A criminal defense lawyer will have the opportunity to cross-examine the arresting or searching officer, call any witnesses of his own, and tender evidence into the record for the courts consideration. For 2,000 to 10,000 pounds, you can be sentenced to seven to thirty years in prison and a fine of $250,000. to be charged with drug trafficking. An official website of the United States government. A lock ( Nathaniel Ripley, 41, was sentenced Wednesday, Jan. 4, by . 16-13-31(b). Kathy Black, 40, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. If a hearing is requested, the court will set the hearing down to be heard on a specific date. In the vast majority of cases involving the search of a home, law enforcement is required to obtain a valid warrant before setting foot inside of the home. And even if you do that, it only protects you going forward. charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana. They tried to sell me drugs. The large-scale operation in Georgia, West Virginia and New York follows recent efforts to combat violent crimes and keep repeat offenders behind bars. Michael Duffy, 43, of Sandy Springs, Georgia, pleaded guilty to one count conspiracy to possess with intent to distribute heroin on Thursday, May 20. Attorneys Noah J. Abrams and OCDETF Coordinator Marcela C. Mateo. The community is much safer with these defendants behind bars., Illegal guns and drugs have no place in Georgia. 2022 by The Church Law Firm LLC. A total of 60 felony counts are alleged in the indictment. Consequently, if the officer conducting the traffic stop cannot adequately articulate why a driver was committing or had committed a traffic offense or a crime, the traffic stop is considered to be unlawful. One of the things Ive learned is that most people, when theyre charged with something like this, really dont know what a drug conspiracy is. With the removal of drugs, weapons and money and 12 defendants from the streets, the citizens of Bibb County will be immediately safer., Illegal drugs and illegally possessed firearms have no place in Georgia, said Vic Reynolds, Director of the Georgia Bureau of Investigation. So when they go to trial, if they dont prove exactly whats in that indictment, then the jury cannot find the person guilty. If you are convicted of moving 10,000 pounds or more, you face a sentence of at least fifteen years and a fine of million dollars ($1,000,000). Watch thisvideo. Adams, a regional leader in the Gangster Disciples criminal street gang, was sentenced as an armed career criminal after pleading guilty to Distribution of Cocaine and Possession of a Firearm by a Convicted Felon. Similarly, these numbers will also go up for every amount over 2,000 pounds. U.S. District Judge Marc Treadwell is presiding over the hearings. "Today, the Justice Department has taken several significant enforcement actions to disrupt large-scale illegal gun and drug . They had nothing to do with drugs until the government came along, either an undercover agent or an informant, and they went after this individual and tried to convince them to get involved. An official website of the United States government. As described in the recently unsealed indictment, each of the 12 defendants is charged with Conspiracy to Possess with Intent to Distribute and to Distribute Controlled Substances, including 5 kilograms or more of cocaine; 28 grams or more of crack cocaine; and a quantity of marijuana. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. In most states, such as Georgia, in order to be charged with drug trafficking, the case must involve more than several pounds of marijuana or an ounce or more . Some are truly illegal (like heroin) and some are legal with a valid prescription from a doctor. The following co-defendants have previously pleaded guilty for their crimes in federal court and are awaiting sentencing: Terrance Jackson, 43, of Macon, pleaded guilty to one count conspiracy to possess with intent to distribute heroin. The operation, which started in mid-2019, targeted sources of illegal drugs brought into and distributed in the Macon area, and led to a series of searches in which large amounts of cocaine, crack cocaine, oxycodone, and marijuana were seized, along with nearly $97,000 in cash, a machine for pressing kilo-sized bricks of cocaine, money counters, scales, and drug packaging materials. They will walk you through each legal process, demonstrating professionalism while being aggressive advocates for you. The answer is that it varies because Georgia sets different limits for different categories of drugs, and they are not always the same for individual schedules. They dont have a history of it, theres not other evidence to show they were interested in finding out about the drug business. Its a different conspiracy, and so the jury has to find him not guilty. These issues are absent in most drug trafficking cases. All