A .gov website belongs to an official government organization in the United States. Furthermore, for larger quantities of certain types of drugs, a person may also be charged with drug trafficking (O.C.G.A. Will it apply in my case? But my client, even though he carried them into Atlanta, even though he flew them back and obviously helped them accomplish their unlawful plan, he didnt know about it. You know, The government came after me. Anyone charged with drug trafficking in Georgia will need a good criminal defense attorney to help navigate the process. Summerford was sentenced to serve 80 months in prison to be followed by three years of supervised release on March 3, 2021; Courtney Dews, 36, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. Have a question about Government Services? If you are convicted of 400 grams or more, you face a prison sentence of 25 to 30 years and a $1,000,000 fine. Toussaint is among seven defendants awaiting sentencing, while three defendants are awaiting trial. If you are convicted of 400 grams or more, you face a minimum prison sentence of 25 years and a $1,000,000 fine. Look no further then Page Pate and Jess Johnson if you want the best trial lawyers to represent you! Obtaining legal advice regarding the most current illegal drugs law can potentially save you money and trouble. Share sensitive information only on official, secure websites. All rights reserved. To meet this burden, the State usually calls the arresting or searching officer to testify about the facts that gave rise to the search. In a press release from the department, on Jan . All rights reserved. However, for small amounts of marijuana, or if your trafficking case is reduced to possession, you may be able to get your charges reduced to a misdemeanor. Call us or complete the form below. In that case, it is considered drug trafficking under Section 16-13-31 and the punishment is as follows: mandatory 5-year minimum imprisonment if the quantity is more than 4 but less than 14 grams and a $50,000.00 fine; mandatory 10 year minimum imprisonment if the quantity is more than 14 but less than 28 grams and a $100,000.00 fine; and mandatory 25 year minimum imprisonment if the quantity is more than 28 grams and a $500,000.00 fine. One of the most powerful tools a criminal defense lawyer has in a drug trafficking or possession case is the motion to suppress evidence. But if you have other questions, feel free to give us a call.. Want to know how we win appeals in Georgia criminal cases? Macon, Georgia 31202-1702, Macon: 478-752-3511 Therefore, you should know what the various categories are and the penalties for each. So he had no knowledge of the agreement, and the jury found him not guilty of all charges. But those are the basic elements and defenses involved in a federal drug conspiracy charge. There are others, it all depends on the specific facts of the case. This field is for validation purposes and should be left unchanged. The number of illegally possessed firearms seized in this case also provides a glimpse into the dangerous underworld of narcotics trafficking.. Bibb County Sheriff David J. Davis said, This case illustrates the continued commitment of Bibb Investigators and our local and federal partners to rid our streets of dangerous drugs and illegal firearms. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. On the way back from purchasing heroin from Duffy on February 20, 2019, Summerfords van was stopped and the heroin was seized. Search for jobs related to Georgia drug trafficking cases or hire on the world's largest freelancing marketplace with 21m+ jobs. Secure .gov websites use HTTPS But the government also has to show a second element that the person, the person being charged in this case, knows about the agreement and joins in the agreement. This guide covers the basics of these laws and the penalties if someone violates them. The government does not have to show that a person actually sold drugs. PATRICK JOHNSON, 27, of Chicago, is charged with one count of murder in aid of racketeering. For instance, a court may suppress cocaine found under a floorboard in a home where the search warrant only called for the seizure of an individuals personal computer. On February 22, 2019, pursuant to a valid federal search warrant, law enforcement searched Duffys narcotics sales location at his Sandy Springs home. If a judge signs a warrant not supported by probable cause, the warrant is invalid and the fruits of any search must generally be suppressed. Major South Georgia drug trafficker sentenced to nearly two decades in federal prison Drug Enforcement Administration Robert J. Murphy, Jr. Special Agent in