BUFFALO, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a nine-count superseding indictment charging Nino Buggs, a/k/a Rico, 23, of Buffalo, NY, with distributing butyryl fentanyl, U-47700, fentanyl, possession and distribution of heroin, possession with intent to distribute cocaine, and maintaining a drug-involved premises. Two of the counts specifically allege that the defendant distributed controlled substances which resulted in the death of another. These counts each carry a mandatory minimum penalty of 20 years in prison, a maximum of life, and a $20,000,000 fine.
Assistant U.S. Attorneys Charles J. Volkert, Jr. and Justin G. Bish, who are handling the case, stated that according to the superseding indictment, the defendant is accused of distributing butyryl fentanyl, U-47700, and fentanyl on March 21, 2017, which resulted in the death of an individual identified as M.B. In addition, Buggs is also accused of distributing heroin on August 21, 2017, which resulted in the death of an individual identified as H.W. The indictment alleges that defendant distributed butyryl fentanyl, U-47700, fentanyl, and heroin in the Western New York area on a regular basis in 2017 and that on four occasions he sold drugs to individuals working with the Drug Enforcement Administration and the New York State Police.
On August 24, 2017, the New York State Police and Buffalo Police Department executed a search warrant at the defendant’s apartment on Roesch Avenue in Buffalo. During the search, officers recovered nearly 40 grams of heroin, over 100 grams of cocaine, and several items of drug paraphernalia, including packaging, scales, multiple cell phones, and over $26,000 cash.
The defendant was arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on conditions. A detention hearing is scheduled for November 12, 2019, before U.S. Magistrate Judge Jeremiah J. McCarthy.
The superseding indictment is result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan; the New York State Police, under the direction of Major Edward Kennedy; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Tonawanda Police Department, under the direction of Chief James P. Stauffiger; and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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