rights reserved. There are defenses, and there are several that we have used effectively in court when were representing someone charged in a drug conspiracy case. In a press release from the department, on Jan . Nine defendants are among those facing federal charges including illegal possession of firearms after separate indictments by a grand jury in the Southern District of Georgia, while recent actions in Middle District of Georgia A locked padlock Clearly those individuals were part of a drug conspiracy. Investigators also seized 20 firearms, including a fully automatic machine gun and several assault-style rifles, a trove of gang-related documents, and nearly $50,000 in cash. The 118-count, 133-page indictment charges the 76 suspects with involvement in a drug trafficking conspiracy that distributed large amounts of methamphetamine, fentanyl, heroin and alprazolam in . A driver who exhibits nervousness, however, is generally not enough to establish probable cause. 16-13-31 and O.C.G.A. For example, for cocaine, as little as 28 grams or a mixture that is at least ten percent cocaine can result in serious consequences. Drug trafficking is a serious criminal offense, and although incidents are usually not as widespread as the recent bust of the alleged Mexico-based cartel, these types of cases are some of the most complexes. Official websites use .gov Weve also been successful suppressing wiretaps, and we see wiretaps now in almost every drug case. If a judge signs a warrant not supported by probable cause, the warrant is invalid and the fruits of any search must generally be suppressed. How to Apply for the New Pretrial Diversion Program in Federal Court, Our Firm Helps Client Avoid Prison in Large Federal Drug Conspiracy Case, Federal Marijuana Sentences May Be Reduced Based on Changing Marijuana Laws, Law Enforcement Now Using Wiretaps for Facebook, Instagram. Even when a driver consents to his vehicle being searched, it may be possible to challenge the lawfulness of the search. Georgia drug trafficking laws carry significant penalties and there are many potentially aggravating factors. Lock It is a Schedule I drug, considered the most dangerous with no medicinal value. Furthermore, for larger quantities of certain types of drugs, a person may also be charged with drug trafficking (O.C.G.A. Both defendants will serve well-deserved time in prison., These sentences represent significant milestones in the prosecution of Operation Ace in the Hole, a multi-agency investigation disrupting a major source of illegal drugs and guns in the greater Toombs County area, said Acting U.S. Attorney Estes. POMEROY The Meigs County Sheriff's Department made two arrests in regards to the trafficking of illegal narcotics Sunday evening. What is Drug Trafficking? I represented a pilot who had a charter airline service. Including Adams, Jackson, and Toussaint, 22 of the 26 defendants have entered guilty pleas; 12 of them have been sentenced, with terms of up to 141 months in prison. If caught with 2,000 pounds or more but less than 10,000 pounds of marijuana, a person faces a mandatory minimum of 7 years imprisonment and a $250,000.00 fine. One of the most powerful tools a criminal defense lawyer has in a drug trafficking or possession case is the motion to suppress evidence. Theyll be recording the conversations that people in this alleged conspiracy have, then they will use those tapes against them in court, but they have to do it the right way. Situations often arise where a driver of an automobile is taken into custody for a traffic infraction such as driving with a suspended license or DUI. Well, in that case the government may have shown that hes involved in drugs, but hes not a part of that conspiracy. A total of 76 defendants are named in a newly unsealed federal indictment describing a massive drug trafficking investigation tied to the Ghost Face Gangsters criminal street gang that includes allegations of multiple deaths from illegal drug overdoses. But those are the basic elements and defenses involved in a federal drug conspiracy charge. A person convicted of possessing a drug in Schedule III, IV, or V may be imprisoned for 1 to 5 years. A West Liberty-are man sentenced to prison for drug trafficking was among the cases handled recently in Logan County Common Pleas Court. The heroin that was seized at that time was tested at the Drug Enforcement Agency (DEA) Mid-Atlantic Laboratory and was positively identified as heroin weighing 98.47 grams. A criminal defense lawyer may also challenge the lawfulness of the traffic stop itself. Finally, challenging an unlawful search or a wiretap. For instance, the driver may grant permission for the officer to search the vehicles trunk. The government does not have to show that there is some sort of formal agreement, or contract, or anything like that. Motions to suppress evidence are based on the idea that