Grand Jury Returns Indictment Charging Jacksonville Man With Conspiracy To Distribute Crack Cocaine

Springfield, Ill. – A grand jury has returned a seven-count indictment against a Jacksonville, Ill., man, Michael Smith, 36, of the 200-block of Howe Street, for distribution of crack cocaine and heroin. Smith was charged last week by criminal complaint with possession with intent to distribute 280 grams or more of crack cocaine on or about Jan. 16, 2013.

The indictment charges Smith with conspiracy to distribute 280 grams or more of crack cocaine (one count); possession of 280 grams or more of crack cocaine with intent to distribute (one count); possession of heroin with intent to distribute (one count); and four counts of distribution of crack cocaine in December 2012 and January 2013.

The affidavit filed in support of the criminal complaint alleges that in December 2012 and January 2013, law enforcement officers with DEA and the Central Illinois Enforcement Group made controlled purchases of crack cocaine from Smith. Agents also executed a federal search warrant at Smith’s residence on Jan. 16, 2013. Officers recovered suspected marijuana and a Highpoint 9mm semi-automatic pistol and ammunition, as well as approximately 564 grams of crack cocaine and approximately 80 grams of heroin from under the hood of a pickup truck.

U.S. Magistrate Judge Byron G. Cudmore has ordered that Smith remain detained in the custody of the U.S. Marshals Service.

If convicted, the statutory penalty for conspiracy to distribute 280 grams or more of crack cocaine and for possession with intent to distribute 280 grams or more of crack cocaine is a mandatory minimum 10 years to life in prison. If the defendant has a prior drug felony conviction, the mandatory minimum penalty is 20 years to life in prison. For possession of heroin with intent to distribute and for each count of distribution of crack cocaine, the statutory penalty is up to 20 years in prison.

The charges are the result of an investigation by the Drug Enforcement Administration; the Central Illinois Enforcement Group; the Jacksonville Police Department; the Morgan County Sheriff’s Office; and Illinois State Police District Nine. The case is being prosecuted by Assistant U.S. Attorney Bryan D. Freres.

Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.