Plea Agreement — United States v. Harris (Dkt. 31, E.D. Ky.)

Summary

A plea agreement in United States v. Dewayne Harris, Criminal Action No. 6:26-CR-0033-KKC, in the U.S. District Court for the Eastern District of Kentucky, filed June 15, 2026 as Doc. 31. Under Federal Rule of Criminal Procedure 11(c), Harris will plead guilty to Count One of the Indictment, which charges conspiracy to distribute a mixture or substance containing fentanyl in violation of 21 U.S.C. § 846. The United States will move at sentencing to dismiss Counts Two, Three, Four, and Six and will not bring additional charges based on evidence in its possession, unless the agreement is breached. The agreement lists the elements of Count One. Its six pages carry signature blocks for Assistant United States Attorney Andrew H. Trimble, the defendant and attorney Travis Alan Rossman.

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Case: 6:26-cr-00033-KKC-EBA       Doc#:31 _ Filed: 06/15/26        Page: 1 of 6 - Page
                                      ID#: 92

                      UNITED STATES DISTRICT COURT
                      EASTERN DISTRICT OF KENTUCKY
                              SOUTHERN DIVISION
                                     LONDON

CRIMINAL ACTION NO. 6:26-CR-0033-KKC

UNITED STATES OF AMERICA                                               PLAINTIFF

V.                             PLEA AGREEMENT

DEWAYNE HARRIS                                                       DEFENDANT

                                    *¥ *e *& &
                  NX,

       1.    Pursuant to Federal Rule of Criminal Procedure 11(c), the Defendant will

enter a guilty plea to Count One of the Indictment, which charges a violation of 21 U.S.C.

§ 846, conspiracy to distribute a mixture or substance containing a detectable amount of

fentanyl, a Schedule II controlled substance. Pursuant to Rule 11(c)(1)(A), the United

States will move at sentencing to dismiss Counts Two, Three, Four, and Six. Pursuant to

Rule 11(c)(1)(A), the United States will not bring additional charges against the Defendant

based upon evidence in its possession at the time of the execution of this Agreement and

arising out of the Defendant’s conduct within the Eastern District of Kentucky, unless the

Defendant breaches this Agreement.

       2.    The essential elements of Count One are:

             (a)   Two or more persons conspired, or agreed, to distribute a mixture or
                    substance containing a detectable amount of fentanyl, a Schedule IT
                    controlled substance;

             (b)   The Defendant knew of the conspiracy and its objects, aims, and
                    goals; and

Case: 6:26-cr-00033-KKC-EBA Doc#:31_ Filed: 06/15/26 Page: 2 of 6 - Page
ID#: 93

(c) The Defendant joined the conspiracy with the intent that at least one
of the conspirators engage in conduct that satisfies the elements of
distribution of a mixture or substance containing a detectable amount
of fentanyl, a Schedule II controlled substance.

3. As to Count One, the United States could prove the following facts that
establish the essential elements of the offense beyond a reasonable doubt, and the

Defendant admits these facts:

(a) On December 18, 2003, the Defendant was sentenced to 270 months
of incarceration in connection with a conviction for, among other
things, conspiracy to possess with the intent to distribute 5 kilograms
or more of cocaine and oxycodone in violation of 21 U.S.C. § 846, in
United States District Court for the Eastern District of Kentucky case
number 06:03-CR-17-S-KKC. The Defendant was released from
custody on January 16, 2025. Several months after his release and
until February 12, 2026, the Defendant worked together with an
associate to obtain fentany! from a supplier and distribute that fentanyl
to other dealers and users in the Harlan County area of the Eastern
District of Kentucky.

(b) On or about January 13, 2026, law enforcement used a confidential
informant to make a controlled purchase of 2.165 grams of fentanyl
from the Defendant. The transaction was arranged with the
Defendant’s associate, but the Defendant distributed the fentanyl] to
the informant and received the payment. On or about February 7,
2026, law enforcement used a confidential informant to make a
controlled purchase of 3.172 grams of fentanyl from the Defendant’s
associate. Though the Defendant’s associate distributed the fentanyl,
the Defendant participated in the transaction by communicating with
the informant about the details of the transaction prior to it occurring.
The Defendant was also present during the transaction.

(c) On or about February 12, 2026, in Harlan County, law enforcement
conducted searches of two residences connected to the Defendant and
the Defendant’s associate. During those searches, law enforcement
located, among other things, a large amount of United States currency,
12.054 grams of methamphetamine, and 18.384 grams of fentanyl.
The Defendant possessed this fentanyl and intended to distribute it.


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ID#: 94

4, The statutory punishment for Count One is imprisonment for not more than
30 years, a fine of not more than $2,000,000, and a term of supervised release of at least 6
years. The Defendant has one prior felony drug offense as set forth in the notice filed by
the United States pursuant to 21 U.S.C. § 851, and therefore the Defendant is subject to the
above enhanced statutory punishment. A mandatory special assessment of $100.00 applies,
and the Defendant will pay this assessment to the U.S. District Court Clerk as directed by
the Court.

