United States v. Glasgow

UNITED STATES OF AMERICA v. MAURICE GLASGOW, Defendant.

Case No. 1:20-cr-27-7 (KBJ)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

June 11, 2021

MEMORANDUM OPINION

Earlier this year, defendant Maurice Glasgow was indicted for conspiring to distribute and possess with intent to distribute fentanyl and crack cocaine. ECF No. 120 at 2-4, 7. At his initial appearance before Magistrate Judge G. Michael Harvey on April 2, 2021, Glasgow conceded detention pending trial. See ECF No. 117 at 2; ECF No. 122 at 2. Now, approximately two months later, Glasgow asks to be released pending trial and for an order setting the conditions of his release. ECF No. 117. The Government opposes Glasgow's motion, arguing that he would pose a flight risk and danger to the public if released. ECF No. 122 at 3. Glasgow did not reply. On June 9, 2021, the Court held a hearing on Glasgow's motion.

Upon consideration of the parties' filings, ECF Nos. 117 & 122, the arguments set forth and evidence proffered at the hearing, the applicable legal standards, and the record herein, the Court will DENY Glasgow's motion for pre-trial release, ECF No. 117.

I. BACKGROUND

A. The Investigation

The Government proffers the following evidence in support of Glasgow's pre-trial detention.¹ In Spring 2020, law enforcement began investigating a drug-trafficking organization operating in the Shaw neighborhood of Washington, DG. ECF No. 122 at 4. From May 2020 to September 2020, law enforcement focused specifically on the Second Northwest Cooperative Apartments ("the Northwest Apartments") in Shaw. Id. Through physical and video surveillance, officers repeatedly observed subjects of the investigation engaging in narcotics transactions. Id. Some of these transactions occurred in plain sight. Gov't Proffer at Mot. Hr'g. Law enforcement conducted a number of undercover drug buys from the subjects as well. ECF No. 122 at 4.

Glasgow was one of the subjects of this investigation. Id. On multiple occasions, officers observed Glasgow at the Northwest Apartments with other subjects of the investigation. Id. Law enforcement also observed Glasgow with his co-defendants at times when his co-defendants were dealing drugs in plain sight. Id.; Gov't Proffer at Mot. Hr'g.

i. Glasgow's Suspected Arms Dealing

Based on evidence collected during the investigation, law enforcement obtained a warrant to search Glasgow's Instagram account. ECF No. 122 at 6. A search of the account revealed that, beginning in February 2020, Glasgow conversed with other Instagram users about the sale of firearms, ammunition, and magazines. Id. On approximately May 9, 2020, Glasgow messaged an Instagram account tied to co-defendant Jaden Smith about the sale of a firearm and ammunition.Id. at 6.² That same day, Glasgow also messaged another co-defendant to connect him with a third party and tell the co-defendant the address where he could go to purchase a gun. Gov't Proffer at Mot. Hr'g. One week later, on approximately May 15, 2020, Glasgow sent a photograph of nine firearms to other Instagram accounts—including to an account associated with co-defendant Jovanta Little—with the message "37 gap and 31's on the market." Id. at 7.³ Officers understood Glasgow's message to be advertising firearms and ammunition for sale. Id. Based on Glasgow's conversations, law enforcement suspected that Glasgow was selling "ghost guns," i.e., privately manufactured firearms. Id.

Roughly one week after Glasgow advertised the firearms and ammunition to co-defendant Little and several other Instagram users, Glasgow was stopped by officers and found with a gun. ECF No. 122 at 10. At the time, Glasgow was under supervised release on a pending charge in the Superior Court of the District of Columbia for carrying a pistol without a license. Id.; see ECF No. 104 at 4. By possessing a firearm, Glasgow violated his condition of pre-trial release that he not possess "any firearm or ammunition." ECF No. 104 at 4.

Later that summer, law enforcement located videos on Instagram and YouTube showing Glasgow and his co-defendants with guns. First, on approximately July 13, 2020, officers located a music video posted on YouTube that featured several of Glasgow's co-defendants holding firearms and dollar bills. Id. Glasgow also appeared in the music video, holding "a pistol with a drum magazine." Id. Not long after the music video was posted, law enforcement observed a video posted by the Instagram account linked to Glasgow. Id. at 5. The video captured one of Glasgow'sco-defendants "holding a firearm with [a] drum magazine tucked into his waist band [sic]." Id. The co-defendant (Isaiah Anderson) then "pull[ed] the firearm" out of his waistband, thereby exposing "what appears to be an 'AR' style assault rifle." Id. As a result of its investigation, law enforcement recovered a number of firearms from Glasgow's co-defendants, including "AR style rifles and drum magazines." Id. at 5-6.

