FEDERAL DISTRICT ARCHIVE
Southern District of Alabama
Press releases recorded for this federal judicial district.
Felon with a Gun Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Edward Leonard Howard, Jr., was sentenced this morning on the charge of being a felon in possession of a firearm. Howard, 22, of Mobile, Alabama, pled guilty to the charge in July. United States District Court Judge Callie V. S. Granade imposed a sentence of 44 months imprisonment, and ordered that Howard serve three years of supervised release when he is discharged from prison. No fine was imposed but Howard was ordered to pay $100 in special mandatory assessments.
The case was investigated by the Mobile Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria A. Bedwell.
Drug Dealer Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Daniel Dewayne Conner was sentenced this morning on five counts of possession with intent to distribute methamphetamine. Court documents showed that Conner was on federal supervised release from his prior federal drug conviction when he made the sales to a confidential informant working for the Saraland Police Department. Conner, 44, of Axis, Alabama, pled guilty to the charges in February. United States District Court Judge Kristi K. Dubose imposed a sentence of 57 months imprisonment to run concurrently on the five counts, and ordered that Conner serve a term of 7 years of supervised release when he is discharged from prison. No fine was imposed but Conner was ordered to pay $500 in special mandatory assessments.
The case was investigated by the Saraland Police Department, the Mobile County Sheriff’s Office and the Department of Homeland Security Investigations. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria A. Bedwell.
Mobile County Woman Receives a Sentence of Five Years Probation for Filing False Tax Returns and Ordered to Pay $43,608 Restitution to the IRSRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Juanike Gulley, a 36 year old resident of Mobile, Alabama was sentenced to five years of probation and ordered to pay $43,608.00 restitution to the IRS for conspiring to file false tax returns for others and filing a false tax return for herself.
On July 23, 2018, according to a factual statement Gulley signed in connection with her guilty plea to the tax crimes, during 2011 through 2015, Gulley and Demetrius Kidd operated G & K Tax Service. They conspired together to file false tax returns for their taxpayer customers. Specifically, Gulley and Kidd prepared, assisted in the preparation of or directed the preparation of tax returns for six taxpayer/customers.. The tax returns they prepared had fraudulent information about Schedule C expenses, education credits and earned income credits. This false information caused the IRS to issue tax refunds to the taxpayer/customers that were higher than they would have received thereby defrauding the IRS of approximately $43,608.00. Additionally, on April 7, 2016, Gulley, a Mobile, Alabama resident, prepared her own tax return for tax year 2013 and swore under penalty of perjury that the information in the returns was true and accurate, knowing at that time she did not believe the information to be true and knew the information was false. Specifically, she stated that her income was $36,690.00 when in truth and in fact, it was higher than she stated.
Special Agents of the IRS/Criminal Investigation Division investigated the case and brought it to the U. S. Attorney=s Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Mobile County Man Receives a Sentence of Five Years Probation for Filing False Tax Returns and Ordered to Pay $43,608 Restitution to the IRSRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Demetrius Kidd, a 37 year old resident of Mobile, Alabama was sentenced to five years of probation and ordered to pay $43,608.00 restitution to the IRS for conspiring to file false tax returns for others and filing a false tax return for himself.
On July 23, 2018, according to a factual statement Kidd signed in connection with his guilty plea to the tax crimes, during 2011 through 2015, Kidd and Juanikee Gulley operated G & K Tax Service. They conspired together to file false tax returns for their taxpayer customers. Specifically, Gulley and Kidd prepared, assisted in the preparation of or directed the preparation of tax returns for six taxpayer/customers. The tax returns they prepared had fraudulent information about Schedule C expenses, education credits and earned income credits. This false information caused the IRS to issue tax refunds to the taxpayer/customers that were higher than they would have received thereby defrauding the IRS of approximately $43,608.00. Additionally, on May 9, 2017, Kidd, a Mobile, Alabama resident, prepared his own tax return for tax year 2013 and swore under penalty of perjury that the information in the returns was true and accurate, knowing at that time he did not believe the information to be true and knew the information was false. Specifically, he stated that his income was $36,690 when in truth and in fact, it was higher than he stated.