5. Pursuant to Federal Rule of Criminal Procedure 11(c)(1)(B), the United
States and the Defendant recommend the following sentencing guidelines calculations, and
they may object to or argue in favor of other calculations. This recommendation does not
bind the Court.

(a) The United States Sentencing Guidelines (U.S.S.G.) manual in effect
at the time of sentencing will determine the Defendant’s guidelines
range.

(b) Pursuant to U.S.S.G. § 1B1.3, the Defendant’s relevant conduct
includes at least 80 kilograms but less than 100 kilograms of
converted drug weight (fentanyl and methamphetamine mixture),
which corresponds to a base offense level of 22.

(c) Pursuant to U.S.S.G. § 3E1.1 and unless the Defendant commits
another crime, obstructs justice, or violates a court order, decrease the
offense level by 2 levels for the Defendant’s acceptance of
responsibility. If the offense level determined prior to this 2-level
decrease is level 16 or greater, the United States will move at
sentencing to decrease the offense level by 1 additional level based on
the Defendant’s timely notice of intent to plead guilty.

6. No agreement exists regarding the Defendant*s~criminal history category

pursuant to U.S.S.G. Chapter 4.


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ID#: 95

7. The Defendant will not file a motion for a decrease in the offense level based
on a mitigating role pursuant to U.S.S.G. §§ 3B1.2 or 2D1.1(e)(2).

8. The Defendant waives the right to appeal the guilty plea and conviction. The
Defendant reserves the right to appeal the sentence. Except for claims of ineffective
assistance of counsel, the Defendant also waives the right to attack collaterally the guilty
plea, conviction, and sentence.

9. If the Defendant violates any part of this Agreement, the United States may
void this Agreement and seek an Indictment for any violations of federal laws, and the
Defendant waives any right to challenge the initiation of additional federal charges.

10. The Defendant consents to the forfeiture to the United States, by
administrative or judicial proceedings, of all right, title, and interest in the property listed
in the forfeiture allegation of the Indictment. The Defendant agrees that this property is
subject to forfeiture because a nexus exists between the property and the offenses to which
he is pleading guilty, as set forth in the forfeiture allegation of the Indictment. The
Defendant consents to the entry of a Preliminary Order of Forfeiture, pursuant to Federal
Rule of Criminal Procedure 32.2, and agrees take any steps necessary to assist the
government in effectuating the surrender and forfeiture of the assets identified herein,
including but not limited to executing any documents necessary for the surrender and
transfer of title to the United States. The Defendant agrees not to file a claim or petition
seeking remission or otherwise contesting the forfeiture of the assets identified herein in

any administrative or judicial proceeding, or to assist any other person or entity with doing


Case: 6:26-cr-00033-KKC-EBA Doc#:31_ Filed: 06/15/26 Page: 5 of 6 - Page
ID#: 96

so, and agrees to withdraw, and hereby withdraws, any such claim or petition that may
have already submitted. The Defendant voluntarily and knowingly waives all provisions
in Rule 32.2 pertaining to notice and/or the timing of forfeiture orders. The Defendant also
waives his right, if any, to a jury trial on forfeiture and all constitutional, legal, or equitable
defenses to the forfeiture. The Defendant agrees that this forfeiture is separate and distinct
from any restitution, fine, or penalty ordered by the Court and shall survive bankruptcy.

11. The Defendant abandons any interest in, and consents to the official use,
destruction, or other disposition of, any item obtained by any law enforcement agency
during the course of the investigation, unless an item is specifically provided for in another
provision of this Agreement. The Defendant also waives any notice of a proceeding to
implement the official use, destruction, or other disposition of any item abandoned under
this paragraph.

12. This document contains the complete and only Plea Agreement between the
United States Attorney for the Eastern District of Kentucky and the Defendant. The United
States has not made any other promises to the Defendant.

13. This Agreement does not bind the United States Attorney’s Offices in other
districts, or any other federal, state, or local prosecuting authorities.

14. The Defendant and the Defendant’s attorney acknowledge that the Defendant
understands this Agreement, that the Defendant’s attorney has fully explained this
Agreement to the Defendant, and that the Defendant’s entry into this Agreement is

voluntary.


Case: 6:26-cr-00033-KKC-EBA Doc#:31_ Filed: 06/15/26 Page: 6 of 6 - Page
ID#: 97

JASON D. PARMAN
FIRST ASSISTANT U.S. ATTORNEY

Date: ul i<| ZV wy: Ae fet

“ Andrew H. Trimble
Assistant United States Attorney

SAU NS) Le] peers —

‘Déwayne Harris
Defendant

Date: \~ ( Y-dG OO).

Travis Alan Rossman
Attorney for Defendant

Date:

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