Charge Atlanta @DEAAtlantaDiv October 13, 2020 Contact: Chuvalo Truesdell Phone Number: (571) 362-3517 For Immediate Release Its a Schedule II drug, and 28 grams was chosen as the threshold that can result in grave consequences. The government does not have to show that there is some sort of formal agreement, or contract, or anything like that. If the officer then finds contraband hidden behind an air vent in the front compartment, a court would likely suppress the contraband as the officer exceeded the scope of the drivers consent. A traffic stop is only lawful where the officer had reasonable grounds based on specific and articulable facts for making the stop. If you are charged with trafficking cocaine, that is not merely a slap on the wrist. What usually happens in a Georgia criminal case? Final Defendant Sentenced in Gang-Related South Georgia Meth-Trafficking Conspiracy Drug Enforcement Administration Robert J. Murphy, Jr. Special Agent in Charge Atlanta @DEAAtlantaDiv January 05, 2023 Contact: SA Crystal Harper Phone Number: (571) 362-3433 For Immediate Release Manufacture means the production, preparation, compounding, conversion, or processing of a controlled substance by extracting components of a substances natural origin or by chemical synthesis. MACON, GA - Twelve defendants have been charged in a newly unsealed federal indictment alleging a middle Georgia drug trafficking conspiracy. If there is 10,000 pounds or more of marijuana, the person faces a mandatory minimum of 15 years imprisonment and a $1 million fine. First, the District Attorney can file a motion asking the sentencing court to reduce or suspend a sentence if the defendant provides substantial assistance in the identification, arrest, or conviction of any other individuals involved in the drug operation. Another high-profile case also involving Georgia took place in 2014. At the conclusion of the hearing, the State and the defense will argue why the drugs should be suppressed under the Fourth Amendment or a specific Georgia statute. In Georgia, a motion to suppress evidence must generally be filed within 10 days after the arraignment date. The people that he was carrying into Atlanta had large duffel bags with them, and it turns out they had a lot of cocaine in those duffel bags. Williams was in possession of approximately one ounce of methamphetamine and arrested. Somebodys house was searched, somebodys car was searched, a storage shed, a business. The community is much safer with these defendants behind bars., Illegal guns and drugs have no place in Georgia. The following were arrested: Grayling Coley, age 26, of Cordele, Georgia was charged with: Two counts of Trafficking Heroin Two counts of Trafficking Methamphetamine One count of Distribution of Heroin One count of Possession of methamphetamine with the intent to distribute One count of Possession of cocaine with the intent to distribute Drug trafficking is a serious criminal offense, and although incidents are usually not as widespread as the recent bust of the alleged Mexico-based cartel, these types of cases are some of the most complexes. In June 2019, investigators executed search warrants at eight houses used for stashing or distributing narcotics in Atlanta and Vidalia, seizing more than two kilos of cocaine, four kilos of marijuana, half a kilo of methamphetamine, more than two kilos of MDMA, pints of Codeine, 600 grams of Xanax, pill presses, and surveillance equipment. And even if you do that, it only protects you going forward. Two Key Defendants in Middle Georgia Drug Trafficking Conspiracy Sentenced to Federal Prison 'Operation Ace in the Hole' targeted major drug distributors STATESBORO, GA - Two Vidalia, Ga., men who played key roles in an expansive, gang-related drug trafficking ring in middle Georgia each have been sentenced to more than a decade in federal prison. The large-scale operation in Georgia, West Virginia and New York follows recent efforts to combat violent crimes and keep repeat offenders behind bars. The State generally has the burden of convincing the court that the drugs were the product of a lawful search. As long as theres an agreement between two or more people to do something that violates the federal drug laws, the government can prove that first element. This case is the product of a concerted collaborative effort on the part of ATF and its local partners to target, investigate, and eliminate the perpetrators of violent crime, said Beau Kolodka, Assistant Special Agent in Charge of the Atlanta Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Drug trafficking is a significant problem in Georgia because it is one of the top five states for