Special Agents of the IRS/Criminal Investigation Division investigated the case and brought it to the U. S. Attorney=s Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Maine Resident Sentenced to a Year in Prison for Threatening an Attack at Hangout Music FestivalRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces today that Senior United States District Judge Callie V.S. Granade sentenced Christopher Scott Carey, 30, a resident of Portland, Maine, to imprisonment for twelve months and one day for making interstate threatening communications. As part of the sentence, the judge ordered that Carey undergo three years of supervised release after finishing his term of imprisonment, pay a $100 mandatory special assessment, receive substance abuse testing, and receive treatment for substance abuse and mental health.
According to documents filed with the court as part of his guilty plea, on March 12, 2018 Carey posted threatening communications on a Facebook group page read by other persons regarding the Hangout Music Festival, a popular annual festival held in May in Gulf Shores, Alabama. Carey posted about the festival, “I’m bringing an AR 15 so it should be good inside.” A Facebook user remarked, “Should be good as long as your friend brings the ammo in a separate bag.” Carey replied, “Extended mags bro [smiley face emoji] hope everyone’s ready [explosions emoji].” A Facebook user posted, “Delete this garbage” to which Carey replied, “But what if it’s for real. Got to get that warning out there.” Representatives of the music festival notified law enforcement officials, who took various security precautions as a result of Carey’s threats.
On May 4, 2018, the court signed a criminal complaint and issued a warrant for Carey’s arrest. On May 14, 2018, government agents arrested Carey in Portland, Maine. After being Mirandized, Carey admitted to sending the Facebook messages with the intent to communicate a true threat and with the knowledge that they would be viewed as a true threat by readers of the messages. Carey said that he recalled the mass shooting at a music festival in Las Vegas, Nevada in October 2017 and knew the similarities between what he posted and what had occurred at the Las Vegas festival.
On May 31, 2018, a federal grand jury for the Southern District of Alabama charged Carey with one count of making interstate threatening communications in violation of 18 U.S.C. § 875(c). On July 23, 2018, Carey pleaded guilty before Senior Judge Granade to the charge.
The Federal Bureau of Investigation and the Gulf Shores Police Department investigated the case. Assistant United States Attorney Sinan Kalayoglu prosecuted the case.Mobile County Man Receives 188 Month Sentence for Possession of a Firearm After Felony ConvictionRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Devon Deshaun Lawson a resident of Mobile, Alabama was sentenced to 188 months incarceration for possession of a firearm after being convicted of a felony of Distribution of a Controlled Substance in January 2008.
On June 7, 2018, Lawson pled guilty to the offense of felon in possession of a firearm. According to a factual statement Lawson signed in connection with his guilty plea, on about August 31, 2017, Mobile County Sheriff’s Department deputies executed a traffic stop when they came upon a vehicle stopped in the middle of the Louis Tillman and Grand Webb Roads in Mobile County, Alabama. When the deputies turned on their blue lights, the vehicle in the middle of the road drove off and pulled into a residence. After the vehicle came to a stop, the deputies smelled marijuana and conducted a search of the vehicle. The deputies retrieved drugs and recovered two guns. The guns were a .44 special revolver and a .380 handgun, both of which had been reported stolen, along with cash totaling $1,000. Lawson admitted to being a convicted felon and knew he was not supposed to own or possess firearms.
Special Agents of the Federal Bureau of Investigations along with deputies of the Mobile, County, Alabama Sheriff’s office investigated the case and brought it to the U. S. Attorney=s Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Michael D. Anderson.
Armed Drug Dealer Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Dylan Robert Davison, 27, of Loxley, Alabama, was sentenced today for using, carrying or possessing a firearm during or in relation to a drug trafficking felony. Court documents reflect that Davison was stopped by Elberta police officers on Wortel Road near Highway 98 in Baldwin County, Alabama, for making an illegal U-turn. In the search of his vehicle, officers found a gun and several different types of drugs. Davison admitted after being advised of his rights that the items were his. He pled guilty to the gun charge in federal court on June 14, 2018.
United States District Court Judge Kristi K. Dubose sentenced Davison to 5 years imprisonment, to be followed by a five year term of supervised release. She ordered that Davison will undergo testing and treatment for substance abuse in prison and while under supervision. She ordered that he pay the $100 special mandatory assessment, but did not impose a fine.
