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Marcus Taylor Marcus was 19 years old when he pled guilty to conspiracy to possess with intent to distribute 10.3 grams (1,800 doses) of LSD. When Marcus was sentenced, an additional sale of 63 grams of LSD was included as the total result of the conspiracy. Marcus had no criminal history points and the additional 63 grams was sold by his codefendant one month after Marcus was already in jail. He had no knowledge and no participation in this sale. Because of this additional sale, Marcus' guidelines called for a minimum of 121 months in prison. Had this 63 grams not been included, his guideline range would have been 97 to 121 months. This is basically moot, however, as the mandatory minimum in either case was 120 months.
Marcus is not married and has no children, but says that his family was deeply hurt by his imprisonment, as he "was still a child, especially to them, when he was arrested."
He became acquainted with Edward Barrett when he was 16 years old and if you read the offense conduct below, you will see how a person can be held responsible for far more drugs that a person was actually involved in due to our present conspiracy laws.
According to Docket No. 89-222-CR-T-13(A) this is what transpired in the case. If you have ever wondered how a "sting operation" works, read on.
On May 8, 1989, Detective Enrique Mallol of the Manatee Sheriff's Department negotiated with Edward James Barrett, who was at that time in San Francisco, California, to purchase a quantity of LSD. Edward Barrett instructed Detective Mallol to wire $400 to him in California. Later that afternoon, Detective Mallol wired $400 to Edward Barrett under the name of Melissa Dramstad.
On May 11, 1989, Edward Barrett contacted Detective Mallol and advised him that a shipment of LSD was on its way to Sarasota, Florida. Mr. Barrett stated that an individual named "Lester" would have the LSD.
On May 12,1989, Detective Mallol was paged by Edward Barrett in San Francisco and returned his call. Edward Barrett gave him the address of Lester Liston. Mr. Barrett instructed Detective Mallol to wire him $150. Later that afternoon, Edward Barrett contacted him again inquiring if he (Mallol) had picked up the LSD from Lester. Detective Mallol advised Mr. Barrett that he had gone by the residence and talked to a white female. She had stated that Mr. Liston was not at the residence and she was unaware where he kept the LSD hidden. Edward Barrett asked if he checked the mail box at Liston's for the LSD. Detective Mallol replied "No." Edward Barrett stated there would be 300 "hits" of LSD there for him. Detective Mallol returned to the residence and was unable to locate any drugs. He was given a telephone number for Liston by the unknown female.
On May 13, 1989, Detective Mallol spoke to Edward Barrett who was still in San Francisco, California. Edward Barrett stated that he had 300 hits for him and needed $500 to get the ball rolling because he wanted to do a "big roll". Mr. Barrett stated that he would mail Detective Mallol and additional amount of LSD, and for him to give it to Lester Liston.
On that same date, Detective Mallol was contacted by Lester Liston. Mr. Liston told him to come to his residence in Sarasota, Florida, to pick up the LSD. Detective Mallol and an undercover officer went to the residence and met with Lester Liston and Sheila Bennett. Mr. Liston instructed Sheila Bennett to go into the bedroom to get the 300 hits of LSD. Sheila Bennett complied with these instructions and gave the LSD to Detective Mallol. Lester Liston also sold him an additional 25 hits of LSD for $40. The total weight of the LSD was 2 grams. (300 hits -1.9 grams; 25 hits -.1 gram)
On May 14, 1989, Detective Mallol contacted James Barrett in San Francisco, California, who instructed him to send $500 under the name of Marcus Taylor.
On May 15,1989, Detective Mallol sent $500 under the name of Marcus Taylor. Later that day, he was contacted by Edward Barrett, who verified that he had received the money. Mr. Barrett wanted to sell 500 hits to him. Detective Mallol asked Edward Barrett if he could sell 10,000 hits. Mr. Barrett stated that he would need $4,000 up front. Edward Barrett stated that he would send 1,000 hits to him and that he would be getting it soon. Detective Mallol spoke to Marcus Taylor, who was also in the room with Edward Barrett. Mr. Taylor advised Detective Mallol that there was no problem in sending the 1,000 hits of LSD.
On May 17, 1989, Edward Barrett contacted Detective Mallol and stated that the LSD was on its way to Sarasota, Florida. Mr. Barrett stated that it was going to a girl who was family. Edward Barrett furnished him with a telephone number which belonged to Jennifer Barrett, the sister of Edward Barrett. Edward Barrett stated that he was sending 1,500 hits of LSD and wanted him to take $500 over to Lester Liston's residence, so that Marcus Taylor could pick up 500 hits when he returned to Florida from California.
