Robert “Bobby” Nunley, of Tracy City, entered a plea agreement today, March 22, 2018, for a string of pharmacy robberies. His plea was entered in London, Kentucky, before a judge for the U.S. District Court, Eastern District of Kentucky.
Nunley entered a guilty plea to Counts 1, 2, and 3, in which he was charged with conspiracy to distribute Schedule II controlled substances, to include oxycodone (count 1); and burglary of a pharmacy (counts 2 and 3).
From the plea agreement:
Count 1, violation of 21 U.S.C. §846: two or more persons conspired or agreed to distribute Schedule II controlled substances and the Defendant knowingly and voluntarily joined in this conspiracy.
Counts 2 and 3, 18 U.S.C. §2118 (b): without authority, the Defendant entered, attempted to enter, or remained in the business premises or property of a person registered with he Drug Enforcement Administration under 21 U.S.C § 822; the Defendant intended to steal materials and compounds containing any quantity of a controlled substance; and either the replacement cost of the controlled substance to the registrant was not less than $500, or the Defendant traveled in interstate or foreign commerce or used any facility in interstate or foreign commerce to facilitate the taking or attempt.
As to counts 1, 2, and 3, the United States could prove the following facts that establish the essential elements of the offenses beyond a reasonable doubt, and the Defendant admits these facts:
(a) On or about a day in December 2010 and continuing through on or about a day in October 2015, in Knox County, in the Eastern District of Kentucky, and elsewhere, the Defendant agreed with other people to distribute controlled substances, including a quantity of pills containing oxycodone, a Schedule II controlled substance.
(b) During the conspiratorial timeframe, the Defendant worked with Christopher Land, Jamie Sweeton, Randy Stiefel, Kenneth Britton, Anthony Bosio, James Ronald Jones, and Tony Britton, among others, to obtain and sell pills that contained controlled substances, including oxycodone. Aided and abetted by others in the conspiracy, the Defendant participated in multiple burglaries of pharmacies to obtain the controlled substances. The Defendant’s participation in these burglaries typically included breaking locks on pharmacies’ doors to gain entry to the pharmacies. The Defendant worked with his co-conspirators to sell for profit the controlled substances obtained from the pharmacy burglaries.
(c) As part of the conspiracy to distribute controlled substances, the Defendant aided and abetted his co-conspirator’s entry into the Sav-Rite Pharmacy located in Corbin, Kentucky on or about March 15, 2015, with the intent to steal pills containing quantities of controlled substances. The Defendant and his co-conspirators traveled from outside Kentucky to commit this burglary, and the replacement cost of the stolen pills exceeded $500.
(d) As part of the conspiracy to distribute controlled substances, the Defendant aided and abetted his co-conspirator’s entry into Stephanie’s Down Home Pharmacy, located in Corbin, Kentucky on or about January 26, 2014, with the intent to steal pills containing quantities of controlled substances. The Defendant and his co-conspirators traveled from outside Kentucky to commit this burglary, and the replacement cost of the stolen pills exceeded $500.
The statutory punishment for Count 1 is imprisonment not more than 20 years, a fine of not more than $1,000,000, and a term of supervised release of not less than three years. The statutory punishment for Counts 2 and 3 is imprisonment for not more than 20 years, a fine of not more than $250,000, and a term of supervised release of not more than three years.
Restitution to identifiable victims of the Defendant’s relevant conduct who suffered pecuniary loss is mandatory pursuant to 18 U.S.C. §3663A, and the amount will be determined by the court.
Amanda Phillips is the Publisher and Editor of the Grundy County Herald