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Second Former Honduran Mayor Charged With Conspiring To Import Cocaine Into The United States And Related Firearms Offenses

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Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Christopher Tersigni, the Special Agent in Charge of the Special Operations Division of the U.S. Drug Enforcement Administration (“DEA”), announced today that charges have been filed in Manhattan federal court against former Honduran mayor Amilcar Alexander Ardon Soriano and, in a separate Superseding Indictment, Mario Jose Calix Hernandez.  The charges in each indictment include conspiring to import cocaine into the United States and related weapons offenses involving the use and possession of machineguns and destructive devices.  The United States is seeking the defendants’ extraditions from Honduras and Guatemala.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “As alleged, Amilcar Alexander Ardon Soriano and Mario Jose Calix Hernandez each conspired to import massive quantities of cocaine into the U.S. and used heavy weaponry to protect drug shipments.  Ardon Soriano allegedly used his position as a Honduran mayor to facilitate his own drug trafficking, and to exact a ‘tax’ on other traffickers, making millions of dollars in the process.  Thanks to the DEA, both men now face criminal charges in the U.S.”

As alleged in the Indictments filed in federal court:[1]

From at least in or about 2004, up to and including in or about 2016, multiple drug-trafficking organizations in Honduras and elsewhere worked together, and with support from certain prominent public and private individuals, including Honduran politicians and law enforcement officials, to receive multi-ton loads of cocaine sent to Honduras from, among other places, Colombia via air and maritime routes, and to transport the drugs westward in Honduras toward the border with Guatemala and eventually to the United States.  For protection from official interference, and in order to facilitate the safe passage through Honduras of multi-hundred-kilogram loads of cocaine, drug traffickers paid bribes to public officials, including certain mayors and members of the National Congress of Honduras.

Ardon Soriano was previously the mayor of El Paraíso, Copán, in Honduras.  Between approximately 2000 and approximately 2015, including at times while acting as mayor of El Paraíso, ARDON SORIANO engaged in large-scale drug trafficking activities with traffickers located in, among other places, Colombia, Honduras, Guatemala, and Mexico.  Ardon Soriano is the second former Honduran mayor charged in the Southern District of New York with crimes related to drug trafficking.  In July 2018, Arnaldo Urbina Soto, the former mayor of Yoro, Honduras, was charged in a separate Indictment with conspiring to import cocaine into the United States and related firearms offenses.  See United States v. Urbina Soto, et al., 18 Cr. 497 (DLC).

As alleged in the Indictment, ARDON SORIANO participated in processing, receiving, transporting, and distributing large loads of cocaine that arrived in Honduras via planes and go-fast vessels.  In Honduras, ARDON SORIANO had access to at least one cocaine laboratory as well as a clandestine airstrip that was used to receive cocaine-laden aircraft dispatched from South America.  ARDON SORIANO and others participated in providing heavily armed security for cocaine shipments transported within Honduras, including by members of the Honduran National Police and drug traffickers armed with, among other weapons, machineguns.  ARDON SORIANO also leveraged his power in El Paraíso by charging a per-kilogram tax on cocaine transported by other traffickers through the area that he controlled.  As a result of these illegal activities, ARDON SORIANO earned millions of dollars from the distribution and sale of the cocaine that he worked with others to import into the United States.  ARDON SORIANO used some of the drug proceeds to fund political campaigns in Honduras for himself and one or more of his associates.

As alleged in a separate Superseding Indictment, between in or about 2005 and in or about 2016, CALIX HERNANDEZ participated in large-scale drug trafficking with traffickers located in, among other places, Colombia, Honduras, Guatemala, and Mexico.  Like ARDON SORIANO, CALIX HERNANDEZ and others participated in providing heavily armed security for cocaine shipments transported within Honduras, including by members of the Honduran National Police and drug traffickers armed with, among other weapons, machineguns.  CALIX HERNANDEZ’s co-defendant and alleged co-conspirator is Juan Antonio Hernandez Alvarado, a/k/a “Tony Hernandez,” a former member of the National Congress of Honduras and the brother of the current president of Honduras.  On November 23, 2018, Hernandez Alvarado was arrested in Miami.  He was subsequently brought to the Southern District of New York and faces the same drug trafficking and firearms charges as CALIX HERNANDEZ as well as an additional charge of making false statements to U.S. federal agents.  

*                *                *

ARDON SORIANO, 43, a citizen of Honduras, is charged in three counts:  (1) conspiring to import cocaine into the United States, (2) using and carrying machineguns and destructive devices during, and possessing machineguns and destructive devices in furtherance of, the cocaine importation conspiracy, and (3) conspiring to use and carry machineguns and destructive devices during, and to possess machineguns and destructive devices in furtherance of, the cocaine importation conspiracy. 

CALIX HERNANDEZ, 36, a citizen of Honduras, is charged in three counts in a separate Superseding Indictment:  (1) conspiring to import cocaine into the United States, (2) using and carrying machineguns and destructive devices during, and possessing machineguns and destructive devices in furtherance of, the cocaine importation conspiracy, and (3) conspiring to use and carry machineguns and destructive devices during, and to possess machineguns and destructive devices in furtherance of, the cocaine importation conspiracy. 

If convicted, ARDON SORIANO and CALIX HERNANDEZ each face a mandatory minimum sentence of 10 years in prison and a maximum term of life in prison on Count One, a mandatory minimum sentence of 30 years in prison and a maximum term of life in prison on Count Two, and a maximum term of life on Count Three.

The maximum potential sentences in these cases are prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.

Mr. Berman praised the outstanding efforts of the DEA’s Special Operations Division Bilateral Investigations Unit, New York Strike Force, and Tegucigalpa Country Office.  Mr. Berman also thanked the U.S. Department of Justice’s Office of International Affairs and the U.S. Attorney’s Offices for the Eastern District of Virginia and the Southern District of Florida.

These cases are being handled by the Office’s Terrorism and International Narcotics Unit.  Assistant U.S. Attorneys Emil J. Bove III and Mathew J. Laroche are in charge of the prosecutions.

The charges contained in the Indictments are merely allegations, and the defendants are presumed innocent unless and until proven guilty. 

 

[1] As the introductory phrase signifies, the entirety of the text of the Indictment charging Ardon Soriano, and the separate Superseding Indictment charging Calix Hernandez, as well as the descriptions of the Indictments set forth herein, constitute only allegations, and every fact described should be treated as an allegation.


Three Men Charged in ‘Swatting’ Schemes in which Admitted Hoax-Maker Targeted Individuals, Schools and a Convention Center

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          LOS ANGELES– Three men allegedly conspired with admitted “swatter” Tyler Rai Barriss to make hoax reports of bombs and murders to police departments, high schools and a convention center across the United States, according to three indictments unsealed today.

          The three new cases allege that the men agreed with Barriss to make false reports of explosives and armed individuals to generate a law enforcement response that was intended to harass and intimidate their targets and to evacuate public buildings.

          Special agents with the FBI this morning arrested two of the defendants, and a third has agreed to surrender to federal authorities in Los Angeles.

          Those charged in the indictments unsealed today are:

  • Neal Patel, 23, of Des Plaines, Illinois, also known by his Twitter handles @internetlord and @defeat, who was arrested this morning;

  • Tyler Stewart, 19, of Gulf Breeze, Florida, also known by his Twitter handle @tragic, who was arrested this morning; and

  • Logan Patten, 19, of Greenwood, Missouri, also known by his Twitter handle @spared, who has agreed to surrender.

          The three defendants are charged in separate indictments with conspiracy and conveying false information concerning the use of an explosive device.

          “Swatting,” according to the indictments, is “the action or practice of harassing a victim by deceiving an emergency service into sending police and emergency service response teams, including special weapons and tactics (SWAT) teams, to the victim’s address, often by making a false report of a serious law enforcement emergency – such as a murder or hostage situation – at the victim’s address to trigger the deployment of the response team.”

          Patel allegedly conspired with Barriss over several days in early December 2017 to make false police reports to law enforcement authorities in Milford, Connecticut. The pair also conspired to make a false bomb threat targeting a video game convention in Dallas, Texas, according to the indictment. Patel also faces bank fraud charges for allegedly using unauthorized credit card numbers to purchase items of clothing for Barriss.

          Stewart is charged with conspiring with Barriss to cause the evacuation of a high school in Gurnee, Illinois by making two false bomb threats in early December 2017. In the second incident, Barriss allegedly called the Gurnee Police Department, claimed the explosives had been left in a high school classroom, and stated he was high on methamphetamine and was considering shooting teachers and students.

