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Waterloo Man Sentenced to Ten Years in Prison after Illegally Possessing Gun Used in Shooting of 17 Year-Old Boy

A Waterloo man who illegally possessed a gun he used to shoot a minor was sentenced today to the maximum allowed under the law, ten years in prison.

Eric Cortez Sallis, age 27, from Waterloo, Iowa received the prison term after a July 14, 2017, guilty plea to possessing a firearm and ammunition as a felon.

At the guilty plea, Sallis admitted that on December 10, 2016, he illegally possessed a loaded Sig Sauer 9mm handgun.  Police located the gun during a search of an apartment in Waterloo.  Evidence at the sentencing hearing established that Sallis had shot another person on November 27, 2016.  On that day, while at a residence in Waterloo, Sallis confronted a 17 year-old boy.  During the confrontation, Sallis shot the boy three times.  The victim was taken to Allen Memorial Hospital and treated for gunshot wounds.  Law enforcement examined the gun that police seized on December 10 and determined it was the gun used in the shooting.  Sallis admitted to shooting the victim at the sentencing hearing. 

Sallis was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Sallis was sentenced to 120 months’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.  Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.  In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

Sallis is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Lisa C. Williams and was investigated by a Federal Task Force composed of the Waterloo Police Department, Federal Bureau of Investigation, and Bureau of Alcohol Tobacco and Firearms assisted by the Black Hawk County Sheriff’s Office and Cedar Falls Police Department. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl

The case file number is 17-CR-2017.

Follow us on Twitter @USAO_NDIA.


Federal Grand Jury Charges Non-Indian Man from Espanola with Federal Child Sexual Abuse Offenses

ALBUQUERQUE – A federal grand jury has filed an indictment charging Kevin Vigil, 52, a non-Indian man from Espanola, N.M., with child sexual abuse offenses, announced U.S. Attorney John C. Anderson, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Special Agent in Charge William McClure of District IV of the BIA’s Office of Justice Services.

The indictment charges Vigil with two counts of aggravated child sexual abuse.  The indictment alleges that Vigil sexually abused an Indian child under the age of twelve years on Feb. 4, 2018, on Ohkay Owingeh Pueblo in Rio Arriba County, N.M.  Vigil is scheduled to be arraigned on the indictment in federal court in Albuquerque, N.M., on March 21, 2018. 

Vigil has been in federal custody since Feb. 17, 2018, following his arrest on a criminal complaint.  If convicted of the aggravated sexual abuse charges, Vigil faces a statutory mandatory minimum penalty of 30 years and a maximum of life in federal prison.   Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

This case was investigated by the Santa Fe office of the FBI and the Northern Pueblos Agency of the BIA’s Office of Justice Services with assistance from the Ohkay Owingeh Tribal Police Department and the New Mexico State Police.  The case is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback as part of the Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, 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 http://www.justice.gov/psc/.  Individuals with information relating to suspected child predators and suspected child abuse are encouraged to contact the Children’s Advocacy Center tipline at (575) 526-3437.

Colombian Drug Kingpin Found Guilty by Miami Federal Jury

Colombian drug kingpin Henry de Jesus Lopez Londoño was convicted today by a jury in Miami.

Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, and Adolphus P. Wright, Special Agent in Charge, Drug Enforcement Administration (DEA), Miami Field Division, made the announcement.

A Miami jury found Henry de Jesus Lopez Londoño, a/k/a “Mi Sangre,” 47, a citizen of Colombia, guilty today of conspiring to distribute over five kilograms of cocaine with the knowledge that it would be unlawfully imported into the United States, in violation of Title 21, United States Code, Sections 959 and 963.  Sentencing is set for May 30, 2018 at 10:30 a.m. in Miami.  The defendant faces a maximum statutory sentence of life in prison.

The evidence presented at the sixweek trial, which included the testimony of special agents from DEA, Homeland Security Investigations, the Internal Revenue Service, Argentinean National Police, and multiple co-conspirators, showed that the defendant in Colombia was as a leader of the Urabeños, one of the largest and most dangerous drug cartels in the world.  As a leader, the defendant was part of a drug distribution chain spanning from Colombia to Central America, Mexico, and the United States.  The evidence at trial showed that as part of this conspiracy, the defendant was responsible for trafficking over 60,000 kilograms of cocaine.  The evidence at trial also revealed that at one point, Lopez Londoño attempted to cooperate with U.S. law enforcement.  However, when it was discovered that the defendant was lying and committing acts of violence, he became a target of investigation.  That trial evidence further showed that Lopez Londoño had engaged in unauthorized drug trafficking activities while attempting to cooperate. 

U.S. Attorney Benjamin G. Greenberg stated, “The conviction of Henry de Jesus Lopez Londoño is the result of extraordinary international cooperation. It also reflects years of hard work, commitment and perseverance of our Colombian, Argentinean and U.S. law enforcement partners to stem the flow of cocaine into the United States and bring a major international drug trafficker to justice.”

“Henry Lopez-Londono’s conviction marks the success of the DEA Miami Field Division’s strong alliance and cooperation with our foreign and other U.S. law enforcement partners.” said DEA Special Agent in Charge Adolphus P. Wright.  “As a result of this partnership, we are able to reach out to other parts of the globe to target transnational criminal organizations and bring to justice the leaders of those drug trafficking organizations.” 

The prosecution was part of Operation Golden Eagle, which is a result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (“OCDETF”), a partnership between federal, state and local law enforcement agencies.  The OCDETF mission is to identify, investigate, and prosecute high-level members of drug trafficking enterprises, bringing together the combined expertise and unique abilities of federal, state and local law enforcement.

