Drug trafficker’s sentence 63 months
Judge decides against federal minimum term, sends defendant straight to prison
One of the last members of a drug trafficking ring responsible for distributing large quantities of methamphetamine, heroin and other drugs in and around Central Arkansas from November 2015 until February 2018 was sentenced Friday.
Dustin Wayne McCarty, 40, pleaded guilty in February to one count of conspiracy to possess with intent to distribute methamphetamine.
U.S. District Judge Brian S. Miller sentenced McCarty on Friday to 63 months in federal prison, four years of supervised release and ordered him to seek substance-abuse treatment and obtain a mental-health evaluation. The judge did not impose a fine.
The statutory sentencing range for the offense is five years to 40 years in prison, four years to life of supervised release, and a fine of $5 million.
McCarty’s attorney, Mark Alan Jesse of North Little Rock, argued for the minimum sentence for his client and pointed out that McCarty had complied with all conditions of pretrial release.
“Throughout this case, and it’s been delayed quite a bit because of covid-19, he’s been very cooperative,” Jesse said, noting that McCarty
had complied with all requests for information and had committed no pretrial release violations.
Jesse also pointed out that McCarty had submitted several letters of support that had a common theme.
“They’ve consistently said the same thing, that although he’s gotten himself entangled in a criminal case, he has tried to rectify the situation, acted right and has every reason to be on the straight and narrow,” Jesse continued. “So we ask the court to consider the totality of that and impose a reasonable sentence.”
Miller turned his attention to McCarty’s mother, stepfather and fiancee, who attended the hearing, thanked them for their letters and explained what was about to happen.
“In the federal system we have our law that tells me what the minimum sentence is that I can give Mr. McCarty and what the maximum is, and I have to give him a sentence that’s within the range provided by the law,” Miller said. “If I were inclined to view him exactly as you do as a loving son … I read the mother’s statement about how when he gets on drugs, that’s when he acts out and does things but at heart he’s a good person.
“If I knew him and agreed with everything you said I’d still have to give him five years.”
Miller asked if the U.S. attorney’s office had any objection to giving McCarty a date to report to prison and allowing him to self-report.
“Your honor, it’s been a year since he pled and it’s originally supposed to be 45 days,” said Anne Gardner, the assistant U.S. attorney, noting that McCarty had been allowed to remain free during sentencing delays caused by the pandemic and by health problems. “Now here it is a year later, and by statute I’m not allowed to ask.”
“I think it is by law unless you find exceptional circumstances,” Jesse said, objecting. “He had surgery scheduled and a number of medical problems, some of which continue. He was hoping that the court, given the fact that he’s abided by the conditions that you set, that you would allow him to self-report.”
Miller overruled the defense attorney and a gasp could be heard from McCarty’s family members sitting a few feet away as McCarty raised his head abruptly in their direction, a stricken look on his face.
“I hate that for the family, but I’m required by law to take him into custody unless I find exceptional circumstances,” Miller said.
McCarty is the 15th person sentenced of the 18 who were named in the federal indictment. Robert Carroll Turpin, who was acknowledged as the ringleader, was sentenced to 97 months in federal prison in December.
Of the three remaining defendants, Sergio Andres Gonzales is scheduled for sentencing Monday; Byron Davis Warrington has entered a plea but no sentencing date has been set; and Demetric Issac Williams is scheduled for jury trial April 19.