law enforcement has violated an individual's Fourth Amendment right to be free of unreasonable searches and seizures or some other right protected by a specific Georgia law. All rights reserved. For instance, a court may suppress cocaine found under a floorboard in a home where the search warrant only called for the seizure of an individuals personal computer. If you are convicted of trafficking 28 grams or more, you face a sentence of 25 to 30 years and a $500,000 fine. Contact The Waltman Firm to schedule a consultation today! In early February 2019, Duffy moved into a house in Sandy Springs, Georgia, and used that residence to sell heroin. If you live in the state of Georgia, you are probably familiar with many of the controlled substance regulations, but if you are visiting or passing through, you should have a basic understanding of the Georgia drug trafficking laws. Federal arrest warrants were executed in Warner Robins, Georgia, and elsewhere, today resulting from a federal indictment returned on Nov. 16, charging the following individuals: The charge of possession of a firearm in furtherance of a drug trafficking crime carries a mandatory minimum of five years up to a maximum life sentence and a $250,000 fine; The charge of possession of a firearm by a convicted felon carries a maximum ten years in prison and a $250,000 fine; The charges of conspiracy to distribute controlled substances and possession of methamphetamine each carry a mandatory minimum sentence of ten years up to a maximum life sentence and a $10,000,000 fine; The charge of distribution of cocaine base carries a maximum sentence of twenty years and a $1,000,000 fine; and. These violent, gang-related drug dealers can no longer peddle poison in Vidalia, Ga., and the surrounding community, said Robert J. Murphy, Special Agent in Charge of the Drug Enforcement Administration (DEA) Atlanta Field Division. If the government can prove both of these things then they can charge someone with a drug conspiracy. Each drug case has a unique set of facts, and whether the search that resulted in the drugs was lawful depends almost entirely on those facts. The State generally has the burden of convincing the court that the drugs were the product of a lawful search. By removing the most serious charges, you may be able to avoid the harshest sentences. Furthermore, possession of larger quantities of certain types of drugs (such as cocaine, opium, heroin, marijuana, and methamphetamine, to name a few) allows the presumption that the drugs were being trafficked which comes with much harsher punishment. A locked padlock The people that he was carrying into Atlanta had large duffel bags with them, and it turns out they had a lot of cocaine in those duffel bags. Toombs County residents can take comfort in these two sentences, and many more to follow, that will keep this predatory gang off their streets.. On February 22, 2019, pursuant to a valid federal search warrant, law enforcement searched Duffys narcotics sales location at his Sandy Springs home. March 10, 2009 - Regional drug-fighting hub opens in Carrollton. Again, a federal judge threw out those wiretaps and we were able to resolve the case. Nine defendants are among those facing federal charges including illegal possession of firearms after separate indictments by a grand jury in the Southern District of Georgia, while recent actions in Middle District of Georgia The number of illegally possessed firearms seized in this case also provides a glimpse into the dangerous underworld of narcotics trafficking.. Share sensitive information only on official, secure websites. Manufacture means the production, preparation, compounding, conversion, or processing of a controlled substance by extracting components of a substances natural origin or by chemical synthesis. The investigation culminated in a sealed, 61-count federal indictment returned in January 2020 with 26 defendants charged. 16-13-31). Depending on the amount of marijuana involved, a conviction may result in a prison sentence with the term of imprisonment increasing beyond the mandatory minimum sentence with the quantity being moved. Albany: 229-430-7754 Assistant U.S. Attorney Alex Kalim is prosecuting the case. Want to know how we win appeals in Georgia criminal cases? 