CHEYENNE — Just as U.S. Federal Court Judge Kelly Rankin was about to sentence Marlon Forrest for running a massive cocaine network in Teton County, Wyoming, Assistant U.S. Attorney Z. Seth Griswold issued an objection.
Griswold had discovered a detail in the law showing that Forrest was not actually eligible for the "safety valve" provision of federal sentencing statutes. That provision requires a district court to ignore any statutory mandatory minimum and instead follow more lenient guidelines if a defendant is convicted of certain nonviolent drug crimes and can meet certain criteria.
Turns out that since Forrest, a Jamaican man who lived in Jackson for years before moving last winter to North Carolina, had directed and managed other cocaine operatives in Teton County, he would not be eligible for a lighter sentence.
The objection was critical as Rankin agreed with Griswold, increasing Forrest’s final sentence by a few more years than the original range outlined in his plea agreement. Rankin didn’t say exactly how long he was going to sentence Forrest for previously.
He ended up sentencing Forrest to 80 months, or 6 ⅔ years in prison, with an additional three years of supervised release for conspiracy to distribute cocaine.
What Did He Do?
Forrest pleaded guilty to selling what he said was around 10 kilograms of cocaine from 2019 through 2023 in Jackson, netting a $40,000 to $50,000 profit from each kilo, Griswold said Forrest told investigators.
Investigators found that Forrest had at least three people working for him in his cocaine ring. He received his illegal drugs from far away locales like California, Arizona and Florida.
“He was one of the primary distributors in Teton County by the end of his reign,” Griswold said.
One confidential informant reportedly revealed a plan to buy cocaine from Forrest’s courier in December 2023.
Forrest directed the informant to meet his courier in the Smith’s grocery store parking lot in Jackson.
The plan was for the courier to get $500, while the customer would wire Forrest $8,000 in exchange for about 0.6 pounds of cocaine, the affidavit said, adding that the exchange took place as planned.
The informant then introduced Forrest to a Wyoming Division of Criminal Investigations agent, who was posing as a customer, the next day.
The affidavit listed two more exchanges between the DCI agent and Forrest’s courier, one of which for 1 pound of coke.
After Forrest moved to North Carolina, he continued selling cocaine in Teton County through another personstill living there.
Rankin said it’s unlikely Forrest will be able to get U.S. citizenship after he’s released from prison. He also pointed out that Forrest is not the typical criminal defendant, possessing a bachelor’s degree in computer science and no prior criminal history or addiction to the drug he was selling, calling him a “mixed bag.”
“You have some ability and potential, which makes it all the more mind boggling how you got in this situation,” Rankin said.
Wouldn’t Testify
An original plea agreement between Forrest and the U.S. government fell apart when Forrest refused to testify against one of his former cocaine conspirators Oneil Findley, who was convicted by a jury last month for the attempted possession with intent to distribute cocaine, use of a communication facility to facilitate a drug offense and drug conspiracy.
It was Findley who investigators believe Forrest left a half-kilo of coke with to sell on his behalf when he moved to North Carolina.
Postal inspectors intercepted a package with more than a pound of cocaine inside that was shipped to Findley’s P.O. Box under a fictitious name. Griswold said on Thursday it’s believed this coke was sent by Forrest.
Although Forrest had spoken with prosecutors multiple times about Findley before the trial, he backed out of testifying against his friend the night before the first day of the trial after previously saying he would, Griswold said.
Forrest’s attorney Tom Fleener said if his client hadn’t backed out, he likely would’ve received a sentence of 24 months or less.
Griswold argued that Forrest’s lack of cooperation nearly prevented Findley’s conviction because it took the jury in that case three hours to find him guilty. He believed that this should serve as grounds for increasing Forrest’s sentence to 97 months.
“It’s akin to obstruction and shows a complete lack of personal responsibility,” Griswold said.
Rankin, who also presided over Findley’s case, didn’t agree, pointing out the fact prosecutors still got a guilty conviction against Findley and used Forrest’s testimony before a grand jury to obtain Findley’s indictment.
Expresses Remorse
Forrest, dressed in a blue sweatshirt and orange prison pants, expressed remorse for his actions before getting sentenced on Thursday.
“I want to apologize to the Teton community for what I did to the community and committing crime,” Forrest said in his Jamaican accent.
Rankin said Forrest worked a legitimate job while selling cocaine on the side.
“You must have been a very, very busy man,” Rankin said.
Fleener said Forrest intends to appeal his case.
Leo Wolfson can be reached at leo@cowboystatedaily.com.
