New Orleans Man Guilty of Violating Federal Gun Control and Federal Controlled Substances Acts

NEW ORLEANS, LOUISIANA - MARCUS THEODORE ("THEODORE"), age 33, a resident of New Orleans, pled guilty on January 10, 2025, before United States District Judge Darrel James Papillion, to violating the Federal Gun Control Act and the Federal Controlled Substances Act, announced U.S. Attorney Duane A. Evans.

According to court records, law enforcement learned that THEODORE was distributing narcotics around the former Calliope Projects. The FBI developed confidential sources who then made a series of controlled purchases of heroin/fentanyl from THEODORE and his drug trafficking associates starting in mid-2022 and continuing through early 2023. As a result, the FBI initiated Title III intercepts of two of THEODORE's phones in February 2023.

During the wires, the FBI confirmed that THEODORE had been distributing anywhere from small user amounts to several ounces of narcotics daily, and sometimes larger quantities, for several months. In conjunction with the wires coming down in March 2023, the FBI obtained several federal search warrants related to THEODORE. On March 15, 2023, FBI agents stopped THEODORE as he was driving. In THEODORE's waistband, agents discovered a Glock Model 19, nine-millimeter semi-automatic handgun, bearing serial number BKZX752, with a round in the chamber. In THEODORE's coat pocket, agents recovered approximately 50.4 grams of a substance, packaged in clear plastic baggies, suspected to be a heroin/fentanyl mixture. During the execution of a search warrants, agents located approximately 165.8 grams of fentanyl, as well as the accoutrement of drug processing.

THEODORE was previously convicted in state court of attempted possession with the intent to distribute heroin, manslaughter and attempted manslaughter, and possession of a firearm by a convicted felon and, as such, was prohibited from possessing a firearm.

THEODORE was charged federally with conspiring to distribute and to possess with the intent to distribute 400 grams or more of fentanyl, possession with the intent to distribute 40 grams or more of fentanyl, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm. Because his prior manslaughter conviction counts as a serious violent felony, THEODORE was also charged with a recidivist enhancement that increased the potential penalty for the drug crimes.

On January 10, 2025, THEODORE pled guilty to possession with intent to distribute 40 grams or more of fentanyl, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm. He also conceded that the recidivist enhancement based on his prior manslaughter conviction applied.

Judge Papillion set sentencing for April 22, 2025. The maximum penalties THEODORE facesare as follows. For possession with intent to distribute 40 grams or more of fentanyl, imprisonment of at least ten years up to life in prison, up to a $8,000,000 fine, and at least eight years of supervised release. For possession of a firearm in furtherance of a drug trafficking crime, a term of he faces imprisonment of at least five years up to life in prison that must run consecutively to any other term of imprisonment, up to a $250,000 fine, and up to five years of supervised release. For being a felon in possession of a firearm, a term of he faces imprisonment of up to fifteen years, up to a $250,000 fine, and up to three years of supervised release. In total, THEODORE faces a mandatory minimum of at least 15 years up to a maximum of life imprisonment. As to each count to which THEODORE pled guilty, he also faces payment of a $100 mandatory special assessment fee.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

The case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney David Haller, Senior Litigation Counsel and PSN Coordinator.