Mr. Greenberg would like to commend the DEA Miami Field Division, DEA Bogota Country Office, DEA Buenos Aires Country Office, the Governments of Colombia and Argentina, the Criminal Division’s Office of International Affairs, the Office of the Judicial Attaché in Colombia, and the U.S. State Department for their assistance in this matter.  This case was prosecuted by Assistant U.S. Attorneys Robert J. Emery and Michael B. Nadler.   

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

Two Plead Guilty to Insurance Fraud by Arson

 

BLUEFIELD, W.Va. – Two men pled guilty today in federal court for their respective roles in a scheme to commit insurance fraud by arson, announced United States Attorney Michael B. Stuart. Dudley Bledsoe, age 63, of Hanover, Wyoming County, and Ricky Dwayne Gleason, age 54, of Peach Creek, Logan County, both pleaded guilty to a charge of unlawful monetary transactions before Senior District Court Judge David A. Faber in Bluefield.   United States Attorney Mike Stuart commended the work of the United States Postal Inspection Service, the West Virginia State Police and the West Virginia Office of the Insurance Commissioner.

“As West Virginia citizens, we all ultimately pay the price for this type of crime. That is why, regardless of the amount of monetary loss, we will continue to aggressively prosecute individuals who perpetrate fraudulent schemes,” said United States Attorney Mike Stuart.

In the spring of 2012, Bledsoe, with the assistance of James Edward Lester, also known as “Punkin,” and others, purchased a house in Matoaka, Mercer County.  The purchase price was approximately $38,000.  They insured the property for over $300,000 and set fire to the house in December of 2012 using cardboard and unscented candle oil.  Bledsoe, with the help of others, then filed false claims for the house and its contents. Bledsoe collected the proceeds and divided the proceeds with others involved in the scheme.

In May of 2013, Gleason purchased a house in his name on Norwood Road in Huntington, West Virginia for $100,000 and insured it for over $400,000.  Funds for the purchase were provided by others involved in the scheme. The next month, Gleason and others staged the house to be burned using cardboard and unscented candle oil.  While Gleason was out of town in order to concoct an alibi, others connected with the scheme set fire to the house.  Gleason filed a claim for the loss of the house as well as false contents lists with the insurance company and collected over $280,000 in insurance proceeds. The proceeds were divided with others in the scheme.

Bledsoe and Gleason each face up to 10 years imprisonment and up to a $250,000 fine when they are sentenced on May 30, 2018.  Windel Lester, James Edward Lester, also known as “Punkin,” Georgetta Kenney, Greg A. Lester and James Keith Browning are currently facing charges in a 40 count indictment for their respective roles in the scheme.  Their trial is set for May 8, 2018, in Bluefield.

 

Follow us on Twitter: @SDWVNewsand @USAttyStuart 

 
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Princeton Man Pleads Guilty to Federal Drug Charges

 

BLUEFIELD, W.Va. - A Princeton man pleaded guilty today to federal drug crimes, announced United States Attorney Mike Stuart.  Jerome Jones, 53, of Princeton, West Virginia, entered his guilty plea to 7 counts distribution of a quantity of cocaine base, 2 counts possession with intent to distribute a quantity of cocaine base, and 1 count distribution of a quantity of cocaine.

Stuart praised the work of the West Virginia State Police.  “We are committed to working with the fine men and women of the West Virginia State Police in their efforts to make West Virginia communities safer places to live, work and play,” said United States Attorney Mike Stuart.  

Jones admitted that between May 18, 2016, and November 13 , 2017 , he sold quantities of cocaine and cocaine base to a confidential informant who was working with the police. Jones further admitted that on June 1, 2016 , and then again on December 20, 2017 , the West Virginia State Police executed a search warrant and at his residence and seized quantities of cocaine and cocaine base.

Jones faces up to 20 years in federal prison on each county when he is sentenced on May 30, 2018. United States District Judge David A. Faber presided over the plea hearing.

Follow us on Twitter: @SDWVNewsand @USAttyStuart 
 
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South Carolina Man Sentenced to Ten Years for Federal Methamphetamine Trafficking Conviction in New Mexico

ALBUQUERQUE – Brandon Carr, 28, of Pawleys Island, S.C., was sentenced this afternoon in federal court in Albuquerque, N.M., to 120 months in prison for his methamphetamine trafficking conviction.  Carr will be on supervised release for four years after completing his prison sentence.

Bernalillo County Sheriff’s Office (BCSO) deputies arrested Carr in Aug. 2014, after finding approximately 5,808 grams of methamphetamine in Carr’s vehicle following a routine traffic stop.  The methamphetamine was concealed in four 1.5 liter bottles of liquid.  Carr subsequently was indicted on Sept. 9, 2014, and was charged with possession of methamphetamine with intent to distribute on Aug. 13, 2014, in Bernalillo County, N.M.

On April 5, 2017, Carr pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute.  In entering the guilty plea, Carr admitted that on Aug. 13, 2014, BCSO deputies found four 1.5 liter bottles, which were labeled as apple juice but contained 5,808 grams of methamphetamine, in the trunk of his vehicle following a routine traffic stop.  Carr admitted that he obtained the methamphetamine in Los Angeles, Calif., and intended to deliver the methamphetamine to another person. 

This case was investigated by the Albuquerque office of the DEA and the BCSO and was prosecuted by Assistant U.S. Attorney James R.W. Braun.

Two More Defendants Plead Guilty for Roles in Federal Drug Conspiracy

 

BLUEFIELD, W.Va. – Two men pled guilty today for their roles in a drug trafficking conspiracy, announced United States Attorney Mike Stuart. James Rodney Staples, 39, of Woodbridge, VA, entered his guilty plea to conspiracy to distribute and possess with intent to distribute more than 5 kilograms of cocaine, more than 280 grams of cocaine base, and more than one kilogram of heroin.  Esau Burnette, 38, of Beckley, entered his guilty plea to conspiracy to distribute and possess with intent to distribute more than 28 grams of cocaine base, and a quantity of cocaine.  Staples and Burnette are two of 23 defendants indicted in June 2017 after a comprehensive investigation of drug trafficking in Southern West Virginia.