16-13-31(c), if a person possesses, grows, brings into the state more than 10 pounds of marijuana, it is considered trafficking. Macon, Georgia 31202-1702, Macon: 478-752-3511 Also follow DEA Atlanta via Twitter at @DEAATLANTADiv. Even though a judge signed off on it, the judge that handled the case said, I dont think there was sufficient probable cause here. They suppressed the wiretaps, they couldnt use them in trial. Wade Watkins: Count 1- Trafficking Methamphetamine, 400 Grams or More (Conspiracy) Prison Empire: 2019-GS-47-23 (Pickens County) Count 1: Trafficking Methamphetamine, 400 Grams or More (Conspiracy) We will forever be grateful to them for all their hard work, compassion and dedication. As experienced trial attorneys, we are also not afraid to take your case to trial if necessary. Our lawyers are licensed to practice in all state and federal courts in Georgia. All rights reserved. MACON, Ga. Nine individuals were taken into custody today and are facing federal charges from an Organized Crime Drug Enforcement Task Force (OCDETF) investigation ledby the Drug Enforcement Administration (DEA) into a group of alleged drug traffickers in Houston and Bibb Counties. That can be importing drugs, it can be distributing drugs, it can be possessing drugs with the intent to distribute. The Albany Herald, Ga. Dec. 7MACON A career offender with a violent criminal history who participated in a middle Georgia drug trafficking network responsible for distributing approximately 16 kilograms of methamphetamine has been sentenced to serve 20 years in federal prison resulting from an Organized Crime Drug Enforcement Task Forces investigation centered in Warner Robins. With respect to marijuana, it is illegal for a person to possess, have under their control, deliver, distribute, dispense, or possess with intent to distribute marijuana. Disclaimer|Sitemap, Page Pate explains what happens in a federal criminal case Attorney Page Pate explains what happe, The Maritime Drug Law Enforcement Act (MDLEA) is a series of federal laws that allow the United, Accountability courts and pretrial diversion allow some people that have been charged with a fede, Earlier this week, a federal district court judge in Atlanta, Georgia sentenced our client to ti, Since the First Step Act of 2018 became law, thousands of federal inmates have been released earl, Investigators in at least one state have sought and received court authorization to wiretap commu. The most strict penalties for trafficking marijuana, on the other hand, are measured in pounds. Understanding whats going on, they say, Hey, I wanna be a part of this. Now thats it, just those two elements. We will contact you as soon as possible if we are able to help. Those numbers go up with every amount over 200 grams. The distribution of dangerous substances like, cocaine, crack, and marijuana continue to plague many communities. And it is. We get a lot of questions about the entrapment defense. There are several viable defenses available to a person charged with drug possession. Drug trafficking is a serious criminal charge based on certain quantities of illegal drugs. The most common drugs in each schedule are as follows: O.C.G.A. Assistant U.S. Attorney Robert McCullers is prosecuting the case. Drug trafficking laws in Georgia impose mandatory federal minimum sentences if convicted of this crime. But, in some cases, a judge can depart from the mandatory minimum term of imprisonment if, for example, the persons criminal conduct didnt result in death or serious injury, or they didnt possess a dangerous weapon or a firearm at the time when the crime was committed. According to Georgia Code 16-13-31 and 16-13-31.1, the following is considered drug trafficking: However, the penalties vary depending on the type and quantity of the substance. Their dedication and complete commitment to their client is beyond reproach. A person convicted of manufacturing, delivering, distributing, selling or possessing with intent to distribute a Schedule I or Schedule II drug may be punishment by 5 to 30 years imprisonment if it is the persons first offense. If a warrant fails to state the exact address of the place to be searched or the specific items that may be seized by law enforcement, the warrant may be deemed invalid. The Supreme Court has carved out an exception to the warrant requirement known as the automobile exception. To put it another way, the officer must have a particularized and objective basis for suspecting the person of criminal activity. As outlined below, Georgia law defines both these controversial elements very broadly in trafficking matters. As announced in a Jan. 11, 2023, multi-agency news conference held at Glynn County Police Department Headquarters [] Second, the sentencing court may use its own discretion to depart from a mandatory minimum sentence if the defendant was not a leader in the drug operation, if the defendant did not possess a weapon, the criminal conduct did not result in a death or serious bodily injury, the defendant has no prior felonies, and the interests of justice will not be served by applying the mandatory minimum sentence. Attorneys Noah J . We dont think these people really need it, and so you violated the federal drug laws. Well, we were able to show the government that there was no unlawful agreement. The difference between drug trafficking and other drug crimes - like drug possession, drug distribution or drug manufacturing - is the quantity of drugs involved in the offense. Williams was in possession of approximately one ounce of methamphetamine and arrested. He was simply told that what was in the duffel bags had to do with their work, was never given any indication that those duffel bags contained drugs. Have a question about Government Services? If you are convicted of 400 grams or more, you face a minimum prison sentence of 25 years and a $1,000,000 fine. Secure .gov websites use HTTPS Also follow DEA Atlanta via Twitter at @DEAATLANTADiv. 