          Patten is charged with hiring Barriss, also in December 2017, to swat individuals by making false reports to the Indianapolis (Indiana) Metropolitan Police Department and the Hamilton County (Ohio) Sheriff’s Department. Patten also allegedly schemed with Barriss to swat a high school in Lee’s Summit, Missouri, at the direction of an uncharged juvenile. In this case, Patten is also charged with making threats to injure in interstate commerce.

          Patel and Stewart are expected to make initial court appearances where they were arrested today in the Northern District of Illinois and the Northern District of Florida.

          An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

          Barriss pleaded guilty on November 13 to a total of 51 charges brought by federal prosecutors in Los Angeles, Kansas, and Washington, D.C. His sentencing in United States District Court in Wichita, Kansas, is scheduled for March 1. Pursuant to a plea agreement, Barriss has agreed to serve a sentence of 20 to 25 years in federal prison.

          The charge of conspiracy carries a statutory maximum sentence of five years in federal prison and the charge of conveying false information concerning the use of explosive device carries a statutory maximum penalty of 10 years in prison.

          The charge of making threats to injure in interstate commerce carries a statutory maximum penalty of five years in federal prison.

          The two bank fraud charges alleged against Patel each carry up to 30 years in federal prison.

          The investigation into the swatting incidents is being conducted by the Federal Bureau of Investigation.

          The cases announced today are being prosecuted by Assistant United States Attorney George E. Pence of the Terrorism and Export Crimes Section.

Cordova Woman has Pleaded Guilty to Conspiracy to Distribute Heroin Resulting in Fatal Overdose

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Memphis, TN – Glenda Aldape, 42, of Cordova has pleaded guilty to conspiracy to distribute heroin resulting in death and possession of heroin with intent to distribute. D. Michael Dunavant, U.S. Attorney for the Western District of Tennessee announced the guilty plea today.

According to information presented in court, on the evening of March 28, 2016, the victim, Sean Heywood agreed over the phone to buy half a gram of heroin from Aldape for $75. Aldape texted Sean that she was sending "Mitch" (later identified as 38-year-old David Mitchell Murray) to deliver the heroin. Sean lived with his father, mother and grandmother at the time.

At 10 p.m., Sean told his father he was going to a nearby Huey’s location to have a beer. Surveillance tape showed Sean entering the bar area of the restaurant a few minutes after 10 p.m. and having one beer. During this period, he spoke on the phone with Mitch at least twice. The tape then shows him leaving the restaurant. After a few minutes, he left the bar and got into a car with Mitch, who then sold the heroin to Sean. Mitch then drove Sean home.

At approximately 12:30 p.m., Sean’s father found Sean unresponsive on the bathroom floor. Memphis emergency personnel arrived at the house and pronounced Sean dead at 1:02 a.m. Law enforcement also responded and tagged all of the items as evidence – a plastic bag of heroin in his pocket, syringe, spoon and 0.19 grams of heroin, and Sean’s cell phone. The autopsy results concluded the cause of Sean’s death was a lethal dose of heroin.

The next day, on March 29, 2016, MPD officers conducted a forensic search of the victim’s cell phone. Detective Bogue with MPD took that information and discovered Sean had been buying drugs from Glenda Aldape. Bogue then used Sean’s phone and pretended to be Sean trying to set up another buy of heroin from Aldape at Huey’s. Officers set up surveillance and watched an individual arrive at Huey’s matching her description at approximately 10:15 PM. To confirm that this was her, Bogue texted her again while surveilling her, telling her to come to El Porton instead, which is next door. They witnessed her leave the Huey’s parking lot and drive to El Porton. Officers then closed in on her and arrested her. They searched her incident to arrest and found 0.47 grams of methamphetamine in her pocket, as well as 0.08 grams of heroin and various other pills in her purse. The 0.08 grams of heroin was packaged in exactly the same fashion as the heroin found in Sean’s pocket on the night of his death.

Aldape gave a statement to officers admitting to setting up the drug deal with Sean on the 28th, to sending Mitch to deliver the heroin to Sean that same night, and to being in possession of the heroin on the 29th in order to sell to Sean.

U.S. Attorney D. Michael Dunavant said, "Under our district-specific opioid strategy, heroin distribution cases resulting in death receive top priority for investigation and federal prosecution, regardless of quantity of heroin involved or the prior criminal record of the offender. Our Heroin Initiative also provides time-sensitive case coordination between law enforcement agencies and medical examiners, to ensure that opioid overdose death cases are investigated quickly and thoroughly to identify the nature and source of the drug distribution. The U.S. Attorney’s Office will aggressively prosecute and seek the maximum guidelines sentences in these cases in order to disrupt trafficking organizations, hold the distributor accountable for the death of the victim, and to deter others from selling poison to our citizens."

On August 20, 2018, Aldape's co-defendant, David Mitchell Murray, also pleaded guilty to conspiracy to distribute heroin resulting in death, and will be sentenced on March 1, 2019. Sentencing for Aldape is set for April 26, 2019, before U.S. District Judge John T. Fowlkes Jr. Both Aldape and Mitchell face a minimum sentence of 20 years and up to life imprisonment.

This case was investigated the Drug Enforcement Administration and the Memphis Police Department Organized Crime Unit (OCU).

Assistant U.S. Attorney J. William Crow is prosecuting this case on behalf of the government.

Six Individuals Charged With Conspiring To Traffic More Than $30 Million Of Contraband Cigarettes

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Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Philip R. Bartlett, Inspector-in-Charge of the New York Office of the U.S. Postal Inspection Service (“USPIS”), Angel M. Melendez, the Special Agent-in-Charge of the New York Field Office of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), Matthew Modafferi, Special Agent in Charge, U.S. Postal Service, Office of Inspector General, Northeast Area Field Office (“USPS-OIG”), and Joseph Fucito, New York City Sheriff, announced today the unsealing of an Indictment in Manhattan federal court charging SHAO JUN GUO, JIAN JIANG FENG, YUE JUAN CHEN, ZHURONG GAO, SHUI YING LIN, and WO KIT CHENG with conspiring to traffic contraband cigarettes and trafficking contraband cigarettes.  The defendants were arrested yesterday and will be presented before U.S. Magistrate Judge Robert W. Lehrburger today.  The case is assigned to U.S. District Judge Jesse M. Furman.  The defendants will be arraigned before Judge Furman on January 31, 2019, at 11:00 a.m.

As alleged in the Indictment, SHAO JUN GUO, JIAN JIANG FENG, YUE JUAN CHEN, ZHURONG GAO, SHUI YING LIN, and WO KIT CHENG conspired to traffic more than $30 million of contraband cigarettes to avoid approximately $30 million in taxes.  The case is assigned to United States District Judge Jesse M. Furman.

U.S. Attorney Geoffrey S. Berman said:  “As alleged, the defendants trafficked in massive quantities of contraband cigarettes, defrauding city, state, and federal governments of millions of dollars in tax revenue.  That is lost tax revenue that would be used to fund research into cancer and other smoking-related illnesses, and to fund cessation and anti-smoking programs.  These defendants’ alleged scheme to make millions, cheat taxing authorities, and deny funds for healthcare programs has gone up in smoke.”

USPIS Inspector-in-Charge Philip R. Bartlett said:  “These defendants thought they could get away with their scheme to distribute contraband cigarettes, avoiding regulations put in place to protect the public, businesses and the City from fraud.  Their illegal profit went up in smoke.”

HSI Special Agent-in-Charge Angel M. Melendez said:  “For the past six years these defendants smuggled untaxed cigarettes into the United States causing lost revenue to the U.S. economy to the tune of $30 million dollars in unpaid taxes.  Whether it be drugs, counterfeit goods or untaxed cigarettes, smuggling items into the United States is a crime that we at HSI take very seriously as we work every day to secure our borders.”

USPS-OIG Special Agent-in-Charge Matthew Modafferi said:  “In certain instances, the Special Agents of the U.S. Postal Service, Office of Inspector General will work with their law enforcement partners to stop those who use the U.S. Mail to facilitate their crimes.  We would like to thank the U.S. Attorney’s Office, USPIS, HSI, and New York City Sheriff’s Department for their collaborative efforts in developing this investigation.”