U.S. Attorney Stuart commended the cooperative investigative efforts of several agencies, led by the Federal Bureau of Investigation and the Raleigh County Drug and Violent Crime Task Force. The Drug Enforcement Administration, the Beckley Police Department, the Raleigh County Sheriff’s Department, the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Postal Inspection Service also provided assistance throughout the investigation. 

“A drug trafficking network has been dismantled as a result of this long-term, cooperative investigation. Along with our federal, state, and local law enforcement partners we will continue to take down networks of traffickers pedaling dangerous drugs in our communities,” said United States Attorney Mike Stuart.

James Rodney Staples admitted that between August 2016 and June 28, 2017, he took part in a drug trafficking conspiracy with multiple participants involving the distribution of cocaine, cocaine base, also known as “crack,” and heroin.  Staples admitted that Velarian Carter, another co-defendant in this case, requested his help in operating the drug trafficking organization while Carter was incarcerated on other drug charges.  Staples admitted he paid other members to assist him in distributing the controlled substances and to collect money acquired through the illegal drug trafficking.  As part of the agreement, Staples agreed to the forfeiture of $50,000, which represented proceeds of his illegal drug trafficking activity.     

Esau Burnette admitted that between August 2016 and June 28, 2017, he participated in a drug trafficking organization that distributed cocaine and more than 28 grams of cocaine base, or “crack,” in and around Beckley, Raleigh County, West Virginia.  Burnette admitted to assisting in manufacturing cocaine into “crack.”  During this time he admitted to distributing and possessing with intent to distribute approximately 20 ounces  of cocaine.  Burnette further admitted that on June 28, 2017, police officers executed a search warrant at his residence in Beckley.  Officers found $2,797 in cash, and a quantity of “crack.”  Burnette admitted that the cash was obtained through the illegal drug trafficking activity and has agreed to forfeit the cash to the United States. 

Staples faces at least 10 years and up to life, and Burnette faces at least five years and up to 40 years in federal prison, when they are sentenced on May 30, 2018.

Several individuals implicated as a result of this investigation have entered guilty pleas to drug charges and are awaiting sentencing. Cheyenne Fragale and Macon Fragale, two brothers from Boomer in Fayette County, face a mandatory minimum of 10 years and up to life in federal prison when they are sentenced on March 14, 2018. Velarian Carter, of Beckley, faces a mandatory minimum of not less than 20 years and up to life in federal prison when he is sentenced on April 17, 2018. Dominic Copney, of Beckley, faces a mandatory minimum of five and up to 40 years in federal prison when he is sentenced on April 17, 2018. Detria Carter, of Beckley, faces a mandatory minimum sentence of not less than five and up to 40 years in federal prison when she is sentenced on April 24, 2018. Donald Scalise, of Montgomery, faces up to 20 years in federal prison when he is sentenced on April 25, 2018. Tiffany Ramsey, of Boomer, faces at least five years and up to 40 years in federal prison when she is sentenced on May 2, 2018. Shawn Akiem Anderson, of Mt. Hope, faces up to 10 years in federal prison when he is sentenced on May 29, 2018.   Rory White, of Montgomery, faces at least five years and up to 40 years in federal prison when he is sentenced on June 6, 2018. 

Karl Funderburk, of Teays Valley, who previously pled guilty to a gun charge, faces at least 5 years and up to life in federal prison for using and carrying a firearm during a drug trafficking crime when he is sentenced on May 29, 2018.

Shaun Jones has entered a guilty plea to possession with intent to distribute more than 100 grams of heroin.  Jonathan Moore has entered a guilty plea to possession with intent to distribute more than 500 grams of cocaine. Each faces at least five years and up to 40 years in federal prison when they are sentenced on May 29, 2018. 

Corey Larkin previously entered a plea to conspiracy to distribute and possess with intent to distribute more than 500 grams of cocaine and more than 100 grams of heroin.  He also faces at least five years and up to 40 years in federal prison when he is sentenced on June 5, 2018. 

Assistant United States Attorney Timothy D. Boggess is in charge of these prosecutions. The Staples and Burnette plea hearings were held before Senior United States District Judge David A. Faber.

These cases are being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.

 

 

Follow us on Twitter: @SDWVNewsand @USAttyStuart 
 

Historic St. Helena Parish, Louisiana, Public School Desegregation Case Successfully Resolved

United States Attorney Brandon Fremin for the Middle District of Louisiana and Acting Assistant Attorney General John M. Gore of the Civil Rights Division of the Department of Justice announced today the successful resolution of the oldest current school desegregation case in the State of Louisiana, involving the St. Helena Parish Public School District.

In 1952, Robert Carter and others filed this action asserting that the St. Helena Parish School Board was operating in a racially dual system in violation of the Fourteenth Amendment of the U.S. Constitution.  The Justice Department subsequently joined the litigation as a plaintiff-intervenor in 1961.  The case predated the United States Supreme Court’s decision in Brown v. Board of Education of Topeka, Kansas.  The Complaint under which this historic lawsuit was commenced was signed by Thurgood Marshall before he was seated on the Supreme Court.    

On May 20, 1960, the Court entered an order enjoining the State of Louisiana, including the St. Helena Parish School Board, from excluding African-American students from public schools because of their race.  Since then, the U.S. District Court has overseen the school district’s efforts to comply with the 1960 order and further orders mandating the desegregation of its schools.  Such oversight would continue until the school district achieved unitary status, a milestone it recently reached.    