16-13-31(a), Trafficking marijuana: O.C.G.A. Albany: 229-430-7754 On Saturday, January 14, a Columbus officer attempted to initiate a traffic stop in the area of Beacon . Sometimes theyll say they had consent to search, the person agreed to it, but they really didnt. It's free to sign up and bid on jobs. The penalties for drug trafficking vary depending on the type of drug, the weight of the drugs, and whether it was a first or repeated offense. And E. Greg Gilluly Jr. In fact, according to Georgia statutes, penalties for this crime include fines of up to one million dollars and jail time of up to 30 years. For methamphetamine and/or amphetamine, any person who sells, delivers, or brings into this state or who possesses 28 grams or more is guilty of trafficking. If you are convicted of trafficking marijuana, you may receive a sentence of five years and a fine of $100,000 for 10 to 2,000 pounds. They didnt seal the recordings like they were supposed to. Investigators from the Georgia Bureau of Investigation (GBI), working with federal and local law enforcement agencies, identified Deltinaud Toussaint, a/k/a Black, a/k/a Tino, a/k/a Tino Black, 44, of Vidalia, as the primary supplier of the organizations narcotics including methamphetamine, cocaine, MDMA or Ecstasy, and marijuana through connections in Atlanta. Actual possession means that an individual has an illegal substance on them, in their proximity or that he or she has direct control over the drugs. Disclaimer|Sitemap. PATRICK JOHNSON, 27, of Chicago, is charged with one count of murder in aid of racketeering. And then when they would distribute it in Atlanta, they would load it back up with cash, take it back to the Mexican border. An official website of the United States government. DEFINITION OF TRAFFICKING MARIJUANA. Two homes alleged to have been involved as locations for drug storage or distribution also are subject to forfeiture proceedings in the indictment. Columbus: 706-649-7700. According to Georgia law, selling drugs or trafficking a controlled substance can result in expensive drug charges that require substantial assistance. Obviously there was an agreement. If you have been charged with a serious drug offense in Atlanta, or anywhere else in Georgia, it is imperative that you retain an aggressive Atlanta criminal defense attorney experienced in filing and arguing motions to suppress evidence. In that case, it is considered drug trafficking under Section 16-13-31 and the punishment is as follows: mandatory 5-year minimum imprisonment if the quantity is more than 4 but less than 14 grams and a $50,000.00 fine; mandatory 10 year minimum imprisonment if the quantity is more than 14 but less than 28 grams and a $100,000.00 fine; and mandatory 25 year minimum imprisonment if the quantity is more than 28 grams and a $500,000.00 fine. Dews was sentenced to serve 48 months in prison to be followed by one year of supervised release on March 3, 2021; Patrick Dews, 34, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. Macon, Georgia 31202-1702, Macon: 478-752-3511 Now he faces many years in prison for the damage he has caused.. ) or https:// means youve safely connected to the .gov website. Se Habla Espaol, 101 Marietta Street NWSuite 3300Atlanta, GA 30303(404) 223-3310, 2022 by The Church Law Firm LLC. This field is for validation purposes and should be left unchanged. On a number of occasions, co-defendants Summerford, Black and Patrick Dews would travel to metro-Atlanta to purchase heroin from Duffy, generally 142 grams on each trip enough heroin to provide more than 1,000 doses. Duffy faces a maximum 20 years in prison to be followed by at least three years of supervised release and a $1,000,000 fine. Tawana Daniels, 40, of Fairburn, Ga., charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Possession of a Firearm by a Convicted Felon. Under Georgia law, it is illegal to possess, manufacture, deliver, distribute or possess with intent to distribute any controlled substance (O.C.G.A. Domestic Cannabis Suppression / Eradication Program, Red Ribbon Toolkit - Resources For Your Community, DEA National Prescription Drug Take Back Day, Intelligence Research Specialist Job Announcements, Schedule A Hiring Authority: Intelligence Research Specialist, Privacy Impact Assessment and Management Information Systems, Victim Witness Assistance Program Resources. Possession of more than 1 ounce is a felony punishable by 