Detective Mallol was contacted by Edward Barrett on May 18, 1989. Mr. Barrett instructed him to call Jennifer Barrett's residence and talk to a guy named "Bill", who would give him directions to the residence. Detective Mallol contacted the individual named Bill and advised him he was on his way to pick up the stuff.
Detective Mallol arrived at Jennifer Barrett's residence and met with Jennifer Barrett and a white male named "John". Jennifer Barrett opened a Federal Express package and handed Detective Mallol approximately 1,500 hits of LSD. The Federal Express package was addressed to Jennifer Barrett and a name utilized by Detective Mallol. The total weight of the LSD was 8.3 grams.
On that same day. Detective Mallol contacted Lester Liston and advised him he had 1,500 hits of LSD which included 500 hits for him. In an attempt not to allow the drugs to go out on the street, Detective Mallol advised Liston that he had sold the 500 hits for him. Lester Liston stated that he was going to hold the 500 hits for Marcus Taylor. Detective Mallol went to Lester Liston's residence and left 500 hits of fake LSD for Marcus Taylor. Edward Barrett called and wanted Detective Mallol to send him $200 to Western Union under the name of Michael Storm.
Detective Mallol sent Edward Barrett $500 on May 19, 1989. Edward Barrett called him that same day and stated he received the money.
On May 20, 1989, Edward Barrett paged Detective Mallol. He returned Mr. Barrett's phone call and was advised by him (Barrett) that he was going to stay out there due to a good supplier. Mr. Barrett advised Detective Mallol that he could get some black tar heroin, meth, and opium, and would try to send some down.
On May 21,1989, Detective Mallol was again paged by Edward Barrett. He telephoned Edward Barrett who stated he was in San Diego. Mr. Barrett stated that he could get black tar heroin at $40 a quarter. Mr. Barrett advised Detective Mallol that he owed him a balance of $700. He instructed Detective Mallol to go Liston's residence and pick up some money and send it out to him with the $700.
Edward Barrett paged Detective Mallol approximately 30 minutes later. Detective Mallol returned the phone call, and Mr. Barrett stated that one of his contacts in Boston had come through and that he could provide him 10,000 hits of LSD. Mr. Barrett stated that he would bring it down.
Marcus Taylor arrived in Bradenton, Florida, on May 23, 1989. He realized the LSD given to Lester Liston was fake and contacted Detective Mallol wanting his 500 hits of LSD. On that same day, Detective Mallol and another undercover officer met with Marcus Taylor. Detective Mallol gave Mr. Taylor 500 hits of LSD. Mr. Taylor sold 300 hits back to Detective Mallol for $50.
On May 23,1989, Detective Mallol wired Edward Barrett $220 under the name of Michael Storm. Edward Barrett contacted Detective Mallol on that same date and advised him he owed a balance of $460. Jennifer Barrett also contacted him and stated that she had talked to her brother and that he (Barrett) wanted Detective Mallol to give her 25 hits for doing the delivery of 1,000 hits previously. Detective Mallol advised her that he could not do it.
Jennifer Barrett contacted Detective Mallol on May 25, 1989, and wanted him to pay the balance that he owed her brother by that night.
On May 30, 1989, Edward Barrett contacted Detective Mallol from San Francisco, California. Mr. Barrett advised Detective Mallol that his Boston man came through with the 10,000 hits of LSD. Mr. Barrett wanted to known if Detective Mallol had a buyer for the 10,000 hits, because he could be here by Friday. On that same date, Jennifer Barrett contacted Detective Mallol and wanted to know if he had sent the money to Edward Barrett, because he was going to fly down. Detective Mallol wired $450 to Mr. Barrett through Western Union under the name of Michael Storm.
On July 27, 1989, Detective Mallol received information that Edward Barrett was in Sarasota, Florida, driving a 1984 Chevrolet Celebrity which was registered to Jennifer Barrett. The vehicle was subsequently stopped by officers of the Sarasota Police Department. Edward Barrett gave officers consent to search the vehicle which produced 63 grams of LSD.
Edward Barrett pled guilty and was sentenced to 15 years, 8 months
Lester Liston was found guilty by jury and sentenced to 10 years, 1 month
Sheila was found guilty by jury and sentenced to 5 years
Jennifer Barrett was found guilty by jury and sentenced to 5 years.
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