The case was investigated by the Elberta Police Department and the FBI Safe Streets Task Force. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria A. Bedwell.
Mobile County Man Receives 46 Month Sentence for Possession of a Firearm After Felony ConvictionRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Deanthony T. Murphy, a 24 year old resident of Theodore, Alabama was sentenced to 46 months incarceration for possession of a firearm after being convicted of a felony Assault, Second Degree.
On June 12, 2018, according to a factual statement Murphy signed in connection with his guilty plea to being a felon in possession of a firearm, on about February 23, 2018, Murphy was speeding while driving a red Pontiac Firebird on Highway 90 in Mobile County, Alabama. Based on this traffic violation, a Mobile County Sheriff’s deputy executed a traffic stop. The deputy asked for and received Murphy’s driver’s license. A records check revealed that Murphy had active misdemeanor arrest warrants. He was arrested and the vehicle was set to be towed. During an inventory search of the vehicle, a loaded firearm was located lodged between the driver’s seat and the center console. The firearm is described as a Jimenez Arms, 9mm pistol. Murphy admitted that he possessed the firearm. Also found during the search was approximately 525 grams of marijuana, a set of digital scales, and an open box of sandwich baggies.
At that time, Murphy had been convicted of at least one felony, namely, Assault Second Degree, on March 25, 2014, in the Circuit Court of Mobile County, Alabama, case number CC-2013-004639.
Special Agents of the Department of Homeland Security/ICE along with deputies of the Mobile, County, Alabama Sheriff’s office investigated the case and brought it to the U. S. Attorney=s Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Felon in Possession of a Firearm SentencedRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Alan Lee Baky, 41, of Bayou La Batre, was sentenced in federal court for his illegal possession of a firearm as a convicted felon. Baky pled guilty to the charge in July of 2018.
United States District Court Judge Callie V. S. Granade imposed a sentence of 46 months imprisonment, and ordered that Baky undergo substance abuse treatment. When Baky is released from custody, he will be required to serve a three-year term of supervised release. No fine was imposed in his case, but he was ordered to pay a $100 special assessment. The judge also ordered that the weapon which Baky illegally possessed would be forfeited to the United States.
The Bayou La Batre Police Department and the Federal Bureau of Investigations conducted the investigation in the case. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria A. Bedwell.
Mobile County Man Receives 27 Month Sentence for Possession of a Firearm While Using a Controlled SubstanceRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Edward Blake Freer, a 25 year old resident of Grand Bay, Alabama was sentenced to 27 months for being a user of marijuana and methamphetamine in possession of a firearm.
On July 18, 2018, according to a factual statement Freer signed in connection with his guilty plea to being a user in possession of a firearm, on July 25, 2017, Mobile County, Alabama deputies were patrolling the area of Old Pascagoula Road when they saw a Honda Accord traveling with an expired tag. They initiated a traffic stop. As the Honda slowed down, deputies could see the driver and passenger moving around in the vehicle. When deputies approached the vehicle they observed Freer and a front seat male passenger. When a deputy asked Freer for his driver’s license he could see a bullet in Freer’s lap. Next, the deputy asked Freer if he had a firearm in the vehicle and Freer responded, “Yes.” Freer then reached for his waistband and the deputy grabbed his hands and asked him to exit the vehicle. The passenger was also asked to exit the vehicle. Both men did and were checked for weapons for officer safety. Neither had weapons on his person. Freer then stated that the firearm was underneath the driver’s seat. Deputies then seized from underneath the seat a loaded Euro arms, 9mm pistol. Deputies then learned that the vehicle Freer was driving was stolen. After Freer waived his Miranda Rights, he stated that he bought the vehicle from someone for “half an ounce of weed” and did not know the vehicle was stolen. Freer also stated that he obtained the firearm from a “meth head” for protection a few hours before he was stopped by the deputies. Both men were arrested and pursuant to an inventory search of the Honda, deputies seized several syringes, two burnt marijuana cigarettes and miscellaneous drug paraphernalia. On May 3, 2018 Freer was interviewed at his mother’s residence by FBI agents. Freer told the agents that the Euro arms pistol was his and that he bought it for 3.5 grams of methamphetamine. Freer said that he had been using Methamphetamine since the age of 15 years and could also to cook methamphetamine. He also stated that he was “high” the date of the traffic stop in July 2017. Freer stated that at that time he was using Methamphetamine every weekend but said that all he uses now is marijuana.