illegal drug use. Its a different conspiracy, and so the jury has to find him not guilty. The OCDETF case was investigated by the ATF, the DEA, the FBI, the GBI, the Georgia Department of Community Supervision, the Toombs County Sheriffs Office, the Lyons Police Department, the Oconee Drug Task Force, and the Liberty County Sheriffs Office, and is being prosecuted for the United States by Assistant U.S. The heroine has probably the most unforgiving sentencing scheme. The Georgia laws on drug trafficking can seem overly complicated, as the penalties for being caught trafficking vary not only on the type of drug but also on the amount and whether you have priors. An individuals home receives greater protection under our Constitution than automobiles. COLUMBUS, Ga. (WTVM) - A man was arrested on multiple charges during a drug bust in Columbus. If you are convicted of trafficking methamphetamine between 28 and 200 grams, the sentence can be ten to thirty years in the state penitentiary and a fine of $200,000. 16-13-2). Attorneys Joseph McCool. The difference between drug trafficking and other drug crimes - like drug possession, drug distribution or drug manufacturing - is the quantity of drugs involved in the offense. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. Some legal substances may also lead to a charge of drug trafficking if enough of the substance is found and suspected that it's being used in a way that is . It is not uncommon for officers to then search the vehicle for contraband. PATRICK JOHNSON, 27, of Chicago, is charged with one count of murder in aid of racketeering. In 2014, the Ministry of Internal Affairs seized approx. Eight men and four women are charged as part of Operation Breaking the Bond, an Organized Crime Drug Enforcement Task Force investigation centered in the Bibb County area, said David H. Estes, Acting U.S. Attorney for the Southern District of Georgia. The defendants charged in the 24-count indictment, most of whom have made initial court appearances, include: Prentice Bond, a/k/a P, a/k/a Peze, 35, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Distribution of Cocaine; two counts of Distribution of 28 Grams or More of Cocaine; Possession with Intent to Distribute Cocaine, 28 Grams or More of Crack Cocaine, and a Quantity of Marijuana; Possession with Intent to Distribute Marijuana; Possession of a Firearm by a Convicted Felon; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Maintaining a Drug-Involved Premises; Travis Robinson, a/k/a T-Roc, 45, of Fairburn, Ga., charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; two counts of Possession of a Firearm by a Convicted Felon; two counts of Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Maintaining a Drug-Involved Premises; Xavier Cross, a/k/a Ro, a/k/a Kairo, 45, or Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; three counts of Distribution of Cocaine; two counts of Distribution of 28 Grams or More of Cocaine; Possession with Intent to Distribute Marijuana; Possession with Intent to Distribute 500 Grams or More of Cocaine, and a Quantity of Oxycodone; Possession with Intent to Distribute Cocaine and Marijuana; two counts of Possession of a Firearm in Furtherance of a Drug Trafficking Crime; two counts of Possession of a Firearm by a Convicted Felon; and two counts of Maintaining a Drug-Involved Premises; Charles Seang, 28, of Lilburn, Ga., charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Chester Hall, a/k/a Cheeseburger, a/k/a Cheese, 40, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Possession with Intent to Distribute Marijuana; Possession with Intent to Distribute Cocaine and Marijuana; Possession with Intent to Distribute 500 Grams or More of Cocaine, and a Quantity of Oxycodone; Possession with Intent to Distribute Cocaine and Marijuana; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Maintaining a Drug-Involved Premises; Geneva Harvey, 39, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Possession with Intent to Distribute Marijuana; two counts of Possession of a Firearm in Furtherance of a Drug Trafficking Crime; two counts of Possession of a Firearm by a Convicted Felon; and Maintaining a Drug-Involved Premises; Shaneka Jackson, 43, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Possession with Intent to Distribute Cocaine, 28 Grams or More of Crack, and a Quantity of Marijuana; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Possession of a Firearm by a Convicted Felon; Rodreco Jones, a/k/a Freako, a/k/a Rico, 39, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Earnest Milline, a/k/a Rome, a/k/a Jerome, 62, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; two