Sheriff Joseph Fucito said:  “The alleged criminal conduct of the defendants deprives all New Yorkers of significant tax revenues.  These lost revenues impact public safety, education, health, housing, and social services. The New York City DOF Sheriff’s Department will continue to investigate and pursue criminal conduct to ensure these invaluable services are sustained.”  

According to the allegations in the Indictment unsealed today in Manhattan federal court[1]:  From June 2013 through January 2019, the defendants engaged in a scheme to smuggle and traffic $30 million of untaxed cigarettes in the United States to avoid at least $30 million in taxes. 

*                *                *

SHAO JUN GUO, 42, of Brooklyn, New York, JIAN JIANG FENG of New York, New York, YUE JUAN CHEN, 41, of Bayside, New York,  ZHURONG GAO, 66, of New York, New York, SHUI YING LIN, 43, of Brooklyn, New York, and WO KIT CHENG, 44, of Brooklyn, New York, have each been charged with one count of conspiracy to traffic contraband cigarettes, which carries a maximum prison term of five years; and one count of trafficking contraband cigarettes, which carries a maximum prison term of five years.  The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Mr. Berman praised the outstanding investigative work of the USPIS, HSI, and the New York City Sheriff’s Department.

This case is being handled by the Office’s General Crimes Unit.  Assistant United States Attorneys Ryan B. Finkel, Elizabeth Espinosa, and Andrew Chan are in charge of the prosecution.

The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

 


[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.

MS-13 Gang Member Sentenced to 27 Years’ Imprisonment for Murder on Long Island

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Earlier today, at the federal courthouse in Central Islip, William Castellanos, also known as “Dizzy” and “Satanico,” a member of La Mara Salvatrucha, also known as the MS-13, a violent transnational criminal organization, was sentenced by United States District Judge Joseph F. Bianco to 27 years’ imprisonment.  The sentencing followed Castellanos’s February 2018 guilty plea to firearms-related murder charges in connection with the June 30, 2015 murder of 16 year-old Jonathan Cardona-Hernandez in Central Islip, New York. 

Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), Geraldine Hart, Commissioner, Suffolk County Police Department (SCPD), and Patrick J. Ryder, Commissioner, Nassau County Police Department (NCPD), announced the sentence.

“Castellanos brutally murdered Jonathan Cardona-Hernandez simply because he believed Cardona-Hernandez was a member of a rival gang,” stated United States Attorney Donoghue.  “With today’s sentence, Castellanos will pay for this senseless crime.  The defendant’s conviction and punishment reflects the commitment of this Office and our law enforcement partners to vigorously investigate, prosecute and dismantle MS-13 and any other gang that terrorizes our communities.”

“The success of our collaborative efforts with our law enforcement partners is evident in today’s sentencing — the latest in a series holding MS-13 members accountable for their despicable crimes,” stated SCPD Commissioner Hart. “The Suffolk County Police Department will continue to focus our resources on halting the violence that surrounds MS-13, and I would like to thank the Eastern District of New York and the Long Island Gang Task Force for their unwavering commitment to dismantling this violent street gang.”

“The arrest, conviction and sentencing of defendant William Castellanos in connection with the 2015 murder of 16 year-old Jonathan Cardona-Hernandez is an excellent example of the professionalism and dedication of numerous law enforcement agencies that have worked tirelessly and collaborated on this case,” stated NCPD Commissioner Ryder.  “Our residents and communities will be safer with defendant Castellanos incarcerated. Gangs and their heinous crimes can never be tolerated in any community and we are taking a proactive approach to keep our residents and police safe.”

Castellanos, who was a member of the Karlington Locos Salvatruchas clique of MS-13 (“KLS”) based in Central Islip, and two MS-13 co-conspirators targeted Cardona-Hernandez because they suspected that he was associated with a rival gang, known as “L-Block.”  In the early morning hours of June 30, 2015, Castellanos and his co-conspirators drove Cardona-Hernandez to the vicinity of Nicoll Avenue and Messina Street in Central Islip. When Cardona-Hernandez exited the car, Castellanos approached him from behind and shot him multiple times with a 9mm semi-automatic handgun.  The co-conspirators then took turns shooting Cardona-Hernandez with a second 9mm semi-automatic handgun.  Cardona-Hernandez was struck by at least 10 bullets and was found dead in the street.  The shooters fled the crime scene, met with an MS-13 leader and telephoned MS-13 leaders in El Salvador to report that the murder had been successfully carried out.  By the time of his arrest by the FBI’s Long Island Gang Task Force in May 2016, Castellanos had risen to the position of leader of the KLS clique.  

Today’s conviction is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members of MS-13.  MS-13’s leadership is based in El Salvador and Honduras, but the gang has thousands of members across the United States, comprised primarily of immigrants from Central America.  With numerous branches, or “cliques,” the MS-13 is the largest and most violent street gang on Long Island.  Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in the Eastern District of New York.  A majority of those MS-13 members have been convicted on federal racketeering charges for participating in murders, attempted murders and assaults.  Since 2010, this Office has obtained indictments charging MS-13 members with carrying out more than 45 murders in the district, and has convicted dozens of MS-13 leaders and members in connection with those murders.  These prosecutions are the product of investigations led by the FBI’s Long Island Gang Task Force, comprising agents and officers of the FBI, SCPD, NCPD, Nassau County Sheriff’s Department, Suffolk County Probation, Suffolk County Sheriff’s Department, Rockville Centre Police Department, the New York State Police, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. 

The government’s case is being handled by the Office’s Long Island Criminal Division.  Assistant United States Attorneys John J. Durham, Paul G. Scotti, Raymond A. Tierney, Michael T. Keilty and Justina L. Geraci are in charge of the prosecution.

The Defendant:

WILLIAM CASTELLANOS (“Dizzy” and “Satanico”)
Age: 22
Central Islip, New York

E.D.N.Y. Docket No. 16-CR-403 (JFB)

Federal Jury convicts Memphis man of Armed Pharmacy Robbery, firearm offense, and drug conspiracy

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Memphis, TN – A federal jury has convicted Jesse Robert Coop, 41, for the Armed Business Robbery of a CVS Pharmacy, brandishing a firearm during of a crime of violence, and conspiring to possess with the intent to distribute various controlled prescription drugs. D. Michael Dunavant, United States Attorney for the Western District of Tennessee announced the guilty verdict today.

According to the information presented in court, on April 27, 2018, two individuals, one black and one white, entered CVS Pharmacy located at 6620 Winchester Avenue in Memphis, Tennessee. The white individual walked around the store as the black individual pulled out a revolver and demanded drugs from the pharmacist. The pharmacist provided the individual with drugs from the safe, and then both individuals fled the business. Witnesses stated that they heard a motorcycle as the individuals left the area.

A tracking device had been placed in one of the pill bottles, and it led the Memphis Police to a residence located at 6070 Knightsbridge in Memphis. Officers surrounded the house and demanded everyone inside to exit. Keith Harrington and Jesse Coop exited the house and were later arrested without incident.

Officers later obtained a search warrant and found multiple pill bottles in the house containing various controlled substances. Coop admitted to participation in the robbery and that he was the driver of the motorcycle with Harrington as a passenger when they fled the pharmacy.

Based on the surveillance footage, defendant Harrington matched the description of one of the robbers, and the pharmacist also identified defendant Harrington in a photo line-up. The stolen prescription drugs had a total value of $44,250.

On August 21, 2018, a federal grand jury returned an indictment against defendant Jesse Coop and co-defendant Keith Harrington, 30, charging Robbery affecting interstate commerce (Hobbs Act) in violation of 18 U.S.C. 1951; use and carry of a firearm during and in relation to a crime of violence in violation of 18 U.S.C. 924(c); and conspiracy to possess with the intent to distribute controlled substances: Oxycodone, OxyContin, Morphine, Hydrocodone, and Nucynta.

On January 11, 2019, co-defendant Keith Harrington pled guilty to all of the indicted charges, and his sentencing is scheduled on April 12, 2019. On January 23, 2019, after a two-day trial, a jury found defendant Jesse Coop guilty as charged in the indictment. Sentencing for Coop is scheduled on May 3, 2019 before U.S. District Court Judge Sheryl H. Lipman. Coop and Harrington each face possible sentences of up to 20 years for the Hobbs Act Business Robbery, up to 20 years for each drug conspiracy count, and a mandatory minimum consecutive sentence of 7 years for brandishing a firearm during a crime of violence.

