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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-80048-CR-MIDDLEBROOKS

UNITED STATES OF AMERICA

vs. 

JUSTIN SMITH, 

Defendant. 

___________________________________/

NOTICE OF RELATED ACTION, LOCAL RULE 3.8

The United States of America, through undersigned counsel, respectfully files this Notice 

of Related Action, pursuant to Local Rule 3.8, which provides that attorneys shall bring promptly 

to the attention of the Court and opposing counsel the existence of other actions or proceedings as 

described in Section 2.15.00 of the Court’s Internal Operating Procedures (“IOP”). Counsel for 

defendant Smith has reviewed this pleading and does not oppose a transfer pursuant to the Local 

Rules. 

IOP section 2.15.00 provides that whenever an action is filed in the Court that involves 

subject matter which is a material part of the subject matter of another action pending before the 

Court “or for other reasons the disposition thereof would appear to entail the unnecessary 

duplication of judicial labor if heard by a different Judge,” the Judges involved in the actions “shall 

determine whether the higher-numbered action or proceeding shall be transferred to the Judge 

assigned to the lower-numbered action.”

On March 7, 2019, a Grand Jury, sitting in Miami, returned an indictment against Phillip 

Braun, Blackstone Labs, LLC (“Blackstone Labs”), five other individuals, and a second limited 

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liability corporation (the “Braun case”). The case was assigned to Judge Dimitrouleas under case 

number 19-80030-CR. Count 4 of the indictment charged Braun, Blackstone Labs, and other codefendants with conspiring to distribute controlled substances, e.g., anabolic steroids, in violation 

of 21 U.S.C. § 846. The case is set for trial on October 26, 2020. 

On June 19, 2020, the United States filed an information against Justin Smith. The case 

was assigned to Judge Middlebrooks under case number 20-80048-CR. The information charged

that Smith conspired with Phillip Braun, Blackstone Labs, and others known to the United States 

Attorney to distribute controlled substances, namely, the same anabolic steroids referenced in 

Count 4 of Case No. 19-80030-CR-Dimitrouleas. 

The subject matter of case number 20-80048-CR is a material part of Count 4 of case 

number 19-80030-CR. In other words, the later-filed case charges the same drug conspiracy as 

was charged in Count 4 of the indictment returned last year. 

The facts of Smith’s case are material to other counts in the Braun case. Smith and his 

former company purchased the unapproved new drug identified in Counts 2 and 3 in the Braun 

indictment, alleged to be in violation of 21 U.S.C. §§ 331, 333. In addition, Counts 5 and 6 of the 

Braun indictment allege distribution of 60,000 units and 30,000 units of anabolic steroids, in 

violation of 21 U.S.C. § 841. Smith and his former company were the recipient of those 

distributions. Count 7 of the Braun indictment alleges distribution of anabolic steroids, in violation 

of 21 U.S.C. § 841, which refers to an undercover purchase of anabolic steroids by law 

enforcement agents from Smith’s company. Accordingly, there is significant factual overlap 

between the Smith case and the Braun case, and the Smith subject matter is undoubtedly material 

to the Braun case.

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It would be judicially expedient for Judge Dimitrouleas to hear the newly filed case against 

Justin Smith insofar as Judge Dimitrouleas has already expended considerable judicial resources 

in connection with the earlier-filed Braun case, No. 19-80030-CR, and is familiar with many of 

the underlying facts and legal issues that both cases share. 

In conclusion, consistent with Local Rule 3.8 and IOP 2.15.00 and to avoid unnecessary

duplication of judicial labor, the government respectfully requests that the Court confer with Judge 

Dimitrouleas to decide whether a transfer of the present case to Judge Dimitrouleas would be 

appropriate. Government counsel has conferred with Tommy Spina, lead counsel for defendant 

Smith, and he does not oppose such a transfer. 

DATED: June 24, 2020

Respectfully submitted,

ARIANA FAJARDO ORSHAN

UNITED STATES ATTORNEY

GUSTAV W. EYLER

DIRECTOR

CONSUMER PROTECTION BRANCH

U.S. DEPARTMENT OF JUSTICE

/s/ Alistair Reader

By: ALISTAIR F. A. READER

Court ID A5502377

STEPHEN J. GRIPKEY

Court ID A5502620

JOHN W. BURKE

Court ID A5501294

Trial Attorneys 

U.S. Department of Justice

Consumer Protection Branch

450 Fifth Street, NW, Suite 6400-South

Washington, DC 20001

Alistair.F.Reader@usdoj.gov

(202) 353-9930 

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Stephen.Gripkey@usdoj.gov

(202) 307-0048

Josh.Burke@usdoj.gvo

(202) 353-2001

(202) 514-8742 (facsimile)

CERTIFICATE OF SERVICE

I hereby certify that on June 24, 2020, a copy of the foregoing document was filed 

electronically with the Clerk of the Court by way of the CM/ECF system. Notice of this filing will 

be sent to all counsel of record by operation of the CM/ECF system. Parties may access this filing 

through the CM/ECF system. 

/s/ Alistair Reader

Alistair F. A. Reader

Trial Attorney

U.S. Department of Justice

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