ii. Glasgow's Purchase of the Infiniti Q60

The next month, on or about August 5, 2020, Glasgow visited a car dealership in Virginia with co-defendant Anderson and a third individual. ECF No. 122 at 7. According to a witness at the dealership, Glasgow and co-defendant Anderson inquired about purchasing an Audi for $45,000. Id. Anderson offered to pay $20,000 up front and finance the rest, but Glasgow (who was buying the car in his name) could not obtain financing. Id. Instead, Glasgow and Anderson decided to purchase an Infiniti Q60 for $32,690. Id. at 8. The two men "paid for the vehicle with a black plastic bag filled with U.S. Currency—mostly $5 and $10 bills." Id. At the time of purchase, Glasgow represented that he worked for "Prince Security Services." Id. Later, when the Metropolitan Police Department ("MPD") contacted Prince Security Services, the company represented that Glasgow had not worked there "for some time." Id. Law enforcement also discovered that Glasgow had no recent wages. Id. Anderson too did not have any "verified employment [that] would provide such a large amount of cash." Id. Because Glasgow paid for the car in $5 and $10 bills despite not having any verified employment, law enforcement suspected that the vehicle was purchased with drug-trafficking proceeds. Id.

The day after Glasgow and co-defendant Anderson purchased the vehicle, officers observed Anderson and another co-defendant (Taquan Canarte) getting into the car. Id. One week later, on August 12, 2020, co-defendants Anderson and Michael Robinson were driving in theInfiniti when they ran a stop sign and struck an MPD cruiser. Id. The collision rendered both vehicles inoperable, and co-defendants Anderson and Robinson fled the scene on foot. Id. They were apprehended by officers shortly thereafter. Id. A search of the Infiniti revealed the following: "a Glock 30 Gen 4 .45 caliber firearm" loaded with eleven rounds in the magazine and one round in the chamber; a digital scale; "empty zips"; a "baggie containing loose white rock," which a drug analysis later revealed to contain crack cocaine; approximately $3,567; forty-seven grams of marijuana; an additional roughly twenty-two grams of crack cocaine; and approximately twenty grams of a substance containing fentanyl. Id. at 8-9.

B. Indictment & Arrest

On February 16, 2021, a grand jury returned a thirty-count Superseding Indictment charging Glasgow and thirteen co-defendants with offenses stemming from the group's alleged trafficking of fentanyl, crack cocaine, and oxycodone between June 2019 and February 2021. ECF No. 120. The Superseding Indictment charges all defendants, including Glasgow, with conspiring to distribute and possess with intent to distribute 400 grams or more of a mixture and substance containing a detectable amount of fentanyl and a mixture and substance containing a detectable amount of cocaine base ("crack cocaine"), in violation of 21 U.S.C. §§ 846, 841(a)(1), 841(b)(1)(A)(vi) & 841(b)(1)(C). Id. at 2-7. In addition to the overarching conspiracy charge, the Superseding Indictment also charges many of Glasgow's co-defendants with possessing with intent to distribute fentanyl, crack cocaine, or Oxycodone. See ECF No. 120. It further alleges that six of Glasgow's co-defendants used, carried, and possessed a firearm during a drug-trafficking offense, in violation of 18 U.S.C. § 924(c)(1). See id.

On the same day the grand jury returned the Superseding Indictment, an arrest warrant for Glasgow issued. ECF No. 122 at 9. Three weeks later, on March 9, 2021, a Pennsylvania StatePolice officer stopped Glasgow for a traffic violation outside of Reading, Pennsylvania. Id. Glasgow told the officer that he was driving from the Virginia/Washington, D.C. area to Manhattan, New York. Id. He said that he planned to go shopping and stay at a hotel for one night, but he could not recall the name of the hotel. Id. When asked why he was "way off route" from the drive between Washington, D.C. and Manhattan, Glasgow said that he "wanted to avoid tolls." Id. Glasgow consented to a search of the vehicle, which turned up $15,000 in cash. Id. Law enforcement arrested Glasgow pursuant to the warrant. Id. at 2.

At his initial appearance in the Eastern District of Pennsylvania before Magistrate Judge Henry S. Perkin, the Government orally moved for Glasgow's pre-trial detention. Id. Magistrate Judge Perkin ordered Glasgow detained, and Glasgow was transported to this District. Id. On April 2, 2021, Glasgow appeared before Magistrate Judge G. Michael Harvey. Id. At that hearing, Glasgow (who had counsel) did not contest his pre-trial detention and reserved the right to do so at a later time. Id.

C. Glasgow's Motion for Pre-Trial Release

Glasgow now asks to be released while he awaits trial. ECF No. 117. He argues that he would not pose a danger to the community if released because he has no prior convictions, no history of violence, and only one pending criminal case. ECF No. 117 at 7. He also claims that he is not a flight...