LITTLE ROCK -- One of two twin brothers who pleaded guilty to involvement in a fentanyl distribution ring based in Little Rock was sentenced to time served and ordered to serve one year on supervised release.
Mathew Papez Zuerlein, 31, of Little Rock was indicted in 2019 along with Clifton Williams and 21 others -- including his twin brother Andrew Zuerlein -- on charges related to a fentanyl trafficking conspiracy headed by Williams. In October 2019, Zuerlein was indicted on one count of conspiracy to distribute fentanyl. He pleaded guilty last November to a reduced count of using a telephone in furtherance of a drug trafficking crime -- for which he faced a possible maximum sentence four years in prison -- and was allowed to remain on pretrial release pending sentencing.
His bond was revoked last March after a revocation petition indicated Zuerlein had tested positive seven times for illicit drug use -- including two positive fentanyl screens -- then overdosed on fentanyl at a Little Rock hotel on Feb. 14.
Both brothers had been up for sentencing last July, but after both tested positive for marijuana use prior to that hearing U.S. District Judge Kristine G. Baker postponed the hearings while allowing both brothers to remain free on bond.
On Friday, nearly two dozen family members and supporters crowded into the courtroom for the hearing, including Zuerlein's parents, his wife and co-defendant Kate Vanvalkenburg, and his twin brother Andrew.
Court records indicated that Andrew Zuerlein pleaded guilty last November to one count of conspiracy to distribute fentanyl and is scheduled to be sentenced on May 31. Vanvalkenburg pleaded guilty last July to one count of use of a telephone in facilitating a conspiracy to distribute fentanyl, which carries a maximum four-year prison sentence. She has not been scheduled for sentencing yet, according to court records.
Escorted into the courtroom by federal marshals, Zuerlein shook hands with his attorney, Blake Hendrix of Little Rock and smiled at family members in the courtroom.
Baker, in outlining the sentencing options, said that the recommended guideline sentence ranged from six months to a year in prison to be followed by one year of supervised release. Baker noted that she could also sentence Zuerlein to a maximum term of five years on probation in place of incarceration.
Hendrix said that two months spent in custody had provided Zuerlein with time needed to clear any drugs from his system and to begin making strides toward breaking his addiction.
"The two months he's been in now have been extremely useful," Hendrix said. "It tells me now his system is clean, the toxins are out so his body is not craving the drugs."
Hendrix asked Baker to consider either a sentence of time served with supervised release or probation with supervision accompanied by chemical free residential treatment, which he said would enable Zuerlein to work and to have time with his wife and child.
"Two months in it's body clean," Hendrix said. "Now it's healthy habits, avoiding triggers and I hope Your Honor will consider my two suggestions as a way to achieve those ends."
Assistant U.S. Attorney Benecia Moore raised no objection to Hendrix's suggestions.
"In trying to fashion a sentence that would be fair for his role in the conspiracy, we worked with Mr. Hendrix to work out this fairly lenient plea agreement with the intention, we believe, that he will not be incarcerated," Moore said. "Probation, quite frankly, is what we anticipated."
"In large part," Baker began in reference to Zuerlein's missteps including a near-fatal fentanyl overdose, "you are here because we took you into custody ... Using fentanyl, I've seen it and I've dealt with it with people who have died. It's not a place to be and it's not a substance to mess with."
Baker agreed with Hendrix that a period of residential treatment would be beneficial, sentencing Zuerlein to time served and one year of supervised release, during which she ordered him to participate in residential drug treatment followed by chem-free living. She urged him to complete his treatment and to put the incident behind him.
"I hope I don't ever see you here again but in terms of any shame, embarrassment or humiliation, there's a healthy dose of it that comes with this process," Baker said. "That's why it's a public process. Wipe the slate clean and tomorrow's a new day. You've apologized to the people you need to apologize to. Apology accepted on everybody's behalf. Move forward."