USA v. Busbee et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
UNITED STATES OF AMERICA,
Plaintiff, 	Case No. 3:23-cr-116-3
vs.
DAMARION GALLOWAY, 	District Judge Michael J. Newman
Defendant.
______________________________________________________________________________
ORDER: (1) GRANTING THE GOVERNMENT’S UNOPPOSED MOTION TO STRIKE
ALLEGATIONS IN THE SUPERSEDING INDICTMENT AS TO DEFENDANT
DAMARION GALLOWAY ONLY (Doc. No. 178); AND (2) STRIKING THE
ALLEGATIONS CONCERNING DEATH AND SERIOUS BODILY INJURY FROM
COUNT 1 OF THE AMENDED SUPERSEDING INDICTMENT AS TO DEFENDANT
GALLOWAY ONLY (Doc. No. 170)
______________________________________________________________________________
This criminal case is before the Court upon the Government’s unopposed motion to strike
allegations in the superseding indictment as to Defendant Damarion1 Galloway. 	Doc. No. 178.
For good cause shown, and absent opposition by Defendant Galloway, the Court GRANTS the
Government’s motion and STRIKES the allegations concerning death and serious bodily injury
from Count 1 of the amended superseding indictment as to Defendant Galloway only. See Doc.
No. 170 at PageID 1384; Doc. No. 178 at PageID 1416.
The amended superseding indictment shall now read as to Defendant Galloway only:
Beginning on an exact date unknown but at least by in and around September 2022
and continuing through on or about January 11, 2024, in the Southern District of
Ohio, defendant D[A]MARION GALLOWAY aka “Duke,” and others did
knowingly and intentionally conspire to knowingly and intentionally possess with
intent to distribute and to distribute a mixture and substance containing a detectable
amount of cocaine, methamphetamine, and fentanyl (also known as N-phenyl-N-
1 Defendant’s first name is spelled both “Damarion” and “Demarion” in the case record.
Case: 3:23-cr-00116-MJN Doc #: 186 Filed: 12/23/25 Page: 1 of 2 PAGEID #: <pageID>

2
[1- 	(2-phenylethyl)-4-piperidinyl] 	propenamide), 	all 	Schedule 	II 	controlled
substances, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C).
All in violation of 21 U.S.C. § 846.
Doc. No. 178 at PageID 1416.
IT IS SO ORDERED.
December 23, 2025 	s/Michael J. Newman
Hon. Michael J. Newman
United States District Judge
Case: 3:23-cr-00116-MJN Doc #: 186 Filed: 12/23/25 Page: 2 of 2 PAGEID #: <pageID>