Indictment — No. 1:20-cr-00104 (Dkt. 8, W.D.N.Y.)
Summary
An indictment filed July 23, 2020 as Document 8 in United States v. Joseph Bella, Case 1:20-cr-00104-RJA-MJR, in the U.S. District Court for the Western District of New York. The three-page document sets out three counts, each introduced by "The Grand Jury Charges That": maintaining a drug-involved premises under Title 21, United States Code, Section 856(a)(1); possession of a firearm in furtherance of drug trafficking under Title 18, United States Code, Section 924(c)(1)(A)(i); and possession of a firearm and ammunition by an unlawful user of controlled substances under Sections 922(g)(3) and 924(a)(2). Each count is dated on or about April 23, 2020, and a forfeiture allegation lists a shotgun and ammunition.
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“Indictment — No. 1:20-cr-00104 (Dkt. 8, W.D.N.Y.).”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/indictment-no-1-20-cr-00104-dkt-8-w-d-n-y-f86dbfeb3e/
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Case 1:20-cr-00104-RJA-MJR Document 8 Filed 07/23/20 Page 1 of 3
IN THE DISTRICT COURT OF THE UNITED STATES
for the Western District of New York
____________________
OCTOBER 2019 GRAND JURY
(Impaneled 10/18/2019)
THE UNITED STATES OF AMERICA INDICTMENT
-vs- Violations:
Title 18, United States Code, Sections
JOSEPH BELLA 922(g)(3) and 924(c)(1)(A)(i);
Title 21, United States Code,
Section 856(a)(1)
(3 Counts and Forfeiture Allegation)
COUNT 1
(Maintaining a Drug-Involved Premises)
The Grand Jury Charges That:
On or about April 23, 2020, in the Western District of New York, the defendant,
JOSEPH BELLA, did knowingly, intentionally, and unlawfully use and maintain a place,
that is, the premises at 224 Summer Street, Buffalo, New York, for the purpose of
manufacturing, distributing, and using marijuana, delt9-tetrahydrocannabinol, cannabinol,
3,4-methylenedioxymethamphetamine (MDMA), and psilocybin, Schedule I controlled
substances; and cocaine and lisdexamfetamine, Schedule II controlled substances.
All in violation of Title 21, United States Code, Section 856(a)(1).
COUNT 2
(Possession of Firearm in Furtherance of Drug Trafficking)
The Grand Jury Further Charges That:
On or about April 23, 2020, in the Western District of New York, the defendant,
JOSEPH BELLA, in furtherance of a drug trafficking crime for which he may be prosecuted
Case 1:20-cr-00104-RJA-MJR Document 8 Filed 07/23/20 Page 2 of 3
in a court of the United States, that is, a violation of Title 21, United States Code, Section
856(a)(1), committed in the manner set forth in Count 1 of this Indictment, the allegations of
which are incorporated herein by reference, did knowingly and unlawfully possess a firearm.
All in violation of Title 18, United States Code, Section 924(c)(1)(A)(i).
COUNT 3
(Possession of Firearm and Ammunition by an
Unlawful User of Controlled Substances)
The Grand Jury Further Charges That:
On or about April 23, 2020, in the Western District of New York, the defendant
JOSEPH BELLA, knowing that he was then an unlawful user of controlled substances as
defined in Title 21, United States Code, Section 802, that is, marijuana, delt9-
tetrahydrocannabinol, cannabinol, 3,4-Methylenedioxymethamphetamine (MDMA), and
psilocybin, Schedule I controlled substances; and cocaine and lisdexamfetamine, Schedule II
controlled substances, unlawfully did knowingly possess, in and affecting commerce, a
firearm and ammunition, namely:
a. One Harrington and Richardson, model Topper 88, 12 gauge shotgun bearing
serial number AU519161;
b. Ten 12-gauge rounds of ammunition labeled “REMINGTON 12 GA” on the
headstamp;
c. 33 9mm Luger caliber rounds of ammunition labeled “Blazer 9mm LUGER” on
the headstamp; and
d. 40 .223 REM caliber rounds of ammunition labeled “Tulammo 223 Rem” on the
headstamp.
All in violation of Title 18, United States Code, Sections 922(g)(3) and 924(a)(2).
2
Case 1:20-cr-00104-RJA-MJR Document 8 Filed 07/23/20 Page 3 of 3
FORFEITURE ALLEGATION
The Grand Jury Alleges That:
Upon conviction of any of the counts of this Indictment, the defendant, JOSEPH
BELLA, shall forfeit all his right, title, and interest to the United States of any firearms and
ammunition involved and used in the commission of the offense, and found in his possession
or under his immediate control at the time of arrest, including, but not limited to:
a. One Harrington and Richardson, model Topper 88, 12 gauge shotgun bearing
serial number AU519161;
b. Ten 12-gauge rounds of ammunition labeled “REMINGTON 12 GA” on the
headstamp;
c. 33 9mm Luger caliber rounds of ammunition labeled “Blazer 9mm LUGER” on
the headstamp; and
d. 40 .223 REM caliber rounds of ammunition labeled “Tulammo 223 Rem” on the
headstamp.
All pursuant to Title 18, United States Code, Sections 924(d) and 3665, and Title
28, United States Code, Section 2461(c).
DATED: Buffalo, New York, July 23, 2020.
JAMES P. KENNEDY, JR.
United States Attorney
BY: S/BRENDAN T. CULLINANE
Assistant United States Attorney
United States Attorney’s Office
Western District of New York
138 Delaware Avenue
Buffalo, New York 14202
716/843-5875
Brendan.Cullinane@usdoj.gov
A TRUE BILL:
S/FOREPERSON
3
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