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Hutchison changes plea on federal indictment

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By Becky Barnes

 

Richard Lee Hutchison, the Harrison County man who faced a federal indictment on drug charges, entered a guilty plea last week in U.S. District Court in Lexington.

The plea agreement was entered on  June 18 by Judge Joseph Hood.

According to court documents, Hutchison entered a guilty plea to a charge of conspiracy to distribute a quantity of pills containing Oxycodone, a Schedule II controlled substance. The second count of distributing Oxycodone was dismissed as part of the plea agreement.

Hutchison admitted the following facts as part of the agreement:

“Beginning in March 2012 and continuing through Feb. 11, 2013, Richard Lee Hutchison and others conspired to distribute 30 milligram Oxycodone pills in and around Harrison County, Ky. The investigation revealed that Hutchison acquired pills from an out-of-state source of supply and that he and others distributed the pills in and around Harrison County. 

“During the course of the investigation, law enforcement, using confidential informants, made purchases of 30 milligram Oxycodone pills from Hutchison and persons he supplied.

“During one transaction on Nov. 16, 2012, Hutchison’s nephew, Travis Martin, was present and participated with Hutchison in the transaction.

On Feb. 11, 2013, Hutchison sold a confidential informant, working at the direction of the Federal Bureau of Investigation (FBI) and the Kentucky State Police (KSP), 50 pills. Those pills were later confirmed by the KSP laboratory to contained Oxycodone, a Schedule II controlled substance.

“The Oxycodone pills sold by Hutchison were 30 milligram strength.”

Hutchison was arrested shortly after the transaction with the information in Harrison County.

Documents state that Hutchison admitted to selling Oxycodone to the informant. He said the pills that he sold were known as Perc 30s and that he conspired with others to obtain the pills.

“Specifically, Hutchison told law enforcement that he paid his brother, Oscar, for Oxycodone pills that Oscar obtained via a prescription from Florida. Hutchison also admitted to obtaining Oxycodone pills from other individuals in the central Kentucky area, including Ashley Burgess and Jeff Saylor. Hutchison would then distribute the Oxycodone pills he obtained.”

Hutchison acknowledged to the court that he was responsible for conspiring to distribute 679 Oxycodone, 30 milligram pills, which results in a marijuana equivalency of 136.47 kilograms.

The statutory punishment for Count 1 is not more than 20 years in prison, a fine of not more than $1 million, and supervised release of no less than three years.

The recommendation, according to the plea agreement, but which is not binding until formal sentencing on Sept. 16, Hutchison’s base offense range is 26 because of the marijuana equivalency is at least 100 kilograms and less than 400 kilograms.

Unless Hutchison commits another crime, obstructs justice or violates a court order, the offense level will be decreased by two levels for his acceptance of responsibility. If the offense level determined prior to this two-level decrease is 16 or greater, a motion will be made to decrease the level by an additional level based on Hutchison’s timely notice of intent to enter a guilty plea.

Also as part of the agreement, Hutchison acknowledges that the United  States may seek to forfeit certain real and personal property associated with proceeds of the drug conspiracy in a separate civil proceeding.

Hutchison also agrees to cooperate fully with the U.S. Attorney’s office and will make a complete financial disclosure. 

Along with that, he agrees to disclose all assets in which he has any interest or over with he exercises control, directly or indirectly, including anything held by a spouse, nominee or third party, and disclose any transfer of assets that has taken place in the last three years.

Additionally, Hutchison is not to transfer or dispose of any monies, property or assets without written approval from the U.S. Attorney’s office.

If Hutchison is incarcerated in connection with this case, he will have to participate in the Bureau of Prisons’ Inmate Financial Responsibility Program.

If he fails to comply with any of the stipulations of the plea agreement, it will void the agreement.

The public document released by the U.S. Attorney’s office as well as a sealed supplement contain the complete plea agreement.

 Hutchison’s formal sentencing will be held at the U.S. District Court at 1:30 p.m. on Sept. 16.