U.S. Attorney D. Michael Dunavant said, "Robberies of businesses with a firearm are especially dangerous and violent due to the high risk of death and serious bodily injury to innocent victims. Pharmacy robberies for controlled substances present the further dangerous risk of hundreds of prescription opioids being unlawfully distributed into the community, causing further potential addiction, injury, and death. As demonstrated in this case, we will not tolerate this senseless gun violence and will use all available resources to remove dangerous offenders from our communities for a very long time. Gun Crime is Max Time."

The case was investigated by the Memphis Police Department and the FBI Safe Streets Task Force.

Assistant United States Attorney Kevin Whitmore prosecuted this case on behalf of the government.

Fairview Heights Man Sentenced to Prison for Firearm Offense

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Steven D. Weinhoeft, United States Attorney for the Southern District of Illinois, announced today that on January 24, 2019, Michael Norris, 30, of Fairview Heights, Illinois, was sentenced for being a Felon in Possession of a Firearm. At the time of his arrest, Norris was on supervised release in a prior federal case involving a conviction for Possession of a Firearm by a Person with a Misdemeanor Conviction for a Crime of Domestic Violence. A petition to revoke Norris’s supervised release was filed in that case after his arrest.

Pursuant to a sentencing agreement, the Honorable Michael J. Reagan sentenced Robinson to a total of 3 years in federal prison combining the new conviction as well as the supervised release revocation case for sentencing purposes. Norris’s prison sentence will be followed by 3 years of supervised release. Norris also agreed to forfeit the firearm that he illegally possessed.

Court proceedings revealed that on April 7, 2018, a Fairview Heights police officer conducted a traffic stop on Norris’s vehicle for expired plates and excessive window tint. A records search indicated that Norris’s driver’s license was suspended. He was arrested for driving while his license was suspended. A search of his vehicle led to the discovery of a loaded 9mm handgun in the center console, as well as multiple baggies of marijuana.

The case was investigated by the Fairview Heights, Illinois, Police Department and prosecuted by Assistant United States Attorney Christopher Hoell.

Two Belleville Women Indicted for Fraud for Purchasing New Automobiles in False Names

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Yesterday, a federal grand jury for the Southern District of Illinois returned an indictment charging Tamecia C. Buckley, 36, of Belleville, Illinois, and Kyetia M. Hines, 36, also of Belleville, with conspiracy and wire fraud, announced Steven D. Weinhoeft, United States Attorney for the Southern District of Illinois. The charges arise from a scheme to purchase new automobiles in false names.

The indictment charges that in late October 2018, Buckley and Hines both submitted online credit applications under false names to Jansen Chevrolet in Germantown, Illinois. Then, on separate days, both Buckley and Hines went to Jansen Chevrolet and purchased new Chevy Malibus using those false names. For purposes of obtaining financing to purchase those cars, both Buckley and Hines provided the dealership with fraudulent documents containing the false names, including fake temporary Illinois driver’s licenses.

Both the charges of wire fraud and conspiracy to commit wire fraud carry maximum sentences of twenty years in prison and a fine of up to $250,000. The arraignments for both Buckley and Hines will be conducted on February 8, 2019, at 10:00 a.m. at the Federal Courthouse in East St. Louis, Illinois.

An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.

The investigation was conducted by agents from the Federal Bureau of Investigation, Springfield Division, Fairview Heights Resident Agency, the Illinois Secretary of State Police, and the Germantown, Illinois, Police Department. The case is being prosecuted by Assistant United States Attorney Scott A. Verseman.


Two Illinois Men Plead Guilty To Bombing Of Islamic Center

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Michael McWhorter, 29, and Joe Morris, 23, both of Clarence, Illinois, pleaded guilty today to multiple charges including federal civil rights charges in United States District Court in St. Paul, Minnesota.

United States Attorney for the District of Minnesota Erica H. MacDonald; United States Attorney for the Central District of Illinois John C. Milhiser; Assistant Attorney General for Civil Rights Eric S. Dreiband; and Jill Sanborn, Special Agent in Charge of the FBI's Minneapolis Division, announced today’s guilty pleas.

“The defendants engaged in a violent multi-state crime spree that terrorized communities, including members of the Dar al-Farooq Islamic Center in Minnesota. The defendants’ criminal acts are reprehensible and antithetical to our values as a nation. Every individual has the fundamental right to live life free from the threat of violence and discrimination, no matter who they are, what they believe, or where they worship,” said United States Attorney Erica H. MacDonald. “The dedication and collaboration of our law enforcement partners across several jurisdictions to bring these defendants to justice is a powerful example of our unwavering devotion to seek justice for all victims, and to prosecute to the fullest extent of the law any individual or group that seeks to threaten another’s civil rights through the commission of such vile hate crimes.”

"We will continue to work with our federal and state partners to identify and prosecute dangerous and radical groups that choose to terrorize our communities,” said United States Attorney John C. Milhiser.

"All people are entitled to live free from violence and fear, regardless of their religion or place of worship," said Assistant Attorney General Eric Dreiband of the Civil Rights Division. "The Justice Department is committed to holding hate crimes perpetrators accountable under the law for their dangerous and criminal actions against innocent community members."

“This crime was not only an attack on the intended target, it was meant to threaten and intimidate an entire community. Because of that wide-ranging impact, investigating this crime and others like it are high priority for the FBI,” said Jill Sanborn, Special Agent in Charge of the FBI Minneapolis Division. “The FBI is charged with protecting civil rights and our agents in both the Minneapolis and Springfield field offices in conjunction with the Joint Terrorism Task Force swiftly investigated this case side by side with the ATF, the Bloomington Police Department and other law enforcement partners with one singular goal – to bring the bombers to justice and most importantly to help the  Dar al-Farooq community begin to feel safe and secure once again.”

Defendants McWhorter and Morris pleaded guilty in the District of Minnesota to federal charges that originated in both the District of Minnesota and the Central District of Illinois. The pleas to the charges originating in the Central District of Illinois were entered in Minnesota pursuant to Federal Rule of Criminal Procedure 20, which allows for the transfer of charges for the entry of guilty pleas and the imposition of sentence. McWhorter, Morris, and co-defendant Michael Hari, 47, were federally indicted on possession of a machine gun; conspiracy to interfere with commerce by threats and violence (the Hobbs Act); and attempted arson, via a superseding indictment on May 2, 2018, in the Central District of Illinois. McWhorter, Morris, and Hari were indicted in the District of Minnesota on June 21, 2018, with federal civil rights charges, and possession and use of a destructive device in furtherance of a federal crime of violence.

McWhorter and Morris entered their guilty pleas earlier today before U.S. District Court Senior Judge Donovan Frank. Defendant Hari remains in custody in the Central District of Illinois.[1]

According to McWhorter’s and Morris’ guilty pleas, during the summer of 2017, Michael Hari started a militia group in central Illinois, which was eventually called  the “White Rabbits,” and which defendants McWhorter and Morris, together with others, joined.

According to McWhorter’s and Morris’ guilty pleas and documents filed in court, on August 4 and 5, 2017, McWhorter, Morris, and Hari drove in a rented truck from central Illinois to the Dar al-Farooq (“DAF”) Islamic Center in Bloomington, Minnesota, leaving their mobile phones in Illinois and avoiding toll roads in an attempt to remain undetected. The defendants stopped along the way to purchase diesel fuel and gasoline, which Hari mixed in a plastic container. About an hour outside of Minnesota, Hari disclosed to McWhorter and Morris that there was a pipe bomb in the truck (which had been created using previously purchased materials) and that they were going to bomb a mosque.

As admitted by McWhorter and Morris during their guilty plea hearings, the two, along with Hari, arrived at the DAF Islamic Center, at approximately five in the morning on August 5, 2017. Morris used a sledgehammer to break a window at the DAF Islamic Center and threw the plastic container containing the diesel fuel and gasoline mixture into the building. McWhorter then lit the fuse on the pipe bomb that Hari had built and threw the pipe bomb through the broken window at the DAF Islamic Center. According to the court documents, the window that was broken was part of the DAF Islamic Center Imam’s office. When the pipe bomb exploded, it ignited the mixture in the plastic container, causing extensive fire and smoke damage to the Imam’s office together with water damage caused when the building’s sprinkler system activated. McWhorter and Morris ran back to the truck, where Hari was waiting in the driver’s seat, and drove back to Illinois. At the time of the explosion, congregants were in the mosque for morning prayers, however, the Imam’s office was unoccupied and the bombing caused no fatalities or injuries.