Judge James J. Brady issued a ruling on April 5, 2016, declaring that St. Helena Parish Public School District had obtained unitary status in all areas except student assignment.  On February 15, 2018, all parties to the litigation filed a joint motion seeking dismissal of the action and a declaration that the school district has achieved full unitary status.  This morning, Chief U.S. District Judge Brian A. Jackson granted the joint motion, dissolving all injunctions emanating from the action and dismissing the matter with prejudice.

U.S. Attorney Brandon Fremin stated, “Today is a historic day for all the people of St. Helena Parish.  The road to desegregating our schools has undoubtedly been challenging and marked by great difficulties, but it is a road that had to be traveled, both legally and morally.  I commend Chief Judge Jackson and his predecessors, including the late Judges Brady and Parker, as well as the parties and their attorneys, for their collective dedication to this important and historic matter.”      

Acting Assistant Attorney General of the Civil Rights Division John Gore stated, “We commend the St. Helena Parish School District for satisfying its remaining obligations in this case and ensuring equal educational opportunities for all students.  We have been pleased to work with the district to resolve outstanding issues and bring the case to a successful close.”

This matter was handled by Franz Marshall and Christopher Awad of the Civil Rights Division of the U.S. Department of Justice as well as Assistant United States Attorney John Gaupp, who serves as the Chief of the Civil Division of the United States Attorney’s Office.

Promoting school desegregation and enforcing Title IV of the Civil Rights Act of 1964 is a top priority of the Justice Department’s Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt.


Media Advisory

 

HUNTINGTON, W.Va. – United States Attorney Mike Stuart will hold a brief press conference at 9:00am on Thursday, March 15, 2018 to discuss collaborative efforts to address the opioid scourge and violent crime in the City of Huntington.  

 

WHO:          Mike Stuart, United States Attorney, SDWV

                      Mayor Steve Williams, City of Huntington

                      Interim Police Chief Hank Dial, Huntington Police Department

                      Supervisory Special Agent Wes Quigley, FBI

                      Assistant Special Agent in Charge David Gourley, DEA

                      Resident Agent in Charge Adam Black, ATF

                      Corky Hammers, Cabell County Prosecuting Attorney

                      Sharon Frazier, Cabell County Assistant Prosecutor

               

WHAT:          Press Conference

 

WHEN:         Thursday, March 15, 2018 @ 9:00am 

 

WHERE:       Sidney L. Christie Federal Building

                   845 Fifth Avenue

                   Huntington, WV  25701

                              

Follow us on Twitter: @SDWVNewsand @USAttyStuart 

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Multiple Defendants Sentenced for Participating in Large Scale Heroin and Cocaine Ring

DENVER – The United States Attorney’s Office for the District of Colorado announces the successful completion of a Colorado law enforcement operation, resulting in convictions of 17 defendants for conspiracy to distribute heroin and cocaine, possession with intent to distribute heroin and cocaine, distribution of heroin and cocaine, money laundering, or using phones to facilitate felonies.  In addition, the operation seized an estimated 12 kilos of heroin, 2 kilos of cocaine, 4 guns and $190,000 in cash.

Twenty-three individuals were indicted on June 23, 2016, for a variety of criminal charges linked to the “Castores” group, which was comprised mostly of individuals from Guasave, Sinaloa, Mexico.  Between approximately January 2010 and March 2015, this group transported heroin and cocaine from Arizona to Denver, Colorado, where they stored it in stash houses.  Members then coordinated heroin and cocaine deliveries to approximately 20 street-level distributors in the Denver area.  The organization’s “dispatcher” coordinated the runners and the street-level distributors each day, making sure the street-level distributors were ready to open the door for the runners as soon as the runners arrived.  The day before the deliveries, the dispatcher would send requests for daily orders to the street-level distributors and make sure the runners knew what the street-level dealers wanted in terms of drug type (heroin or cocaine), quantity, and quality.

In order to facilitate the drug distribution, members used telephones to set the time, location, quantity, and price for the drug sales.  The dispatcher frequently changed phones to avoid detection by law enforcement.  Additionally, members used commercial wire transfer services to conceal and disguise the source, ownership, control, and location of the proceeds being sent to the suppliers in Sinaloa, Mexico.  The members used false “sender” names and addresses to conceal the true ownership of the wires when they were sent. 

Of the 23 defendants named in the fourth superseding indictment, 10 were sentenced as follows:   

  • Paul Rubio-Sepulveda aka Pelon – 235 months imprisonment, followed by 5 years supervised release;
  • Juan Miguel Espinoza-Romero aka Macizo – 144 months imprisonment, followed by 5 years supervised release;
  • Yonger Ricardo Matute-Venegas aka Yonger Venegas – 84 months imprisonment, followed by 5 years supervised release;
  • Jose Cruz-Cruz aka Jefferson – 78 months imprisonment, followed by 4 years supervised release;
  • Natasha Santistevan – 36 months imprisonment, followed by 2 years supervised release;
  • Luis Cruz-Medina aka Carlos Medina aka Marlon Arturo Velasquez-Medina aka Chucky – 40 months imprisonment;
  • Jose Nemecia-Garcia aka Jose Luis Galeas-Almendarez – time served, which was 33 months imprisonment;
  • Ema Belinda Bustamante-Raudales aka Yeime Belinda Saensz aka Jaime – time served, which was 39 months imprisonment, followed by 2 years supervised release;
  • Aaron Flores-Villegas aka Missael Valdez-Osorino – 70 months imprisonment, followed by 5 years supervised release; and,
  • Jose Lopez-Robles aka Javier Sanchez Vega aka Popote – 96 months imprisonment, followed by 4 years supervised release.

