Detroit Man Sentenced to Prison for Fentanyl Crime

BECKLEY, W.Va. - Daviontae Lately, also known as "Dave," 32, of Detroit, Michigan, was sentenced today to three years and four months in prison, to be followed by three years of supervised release, for distribution of fentanyl.

According to court documents and statements made in court, on September 7, 2023, Lately sold a quantity of fentanyl to a confidential informant at a Beckley residence where Lately was staying. As part of his guilty plea, Lately admitted to the transaction. Lately further admitted to selling a quantity of fentanyl to the same confidential informant on September 8, 2023.

On September 12, 2023, law enforcement officers executed a search warrant at the Beckley residence where Lately was staying and seized additional quantities of fentanyl, a quantity of cocaine base, also known as "crack," and approximately $9,360, including $1,400 from the controlled buys involving the confidential informant. Lately admitted that he intended to distribute the seized fentanyl and crack, and that the seized cash represented proceeds of drug trafficking activity.

Lately has a criminal history that includes prior convictions for assaulting, resisting or obstructing a police officer, armed robbery, and a weapons offense.

United States Attorney Moore Capito made the announcement and commended the investigative work of the Beckley/Raleigh County Drug and Violent Crime Unit, which consists of officers from the West Virginia State Police, the Raleigh County Sheriff's Office, and the Beckley Police Department.

Chief United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Timothy D. Boggess prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney's Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:24-cr-174.

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