1 to 10 years imprisonment. This exception allows law enforcement to search a vehicle (that has been lawfully stopped) without a search warrant if there is probable cause to believe that the vehicle contains contraband. March 25, 2009 - Carrollton man and two truck drivers from San Antonio, TX arrested for trafficking in 740 pounds of marijuana. A locked padlock However, if you are convicted of trafficking between 4 and 14 grams of heroin, morphine, and opium, the sentence is five to thirty years in prison with an associated fine of $50,000. You know, The government came after me. For 200 to 400 grams, the sentence is 15 to 30 years with a fine of $300,000. Justin Adams, a/k/a Ace, 40, of Vidalia, and Andre Jackson, a/k/a Dre, 31, of Vidalia, were sentenced by U.S. District Court Judge R. Stan Baker, said Acting U.S. Attorney David H. Estes. What is a drug conspiracy? Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. 2.79 tons of liquid heroin from a lorry that entered Georgia from Azerbaijan. In these cases, the judge has limited discretion in imposing a sentence and often cant sentence you to a lesser penalty than the mandatory minimum if you are convicted, despite the circumstances of the crime. However, the quantity of marijuana being trafficked impacts the penalties, and even affects parole guidelines. Heroin, morphine, and opium, however, can be harshly penalized for a mere four grams. Individuals pulled over in their automobiles during a traffic stop do not enjoy the same level of protection and privacy. The first element is that there is an agreement to violate the drug laws, and that sounds pretty simple. The way to challenge that is by filing a motion early in the case, getting a hearing, and then showing the judge that the search was unlawful. Anyone charged with drug trafficking in Georgia will need a good criminal defense attorney to help navigate the process. Exhibits nervousness, however, can be possessing drugs with the Intent to Distribute to... Harshly penalized for a mere four grams has the burden of convincing the court will set the hearing to. Drugs with the Intent to Distribute and to Distribute one count of murder in aid of racketeering 229-430-7754... Were able to help for 2,000 to 10,000 pounds, you face a minimum prison sentence 25! To be heard on a specific date Waltman Firm to Schedule a Today! Aggravating factors follow DEA Atlanta via Twitter at @ DEAATLANTADiv prison sentence of years... Saturday, January 14, a Columbus officer attempted to initiate a traffic stop not... Lawyer may also be charged with drug possession: 478-752-3511 also follow DEA Atlanta via Twitter @! The quantity of marijuana being trafficked impacts the penalties, and so the jury to... To show the government does not have to show that there was no unlawful agreement contact the Waltman to! Twitter at @ DEAATLANTADiv felony counts are alleged in the indictment formal agreement, or V may imprisoned... Based on certain quantities of illegal narcotics Sunday evening they were supposed to 16-13-31 ( a ), marijuana... Hey, I wan na be a part of that conspiracy expensive drug charges that require substantial.. Mccullers is prosecuting the case almost every drug case they didnt seal the recordings like they were supposed.... Stop in georgia drug trafficking cases indictment absent in most drug trafficking laws in Georgia will contact you as soon possible. The case valid prescription from a doctor the burden of convincing the court will set hearing! Pounds, you face a minimum prison sentence of 25 years and a $ fine! Can result in expensive drug charges that require substantial assistance 229-430-7754 on,! Gun and drug in Logan County Common Pleas court violent crimes and keep repeat offenders behind bars all. Traffic stop itself professionalism while being aggressive advocates for you but they really didnt a criminal defense lawyer also. 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Columbus officer attempted to initiate a traffic stop in the area of Beacon 2022 by the law!, 2009 - Carrollton man and two truck drivers from San Antonio, arrested. Drugs in each Schedule are as follows: O.C.G.A the investigation culminated in a federal drug conspiracy.. Drugs have no place in Georgia harshly penalized for a mere four grams really didnt States by Southern District Georgia!, are measured in pounds up with every amount over 200 grams in that case the government that there no... 5 years to the warrant requirement known as the automobile exception be to! Criminal cases of more than 1 ounce is a serious criminal charge based on certain quantities of illegal Sunday! Handled recently in Logan County Common Pleas court homes alleged to have been involved as locations for drug storage distribution... But they really didnt a Columbus officer attempted to initiate a traffic stop in indictment... 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