Martin C. Carlson, United States Attorney for the Middle District of Pennsylvania, announced today that the United States Court of Appeals for the Third Circuit has issued an opinion affirming the conviction and sentence of Malik Abdunafi, age 37. Abdunafi is currently serving a 20-year sentence for his involvement in drug trafficking in the Scranton, Pennsylvania area. Abdunafi is formerly of Elizabeth, New Jersey, and lived on South Hyde Park, Scranton, Pennsylvania in early 2005. In November 2006, a federal jury deliberated two hours before finding Abdunafi guilty on all count of an indictment which charged him with the following crimes: Count 1 - conspiring to distribute more than 50 grams of crack cocaine, more than 500 grams of cocaine, and additional quantities of heroin and marijuana; Count 2 - distribution of cocaine and crack cocaine; Count 3 - distribution of heroin; and Count 4 - the possession with intent to distribute more than 500 grams of cocaine, more than 5 grams of crack cocaine, and additional quantities of heroin and marijuana. In addition, the jury returned a special verdict finding that Abdunafi must forfeit $100,000 in drug proceeds to the United States.

United States Attorney Carlson noted that on July 19, 2005, Detectives of the Lackawanna County District Attorney's Office arrested Abdunafi after finding $75,000 worth of his drugs hidden above a ceiling tile at a residence on Kennedy Street, Scranton, Pennsylvania, and connecting Abdunafi to those drugs. The seizure consisted of nearly one and a half pounds of cocaine, 5 grams of crack cocaine, and 625 bags of heroin. Later that night, Abdunafi escaped while entering the Lackawanna County Prison and was a fugitive for approximately 90 minutes. After an intensive search, a Scranton police officer arrested him hiding near a car a mile from the prison.

In addition to the above evidence which was presented at trial, the jury heard from over a dozen customers of Abdunafi who testified about obtaining drugs from him. Many also described the debilitating effect drug addiction had on their lives and the lives of their families.

On August 31, 2007, United States District Court Judge James M. Munley sentenced Abdunafi to 20-years of imprisonment for his crimes.

Abdunafi appealed his conviction and sentence arguing that there was insufficient evidence to prove that he conspired with anyone else to distribute crack cocaine or that he possessed the drugs that were found above the ceiling tile. He also claimed that Judge Munley erred in finding that he obstructed justice within the meaning of the sentencing guidelines when he escaped from custody at the sally port of the Lackawanna County Jail, eluding police for 90 minutes.

In affirming the conviction and sentence, the Court of Appeals rejected Abdunafi’s arguments. The appeals court found that there was more than sufficient evidence for a jury to return its guilty verdict on all counts. Moreover the court dismissed Abdunafi’s argument against the sentence enhancement for his escaping from custody. Since Abdunafi had been taken into custody five hours before, and was within the confines of the jail, the Court of Appeals stated, “Abdunafi’s willful attempt to escape from that custody in order to obstruct justice warranted his two point enhancement.”

Abdunafi is presently serving his sentence at the Federal Correction Institution at Allenwood, Pennsylvania. United States Attorney Carlson noted that parole has been abolished, and Abdunafi will be required to serve at least 85% of his 240-month sentence, assuming he receives full time off for good behavior while incarcerated.

The trial and appeal were handled by Assistant United States Attorney John Gurganus. This case was investigated by the Federal Bureau of Investigation and the Lackawanna County District Attorney’s Office.

 

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