United States District Court, D. Nebraska
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Smith Camp Senior United States District Judge
matter is before the Court for Findings of Fact and
Conclusions of Law pursuant to Federal Rule of Criminal
Procedure 23(c), following a nonjury trial held on December
11, 2019. At trial, the United States was represented by Matt
E. Lierman. The Defendant, Alex Kellum, was represented by
Superseding Indictment charges Kellum with three counts of
violating 21 U.S.C. §§ 841(a)(1), (b)(1). It
alleges that on or about September 6, 2017; December 20,
2017; and April 27, 2018, in the District of Nebraska,
Defendant Alex Kellum did knowingly and intentionally
distribute 28 grams or more of a mixture or substance
containing a detectable amount of cocaine base
(i.e., “crack cocaine”), a Schedule II
controlled substance. Each count alleges that, before Kellum
committed the offense, he had a final conviction for a
serious drug felony, namely, a conviction under 21 U.S.C.
§§ 841(a)(1) & (b)(1), for which he served more
than 12 months of imprisonment and for which he was released
from imprisonment related to that offense within 15 years of
the commencement of the current offense. Kellum pleaded not
guilty to the charges.
Court makes the following findings of fact. Any finding of
fact that is more properly considered a conclusion of law
should be deemed as such. Unless otherwise indicated, all
findings of fact relate to the time relevant to the facts
alleged in the Superseding Indictment.
parties entered into the following stipulations which are
deemed proven and uncontroverted. Gov't Exs. 20-21.
connection with this case, suspected controlled substances
were sent to the Douglas County Sheriff's Office
Laboratory and Nebraska Public Service Laboratory so that the
substances could be weighed and tested to determine their
Forensic chemists at the laboratory weighed and analyzed the
substances sent to them in this case. The tests and analyses
they performed are generally accepted within the field of
Based on the laboratory testing, the parties agree as
a. Exhibit 1 contains 27.7 grams and 27.9 grams of cocaine
base (crack cocaine)
b. Exhibit 2 contains 55.3 grams of cocaine base (crack
c. Exhibit 3 contains 54.423 grams of cocaine base (crack
Kellum was previously convicted of Possession with Intent to
Distribute more than 5 grams but less than 50 grams of crack
cocaine in the District of Nebraska.
Kellum was arrested on or about January 17, 2003, and
sentenced on or about August 27, 2003, for the offense
described in paragraph 4.
Kellum was sentenced to a term of imprisonment of 70 months
incarceration on or about August 27, 2003, for the offense
described in paragraph 4.
Kellum served a term of imprisonment of more than 12 months
for the offense described in paragraph 4, specifically,
Kellum's sentence was imposed on or about August 27,
2003; he was committed to the Bureau of Prisons-FCI
Greenville on or about October 9, 2003; and released on or
about December 4, 2007.
Testimony and Evidence
James Patrick Paul is a retired police officer and detective
from the Omaha Police Department.
Detective Paul was cross-deputized as a federal task force
officer with the Greater Omaha Safe Streets Task Force (Task
Force) of the Federal Bureau of Investigation (FBI).
the Spring of 2017, in his role with the Task Force,
Detective Paul used a cooperating source to make controlled
purchases of crack cocaine from Theodore Relford.
August 2017, Detective Paul interviewed Relford. In this
interview, Relford gave Detective Paul information regarding
two individuals allegedly involved in narcotics distribution.
These individuals were Defendant Alex Kellum, known by the
alias “A.D., ” and Thomas Lewis, known by the
alias “Cable Man.”
Relford agreed to work initially as a confidential informant
and later as a cooperating source for Detective Paul in order
to obtain beneficial treatment regarding potential narcotics
charges arising from the controlled purchases.
a confidential informant and cooperating source, Relford
agreed to make ...