Kilby

BACKGROUND

Prior to 2002, Kilby and Eric Lucker (“Lucker”) worked together to sell Ecstasy. In 2002, Kilby was convicted of drug trafficking in Washington, and was sentenced to two years in prison, which he began serving in October 2002. Kilby and Lucker started to work together again in the summer of 2002, before Kilby started his prison term. Kilby introduced Lucker to several other people, as part of a plan to manufacture and sell Ecstasy and Foxy. When Kilby went to prison, Lucker agreed to sell drugs for Kilby and send him payments while he was in jail. Lucker did in fact make several payments to Kilby during 2003, which totaled over $1000.

While in prison, Kilby became friends with John Anthony (“Anthony”), another convicted drug trafficker. Shortly before Anthony’s release in May 2003, Kilby propositioned Anthony about resuming his drug trade in concert with Kilby’s asso- ciates. Specifically, Kilby told Anthony to contact Lucker, who would sell Ecstasy to Anthony to get him started again in the business. Anthony played along with Kilby, but had no intention of going back into the drug trade.

After being released from prison, Anthony contacted Drug Enforcement…