In addition, Marco Castro-Cruz was also named as a defendant in the Fourth Superseding Indictment.  Along with defendants Kyle Adams and Reynieri Centeno-Velasquez, he was separately indicted in the District of Wyoming for Distribution of Heroin Resulting in Death.  Those charges stem from a heroin transaction in Denver, Colorado, that led to an overdose death in Laramie, Wyoming.  After pleading guilty in both cases, Castro-Cruz was sentenced to 240 months imprisonment, followed by 5 years of supervised release.  Kyle Adams and Centeno-Velasquez were separately sentenced to 5 and 6 year terms of imprisonment (respectively), followed by three year terms of supervised release.

Four other named defendants received felony convictions and seven defendants remain fugitives.  The case is captioned U.S. v. Aguilar-Cruz, et al., Case No. 14-cr-00144-CMA.

This case was investigated by the Front Range Task Force, which is comprised of agents and officers from the Drug Enforcement Administration, Homeland Security Investigations, Internal Revenue Service – Criminal Investigation, United States Marshals Service, Denver Police Department, Colorado Bureau of Investigation, Arapahoe County Sheriff’s Office and the Douglas County Sheriff’s Office.  Assistant United States Attorneys Guy Till, Barbara Skalla, and Laura Hurd represented the United States.  The District of Wyoming indictment was investigated by the Laramie Police Department, and the Drug Enforcement Administration.  Assistant United States Attorneys Guy Till and Brad Giles also worked on that prosecution.

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Registered Sex Offender Convicted of Receipt and Possession of Images of Child Rape

          A registered sex offender with prior convictions for raping a 12-year-old girl he met via the internet, was convicted today in U.S. District Court in Seattle of two federal felonies involving his receipt and possession of images of child pornography, announced U.S. Attorney Annette L. Hayes. RICHARD DAVID BLICK, 65, formerly of Edmonds, Washington was indicted in September 2017, following an investigation by the King County Sheriff’s Office and Homeland Security Investigation (HSI).  The jury deliberated for about three hours following a two-day trial.  U.S. District Judge John C. Coughenour scheduled sentencing for June 12, 2018.

            According to records in the case and testimony at trial, the electronic service provider Dropbox made a report to the National Center for Missing and Exploited Children (NCMEC) that an account later linked to BLICK was uploading pictures of child pornography.  The subsequent law enforcement investigation revealed BLICK owned the Dropbox account and that he was a Level 3 registered sex offender with a 2001 conviction for raping a 12-year-old girl.  In August 2017, law enforcement served search warrants on BLICK’s residence, an RV in Edmonds.  On BLICK’s various electronic devices were thousands of images of child pornography as well as chats and videos with a 14-year-old California child whom BLICK convinced to send him sexually explicit images.  BLICK has been in federal custody since his arrest in August 2017.

            In closing arguments prosecutors noted that possession and receipt of child pornography is not a victimless crime, “Children are injured each and every time an adult trades in their misery… Child pornography keeps alive in the dark recesses of the internet the suffering that they have endured,” prosecutors told the jury.

            BLICK faces a mandatory minimum 15 years in prison and up to 40 years in prison for receipt of child pornography.  Possession of child pornography is punishable by a mandatory minimum of 10 years in prison and a maximum of 20 years.

          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.justice.gov/psc

            The case was investigated by the King County Sheriff’s Office and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

            The case was prosecuted by Assistant United States Attorney Matthew Hampton and Special Assistant United States Attorney Cecilia Gregson.  Ms. Gregson is a Senior King County Deputy Prosecutor specially designated to prosecute child exploitation cases in federal court.

 

Andrew Birge Appointed By The Court To Court To Continue Serving As United States Attorney

          GRAND RAPIDS, MICHIGAN - Andrew Byerly Birge, who has led the U.S. Attorney’s Office for the last 14 months, has been appointed by the U.S. District Court to continue leading the Office. In an order signed yesterday afternoon, Chief U.S. District Court Judge Robert J. Jonker announced:

"Upon the unanimous vote of the Court, the Court exercises its authority . . . and appoints Andrew Byerly Birge to be United States Attorney for the Western District of Michigan, effective immediately upon expiration of Mr. Birge's existing appointment . . . and continuing until the President fills the position with a nominee confirmed by the United States Senate."

         Mr. Birge initially assumed the duties of Acting U.S. Attorney by operation of law following Patrick Miles, Jr.’s resignation in January of 2017. Attorney General Jefferson B. Sessions appointed Mr. Birge interim U.S. Attorney in November for a period of 120 days or until the President nominates and the Senate confirms a successor, whichever is shorter—which is the limit of the Attorney General’s authority. That 120-day period expires this week. Whenever an Attorney General’s authority expires, the Court must appoint a U.S. Attorney.

         Mr. Birge’s job has been to carry out effectively the priorities of the Department of Justice in West Michigan. Today, he vowed to continue the efforts he began last year. "Attorney General Sessions has identified violent crime, the opioid epidemic and the enforcement of criminal immigration law as our prime concerns. I am pleased to report that last year my office increased the number of firearm cases and defendants prosecuted by over 65%, increased drug cases prosecuted by 30% and increased the overall number of cases prosecuted by over 12%." Mr. Birge noted that the Attorney General in December awarded his office an additional full time prosecutor position to address violent crime in the district. "Federal, state, local and Tribal law enforcement agencies work very well together in West Michigan, which allows us to be particularly effective." He explained that criminal immigration prosecutions, which typically involve aliens with prior records and those involved in document fraud, historically comprise about 25% of the office’s caseload. He expects his office will bring about the same number of those cases this year as last year. "But these focus areas obviously don’t mean a holiday for those who commit other crimes. For example, we will continue to actively pursue white collar criminal activity as well as all manner of crimes arising on Tribal lands."

          Among many outreach efforts, the office is advancing a public information campaign to stem the tide of the opioid epidemic. "When we prosecute, we are addressing the supply of drugs. But we also need to address the demand. And we do that through these public information campaigns to hopefully prevent future addiction and help those who are already addicted." Mr. Birge identified other outreach activities as well. "I meet as often as I can with community leaders to facilitate mutual understanding and build trust in law enforcement. If residents don’t trust law enforcement, we can’t succeed in making their community safer."