According to their guilty pleas, Hari selected the DAF Islamic Center because it is an Islamic house of worship. McWhorter and Morris admitted that the bombing was an attempt to scare Muslims into believing they are not welcome in the United States, and should leave the country. The defendants also stated that the DAF Islamic Center was targeted, because they believed it was far enough away from central Illinois that the three thought it unlikely they would be suspected in the bombing.

As part of their guilty pleas, McWhorter and Morris admitted to participating in an armed home invasion in the town of Ambia, Indiana on December 16, 2017, where they, masquerading as police officers, carried firearms, including two that had been illegally converted into machine guns. McWhorter and Morris also conducted armed robberies of two Wal-Mart stores, along with co-defendant Hari, one in Watseka, Illinois, and one in Mt. Vernon, Illinois, on December 2, 2017 and December 17, 2017, respectively.

McWhorter and Morris also admitted that along with co-defendant Hari, they attempted to set on fire the Women’s Health Practice in Champaign, Illinois, on November 7, 2017. Morris admitted to breaking a window and placing an incendiary device in the Women’s Health Practice and to lighting a strip of magnesium that was being used as a fuse. However, the device did not ignite and was found on the floor by an employee of the Women’s Health Practice when the employee arrived to work that morning.

The Federal Bureau of Investigation is leading the investigation.

This case is being prosecuted by Assistant United States Attorneys John Docherty and Julie E. Allyn of the District of Minnesota, with assistance from Trial Attorney Timothy Visser of the Justice Department’s Civil Rights Division. The team also worked closely with Assistant United States Attorney Eugene Miller of the U.S. Attorney’s Office for the Central District of Illinois.

Defendant Information:

MICHAEL MCWHORTER, 29

Clarence, Ill.

Convicted:

  • Intentionally Obstructing, and Attempting to Obstruct, by Force and the Threat of Force, the Free Exercise of Religious Beliefs, 1 count
  • Carrying and Using a Destructive Device During and in Relation to Crimes of Violence, 1 count
  • Possession of a Machine Gun, 1 count
  • Conspiracy to Interfere with Commerce by Threats and Violence, 1 count
  • Attempted Arson, 1 count
     
    JOE MORRIS, 23
    Clarence, Ill.
     
    Convicted:
  • Intentionally Obstructing, and Attempting to Obstruct, by Force and the Threat of Force, the Free Exercise of Religious Beliefs, 1 count
  • Carrying and Using a Destructive Device During and in Relation to Crimes of Violence, 1 count
  • Possession of a Machine Gun, 1 count
  • Conspiracy to Interfere with Commerce by Threats and Violence, 1 count
  • Attempted Arson, 1 count
     
    MICHAEL HARI, 47
    Clarence, Ill.
     
    Charges in the District of Minnesota:
  • Intentionally Defacing, Damaging, and Destroying any Religious Real Property Because of the Religious Character of that Property, 1 count
  • Intentionally Obstructing, and Attempting to Obstruct, by Force and the Threat of Force, the Free Exercise of Religious Beliefs, 1 count
  • Conspiracy to Commit Federal Felonies by Means of Fire and Explosives, 1 count
  • Carrying and Using a Destructive Device During and in Relation to Crimes of Violence, 1 count
  • Possession of an unregistered destructive device, 1 count

 

Charges in the Central District of Illinois[2]:

  • Possession of a Machine Gun, 1 count
  • Conspiracy to Interfere with Commerce by Threats and Violence, 1 count
  • Attempted Arson, 1 count
  • Possession of a firearm by a felon, 1 count

 

 

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United States Attorney’s Office, District of Minnesota: (612) 664-5600

 

 

 

[1]The charges against defendant Michael Hari are accusations, and he is presumed innocent unless and until proven guilty.

Enforcer of a Drug Trafficking Organization Sentenced to Life for Heroin Trafficking and Murder Charges

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St. Louis, MO – Donald Stewart a/k/a “OG,” 55, of St. Louis, was sentenced to life in prison for conspiracy to distribute controlled substances and two counts of possession of a firearm (with death resulting) in furtherance of a drug trafficking crime.  He appeared before U.S. District Judge Catherine D. Perry.

According to the evidence presented at trial, defendant Donald Stewart a/k/a “OG,” was an enforcer for the Donald White drug trafficking organization.  Over several years, White’s drug trafficking organization engaged in acts of violence with a rival drug trafficking organization.  Defendant Stewart was recruited as a shooter for the White drug trafficking organization and engaged in several acts of violence for the organization.  Additionally, defendant Stewart was a street level heroin dealer for the organization.  Defendant Stewart’s residence in the 5100 block of Northland was used as a heroin distribution hub, used to store weapons, and used to plan out various acts of violence including murder committed by Stewart and other members of the organization.

On March 26, 2010, Michael McGill was lured to the 5200 block of Maffitt where he was gunned down by members of the White organization as part of the ongoing drug war.  On July 23, 2010, Darrion Williams, Jr. was lured to an alley behind the 5200 block of Maffitt for a purported drug deal where he was gunned down by Stewart and other members.

On April 25, 2013, defendant Terrance Wilson, a/k/a “Mutt,” entered pleas to drug conspiracy and firearms charges.  According to the plea agreement defendant Wilson also served as an enforcer for the White drug trafficking organization and participated in both the McGill and Williams murders.

In May of 2018, after a ten-day trial and 62 witnesses, a federal jury returned the three guilty verdicts.  The conviction of Donald Stewart and Terrance Wilson along with previous convictions of Donald White and members of his organization has dismantled the drug organization and ended their reign of violence. 

The case was investigated by the St. Louis Metropolitan Police Department’s Intelligence and Homicide Divisions, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Federal Bureau of Investigation.

Memphis Man Sentenced to 151 Months in Prison for Selling Heroin and Other Drugs

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Memphis, TN – Antonio Rucker, 39, has been sentenced to 151 months in the Federal Bureau of Prisons for possession with intent to distribute 100 grams of heroin, 125 grams of cocaine, and over 100 oxycodone pills. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the sentence today.

According to information presented in court, on March 15, 2018, the Memphis Police Department Organized Crime Unit stopped a vehicle for a traffic violation in Memphis. The driver of the vehicle was identified as Antonio Rucker. Officers immediately smelled marijuana upon approaching the vehicle. A further search of the vehicle revealed a box in the floorboard containing 100 grams of heroin, 125 grams of cocaine, and over 100 30 milligram oxycodone pills. Rucker was arrested and indicted for the above federal drug offenses.

At his change of plea hearing in October, Rucker admitted to possessing the heroin, cocaine, and oxycodone with the intent to distribute. Rucker was determined to be a career offender under the United States Sentencing Guidelines due to the fact that he had several prior felony drug convictions on his record. At the sentencing hearing before U.S. District Court Judge John T. Fowlkes, Jr., Rucker was sentenced to 151 months imprisonment

.U.S. Attorney D. Michael Dunavant said: "Drug trafficking is an inherently dangerous business that is often conducted by recidivist offenders who have dedicated their lives to criminal activity, and who have no regard for the addiction, injury, and death caused by their sale of illegal drugs. This sentence demonstrates our commitment to remove career drug traffickers from our streets by seeking significant mandatory sentences for selling poison in our community."

This case was investigated by the Memphis Police Department Organized Crime Unit, with assistance from the Tennessee Bureau of Investigation.

Special Assistant United States Attorney Joseph Griffith prosecuted the case on behalf of the government.

This case is part of the West Tennessee Heroin Initiative, a joint task force of attorneys and law enforcement from both federal and state agencies dedicated to reducing the supply of heroin and opioids in Memphis and Shelby County.

Fort Bend County Man Arrested for Attempting to Provide Material Support to a Designated Foreign Terrorist Organization

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HOUSTON – A former Sugar Land resident has been arrested and detained for attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), announced U.S. Attorney Ryan K. Patrick, Assistant Attorney General for National Security John Demers and Special Agent in Charge Perrye K. Turner of the FBI’s Houston Field Office.

A federal grand jury returned a sealed indictment against Warren Christopher Clark, 34, Jan. 23, 2019. It was unsealed today following his initial appearance in federal court before U.S. Magistrate Judge Peter Bray in Houston. He is set for a detention hearing Wednesday.

Clark was captured in Syria by the Syrian Democratic Forces, transferred to U.S. law enforcement custody this week and arrived yesterday in the Southern District of Texas.

