United States District Court, C.D. Illinois
Michael M. Mihm, United States District Judge
matter came before the Court for a bench trial on October 31,
2016. This Order is intended to memorialize the Court's
findings of fact and conclusions of law. For the reasons set
forth below, the Court finds Defendant Adrian Bailey
(“Defendant”) GUILTY of Count Three of the
20, 2015, Defendant was charged in this Court by way of a
three-count indictment. See ECF No. 1. The
indictment charged Defendant with: (1) Possession of
Marijuana with Intent to Distribute (“Count
One”); (2) Felon in Possession of a Firearm
(“Count Two”); and (3) Use, Carrying and
Possession of a Firearm in Furtherance of a Drug Trafficking
Crime (“Count Three”). Id.
February 23, 2016, Defendant entered a “blind”
plea of guilty to Counts One and Two. Minute Entry dated
2/23/2016. Subsequently, Count Three was set for a trial to
be held October 31, 2016. Minute Entry dated 8/5/2016. The
trial was held on that date.
trial, Benjamin Johnston of the Peoria County Sheriff's
Office, Jordan Allen, a confidential informant, and Bryan
Anderson of Peoria M.E.G. testified at trial. (Minute Entry
dated 10/31/016). The testimony was uncontroverted that Agent
Johnston, undercover, and Allen met with the Defendant on
March 31, 2015, to purchase a handgun and marijuana. The
Parties stipulated that the handgun sold on March 31, 2015,
was a Smith & Wesson .38 caliber revolver, meeting the
federal definition of a firearm in 18 U.S.C. §
921(a)(3)(A). (ECF No. 29). The Parties further stipulated
the drugs received from the Defendant contained marijuana, a
Schedule I controlled substance. (ECF No. 29).
testified he often posted items for sale on various social
media. Allen further testified Defendant contacted him in
March of 2015, proposing to trade a lawnmower he had listed
for sale in exchange for a gun. Allen also testified the
Defendant suggested “weed” could be purchased.
Allen testified, and Agent Anderson confirmed, that shortly
after Defendant contacted him, Allen reached out to Agent
Anderson to inform him of the discussion he had had with
Defendant. Agent Anderson instructed Allen to continue the
conversation with Defendant for a cash purchase of the gun.
Agent Anderson also suggested Allen suggest a transaction to
purchase drugs. Prior to March 31, 2015, there were multiple
discussions, as well as text communications, between Allen
and Defendant. The text communications showed two other guns
Defendant had for sale, but did not contain the gun
ultimately purchased by Agent Johnston. ECF No. 31.
noted above, on March 31, 2015, Agent Johnston and Allen met
with Defendant to purchase the gun and marijuana. Agent
Johnston brought a video/audio recorder to the transaction.
The recording was entered into evidence. ECF No. 31. The
video shows, albeit in very “shaky” form, the
transaction that occurred between these parties, and it is
clear to the Court that Defendant was prepared to - as well
as it was understood he would - sell both a gun and marijuana
during the transaction. Defendant also handed small bags of
marijuana to Allen, while keeping some on his person.
Furthermore, when a search warrant was later executed at
Defendant's residence, law enforcement found, inter
alia, 77 grams of marijuana, some of which was sitting
on a scale.
U.S.C. § 924(c)(1)(A) provides:
(c)(1)(A) Except to the extent that a greater minimum
sentence is otherwise provided by this subsection or by any
other provision of law, any person who, during and in
relation to any crime of violence or drug trafficking crime
(including a crime of violence or drug trafficking crime that
provides for an enhanced punishment if committed by the use
of a deadly or dangerous weapon or device) for which the
person may be prosecuted in a court of the United States,
uses or carries a firearm, or who, in furtherance of any such
crime, possesses a firearm, shall, in addition to the
punishment provided for such crime of violence or drug
(i) be sentenced to a term of imprisonment of not less than 5
(ii) if the firearm is brandished, be sentenced to a term of
imprisonment of not less than 7 years; and
(iii) if the firearm is discharged, be sentenced to a term of
imprisonment of not ...