counts of Distribution of Cocaine; and Possession with Intent to Distribute Marijuana; Morgan Allison, 22, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Possession with Intent to Distribute Cocaine; and Possession of a Firearm in Furtherance of a Drug Trafficking Crime; George Leverett, 28, Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; and. If, for example, law enforcement detained a driver accused of speeding for an hour simply to wait on the arrival of a drug sniffing dog, the court would likely find such prolonged detention to be unlawful. Justin Adams, a/k/a Ace, 40, of Vidalia, and Andre Jackson, a/k/a Dre, 31, of Vidalia, were sentenced by U.S. District Court Judge R. Stan Baker, said Acting U.S. Attorney David H. Estes. For methamphetamine and/or amphetamine, any person who sells, delivers, or brings into this state or who possesses 28 grams or more is guilty of trafficking. Some are truly illegal (like heroin) and some are legal with a valid prescription from a doctor. Situations often arise where a driver of an automobile is taken into custody for a traffic infraction such as driving with a suspended license or DUI. In these cases, the judge has limited discretion in imposing a sentence and often cant sentence you to a lesser penalty than the mandatory minimum if you are convicted, despite the circumstances of the crime. For example, for cocaine, as little as 28 grams or a mixture that is at least ten percent cocaine can result in serious consequences. The way to challenge that is by filing a motion early in the case, getting a hearing, and then showing the judge that the search was unlawful. Drug trafficking charges are serious in Georgia and are nearly always prosecuted as a felony offense. Two homes alleged to have been involved as locations for drug storage or distribution also are subject to forfeiture proceedings in the indictment. The Supreme Court has carved out an exception to the warrant requirement known as the automobile exception. The Albany Herald, Ga. Dec. 7MACON A career offender with a violent criminal history who participated in a middle Georgia drug trafficking network responsible for distributing approximately 16 kilograms of methamphetamine has been sentenced to serve 20 years in federal prison resulting from an Organized Crime Drug Enforcement Task Forces investigation centered in Warner Robins. All rights reserved. In the first one, they didnt have enough probable cause to get the wiretap. The person being charged, while there may be an agreement, he doesnt know about it. A few common defenses include: The information provided above is a very general summary of Georgia drug trafficking and possession law at the time this text was prepared. If you are convicted of trafficking an amount of cocaine between 28 and 200 grams, the sentence can be ten to thirty years in the state penitentiary and a fine of $200,000. So there was no unlawful agreement. The judge must then determine if law enforcement has provided enough information to establish probable cause to believe that a crime has been or is being committed at a specific location. There are several factors involved. These are some defenses. The punishment for a controlled substance offense depends on whether the drug was only possessed or if it was manufactured or distributed, type of substance, and the weight of the substance. Both defendants will serve well-deserved time in prison., These sentences represent significant milestones in the prosecution of Operation Ace in the Hole, a multi-agency investigation disrupting a major source of illegal drugs and guns in the greater Toombs County area, said Acting U.S. Attorney Estes. If the quantity is greater than 28 grams but less than 200 grams the person shall be sentenced to a mandatory minimum prison sentence of 10 years and pay a fine of $200,000. If a person is convicted of drug trafficking, he or she may face spending years in prison, having valuable assets taken away, and paying hefty fines, all in addition to having his or her own personal reputation and relationships compromised. 