"The arm of American Justice has a lengthy reach,” said Patrick. “The number one priority of the Southern District of Texas, along with the FBI and our other national security partners, is to keep America safe. The protection of life is the most sacred job law enforcement has."

Clark is charged with attempting to provide himself as material support to ISIS, which the Secretary of State designated as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act. 

“The FBI continues to aggressively pursue individuals who attempt to join the ranks of ISIS’s foreign fighters or try to provide support for other terrorist organizations. This fight against terrorism is not one we can combat alone,” said Turner. “The FBI relies on our domestic counterparts and foreign law enforcement agencies, as well as the public. Anyone who has information about individuals who have traveled or are planning to travel overseas to support terrorist groups should report it immediately to their local FBI office.”

The charged material support violation carries a possible penalty of up to 20 years in federal prison and a maximum $250,000 fine, upon conviction.

The FBI Joint Terrorism Task Force and police departments in Houston and Sugar Land conducted the investigation. Assistant U.S. Attorneys Stephen Mark McIntyre and Craig M. Feazel and Trial Attorney Michael J. Dittoe of the Justice Department’s Counterterrorism Section are prosecuting the case.

An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.

Internet Stalker Sentenced to More than 14 Years in Federal Prison

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DENVER – Eric Ronald Bolduan of Rochester, Minnesota was sentenced to 171 months in federal prison for stalking and making interstate threats against college students, U.S. Attorney Jason R. Dunn and FBI Denver Special Agent in Charge Dean Phillips announced.  United States District Court Judge Christine Arguello entered the sentence against Bolduan on January 24, 2019.  Bolduan was remanded into the custody of the United States Marshals.  After serving his sentence, Bolduan is required to register as a sex offender.

Bolduan pled guilty without a plea agreement on September 6, 2018, to stalking and making interstate threats.  According to facts relied upon during sentencing, including a statement of facts filed with the Court, Bolduan sent emails and text messages to a female student at the University of Colorado, threatening to kill her and her sister.  He then posted pictures of the victim’s face on pornography websites, listing her actual contact information.  His posts included pornographic pictures of women that were not the victim, but resembled her.  Bolduan then sent messages to the victim, stating his intent to spend his free time “hunting you!”  He wrote:  “I will find you and watch you – sticking to the shadows, learning your patterns.  When the time is right I will strike…”

The investigation revealed that Bolduan sent similar emails, text messages, and posts to a total of four victims in Colorado, but also to other victims at universities and high schools across the country.  The defendant used an “anonymizer” which prevented his victims from learning his actual name or from knowing from where the threatening emails, text messages, or posts were coming.  The messages were sent not only to female victims, but also to other students, friends, and family members. 

“The victims in this case experienced real and profound suffering because of the acts of this defendant,” said United States Attorney Jason Dunn.  “It’s possible that more young women have been victimized but just haven’t been able to identify their assailant.  We encourage anyone who has experienced this kind of threat to call the FBI.”

“Eric Bolduan’s sentence illustrates the FBI’s commitment to protecting our communities,” said FBI Denver Special Agent in Charge Dean Phillips. “The FBI will continue to work diligently with our law enforcement partners and the United States Attorney’s Office to investigate and prosecute cases involving online threats and attempts to victimize innocent citizens through the Internet.”

Individuals who believe they may be victims are encouraged to contact the FBI at the following number: (303) 629-7171 (Option 1)

This case was investigated by the Denver Division of the Federal Bureau of Investigation together with the University of Colorado and Boulder Police Departments.  Assistant United States Attorney Valeria Spencer is handling this prosecution.

CASE NUMBER:           17-cr-0384-CMA

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McNairy County Man Sentenced to 300 Months for Drug Conspiracy, Being a Felon in Possession of Firearms, and Possessing Firearms in Furtherance of Drug Trafficking Offenses

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Memphis, TN – Joshua Tucker, 30, of Selmer, TN has been sentenced to a total of 300 months in the Federal Bureau of Prisons for conspiring to distribute and distributing actual methamphetamine, and being a felon in possession of firearms in furtherance of drug trafficking crimes. D. Michael Dunavant, United States Attorney for the Western District of Tennessee announced the sentence today.

According to the information presented in court, Joshua Tucker was a member of a drug conspiracy operating throughout West Tennessee from October 2016 to April 2017. The investigation led to the federal prosecution of Tucker, along with eleven other co-conspirators, who sold large amounts of methamphetamine at various locations throughout West Tennessee, including Bath Springs, Lexington, Parsons, Selmer, Reagan, Lutts, and Milledgeville and Iuka, MS.

Tucker’s conviction and 25 year sentence results from an extensive investigation by federal, state and local law enforcement officials into a drug trafficking organization involving co-defendant Kevin Smith and his associates, including Joshua Tucker. Agents with the Drug Enforcement Administration (DEA), Tennessee Bureau of Investigation (TBI), West Tennessee 24th Judicial District Drug and Violent Crime Task Force, and Tennessee Highway Patrol (THP) conducted a yearlong investigation and utilized various investigation strategies to determine that Tucker had sold over two kilograms of actual methamphetamine (ICE) to co-conspirators who resold the ICE between December 2016 and April 2017.

The investigation further revealed that Tucker, a convicted felon, possessed firearms in furtherance of his drug trafficking. On April 27, 2017, investigators with McNairy County Counter-Drug Unit and Selmer Police Department executed a probation search at Tuckers home. During the search, officers located an AR-15 style rifle along with a 9 mm pistol in Tuckers bedroom. Officers located approximately 20 grams of ICE packaged for resale in a safe containing two digital scales and $5,677.75. In the same room, officers located drugparaphernalia including boxes of plastic baggies and pipes as well as .223 and 9mm ammunition. Investigators also seized five vehicles. After searching the vehicles, officers located over 400 grams of methamphetamine inside a container under the driver seat of one of the cars.

U.S. Attorney Dunavant said, "Armed Drug Trafficking Organizations will NOT continue to endanger our communities in West Tennessee with impunity. We use all available law enforcement and prosecutorial resources to pursue, disrupt and dismantle groups and conspiracies that are most responsible for the illegal sale of this poison to our citizens, and to remove dangerous offenders with firearms from our streets. This defendant and his co-conspirators have sowed addiction, pain, and destruction into our communities, and now they will reap a long prison sentence as a consequence."

"The DEA and our law enforcement partners are committed to ridding our communities of those who wish to do harm through the trafficking of dangerous drugs," said D. Christopher Evans, Special Agent In Charge of DEA’s Louisville Field Division, which oversees the agency’s operations in Tennessee. "Mr. Tucker and those like him should expect to meet the full weight of the criminal justice system," Evans added.

Tucker was originally charged with several offenses, including:

• conspiracy to possess with the intent to distribute 50 grams or more of actual methamphetamine;

• aiding and abetting each other to possess with the intent to distribute 50 grams or more of actual methamphetamine;

• knowingly possessing with intent to distribute 50 grams or more of actual methamphetamine;

• being a felon in possession of an AR-15 style rifle;

• being a felon in possession of a 9 mm pistol;

• possessing the AR-15 style rifle in furtherance of a drug trafficking offense; and

• possessing the 9 mm pistol in furtherance of a drug trafficking offense.

After a four-day jury trial in September, 2018, the defendant was found guilty as charged in each count.

On January 24, 2019, Chief U.S. District Court Judge S. Thomas Anderson sentenced Tucker to 240 months for the conspiracy to distribute and distributing actual methamphetamine; 120 months concurrent sentence for being a felon in possession of firearms; and 60 months mandatory consecutive sentence for possession of firearms in furtherance of drug trafficking offenses, for an overall total sentence of 300 months (25 years). Tucker was also sentenced to supervised release for a period of 5 years.

The case was investigated by the Drug Enforcement Administration (DEA), Tennessee Bureau of Investigation (TBI), West Tennessee 24th Judicial District Drug and Violent Crime Task Force, and Tennessee Highway Patrol (THP), along with McNairy County Counter-Drug Unit and Selmer Police Department.

Assistant United States Attorney Hillary Parham prosecuted this case on the government’s behalf.

