Man's pot-test results delay sentencing

Accused pleaded guilty to meth distribution last fall, faces up to 40-year term

A man facing as much as 40 years in prison for distribution of methamphetamine was ordered held after testing positive for marijuana use before a sentencing hearing Wednesday.

Kenneth Turner was indicted in March 2019 on two counts of distribution of methamphetamine after two controlled drug buys by a confidential informant working with federal authorities. In November, Turner pleaded guilty before U.S. District Judge James M. Moody Jr. to one count in exchange for the government's agreement to dismiss the second count.

The drug buys, listed in a criminal complaint filed by a Drug Enforcement Administration task force officer, took place in Marion at the Greens Apartment complex on Oct. 18, 2018, and Nov. 6, 2018. In the first buy, the complaint said, a confidential informant purchased 1 ounce of methamphetamine from Turner for $600 and in the second buy, the same confidential informant purchased 4 ounces of methamphetamine for $2,400.

Both purchases were recorded on audio/visual equipment, the complaint said.

About 20 minutes after the scheduled start of the hearing, Turner was escorted into the courtroom by a pretrial services officer and took his seat next to his attorney, Will Shelton of the Federal Public Defenders Office. For several moments, Turner and Shelton spoke quietly before the judge began the hearing.

"I have been provided with an email from the probation office that a drug screen tested presumptively positive for marijuana from Mr. Turner," Moody said. "The email goes on to state that he admitted to this use, also a urine deception device was seized during the drug test that Mr. Turner was using to try to, I guess, game the system. I'm having trouble coming up with a better way to say that."

"He does admit to using marijuana," Shelton told Moody. "He told me that his use was two days ago, and he said he also was in possession of the device you mentioned."

"Then I'm going to remand Mr. Turner until he tests [negative], and we'll reset his sentencing for a time when he is clear," Moody responded.

Shelton asked Moody to consider moving forward with the sentencing hearing, saying Turner told him his use was two days previous and that he was not impaired at the time of the hearing.

"Speaking with him, he does appear to be clear-headed," Shelton said.

"I'm not going to do that," Moody responded. "It's my practice that if they show up positive I don't take the chance, especially in light of Mr. Turner's letter about his perceived issues with counsel and whatnot, so I'm going to be a little more careful with this case."

Moody did not elaborate on the letter or what issues Turner may have raised regarding his legal representation.

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