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SAN JOSE – Marlon Lee Davis was sentenced to 84 months in prison for his role in a conspiracy to possess with the intent to distribute methamphetamine announced Acting United States Attorney Alex G. Tse and Drug Enforcement Administration (DEA) Assistant Special Agent in Charge Christopher D. Nielsen. The sentence was handed down yesterday afternoon by the Honorable Beth Labson Freeman, U.S. District Judge, following the entry of Davis’s guilty plea on April 11, 2017.
According to his plea agreement, Davis, 56, of San Jose, admitted that in August and September of 2016, he knowingly conspired to possess and distribute methamphetamine with codefendant Yara Banderas Martinez. Davis admitted he let Banderas Martinez use his San Jose apartment to store the drugs that they intended to distribute. Also, on August 30, 2016, Davis accompanied Banderas Martinez to a one kilogram methamphetamine transaction. Davis admitted that he delivered the drugs to Banderas Martinez and her buyer while they were in the buyer’s car.
On September 14, 2016, law enforcement agents searched Davis’s apartment where they found 388.9 grams of methamphetamine. Davis admitted that he gave permission to store the drugs in his apartment as part of the drug distribution activity.
On April 10, 2017, Davis was charged in a superseding information with one count of conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. § 846, Pursuant to his guilty plea, Davis pleaded guilty to the charge.
In addition to the prison term, Judge Freeman ordered Davis to serve a five-year period of supervised release. Davis is currently in custody and will begin serving his sentence immediately. After pleading guilty to her role in the conspiracy, Banderas Martinez fled in February 2018 and became a fugitive.
Special Assistant U.S. Attorney Christopher Vieira is prosecuting the case with the assistance of Susan Kreider. The prosecution is the result of an investigation by the DEA.