Lancaster Man Pleads Guilty To Selling Heroin And Fentanyl That Led To A Death

CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Joshua Levine, 23, of Lancaster, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiracy to distribute heroin and fentanyl. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine. 

Assistant U.S. Attorneys Joseph M. Tripi and Charles J. Volkert, Jr., who are handling the case, stated that between June 2013 and March 23, 2017, the defendant conspired with Robert Moore and others to distribute heroin in the City of Buffalo and surrounding suburbs. Levine was a user of the heroin and fentanyl he obtained from Moore, but during the course of the conspiracy, he also re-distributed some of the drugs to other users for profit.

On February 18, 2017, Levine received a quantity of heroin and fentanyl from Moore, which Levine, in turn, distributed to an individual identified as B.G., who thereafter died as the result of an overdose.
During the course of the investigation, law enforcement officers from the Amherst, Lancaster, and Buffalo Police Departments, and the New York State Police and DEA, conducted 11 controlled purchases of fentanyl and butyryl fentanyl from co-defendant Robert Moore. Additionally, on February 23, 2017, law enforcement officers with the Amherst Police Department conducted a controlled purchase of fentanyl from Joshua Levine. On March 16, 2017, law enforcement officers conducted search warrants at Robert Moore’s residence on Glenwood Drive in Williamsville, NY, and also at Joshua Levine’s residence on Aurora Street in Lancaster, NY. A quantity of fentanyl with identical drug packaging was discovered at each of those residences. Both Robert Moore and Joshua Levine were arrested the day of the search warrants. 

Robert Moore was previously convicted and is awaiting sentencing. Two other co-defendant, Reese Moore and Kevin Abernathy, were also previously convicted and are also awaiting sentencing.

The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Ray Donovan, Special Agent-in-Charge, New York Field Division; the Amherst Police Department, under the direction of Chief John C. Askey; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major Mary Clark, and Lieutenant Kevin Reyes; the Lancaster Police Department, under the direction of Chief William J. Karn, Jr.; the Buffalo Police Department Narcotics Squad, under the direction of Commissioner Byron C. Lockwood; the Lockport Police Department, under the direction of Interim Police Chief Steve Preisch; the Depew Police Department, under the direction of Chief Jerome Miller; the Niagara County Sherriff’s Office and the Niagara County Drug Task Force, under the direction of Sheriff James Voutour; the Erie County Sherriff’s Office, under the direction of Sheriff Timothy Howard; and Homeland Security Investigations, under the direction of Special Agent-in Charge Kevin Kelly.

Sentencing is scheduled for February 14, 2020, before Judge Vilardo.

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