          Mr. Birge knows his office well. He previously served for over nine years as the First Assistant, the senior-most management position in the office. A First Assistant functions as the chief advisor to the U.S. Attorney and oversees the office’s civil and criminal litigation as well as its administrative operations. U.S. Attorney Charles Gross first tapped him for the role in May of 2007, under then-President George W. Bush’s administration. U.S. Attorneys Donald A. Davis and Patrick Miles each subsequently asked him to continue serving in that capacity. Mr. Birge has been with the U.S. Attorney’s Office for over 17 years and an attorney for over 23 years. Before he served as the First Assistant, he oversaw the office’s appellate practice and handled all manner of criminal cases.

          "When I assumed leadership of the office last year, I noted that I take great pride in what we do. This office has remarkably dedicated and talented attorneys and staff. They are the story behind this office’s success."

          Mr. Birge began his legal career as a law clerk to the late Chief U.S. District Court Judge Richard A. Enslen, in Kalamazoo, Michigan. He obtained his law degree from the Columbia University School of Law, where he was a Harlan Fiske Stone Scholar. He obtained his Bachelor of Arts degree from Carleton College, where he graduated cum laude and with Distinction as a history major.

END

Torrey Scott Indicted For Violations of the Federal Gun Control Act and the Federal Controlled Substances Act

TORREY SCOTT, age 46, a resident of New Orleans, was charged in a four-count indictment by a Federal Grand Jury for violations of the Federal Gun Control Act and the Federal Controlled Substances Act, announced U.S. Attorney Duane A. Evans. 

According to the indictment, SCOTT possessed firearms in furtherance of a drug-trafficking crime, possession with the intent to distribute quantities of cocaine hydrochloride, heroin, and MDMA (ecstasy).

The charges arose out of two arrests of SCOTT by the New Orleans Police Department:  the first on March 15, 2016, when SCOTT, a twice-convicted felon, possessed two Glock semi-automatic pistols, and the second on November 18, 2016, when SCOTT was found with the drugs, four other weapons, and $14,000 in cash.

If convicted, SCOTT faces, on Counts 1 and 2 of the indictment, a term of imprisonment of up to ten years and a fine of up to $250,000; five years to run consecutive to any other sentence as to Count 3; and up to twenty years and/or a $1,000,000 fine as to Count 4.

U. S. Attorney Duane A. Evans reiterated that the indictment is merely a charge and that the guilt of the defendants must be proven beyond a reasonable doubt.

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.   In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

This case was investigated by the Bureau of Alcohol, Tobacco and Firearms and the New Orleans Police Department.  The prosecution is being handled by Assistant United States Attorney Michael E. McMahon.

24 Defendants Charged By Federal and State Prosecutors for Drug Trafficking and Firearm Related Offenses

BRUNSWICK, GA– Federal indictments were unsealed yesterday revealing that sixteen (16) residents from Glynn County and McIntosh County, in the Southern District of Georgia, and elsewhere, have been charged with federal firearms and drug-trafficking offenses.  The Brunswick District Attorney’s Office has charged an additional eight defendants.

The federal and state charges are the result of joint federal and local efforts to dismantle a major cocaine trafficking organization that was operating in the Southern District of Georgia and elsewhere.  After law enforcement received information about a drug dealer who was selling large quantities of cocaine in Glynn County, the McIntosh Sheriff’s Office teamed up with the Glynn County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).  Investigators from local and federal law enforcement worked together to identify the members of the drug trafficking organization (DTO), their methods of operation, and where they stored and sold drugs.  The team used a number of investigative techniques, including the use of informants, conducting surveillance, making undercover purchases of cocaine and crack cocaine, and the execution of search warrants.

Through search warrants and consensual searches conducted during this investigation, agents seized kilograms of cocaine, with a street value in excess of $150,000, over 30 pounds of marijuana, crack cocaine, over $60,000 cash, and dozens of firearms, including assault style rifles and substantial amounts of ammunition. 

On March 13, 2018, a team of federal and local law enforcement investigators simultaneously executed over twenty (20) arrest warrants in the Southern District of Georgia and the Middle District of Florida.  During the arrests, investigators seized an additional 21 firearms.

The following defendants have been charged in the thirty-six (36) page, thirty-six (36) count federal indictment:

 

JOHN EUGENE OVERCASH, a/k/a “Cowboy,” 52, Brunswick, GA,

KENNETH LEON BRADLEY, 50, Brunswick, GA,

JEREMY MCINTYRE, 37, Brunswick, GA,

RICHARD CARTER, 57, Brunswick, GA,

DARRIUS MERRELL, 38, Brunswick, GA,

ANDREW JACKSON, a/k/a “Drew,” 34, Orlando, FL,

KENEIL KING, 25, Brunswick, GA,

JESSICA TABUTEAU, 31, Orlando, FL,

TROY CROSBY, 49, Hortense, GA,

AMY MANSON, 37, Hortense, GA,

EDRIN TEMPLE, a/k/a “Pete McCiver,” 39, Darien, GA,

ANTHONY BERNARD LEWIS, a/k/a “Amp,” 46, Brunswick, GA,

     JOSEPH SIMMONS, a/k/a “Bug,” 48, Brunswick, GA,

TOMMY MURRAY, 50, Brunswick, GA,

CLIFTON FOSTER, 64, Brunswick, GA,

MARCUS MUNGIN, 33, Brunswick, GA

The federal charges and maximum penalties include:

-Conspiracy to Possess with Intent to Distribute and to Distribute 5 Kilograms or More of Cocaine, in violation of 21 U.S.C. § 846, which carries a potential sentence of not less than 10 years of incarceration, up to life.  If a defendant has a prior felony drug conviction, then the charge carries not less than 20 years of incarceration up to life.  If a person has two or more prior felony drug convictions, then not less than life.