Las Vegas, NV, Man Sentenced to 45 Years for Offenses Involving Transportation of a One-Year-Old Child for the Purpose of Sexual Abuse

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FARGO– United States Attorney Christopher C. Myers announced that on January 25, 2019, Chief United States District Court Judge Daniel L. Hovland, sentenced Bryan James Hogle, age 43, Las Vegas, NV, to serve 45 years in prison, followed by a lifetime of supervised release for the charges of Conspiracy to Transport a Minor, and Coercion and Enticement.  Hogle was further ordered to pay restitution in the amount of $12,640 to the victim and $200 in special assessments to the Crime Victims’ Fund.  Hogle has a prior conviction for sexually abusing a child in New Hampshire in 2008.

 This case was brought to the attention of law enforcement after Dustin W. Kewley, Fargo, ND began communicating with an undercover officer from the Metropolitan Police Department – FBI Child Exploitation Task Force in Washington, DC.   During the investigation of Kewley and subsequent forensic examination of his computer and cell phone, it was determined there were text conversations between Hogle and Kewley, wherein they discussed in horrific detail their plan to meet for the purpose of sexually abusing a one-year-old child.   

On May 22, 2017, Kewley transported the one-year-old child from Fargo, North Dakota, to Moorhead, Minnesota, to meet Hogle, who traveled from Las Vegas, Nevada, the previous day.  The two men met at a hotel in Moorhead where together they sexually abused the child.  Kewley and Hogle subsequently took steps to conceal their crime such as deleting their communications and bathing the child. 

On January 8, 2019, Kewley was sentenced to serve 35 years in prison, followed by a lifetime of supervised release for the charges of Conspiracy to Transport a Minor, Transportation of a Minor, Distribution of Materials Containing Child Pornography, and Possession of Materials Containing Child Pornography.

This case was investigated by the North Dakota Bureau of Criminal Investigation; Federal Bureau of Investigations; Homeland Security Investigations; and FBI Child Exploitation Task Force. 

Assistant United States Attorney Jennifer Puhl prosecuted the case.

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by U.S. Attorney’s Offices throughout the nation, Project Safe Childhood, in conjunction with Internet Crimes Against Children Task Force (ICAC), help federal, state, and local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communications systems, or computer technology to sexually exploit children. The ICAC Program is a national network of 61 coordinated task forces engaging in proactive investigations, forensic investigations, and criminal prosecutions. Project Safe Childhood also helps to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

 

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Hastings Man Sentenced for Failing to Register

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United States Attorney Joe Kelly announced that Michael Brandon Richardson, 29, formerly of Hastings, Nebraska, was sentenced today in Lincoln, Nebraska, to 2 years in prison by Senior United States District Judge Richard G. Kopf, for failing to register under the Sex Offender Registration and Notification Act (SORNA).  After his release from prison, Richardson will serve five years on supervised release and still be required to register.   

SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.

Richardson was convicted previously of Sexual Assault/Incompetent - 3rd Degree (a Misdemeanor) on January 13, 2009, in Nuckolls County District Court, Nebraska, and was required to register as a sex offender for 15 years.  After that conviction, Richardson relocated to Georgia where he initially registered but then failed to re-register, and a warrant was issued.  In February, 2018, the Nebraska State Patrol was informed by Georgia law enforcement that Richardson appeared to have obtained a Nebraska driver’s license in November, 2017, and had listed an address in Hastings.  After investigation it appeared that Richardson had been living and working in Hastings since June of 2017, but was now living in Superior, Nebraska.  The Nebraska State Patrol confirmed that Richardson had not registered as a sex offender in Nebraska since his return from Georgia.  Richards was arrested by the U.S. Marshals in August, 2018, and has remained in custody since that time.

This case was investigated by the Nebraska State Patrol and the United States Marshals Service.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

January Grand Jury

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United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 28 indictments charging 33 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.

*          Aaron Arrellano-Abarca, age 40, of Omaha, is charged with illegal reentry after deportation from on or about January 4, 2019.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.

*          Ramon Barcenas-Diaz, age 30, of Omaha, is charged with illegal reentry after deportation from on or about January 4, 2019.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.

*          Ian Beals, age 25, of Omaha, is charged with felon in possession of a firearm on or about April 26, 2018. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.

*          Daniel Robert Berge, age 35, of Lincoln, Nebraska, is charged in a two-count Indictment.  Count I of the Indictment charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine beginning on or about December 13, 2018.  The maximum possible penalty if convicted is Life imprisonment, not more than $10,000,000 fine, not less than an 8-year term of supervised release, and a $100 special assessment.  Count II of the Indictment charges the defendant with felon in possession of a firearm on or about December 13, 2018.  The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a 3-year term of supervised release, and $100 special assessment.

*          Erica L. File, age 33, and Marcus D. File, age 35, are charged with theft of US currency from her employer, First Nebraska Bank, in the amount of $12,143.00 on or about August 10, 2017.  The maximum possible penalty if convicted is 30 years’ imprisonment for each, a $1,000,000 fine for each, a 3-year term of supervised release for each, and a $100 special assessment for each. 

*          Omar Garcia-Sanchez, age 35, of Las Vegas, Nevada, and Lanae Biggs, age 28, of Las Vegas, Nevada, are charged with possession with intent to distribute 500 grams or more of methamphetamine and marijuana on or about October 28, 2018.  The maximum possible penalty if convicted is Life imprisonment, not more than $10,000,000 fine, not less than a 5-year term of supervised release, and a $100 special assessment.  

*          Damingo Burks, age 30, of Omaha, is charged with felon in possession of a firearm on or about November 18, 2018. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.

*          David E. Doll, age 59, of Bennington, Nebraska, is charged in a five-count Indictment.  Counts I-V charge the defendant with failure to pay over withholding and FICA taxes from on or about September 30, 2012, and continuing through at least on or about June 30, 2013.  The maximum possible penalty if convicted is 5 years’ imprisonment for each count, a $250,000 fine for each count, a 3-year term of supervised release for each count, and a $100 special assessment for each count.

*          Nicholas Gragg, age 27, of Omaha, is charged with felon in possession of a firearm on or about December 11, 2018. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.

*          Carlos Hernandez-Degante, age 24, is charged with illegal reentry after deportation from on or about December 23, 2018.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.

*          Miguel Angel Lopez Alvarado, age 24, of Omaha, is charged with illegal reentry after deportation from on or about December 31, 2018.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.

*          Timothy Lukowski, age 45, of Omaha, is charged with Bank Fraud on or about September 5, 2018, and continuing on or about September 21, 2018.  The maximum possible penalty if convicted is 30 years’ imprisonment, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment. 

*          Javier Marino-Ortiz, age 47 of Columbus, Nebraska, is charged with illegal reentry after deportation on or about January 14, 2019, following an aggravated felony conviction.  The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. 

*          Ronald L. Miner, age 38, is charged with conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine between on or about January 1, 2015, continuing on or about October 30, 2018.  The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, NLT 5-year term of supervised release, and a $100 special assessment. 

*          Carlos M. Molina, Jr., age 41, of Omaha,and Whitney G. Volenec, age 34, of Omaha, are charged in a four-count Indictment.  Count I charges the defendants with conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine (actual) between on or about October, 2018 continuing on or about November, 2018.  The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment.  Count II charges the defendants with distribution of 50 grams or more of methamphetamine (actual) on or about October 18, 2018.  The maximum possible penalty if convicted is Life imprisonment, not more than $10,000,000 fine, a 5-year term of supervised release, and a $100 special assessment.  Count III charges Volenec with distribution of 5 grams or more of methamphetamine (actual) on or about October 1, 2018.  The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a 4-year term of supervised release, and a $100 special assessment.  Count IV charges Volenec with distribution of 5 grams or more of methamphetamine (actual) on or about October 10, 2018.  The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a 4-year term of supervised release, and a $100 special assessment.  

*          Thomas Newland, age 34, of Omaha, is charged in a three-count Indictment.  Count I charges the defendant with distribution of methamphetamine resulting in death on or about May 22, 2018.  The maximum possible penalty if convicted is Life imprisonment, not more than $10,000,000 fine, not less than a 5-year term of supervised release, and a $100 special assessment.  Count II charges the defendant with possession with intent to distribute fentanyl on or about May 22, 2018.  The maximum possible penalty if convicted is 20 years’ imprisonment, not more than $1,000,000 fine, a 3-year term of supervised release, and a $100 special assessment.  Count III charges the defendant with possession with intent to distribute methamphetamine on or about May 22, 2018.  The maximum possible penalty if convicted is 20 years’ imprisonment, not more than $1,000,000 fine, a 3-year term of supervised release, and a $100 special assessment.   

