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United States v. Craig

United States District Court, N.D. Georgia, Atlanta Division

July 28, 2019

UNITED STATES OF AMERICA
v.
SHAUNTAY CRAIG

          ORDER AND NON-FINAL REPORT AND RECOMMENDATION

          JOHN K. LARKINS III UNITED STATES MAGISTRATE JUDGE

         This Order and Non-Final Report and Recommendation addresses Defendant Shauntay Craig's Motion to Dismiss Indictment on Grounds of Entrapment, [Doc. 2272], and his Motion to Reveal Identity of Confidential Informants [Doc. 2302], which have been referred to me. The government has responded to both motions [Docs. 2485, 2496], and the time to file any reply has expired. For the reasons that follow, it is RECOMMENDED that the motion to dismiss on grounds of entrapment be DENIED without prejudice to Craig's ability to raise a defense of entrapment at trial. The motion to reveal confidential informants is DENIED.

         I. BACKGROUND

         Craig is charged in this case with RICO conspiracy (Count One) and conspiracy to possess with intent to distribute more than 500 grams of methamphetamine (Count Twenty-Three). [See Doc. 1750 at 1-46, 55-56.] With respect to the RICO conspiracy, the indictment alleges that Craig was a member of the Gangster Disciples, which the government alleges operated as a racketeering enterprise as defined by 18 U.S.C. § 1961(4). During the time period relevant to this case, Craig allegedly held the rank of “Board Member” within the Gangster Disciplines, a high-ranking position of national and regional authority, subordinate only to the “Chairman.” [Id. at 3-4, 11.]

         The second superseding indictment identifies the following overt acts that Craig is alleged to have committed in furtherance of the alleged RICO conspiracy:

• From 2011 through 2016, Craig and codefendants Alvis O'Neal and Condelay Abbitt allegedly consolidated Craig's “national authority by organizing and managing a network for distributing large quantities of high-grade marijuana, heroin, and methamphetamine to Gangster Disciples in approximately sixteen states.” [Doc. 1750 at 19 (Overt Act 5).]
• From around May 2012 through August 2013, Craig allegedly distributed drugs, including heroin, with fellow gang member J.C. [Id. at 19 (Overt Act 6).]
• Beginning around November 2012, Craig and other Gangster Disciples members allegedly threatened rapper R.R. with physical harm unless R.R. paid the Gangster Disciples for the use of the gang's name and symbols. [Id. at 20 (Overt Act 13).]
•In 2013, Craig and codefendant Damien Madison allegedly supplied five pounds of marijuana to Gangster Disciples member D.G. [Id. at 21 (Overt Act 16).]
• In January 2013, Craig allegedly “orchestrated a plot to murder Debbie Marie McGaughy to prevent her from testifying against Gangster Disciples member R.G.” [Id. (Overt Act 18).]
• On February 16, 2013, Craig and codefendants Lewis Mobley, Kevin Clayton, Donald Glass, and Roy Farrell, among others, were allegedly filming a music video featuring the Gangster Disciples outside a neighborhood convenience store when a 17-year-old stepped in front of the camera and taunted them. [Id. at 21-22 (Overt Act 20.)] It is alleged that Mobely subsequently shot the 17-year-old in the chest in retaliation. [Id. at 22 (Overt Act 21).]
• Craig was the alleged owner of multiple pounds of marijuana, worth $11, 000, that police found in codefendant Ronald McMorris's possession. [See Id. at 24 (Overt Acts 31-32).]
• It is alleged that codefendant Alonzo Walton told Craig and others that he (Walton) was teaching an insurance fraud scheme to Georgia-based Gangster Disciples as a way for the gang to make money. [Id. at 25-26 (Overt Act 39).]
• It is alleged that in late December 2013, Craig, along with codefendants Terrance Summers, and Quiana Franklin, ran a “stash house” in which firearms and illegal drugs, including cocaine and marijuana, were stored. [Id. at 26-27 (Overt Act 44).] Allegedly, on December 25, 2013, Craig and codefendants Alonzo Walton, Mangwiro Sadiki-Yisrael, and Antonio Ahmad, along with others, secreted Franklin from law enforcement after a stash house she ran was raided by police. [Id. at 27 (Overt Act 45).]
• Allegedly, on January 27, 2014, Craig and other leaders of the Gangster Disciples held a conference call to discuss outstanding drug debts owed by Gangster Disciples in various states. [Id. at 27 (Overt Act 49).]
• Codefendant Antonio Ahmad allegedly owed a drug debt to Craig in March 2014, which Ahmad paid off with money obtained during a carjacking on or around March 20, 2014. [Id. at 28 (Overt Act 53).]
• On July 8, 2014, Craig and codefendant Adrian Jackson allegedly discussed supplying a new drug customer, who would be buying multiple kilograms of cocaine every month. [Id. at 29 (Overt Act 60).] Thereafter, on July 26, 2014, Craig and Jackson allegedly negotiated pricing for kilograms of cocaine. [Id. at 30 (Overt Act 64).]
• On July 28, 2014, Craig and Summers allegedly traveled to Memphis, Tennessee to pick up approximately 27 pounds of marijuana. [Id. (Overt Act 65).]
• On September 14, 2014, codefendant Charles Wingate allegedly obtained heroin from Craig. [Id. (Overt Act 67).] On October 8, 2014, Wingate allegedly ordered additional heroin from ...

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