16-13-31 (c), a person commits the offense of Trafficking in Marijuana when he or she sells, manufactures, grows, delivers, brings into this state, or has possession of a quantity of marijuana exceeding ten pounds. Great example of this defense is a case I tried here in Atlanta a couple of years ago. The stop cannot be arbitrary or harassing. Many Georgia drug trafficking cases originate on the highways. charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana. BEST IN TOWN! Let our team of Newnan drug trafficking lawyers help you through this difficult time. If you are convicted of trafficking 28 grams or more, you face a sentence of 25 to 30 years and a $500,000 fine. During the search, a Kel-Tec 9mm pistol, 9mm and .40 caliber ammunition, a bag containing small drug baggies and a quantity of suspected narcotics were seized. The penalty for violating this statute depends on the type, the schedule the drug falls under, and amount of the drug. He was simply told that what was in the duffel bags had to do with their work, was never given any indication that those duffel bags contained drugs. The following co-defendants have previously pleaded guilty for their crimes in federal court and have been sentenced for their crimes: Chad Bresach, 38, of Eatonton, Georgia, pleaded guilty to one count distribution of heroin. Georgia drug trafficking laws carry significant penalties and there are many potentially aggravating factors. For the first offense of Schedule I and Schedule II, which are considered the most dangerous drugs, you face between five and 30 years in prison, depending on the substance involved. When trying to obtain a search warrant, law enforcement must prepare a supporting affidavit setting forth all relevant facts. When the government charges someone, they draft an indictment, and thats agreed to by the grand jury, and then the government is stuck with that document. Columbus: 706-649-7700. Georgia Drug Trafficking Charges O.C.G.A. In other words, marijuana smoke billowing from the window will give law enforcement probable to cause to search. It will serve as a multi-jurisdictional drug enforcement agency controlled by Georgia Bureau of Investigation. The 118-count, 133-page indictment charges the 76 suspects with involvement in a drug trafficking conspiracy that distributed large amounts of methamphetamine, fentanyl, heroin and alprazolam in . Domestic Cannabis Suppression / Eradication Program, Red Ribbon Toolkit - Resources For Your Community, DEA National Prescription Drug Take Back Day, Intelligence Research Specialist Job Announcements, Schedule A Hiring Authority: Intelligence Research Specialist, Privacy Impact Assessment and Management Information Systems, Victim Witness Assistance Program Resources. It can be manufacturing drugs. 16-13-31). 16-13-31.1 criminalize the sale, manufacturing, delivery, or transportation into the state of controlled substances. An official website of the United States government. The only exceptions to this rule are if the home owner gives consent to the search or if exigent circumstances (some immediate emergency requiring swift action) exist. If you need the best, then hire the best! On Friday, December 2, 2022, the GBI SWRDEO, Pelham Police Department, and the Thomas County Sheriff's Office executed three search warrants in Pelham, Mitchell County, GA. 264 E. Railroad Street, Pelham, GA, a car wash business owned and operated by Williams. POMEROY The Meigs County Sheriff's Department made two arrests in regards to the trafficking of illegal narcotics Sunday evening. For 14 to 28 grams, you can receive a sentence of ten years and a fine of $100,000. However, under O.C.G.A. The drug trafficking penalty in Georgia may even include a mandatory minimum penalty of 25 years in prison along with a fine of 1 million dollars. They had a medical practice, they were prescribing drugs, but it wasnt unlawful. Dews was sentenced to serve 20 months in prison to be followed by one year of supervised release on March 3, 2021; and. We get a lot of questions about the entrapment defense. Perhaps they made a call and suggested a drug deal, and he turned them down but they came back again. Federal arrest warrants were executed in Warner Robins, Georgia, and elsewhere, today resulting from a federal indictment returned on Nov. 16, charging the following individuals: The charge of possession of a firearm in furtherance of a drug trafficking crime carries a mandatory minimum of five years up to a maximum life sentence and a $250,000 fine; The charge of possession of a firearm by a convicted felon carries a maximum ten years in prison and a $250,000 fine; The charges of conspiracy to distribute controlled substances and possession of methamphetamine each carry a mandatory minimum sentence of ten years up to a maximum life sentence and a $10,000,000 fine; The charge of distribution of cocaine base carries a maximum sentence of twenty years and a $1,000,000 fine; and. Share sensitive information only on official, secure websites. This case is a direct result of what can be achieved when the U.S. Drug Enforcement Administration (DEA) and its law enforcement partners confront, engage and eliminate drug trafficking, said the Special Agent in Charge of the DEA Atlanta Field Division