Indictment — United States v. Charles Hudson (Southern District of Florida, Document 1)

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An Indictment in United States v. Charles Hudson, Case 2:23-cr-14051-DLG, Document 1, entered November 16, 2023, in the United States District Court for the Southern District of Florida. Counts 1 and 2 charge possession with intent to distribute a controlled substance on or about February 22, 2023, in Indian River County, alleging 5 kilograms or more of a mixture containing cocaine in Count 1 and 400 grams or more of a mixture containing fentanyl in Count 2. Count 3 charges possession of a firearm in furtherance of a drug trafficking crime, and Count 4 charges possession of a firearm and ammunition by a convicted felon. The document also contains forfeiture allegations, a Certificate of Trial Attorney and a Penalty Sheet.

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Case 2:23-cr-14051-DLG Document 1 Entered on FLSD Docket 11/16/2023 Page 1 of 7

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA NOV 16 2023

NOBLE
CASE NO. 23051-CR-GRAHAM/MCCABE ARES DIST. CT.

FILED BY. D.C.

S. D. OF FLA. - FT, PIERCE
21 U.S.C. § 841(a)(1)
18 U.S.C. § 924(c)(1)(A)(i)
18 U.S.C. § 922(g)(1)

UNITED STATES OF AMERICA

v.
CHARLES HUDSON,
Defendant.
INDICTMENT
The Grand Jury charges that:
COUNT 1
Possession with Intent to Distribute a Controlled Substance
(21 U.S.C. § 841(a)(1))

On or about February 22, 2023, in Indian River County, in the Southern District of Florida,

the defendant,

CHARLES HUDSON,
did knowingly and intentionally possess with intent to distribute a controlled substance, in
violation of Title 21, United States Code, Section 841(a)(1).
Pursuant to Title 21, United States Code, Section 841(b)(1)(A)(ii), it is further alleged that
this violation involved 5 kilograms or more of a mixture and substance containing a detectable

amount of cocaine, a Schedule II controlled substance.
Case 2:23-cr-14051-DLG Document 1 Entered on FLSD Docket 11/16/2023 Page 2 of 7

i

COUNT 2
Possession with Intent to Distribute a Controlled Substance
(21 U.S.C. § 841(a)(1))

On or about February 22, 2023, in Indian River County, in the Southern District of Florida,

the defendant,

CHARLES HUDSON,
did knowingly and intentionally possess with intent to distribute a controlled substance, in
violation of Title 21, United States Code, Section 841 (a)(1).

Pursuant to Title 21, United States Code, Section 841(b)(1)(A)(vi), it is further alleged that
this violation involved 400 grams or more of a mixture and substance containing a detectable
amount of fentanyl, a Schedule II controlled substance.

COUNT 3
Possession of a Firearm in Furtherance of a Drug Trafficking Crime
(18 U.S.C. § 924(c)(1)(A)@)

On or about February 22, 2023, in Indian River County, in the Southern District of Florida,

the defendant,

CHARLES HUDSON,
did knowingly possess a firearm in furtherance of a drug trafficking crime, a felony offense for
which the defendant may be prosecuted in a court of the United States, that is, a violation of Title

21, United States Code, Section 841(a)(1), as charged in Count 1 of this Indictment, in violation of

Title 18, United States Code, Section 924(c)(1)(A)Q@).
Case 2:23-cr-14051-DLG Document 1 Entered on FLSD Docket 11/16/2023 Page 3 of 7

COUNT 4
Possession of a Firearm and Ammunition by a Convicted Felon
(18 U.S.C. § 922(g)(1))
On or about February 22, 2023, in Indian River County, in the Southern District of Florida,
the defendant,
CHARLES HUDSON,
knowingly possessed a firearm and ammunition in and affecting interstate and foreign commerce,
knowing that he had previously been convicted of a crime punishable by imprisonment for a term
exceeding one year, in violation of Title 18, United States Code, Section 922(g)(1).
Pursuant to Title 18, United States Code, Section 924(e)(1), it is further alleged that before
the defendant, CHARLES HUDSON, committed the offense charged in this count, he had at least
three prior convictions for a violent felony or serious drug offense, or any combination thereof,

committed on occasions different from one another.

FORFEITURE ALLEGATIONS

1, The allegations of this Indictment are re-alleged and by this reference fully
incorporated herein for the purpose of alleging forfeiture to the United States of certain property
in which the defendant has an interest.

2. Upon conviction of any violation of Title 21, United States Code, Section 841(a)(1),
as alleged in Counts One and Two of this Indictment, the defendant, CHARLES HUDSON, shall
forfeit to the United States, pursuant to Title 21, United States Code, Section 853, any property
constituting, or derived from, any proceeds the defendant obtained, directly or indirectly, as a result
of such violation, and any property intended to be used, in any manner or part, to commit or to

facilitate the commission of such violation.
Case 2:23-cr-14051-DLG Document 1 Entered on FLSD Docket 11/16/2023 Page 4 of 7

3. Upon conviction of any violation of Title 18, United States Code, Section
922(g)(1), as alleged in Count Three of this Indictment, the defendant, CHARLES HUDSON,
shall forfeit to the United States any firearm involved in or used in the commission of such
violation, pursuant to Title 18, United States Code, Section 924(d)(1).

