LEXINGTON, KY, October 17, 2025 — The U.S. Court of Appeals for the Sixth Circuit has upheld the prison sentences of two men convicted in a drug-trafficking scheme involving fentanyl and methamphetamine distributed throughout the Lexington area.
According to the opinion issued October 17, 2025, Daniel Matthews and Markel Levail Livingston both challenged the reasonableness of their sentences after pleading guilty to federal drug-related offenses. Matthews was sentenced to 228 months in prison for possession with intent to distribute fentanyl and methamphetamine and possession of a firearm in furtherance of drug trafficking. Livingston received 74 months for conspiracy to distribute the same substances.
The appellate panel found that the district court properly applied a sentencing enhancement under U.S. Sentencing Guidelines §2D1.1(b)(13), which increases penalties when fentanyl is knowingly misrepresented or marketed as another substance. The court concluded that Matthews knowingly misrepresented fentanyl as oxycodone, while Livingston knowingly marketed fentanyl pills designed to resemble oxycodone tablets.
Livingston’s separate claims alleging ineffective counsel, denial of a downward departure for mental capacity, and improper supervised release conditions were also rejected. The panel stated that ineffective assistance claims should be pursued in postconviction proceedings and that the district court acted within its discretion on the other issues.
The appellate court affirmed both sentences, finding no procedural or substantive error in the rulings issued by U.S. District Judge Claria Horn Boom of the Eastern District of Kentucky.
