Free Redacted Document - District Court of Delaware - Delaware

·l A· Case 1 :O7—cr-00028-JJF Document 2 Filed O2/27/2007 Page 1 of 3
i IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT ()F DELAWARE
I UNITED STATES OF AMERICA, :
Plaintiff
v. Criminal Action No. 07- · I- U esl IX
LICURTIS G. WHITNEY, and
JONATHAN L. EWELL, 3 — -3 ,. .
· · "' I ' . T
Defendants. : - ` -E-I `.Y' L--. ,6 " i __‘
INDICTMENT
The Grand Jury for the District of Delaware charges that:
COUNT I
Conspiracy t0 Possess with Intent to Distribute Crack Cocaine
in and around Wilmington, Delaware _
I. In and around December, 2006, LICURTIS G. WHITNEY and JONATHAN L.
EVVELL, in and around W_ilmington, Delaware, engaged in the purchase for the purpose of
distribution of more than 50 grams of a mixture and substance containing a detectable amount
of cocaine base, also known as "crack." G
Charging Paragraph
2. On or about December 10, 2006, in the State and District of Delaware,
I LICURTIS WHITNEY and J ONATI-[ANL. EWELI., defendants herein, did knowingly
I conspire together and with each other, and with other persons known and unknown to the I
. Grand Jury, to possess with the intent to distribute fifty (50) grams or more of a mixture and ,
substance containing a detectable amount of cocaine base, a Schedule II narcotic controlled
substance, in violation of Title 21, United States Code, Sections 84l(a)(1) and (b)(1)(A).
P WIT"? i r
rra 2 1

_ . Case 1:07-cr-00028-JJF Document 2 Filed O2/27/2007 Page 2 of 3
I l All in violation of Title 21, United States Code, Section 846 and Title 18, United
States Code, Section 2.
COUNT II
3. On or about December 10, 2006, in the State and District of Delaware,
LICURTIS G. WHITNEY and JONATHAN L. EWELI, defendants herein, did knowingly
possess with the intent to distribute fifty (50) grams or more of a mixture and substance
containing a detectable amount of cocaine base, a Schedule II narcotic controlled substance, in
l l violation of Title 21, United States Code, Sections i84l(a)( 1) and (b)(l)(A), and Title 18,
_ United States Code, Section 2.
NOTICE OF FORFEITURE »
4. Upon conviction of one or more of the controlled substance offenses alleged in
Counts I—lI above, LICURTIS G. WHITNEY and JONATHAN L. EWELL, defendants
herein, shall forfeit to the United States pursuant to 21 U.S.C. § 85 3, any property
l constituting, or derived from, proceeds obtained, directly or indirectly, as a result of the said
violations and any property used, or intended to be used, in any manner or part, to commit, or
l to facilitate the commission of the said violations.
5. If any of the above-described forfeitable property, as a result of any act or
omission of the defendants:
(1) cannot be located upon the exercise of due diligence; A
- (2) has been transferred or sold to, or deposited with, a third party; l
(3) has been placed beyond the jurisdiction of the court;
(4) has been substantially diminished in value; or

_ _ Case 1:O7—cr-00028-JJF Document 2 Filed O2/27/2007 Page 3 of 3
A A (5) has been commingled with other property which cannot be divided without
difficulty;
it is the intent ofthe United States, pursuant to 21 U.S.C. § 853(p), to seeldforfeiture of any
other property of said defendant up to the value of the forfeitable property described above.
A TRUE BILL:
‘ ` A Foreperson -
I COLM F. CONNOLLY
United States Attorney
BY: /M»%/V
Gregory el
Special Assistant United States Attorney
Dated: February 27, 2007