesting that he be permitted to live with his mother in Chicago upon his release.

According to Defendant, he has worked "off-and-on" on an informal basis for most of his adult life. In addition to helping his grandfather at a funeral home in Chicago, he also worked "side jobs, " such as landscaping. His last formal employment was in 2008. Defendant takes medication for high blood pressure and asthma, and also suffers from headaches caused by ...


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