All pursuant to Title 21, United States Code, Section 853 and Title 18, United States Code,
Section 924(d)(1), and the procedures set forth in Title 21, United States Code, Section 853, as

incorporated by Title 28, United States Code, Section 2461(c).

A TRUE BILL

MARKENZY LAPOINTE /
UNITED STATES ATTORNEY

MICHAEL D, PORTER
ASSISTANT UNITED STATES ATTORNEY
Case 2:23-cr-14051-DLG Document 1 Entered on FLSD Docket 11/16/2023 Page 5 of 7

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

UNITED STATES OF AMERICA CASE NO.; 28-14051-CR-GRAHAM/MAYNARD

Vv.

CHARLES HUDSON, CERTIFICATE OF TRIAL ATTORNEY

/ Superseding Case Information:
Defendant. New Defendant(s) (Yes or No)
Court Division (select one) Number of New Defendants
0 Miami [Cl Key West [EIFTP Total number of counts
I do hereby certify that:
1. Ihave carefully considered the allegations of the indictment, the number of defendants, the number of probable

witnesses and the legal complexities of the Indictment/Information attached hereto.
2. Tam aware that the information supplied on this statement will be relied upon by the Judges of this Court in setting
their calendars and scheduling criminal trials under the mandate of the Speedy Trial Act, Title 28 U.S.C. §3161.

3, Interpreter: (Yes or No) No
List language and/or dialect:

4. This case will take 4 days for the parties to try.

5. Please check appropriate category and type of offense listed below:

(Check only one) (Check only one)

Il © 6to 10 days CF Minor

Ill £111 to 20 days [] Misdemeanor
IV [121 to 60 days ] Felony

V_ [161 days and over

6. Has this case been previously filed in this District Court? (Yes or No) No
If yes, Judge Case No.
7, Has acomplaint been filed in this matter? (Yes or No) No
If yes, Magistrate Case No.
8. Does this case relate to a previously filed matter in this District Court? (Yes or No) Yes
If yes, Judge Moore Case No. 2:07-cr-14081
9. Defendant(s) in federal custody as of 02/22/23
10. Defendant(s) in state custody as of
11. Rule 20 from the _________ District of
12. Is this a potential death penalty case? (Yes or No) No
13. Does this case originate from a matter pending in the Northern Region of the U.S. Attorney’s Office
prior to August 8, 2014 (Mag. Judge Shaniek Maynard? (Yes or No) No
14. Does this case originate from a matter pending in the Central Region of the U.S. Attorney’s Office
prior to October 3, 2019 (Mag. Judge Jared Strauss? (Yes or No) No
15. Did this matter involve the participation of or consultation with now w Magistrate Judge Eduardo I. Sanchez
during his tenure at the U.S. Attorney’s Office, which concluded on January 22, 2023? NO

MICHAEL PORTER
Assistant United States Attorney

FL Bar No, 0031149
Case 2:23-cr-14051-DLG Document 1 Entered on FLSD Docket 11/16/2023 Page 6 of 7

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

PENALTY SHEET

Defendant's Name: CHARLES HUDSON

Case No: 23-14051-CR-GRAHAM/MAYNARD

Count #: 1

Possession w/Intent to Distribute 5 kilograms or more of cocaine, 21 U.S.C. §§ 841(a)(1) and

* Max. Term of Imprisonment: Life

* Mandatory Min. Term of Imprisonment (if applicable): 10 years
* Max. Supervised Release: Life

* Max. Fine: $10,000,000/$100 Special Assessment

Count #: 2

Possession w/Intent to Distribute 400 grams or more of fentanyl, 21 U.S.C. §§ 841(a)(1) and
(b)(1)(A)(vi)

* Max. Term of Imprisonment: Life

* Mandatory Min. Term of Imprisonment (if applicable): 10 years
* Max. Supervised Release: Life

* Max. Fine: $10,000,000/$100 Special Assessment

Count #:3

Possession of a Firearm in Furtherance of a Drug Trafficking Crime, 18 U.S.C. § 924(c)( 1)(A)QG)

* Max. Term of Imprisonment: Life

* Mandatory Min. Term of Imprisonment (if applicable): 5 years, to be served consecutive to
any other sentence imposed

* Max. Supervised Release: 5 years

* Max. Fine: $250,000 / $100 Special Assessment

*Refers only to possible term of incarceration, supervised release and fines. It does not include
restitution, special assessments, parole terms, or forfeitures that may be applicable.
Case 2:23-cr-14051-DLG Document 1 Entered on FLSD Docket 11/16/2023 Page 7 of 7

Count #: 4

Possession of a Firearm and Ammunition by a Convicted Felon, 18 U.S.C. § 922(g)(1)

* Max/Mandatory Min Term of Imprisonment and Supervised Release: If the defendant is an
armed career criminal, he faces a mandatory minimum term of 15 years’ imprisonment, statutory
maximum term of life imprisonment, and up to 5 years of supervised release. Ifthe defendant is
not an armed career criminal, he faces a statutory maximum term of 10 years’ imprisonment and
up to 3 years of supervised release

* Max. Fine: $250,000 / $100 Special Assessment

*Refers only to possible term of incarceration, supervised release and fines. It does not include
restitution, special assessments, parole terms, or forfeitures that may be applicable.


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