Federal Grand Jury Indicts Man for Gun and Drug Offenses

NEW ORLEANS, LOUISIANA – On Friday, May 19, 2023, MARCUS THEODORE, age 31, a resident of New Orleans, Louisiana, was charged in a four-count indictment by a federal grand jury for violations of the Federal Gun Control and Controlled Substances Acts, announced U.S. Attorney Duane A. Evans.

THEODORE is charged in Count 1 with conspiring to distribute and to possess with the intent to distribute four hundred grams or more of a substance containing a detectable amount of fentanyl, in violation of Title 21, United States Code, Sections 841(a)(1), (b)(1)(A), and 846.  THEODORE is charged in Count 2 with possession with the intent to distribute forty grams or more of a substance containing a detectable amount of fentanyl, in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(B).  In Count 3, THEODORE is charged with possession of a firearm in furtherance of a drug trafficking crime, in violation of Title 18, United States Code, Section 924(c)(1)(A).  In Count 4, THEODORE is charged with possession of a firearm by a convicted felon, in violation of Title 18, United States Code, Section 922(g)(1).  The indictment also alleges that THEODORE has a prior serious violent felony conviction, for manslaughter, that increases his potential punishment on the drug charges.

If convicted of Count 1, THEODORE faces a mandatory minimum penalty of fifteen years up to a maximum sentence of life imprisonment, up to a $20,000,000 fine, and at least 10 years of supervised release.  If convicted of Count 2, THEODORE faces a mandatory minimum penalty of ten years up to a maximum sentence of life imprisonment, up to a $8,000,000 fine, and  at least 8 years of supervised release.  If convicted of Count 3, THEODORE faces a mandatory minimum sentence of 5 years up to life imprisonment, which is to run consecutively to all other sentences, up to a $250,000 fine, and up to 5 years of supervised release.  If convicted of Count 4, THEODORE faces a maximum term of imprisonment of 15 years, up to a $250,000 fine, and up to 3 years of supervised release.  As to each count, THEODORE also faces payment of a mandatory special assessment fee of $100. 

U. S. Attorney Evans reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt. 

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone.  On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

The case was investigated by the Federal Bureau of Investigation.  It is being prosecuted by Assistant United States Attorney David Haller of the Violent Crime Unit .