United States v. Logan

CourtDistrict Court, District of Columbia
DecidedOctober 25, 2018
DocketCriminal No. 2013-0248
StatusPublished

This text of United States v. Logan (United States v. Logan) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Logan, (D.D.C. 2018).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________ ) UNITED STATES OF AMERICA ) ) v. ) ) Crim. Nos. 12-59-17(EGS) Jonathan Logan ) 13-248 (EGS) ) Defendant. ) ) _________________________________)

MEMORANDUM OPINION

In 2013, Jonathan McCoy Logan pleaded guilty to drug and

gun related offenses in two criminal cases, and was sentenced to

an agreed-upon 147 months of incarceration pursuant to a Rule

11(c)(1)(C) plea. Several months after he was sentenced, the

government informed Mr. Logan that a Federal Bureau of

Investigation (“FBI”) Special Agent who was involved in the

execution of the search warrant attendant to his arrest had

tampered with evidence in other criminal cases. Mr. Logan now

moves to vacate his convictions and sentences under 28 U.S.C. §

2255 based on: (1) the information provided about that FBI

agent; and (2) an alleged technical error in his sentencing.

For the reasons that follow, Mr. Logan’s motions to vacate

his convictions and sentences are DENIED. I. BACKGROUND

A. Factual Background

In September of 2010 the FBI began investigating a network

of drug trafficking that stretched from Maryland to Washington

D.C. 1 See Factual Proffer (“Proffer”), ECF No. 461 at 1. 2 As a

result of its investigation, which included extensive physical

and electronic surveillance, the FBI identified several

individuals who would later be indicted on various drug

conspiracy charges. Id. at 1–2.

One of those indicted individuals was Jonathon McCoy Logan.

The investigation revealed that, on several occasions, from at

least September 2010 to October 21, 2011, Mr. Logan sold cocaine

to another indicted individual, Kelvin Heyward. Id. at 2–3.

Wire-tapped calls between the two showed that they would

coordinate these sales of cocaine at public locations. Id. at 3.

These calls captured the details of specific drug transactions,

as well as how the transactions were generally conducted. Id.

The transactions came to an end on October 21, 2011, when

Mr. Logan was arrested during a drug deal. Id. at 5–6. The deal

commenced when Mr. Logan called another customer, Archie Kinney,

1 When citing electronic filings throughout this opinion the Court cites to the ECF header page number, not the page number of the filed document. 2 Unless otherwise indicated, docket citations in this Memorandum

Opinion are to Criminal Action No. 12-59. 2 to set up a meeting later that day. Id. at 5. At approximately

4:25 pm, Mr. Logan pulled into a shopping center parking lot in

Capitol Heights, Maryland and Mr. Kinney entered the parking lot

shortly after. Id. at 6. The two men parked their vehicles

adjacent to each other. Id. Mr. Logan next entered Mr. Kinney’s

car and sold him narcotics. Id. After the sale, Mr. Logan exited

Mr. Kinney’s car and began to back out of the parking lot. Id.

At that point, Prince George’s County Police Department officers

arrived on the scene and arrested Mr. Logan. Id. The officers

then searched Mr. Logan as a result of the arrest and uncovered

a .32 semi-automatic handgun along with over $14,000. Id. The

officers next searched Mr. Logan’s vehicle finding $4,000 and

several plastic bags containing cocaine. Id. at 6–7.

Mr. Logan was charged in two separate criminal cases based

on: (1) the evidence accumulated during the investigation; and

(2) the evidence seized during the October 21, 2011 arrest. The

surveillance evidence gave rise to the indictment filed on March

8, 2012, charging Mr. Logan with one Count of Conspiracy to

Distribute and Possess with Intent to Distribute 5 Kilograms or

More of Cocaine and 280 Grams or More of Cocaine Base in

violation of 21 U.S.C. §§ 846, 841(a)(1) and 841(b)(1)(c). See

Superseding Indictment, ECF No. 12. The October 2011 arrest, and

subsequent car search, gave rise to an August 2013 indictment in

Maryland, later transferred to this district, which charged Mr.