Robert J. Murphy. That can be importing drugs, it can be distributing drugs, it can be possessing drugs with the intent to distribute. How to Apply for the New Pretrial Diversion Program in Federal Court, Our Firm Helps Client Avoid Prison in Large Federal Drug Conspiracy Case, Federal Marijuana Sentences May Be Reduced Based on Changing Marijuana Laws, Law Enforcement Now Using Wiretaps for Facebook, Instagram. Call us or complete the form below. As a general rule, probable cause is determined by the totality of the circumstances. For 200 to 400 grams, the sentence is a minimum of 15 years with a fine of $300,000. These laws can be confusing, so if you are charged with drug trafficking, consulting an experienced criminal defense attorney would be beneficial to your case. The lawfulness of such a search depends heavily on how the search is characterized. Because this analysis is subject to change depending upon recent cases and legal developments, you should not rely on this summary as legal advice. On Saturday, January 14, a Columbus officer attempted to initiate a traffic stop in the area of Beacon . The difference between drug trafficking and other drug crimes like drug possession, drug distribution or drug manufacturing is thequantityof drugs involved in the offense. Attorneys Noah J . U.S. Attorney's Office, Middle District of Georgia, Nine Federally Charged, Arrested in Middle GA Drug Trafficking Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), ACTIVITY IN THE UNITED STATES ATTORNEY'S OFFICE, Man Indicted on Federal Racketeering Charge for Allegedly Murdering Teenage Girl To Increase Position in Violent Street Gang, Nine newly indicted on federal charges for crimes including drugs and illegal firearms possession, Nine Federally Charged, Arrested In Middle GA Drug Trafficking Investigation. Federal arrest warrants were executed in Warner Robins, Georgia, and elsewhere, today resulting from a federal indictment returned on Nov. 16, charging the following individuals: Antoine Riley, 44, of Warner Robins, is charged with one count of possession of a firearm in furtherance of a drug trafficking crime, one count of possession of a firearm by a previously convicted felon, one count of conspiracy to distribute controlled substances, one count of distribution of cocaine base, one count . By removing the most serious charges, you may be able to avoid the harshest sentences. But he realized down the road he did not wanna be a part of this, and so he said, Look, you know, Im done with this. And E. Greg Gilluly Jr. So, even if an individual doesnt have drugs on them, they can still face drug crime charges. Its just a general understanding or plan between two or more people to do something that violates the federal drug laws. Macon, Georgia 31202-1702, Macon: 478-752-3511 Probable cause to search an automobile exists when the facts and circumstances would lead a reasonably discreet and prudent man to believe that the contents of the vehicle offend the law. 16-13-30). Nathaniel Ripley, 41, was sentenced Wednesday, Jan. 4, by . If you've been charged with drug trafficking in Georgia, it's in your best interests to contact a local drug crime attorney who can help you understand and potentially challenge the most complicated aspects of the charges, such as determining whether the quantity of drugs amounts to trafficking. Official websites use .govA .gov website belongs to an official government organization in the United States. A criminal defense lawyer will have the opportunity to cross-examine the arresting or searching officer, call any witnesses of his own, and tender evidence into the record for the courts consideration. Adams, a regional leader in the Gangster Disciples criminal street gang, was sentenced as an armed career criminal after pleading guilty to Distribution of Cocaine and Possession of a Firearm by a Convicted Felon. If the search was done incident to the arrest, the officer must have had a reason to believe that there was evidence in the vehicle relating to the crime for which the driver was arrested. If you or someone you know is facing a charge like this, I hope this has answered some of your questions. Now he ran a medical practice and he prescribed pain medication, opioid pain medication, to a number of different patients for chronic pain. If you have those two elements, then you have an entrapment defense, and its a very effective defense in trial. STATESBORO, GA -Two Vidalia, Ga., men who played key roles in an expansive, gang-related drug trafficking ring in middle Georgia each have been sentenced to more than a decade in federal prison. 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