FILED

Case 6:17-cr-00026-LSC-SGC Document 1 Filed 01/25/17 Page 1 of 6

2017 Jan-30 AM 10:23
U.S. DISTRICT COURT
N.D. OF ALABAMA

ROP/ADS: Feb. 2017
GJ #23

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
JASPER DIVISION
UNITED STATES OF AMERICA
v.
KENNETH J. GUYTON
also known as
“Kenny Guyton,” and
JOEL T. TUCKER

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Case No.:

INDICTMENT
COUNT ONE: [21 U.S.C. §§ 846, 841(a)(1) and (b)(1)(B)]
The Grand Jury charges that:
Beginning in or about January, 2016, and continuing to on or about the 18th
day of February, 2016, more exact dates being unknown to the Grand Jury, in
Fayette County, within the Northern District of Alabama, and elsewhere, the
defendants,
KENNETH J. GUYTON,
also known as
“Kenny Guyton,” and
JOEL T. TUCKER,
did knowingly, intentionally, and unlawfully conspire and agree with others both
known and unknown to the Grand Jury to knowingly, intentionally, and unlawfully

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possess with the intent to distribute and to distribute 5 grams or more of
methamphetamine, a controlled substance, in violation of Title 21, United States
Code, Sections 841(a)(1) and (b)(1)(B), all in violation of Title 21, United States
Code, Section 846.

COUNT TWO: [21 U.S.C. §§ 841(a)(1) and (b)(1)(C), 18 U.S.C. § 2]
The Grand Jury charges that:
On or about the 6th day of January, 2016, in Fayette County, within the
Northern District of Alabama, the defendants,
KENNETH J. GUYTON,
also known as
“Kenny Guyton,” and
JOEL T. TUCKER,
aided and abetted by each other, did knowingly, intentionally, and unlawfully
distribute 5 grams or more of methamphetamine, a controlled substance, in
violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(B) and
Title 18, United States Code, Section 2.

COUNT THREE: [18 U.S.C. § 922(g)(1)]
The Grand Jury charges that:
On or about the 6th day of January, 2016, in Fayette County, within the
Northern District of Alabama, the defendant,
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KENNETH J. GUYTON,
also known as
“Kenny Guyton,”
after having been convicted on September 19, 1991, in the Circuit Court,
Fourteenth Judicial Circuit, in and for Bay County, Florida, of the offense of
Armed Robbery, First Degree, in case number 89-1376, and after having been
convicted on June 27, 2001, in the Circuit Court, Fourteenth Judicial Circuit, in
and for Bay County, Florida, of the offenses of Driver’s License Fraud and Forgery
in case number 99-2609 and of Aggravated Assault and Resisting an Officer with
Violence in case number 01-82, each of the said offenses being a crime punishable
by a term of imprisonment exceeding one year, did knowingly possess in and
affecting commerce a firearm, that is, a Revelation 12 gauge shotgun, in violation
of Title 18, United States Code, Section 922(g)(1).

COUNT FOUR: [18 U.S.C. § 924(c)(1)(A)]
The Grand Jury charges that:
On or about the 6th day of January, 2016, in Fayette County, within the
Northern District of Alabama, the defendants,
KENNETH J. GUYTON,
also known as
“Kenny Guyton,” and
JOEL T. TUCKER,

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did knowingly use and carry a firearm, that is, Revelation 12 gauge shotgun,
during and in relation to a drug trafficking crime for which each defendant may be
prosecuted in a court of the United States, that is, the drug trafficking offense
alleged in Count One of this Indictment, in violation of Title 18, United States
Code, Section 924(c)(1)(A).

NOTICE OF FORFEITURE: [21 U.S.C. § 853]
The allegations contained in Count One of this Indictment are hereby
realleged and incorporated by reference for the purpose of alleging forfeitures
pursuant to 21 U.S.C. § 853.
From their engagement in the violations alleged in Count One of this
Indictment, punishable by imprisonment for more than one year, the
defendants,
KENNETH J. GUYTON,
also known as
“Kenny Guyton,” and
JOEL T. TUCKER,
shall each forfeit to the United States of America, pursuant to 21 U.S.C. §§
853(a)(1) and (2), all of his right, title and interest in:

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a.

property constituting and derived from any proceeds the
defendant obtained, directly or indirectly, as a result of such
violation(s); and,

b.

property used and intended to be used in any manner or part
to commit or to facilitate the commission of such
violation(s).

If any of the property described above as being subject to forfeiture, as a
result of any act or omission of any defendant:
a.

cannot be located upon the exercise of due diligence;

b.

has been transferred, sold to, or deposited with a third person;

c.

has been placed beyond the jurisdiction of the Court;

d.

has been substantially diminished in value; or,

e.

has been commingled with other property which cannot be
subdivided without difficulty;

the United States shall be entitled to forfeiture of substitute property under the
provisions of Title 21, United States Code, Section 853(p), up to the value of

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the forfeitable property.
A TRUE BILL
/s/ Electronic Signature
FOREPERSON OF THE GRAND JURY

ROBERT O. POSEY
Acting United States Attorney

/s/ Electronic Signature
AUSTIN D. SHUTT
Assistant United States Attorney

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