*          Jaime Carlos Ortiz Vidales, age 34 of Omaha, is charged with illegal reentry after deportation on or about January 8, 2019, following an aggravated felony conviction.  The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. 

*          Manuel Palma-Peralta, age 30, of Omaha, is charged with illegal reentry after deportation from on or about January 14, 2019.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.

*          Tawhyne M. Patterson, age 25, Damon D. Williams, age 27, and Dante D. Williams, age 25,are charged in a two-count Indictment.  Count I charges the defendants with murder with a firearm during a crime of violence on or about July 31, 2018.  The maximum possible penalty if convicted is Life imprisonment, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment.  Count II charges the defendants with robbery of personal property, U.S. currency in the amount of $85,000 on or about July 30, 2018, and continuing through July 31, 2018.  The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. 

*          Logan P. Reifschneider, age 23, of Mitchell, Nebraska, is charged in an eight-count Indictment.  Count I charges the defendant with false statements to a financial institution on or about November 8, 2011.  The maximum possible penalty if convicted is 30 years’ imprisonment, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment.  Count II charges the defendant with unauthorized use of Access Devises from on or about July 18, 2015 to on or about September 28, 2015.  The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.  Count III charges the defendant with aggravated identity theft on or about February 9, 2015.  The maximum possible penalty if convicted is 2 years’ imprisonment consecutive, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.  Count IV charges the defendant with false statements to a financial institution on or about September 28, 2018.  The maximum possible penalty if convicted is 30 years’ imprisonment, a $250,000 fine, a 5-year term of supervised release, and a $100 special assessment. Count V charges the defendant with unauthorized use of Access Devises from on or about May 10, 2015, to on or about January 8, 2017.  The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.  Count VI charges the defendant with aggravated identity theft on or about May 30, 2016.  The maximum possible penalty if convicted is 2 years’ imprisonment consecutive, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.  Count VII charges the defendant with aggravated identity theft on or about September 15, 2016.  The maximum possible penalty if convicted is 2 years’ imprisonment consecutive, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.  Count VIII charges the defendant with aggravated identity theft on or about December 22, 2016.  The maximum possible penalty if convicted is 2 years’ imprisonment consecutive, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. 

*          Alfonso Us-Juarez, age 20, of Omaha, and Maria Reyes-Taperia De Us, age 22, of Omaha, are charged with destroying two GPS units belonging to the United State on or about January 4, 2019.  The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine for each, a 3-year term of supervised release for each, and a $100 special assessment for each.

*          Juan Carlos Ruiz Palacios, age 40, of Omaha,is charged in a five-count Indictment.  Count I charges the defendant with distribution of 50 grams or more of methamphetamine on or about May 15, 2015.  The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, NLT 4-year term of supervised release, and a $100 special assessment. Counts II through IV charges the defendant with distribution of methamphetamine on or about May 27, 2015, June 19, 2015 and July 2, 2015.  The maximum possible penalty if convicted is 20 years’ imprisonment each count, not more than $1,000,000 fine each count, a 3-year term of supervised release each count, and a $100 special assessment each count.  Count V charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about July 9, 2015.  The maximum possible penalty if convicted is Life imprisonment, $10,000,000 fine, a 5-year term of supervised release, and a $100 special assessment. 

*          Frank Sadecki, age 34, of Omaha, is charged with possession with intent to distribute 50 grams or more of methamphetamine on or about November 15, 2018.  The maximum possible penalty if convicted is 40 years’ imprisonment, not more than $5,000,000 fine, not less than a 4-year term of supervised release, and a $100 special assessment. 

*          Edilberto Sandoval-Ortiz, age 41, is charged with illegal reentry after deportation from on or about December 20, 2018.  The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a 1-year term of supervised release, and a $100 special assessment.

*          Rowland Sudbeck, age 61, of Hartington, Nebraska, is charged with possession with intent to distribute 500 grams or more of methamphetamine on or about November 15, 2018.  The maximum possible penalty if convicted is Life imprisonment, not more than $10,000,000 fine, 5-year term of supervised release, and a $100 special assessment. 

*          Ramon Verjan-Velazquez, age 47, is charged with illegal reentry after deportation following a felony conviction on or about January 17, 2019.  The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.

*          Aron Villareal Moreno, age 40, of Grand Island, Nebraska, is charged with illegal reentry after deportation following a felony conviction on or about August 16, 2018.  The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.

*          Jordan Wolfe, age 20,is charged in a two-count Indictment.  Count I charges the defendant with assault with a dangerous weapon with intent to do bodily harm on or about December 2, 2018.  The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment.  Count II charges the defendant with assault resulting in serious bodily harm on or about December 2, 2018.  The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a 3-year term of supervised release, and a $100 special assessment. 

Former Greenville Inmate Will Remain Behind Bars After Shanking Conviction

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The federal prison sentence for Detrick L. Layfield just got a lot longer. The 40-year-old inmate has been sentenced to nearly eight more years in custody for assaulting another prisoner with a makeshift weapon at the federal correctional institution in Greenville, Illinois. The 92-month sentence Layfield received this week was ordered to run consecutively to the 110-month sentence he was already serving on a firearms conviction he sustained in the Western District of Kentucky. Layfield had been scheduled for release in July 2019 before the attack.

In October 2017, Layfield was charged in the Southern District of Illinois with the prison assault, possession of contraband by a federal inmate, and attempted obstruction of justice. A federal jury in East St. Louis, Illinois, convicted him on all three charges after a two-day trial last September.

The evidence at trial established that, on September 1, 2017, Layfield was being housed at FCI-Greenville when he assaulted the victim – a fellow inmate identified in court documents only as "S.D."– with a sharp, improvised weapon known as a "shank." The attack was purportedly motivated by the fact that S.D. had been telling other inmates that Layfield did not pay his debts. A portion of the assault was caught on videotape and shown to the jury during the trial. Immediately after the attack, Layfield asked two other inmates to help him hide the weapon. One of the inmates went to the laundry room and hid the shank in a dryer. The weapon was later found after the two men were questioned and confessed their role in the attempted cover up. Shanks and other weapons are considered prison contraband, possession of which constitutes a separate offense.

The case was investigated by the Bureau of Prisons’ Special Investigations Section and the Federal Bureau of Investigation. The prosecution was handled by Assistant United States Attorney Angela Scott.

Alton Man Admits to Producing, Distributing Child Pornography

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Travis J. Varble, 42, of Alton, Illinois, has pleaded guilty to producing and distributing child pornography using a minor identified in court documents as "K.M." The offenses were committed between December 2012 and December 2013 in Madison County, Illinois. Varble is currently in state custody at the Danville Correctional Center serving a 17-year sentence for predatory criminal sexual assault and aggravated criminal sexual abuse of a minor under 13 years old.

According to the stipulation of facts agreed to by the parties, on at least two occasions, Varble employed, persuaded, induced, enticed, or coerced K.M. to engage in sexually explicit conduct for the purpose of producing a visual depiction of that conduct. Varble then streamed the two explicit videos of K.M. over the internet to another individual.

Varble’s sentencing is scheduled for April 25, 2019, in Benton, Illinois. He faces 15 to 30 years in prison on counts one and two (production of child pornography), and 5 to 20 years on count three (the distribution charge). All three counts also carry a fine of up to $250,000, and the possibility of a lifetime term of supervised release.

The case was investigated by the Department of Homeland Security, Homeland Security Investigations. Assistant United States Attorney Angela Scott is prosecuting the case.

Meth Conspiracy Sends Richland County Man to Prison for More Than 20 Years

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Justin R. Mason, 35, of Olney, Illinois, has been sentenced to 262 months in federal prison on methamphetamine-related charges, Steven D. Weinhoeft, United States Attorney for the Southern District of Illinois, announced today.

Mason previously pleaded guilty to a one-count federal indictment charging him with conspiracy to distribute 50 grams or more of methamphetamine (Ice) or 500 grams or more of a mixture and substance containing methamphetamine. The conspiracy occurred between August 2017 and March 2018, in Richland County and elsewhere.

Two other Olney residents were also indicted with Mason. Brianna N. Bare, 26, and Harvey L. Ireland, 35, have both pleaded guilty to their role in the charged conspiracy. Bare also pleaded guilty to two counts of meth distribution and was sentenced on December 27, 2018, to 87 months imprisonment. Ireland is scheduled to be sentenced on February 13, 2019.

The investigation in this case was conducted by the Richland County Sheriff’s Office.

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