-The Distribution of Cocaine and Crack Cocaine, in violation of 21 U.S.C. § 841(a)(1), which carries up to 20 years of incarceration.  If a defendant has a prior felony drug conviction, then it carries not more than 30 years of incarceration.

-Felon in Possession of Firearm, 18 U.S.C. § 922(g)(1), which carries a potential sentence of 10 years incarceration.  However, if a defendant has 3 prior convictions for violent crimes or serious drug offenses, then he/she faces not less than 15 years of incarceration up to life;

-Drug User in Possession of Firearm, 18 U.S.C. § 922(g)(3), which carries a potential sentence of 10 years of incarceration;

-Possession of Firearms in Furtherance of Drug Trafficking Crimes, 18 U.S.C. § 924(c), which carries not less than 5 years of incarceration up to life;

-Use of a Communication Facility to Facilitate Drug Crime, 21 U.S.C. § 843(b), which carries not more than 4 years of incarceration.

The indictment also seeks to forfeit tools used in the crimes and proceeds from the crimes, including a residence located at 1199 West Shore Drive, Brunswick, Georgia.

The following individual was charged under the Georgia Controlled Substances Act with Conspiracy to Purchase Marijuana and Use of Communication Facility in Commission of a Felony Involving Controlled Substances:

Kenneth Bradley, Jr. (age 21) of Brunswick.

The following were charged under the Georgia Controlled Substances Act with Conspiracy to Purchase a Controlled Substance and Use of Communication Facility in Commission of a Felony Involving Controlled Substances:

Dana Smith (age 40) of Brunswick;

Clyde Underwood (age 58) of Brunswick;

Sarah Myrick (age 35) of Brunswick;

Eric Lashawn Hall (age 45) of Brunswick;

Antonio Givens (age 46) of Brunswick;

Doug Coffey (age 45) of Brunswick; and,

Travis Collins (age 39) of Brunswick.

United States Attorney Bobby L. Christine said, “The federal government is committed to working with local law enforcement agencies to dismantle the drug trafficking organizations who are ruining our communities and endangering our citizens.  Let this indictment serve as another warning that we will hunt you and prosecute you to the fullest extent of the law.”

ATF Resident Agent in Charge Timothy Graden states:  “These arrests are the product of concerted collaborative efforts on the part of ATF, the Glynn County Sheriff’s office, the McIntosh County Sheriff’s office and the U.S. Attorney’s Office to target, investigate, and prosecute the perpetrators of a major drug trafficking organization. Many of the defendants are convicted felons with extensive criminal histories that date back more than 20 years. ATF and its law enforcement partners acted judiciously on information developed during this 1 ½ year investigation resulting in the seizure of large quantities of cocaine, marijuana, U.S. currency, firearms and ammunition. ATF is pleased with the success of this operation, but unfortunately this operation also highlights the persistence of narcotics traffickers and demonstrates that this type of crime must be continuously battled. ATF will continue to dedicate federal resources in partnership with other law enforcement agencies in the pursuit of reducing violent crime and armed drug trafficking.”

McIntosh County Sheriff Stephen D. Jessup states:  “I could not be more pleased with the results.  Even though the majority of those involved in the drug trafficking organization lived and operated in Glynn County, the amount of cocaine flowing into McIntosh County through this organization had a staggering effect on our community.  The work done here is exemplary of the type of partnerships and teamwork that I hope continues between these agencies.”

Glynn County Sheriff E. Neal Jump states:  “This has proven to be a very successful operation and I believe it will have a significant impact on the illegal drug trade here in Glynn County.  This case has led to one of the largest seizes of cocaine and marijuana in this area in quite some time.  I, along with the men and women of my office, look forward to partnering with these agencies as well as others to continue working towards a safer community for our citizens.”

Jackie Johnson, District Attorney for the Brunswick Judicial Circuit, stated “Narcotics abuse and distribution is the driving force behind violent crime, theft and many other social ills in Glynn County.  Our office is grateful for the work of our Sheriff, Federal law enforcement, and the U.S. Attorney in targeting this problem.”

United States Attorney Christine emphasized that an indictment is only an accusation and is not evidence of guilt. The defendants are entitled to a fair trial, during which it will be the Government’s burden to prove guilt beyond a reasonable doubt.

The operation was investigated by ATF, the Glynn County Sheriff’s Office, and the McIntosh Sheriff’s Office, with assistance from the U.S. Marshals Service.  Assistant United States Attorneys Matthew Josephson and Greg Gilluly are prosecuting these cases for the United States.  Assistant District Attorney Liberty Stewart is prosecuting these cases for the state of Georgia. For any questions, please contact the United States Attorney’s Office at (912) 652-4422.

Titusville Woman Charged with Social Security Fraud

ERIE, Pa. - A resident of Titusville, Pennsylvania has been indicted by a federal grand jury in Erie on a charge of social security fraud, United States Attorney Scott W. Brady announced today.

The one-count indictment named Kelly Rene Johnson, 49, as the sole defendant.

According to the indictment presented to the court, between on or about February 28, 2014 and August 1, 2017, Johnson fraudulently received approximately $30,682.00 in Supplemental Security Income benefit payments by concealing the fact that she did not live alone in order in order to continue to receive these payments.

The law provides for a maximum total sentence of five years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Marshall J. Piccinini is prosecuting this case on behalf of the government.

The Social Security Administration, Office of Inspector General, conducted the investigation leading to the indictment in this case.

An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.


Three Miami-Area Home Health Agency Owners Charged For Role In Health Care Fraud Scheme

Three Miami, Florida-area home health agency owners were charged in an indictment unsealed on March 13, 2018 for their alleged participation in a health care fraud scheme involving a now-defunct home health agency in Miami.