3 Logan with, among other things, Conspiracy to Distribute and

Possession with Intent to Distribute 500 Grams or More of

Cocaine in violation of 21 U.S.C §§ 846, 841(a)(1) and

841(b)(1)(C); and Using and Carrying a Firearm During and in

Relation to a Drug Trafficking Crime in violation of 18 U.S.C. §

924(c). See Criminal Action No. 13-248, Indictment, ECF No. 1-1. 3

Mr. Logan was arrested at his place of business, the All-

In-One Stop in Clinton, Maryland, following the filing of the

March 8, 2012 superseding indictment. See Arrest Warrant

Returned Executed, ECF No. 34. That same day, a team of FBI

agents executed a search warrant at the All-In-One Stop; the

presence of one agent, Special Agent (“SA”) Matthew Lowry, is

relevant to Mr. Logan’s collateral attack on his plea and

sentence.

According to the United States Attorney’s Office for the

District of Columbia (“USAO-DC”), the investigation that

resulted in Mr. Logan’s indictment was conducted by the FBI’s

Safe Streets Task Force. Notice, ECF No. 563 at 1. SA Lowry was

assigned to a different task force -- the Cross-Border Task

3 As Mr. Logan points out, not all briefings were filed in both cases. The Section 2255 motion and government’s opposition were filed in both cases and are identical. Mr. Logan’s Reply was filed only in Criminal Action No. 12-59, and the supplement was filed only in Criminal Action No. 13-248. The government’s opposition to the supplement, and Mr. Logan’s reply thereto were filed only in Criminal Action No. 13-248. 4 Force (“CBTF”)--but he “provided some assistance to the overall

investigation at the time of the ‘take-down’ in March 2012.” Id.

Specifically, SA Lowry participated in the execution of the

search warrant at the All-In-One Stop which led to the seizure

of several items. 4 Criminal Action No. 13-248, Gov’t. Response to

Def. Ltr. to Court, ECF No. 18 at 1–2. According to the USAO-DC,

SA Lowry was not listed on the chain-of-custody for any of the

items seized from the All-In-One Stop. Id. at 2.

On October 1, 2014 the FBI informed USAO-DC that “Special

Agent Lowry may have engaged in misconduct by tampering with

evidence . . . includ[ing] tampering with narcotics and firearm

evidence seized during investigations.” Notice, ECF No. 563 at

1–2. USAO-DC soon after informed the Court that a criminal

investigation was being conducted into SA Lowry’s misconduct.

Id. USAO-DC explained that it was recused from the FBI

investigation, but that it believed that SA Lowry’s misconduct

would not have an impact on the defendants in the case because

“of [SA Lowry’s] limited role in the overall investigation.” Id.

at 2.

4 The evidence seized during this search included several bags of marijuana, a digital scale, and a plastic bag with white powder found to consist of quinine hydrochloride by the DEA lab. See Criminal Action No. 13-248, Gov’t. Response to Def. Ltr. to Court, ECF No. 18 at 1–2. Notably, cocaine was not recovered from the All-In-One Stop.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

MacHibroda v. United States
368 U.S. 487 (Supreme Court, 1962)
Kyles v. Whitley
514 U.S. 419 (Supreme Court, 1995)
United States v. Hicks, Eric A.
283 F.3d 380 (D.C. Circuit, 2002)
United States v. Toms, Ronald
396 F.3d 427 (D.C. Circuit, 2005)
United States v. Winfield L. Roberts, A/K/A Win
570 F.2d 999 (D.C. Circuit, 1977)
United States v. Jonathan Jay Pollard
959 F.2d 1011 (D.C. Circuit, 1992)
United States v. Ron Morrison
98 F.3d 619 (D.C. Circuit, 1996)
United States v. Byron McDade
699 F.3d 499 (D.C. Circuit, 2012)
United States v. Geraldo
523 F. Supp. 2d 14 (District of Columbia, 2007)
United States v. Mitchell
841 F. Supp. 2d 322 (District of Columbia, 2012)
United States v. Borges
153 F. Supp. 3d 216 (District of Columbia, 2015)
United States v. Christian Borda
848 F.3d 1044 (D.C. Circuit, 2017)
United States v. Weaver
265 F.3d 1074 (District of Columbia, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
United States v. Logan, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-logan-dcd-2018.