U.S. Attorney Benjamin G. Greenberg of the Southern District of Florida, Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Special Agent in Charge Robert F. Lasky of the FBI’s Miami Field Office and Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office made the announcement.

Ailin Consuelo Rodriguez Sigler, 39; Zoila C. Rios, 57; and Tomas A. Rodriguez, 66, were charged in an indictment filed in the Southern District of Florida with one count of conspiracy to commit health care fraud and wire fraud, and three counts of health care fraud.  Sigler, Rios and Rodriguez were arrested on March 13, 2018 and appeared before U.S. Magistrate Judge Alicia M. Otazo-Reyes.

The indictment alleges that from approximately January 2011 through November 2014, Sigler, Rios and Rodriguez, owners of Florida Patient Care Corp. of Miami, Florida, were involved in a fraudulent scheme whereby they agreed with the owners and operators of multiple home health therapy staffing companies and others to bill Medicare for services that were medically unnecessary, not eligible for Medicare reimbursement, or were never provided.  

According to the indictment, Sigler, Rios, Rodriguez and their co-conspirators allegedly caused the submission of false and fraudulent claims to Medicare for home health therapy care, and physical and occupational therapy services purportedly provided by Florida Patient Care Corp. 

An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.  

This case was investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida.  Fraud Section Trial Attorney Yisel Valdes is prosecuting the case. 

The Fraud Section leads the Medicare Fraud Strike Force.  Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 3,500 defendants who have collectively billed the Medicare program for more than $12.5 billion.  In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

Possession of a Firearm by a Prohibited Person

Council Bluffs, IA- United States Attorney Marc Krickbaum announced that on March 13, 2018, 33 year old Jesus Everardo Medina of Council Bluffs, Iowa, was sentenced to 37 months in prison, and ordered to serve three years of Supervised Release at the conclusion of his imprisonment, by Senior District Court Judge Robert Pratt for Possession of a Firearm by a Felon.

The investigation began with law enforcement with the Council Bluffs Police Department responding to a gunshot being heard in the 1400 block of Avenue B shortly after midnight on June 5, 2017. Upon arriving in the area, officers located nine millimeter shell casings and were told by a witness that the party responsible, Jesus Medina, had left the area in a gold colored two door car. This vehicle was located by law enforcement a short distance from the 1400 block of Avenue B, with Medina in the back seat. A nine millimeter Jennings semi-automatic handgun was found in the seat pocket in front of Medina. Medina was convicted of a felony offense in 2009 making it unlawful for him to possess a firearm.

The investigation was conducted by the Council Bluffs Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.

State Correctional Officer Admits to Illegally Distributing Steroids

John H. Durham, United States Attorney for the District of Connecticut, today announced that NICHOLAS AURORA JR., 33, of Hamden, waived his right to be indicted and pleaded guilty yesterday before U.S. District Judge Victor A. Bolden in Bridgeport to one count of possession with intent to distribute anabolic steroids.

According to court documents and statements made in court, in December 2017, the Statewide Narcotics Task Force West conducted a court-authorized search of an individual’s residence in Hamden and seized approximately 25,000 pills and 530 vials of anabolic steroids. Subsequent analysis of the individual’s cell phone revealed numerous text messages relating to AURORA’s purchase and redistribution of steroids.

The investigation revealed that AURORA was purchasing steroids from his source of supply every two weeks.  He personally used some of the steroids, and sold some, at a profit, to coworkers.

AURORA is a correctional officer with the Connecticut Department of Correction.

The offense carries a maximum term of imprisonment of 10 years and a fine of up to $500,000.  A sentencing date is not scheduled.

AURORA is released on a $50,000 bond pending sentencing.

This matter is being investigated by the Connecticut State Police, Statewide Narcotics Task Force West, and the Federal Bureau of Investigation.  The case is being prosecuted by Assistant U.S. Attorney Sarah P. Karwan.

Mechanicsburg Man Charged With Possession Of A Firearm As A Convicted Felon

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that John Fishel Jr., age 44, of Mechanicsburg, Pennsylvania, was indicted yesterday by a federal grand jury on firearms charges. 

According to United States Attorney David J. Freed, the indictment alleges that on February 5, 2018, Fishel Jr., unlawfully possessed a Bauer, 25 caliber firearm, in Newberry Township, York County, after previously being convicted of a felony.

The case was investigated by the Newberry Township Police Department and the Federal Bureau of Investigation.  Assistant U.S. Attorney Chelsea Schinnour is prosecuting the case.

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.  Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.   In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

The minimum mandatory penalty is 15 years imprisonment and the maximum penalty under federal law for this offense is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

Possession of a Firearm by a Prohibited Person

Council Bluffs, IA- United States Attorney Marc Krickbaum announced that on March 13, 2018, 35-year-old Sean Cullen of Council Bluffs, Iowa was sentenced to 2 years in prison and ordered to serve three years of Supervised Release at the conclusion of his imprisonment, by Senior District Court Judge Robert Pratt for Felon in Possession of a Firearm.

On September 23, 2017, Cullen was admitted into the emergency room at Jennie Edmondson hospital with a gunshot wound to his leg claiming someone had shot him. After an investigation it was determined that Cullen shot himself with a firearm during a domestic dispute. Cullen then threw the loaded handgun into a neighbor’s yard before driving himself to the hospital for treatment. Officers observed a trail of blood on the outside of the residence that led to the fence of the property. The neighbor located the gun and reported it to Council Bluffs Police Department the next day. The firearm was determined to be a six shot, .22 caliber revolver, with one spent round in the cylinder. Cullen was convicted in 2007 of a felony for theft.

The investigation was conducted by the Council Bluffs Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.

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