Special Agents of the Federal Bureau of Investigation along with deputies of the Mobile, County, Alabama Sheriff’s office investigated the case and brought it to the U.S. Attorney=s Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Mobile County Man Receives 18 Month Sentence for Making Counterfeit United States Currency, Ordered to Pay $130.00 Restitution and All Items Used to Facilitate the Crime Were ForfeitedRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Christopher M. Tanner, a 45 year old resident of Mobile, Alabama was sentenced to 18 months for counterfeiting United States currency. He was also ordered to pay $80 in restitution to the Holiday Inn on Highway 90 Mobile, Alabama and $50.00 restitution to Burger King Theodore Dawes Road, Theodore, Alabama. All items used to facilitate the counterfeiting crime was forfeited to the United States.
On July 17, 2018, according to a factual statement Christopher Tanner signed in connection with his guilty plea to counterfeiting United States currency, on January 29, 2018, Christopher Tanner and his wife, Debbie Tanner, checked into a room at the Holiday Inn on Highway 90 in Mobile, Alabama. Christopher Tanner paid for the room with $80 of counterfeit U.S. currency. Once the hotel staff discovered that the money was counterfeit, they call the local authorities. Officers responded to the scene and located Christopher Tanner on the property. Mr. Tanner was Mirandized and asked if he paid cash for the room and whether he knew the money he used was counterfeited U.S. currency. Mr. Tanner stated that he did pay for the room in cash and that he received the cash from a person he did not know as payment for a business transaction. Mr. Tanner stated that he did not know the money was counterfeit. Officers then told Mr. Tanner that he would be transported to the Financial Crimes Unit of the Mobile Police Department. Mr. Tanner asked officers if they would retrieve a pair of shoes from his hotel room for him. Officers went to the room and knocked on the door. After waiting for approximately five minutes, Mrs. Tanner opened the door. Officers asked for a pair of shoes for her husband. During the wait, officers heard what they believed to be the top of a printer closing and crumbling paper. When Mrs. Tanner returned with the shoes, officers asked if she was alone in the room and if he could conduct a safety check of the room. Mrs. Tanner gave verbal consent. While conducting the safety check, the officers noticed two printers and a pack of paper inside the room. Mrs. Tanner was then detained and a search warrant was obtained for the room. Additionally, officers obtained a search warrant for the vehicle the Tanners drove to the hotel after seeing a package of printer paper in plain view through one of the vehicle’s windows. Items seized during the search of the hotel room included printers; computers; $429.00 cash that include the parent notes used to produce counterfeit federal reserve notes; $8,890.00 in counterfeited U.S. Currency; nineteen bleached genuine $1 federal reserve notes; a notebook containing notes on security information of U.S. currency; a pack of printer paper; and a can of oven cleaner.
Officers also obtained search warrants for the two seized computers. Items found during the searches included: 44 images of counterfeit currency; 20 images of driver’s licenses from various states and an internet history displaying downloads and searches for items related to manufacturing counterfeit currency and documents. All of the items seized during the searches were instrumentalities of and helped facilitate the production of counterfeited U.S. currency.
On January 4, 2018 in DeRidder, Louisiana, Christopher Tanner attempted to pay his electric bill at Beauregard Electric with two counterfeit $20 dollar bills include with genuine U.S. currency. He was not arrested at that time because officers believed his story when he told them he did not know the money was counterfeit.
On March 14, 2018, Tanner went into the Walmart in DeRidder, Louisiana, and purchased merchandise with counterfeited $20 bills. He was not apprehended that day but his fraudulent transaction was captured on Walmart’s security camera video.
On March 17, 2018 in DeRidder, Louisiana, Christopher Tanner was arrested for possessing, passing and attempting to pass counterfeit currency. On this date, a search warrant was executed at a hotel room he was staying in. The items seized during that search included: 1) approximately $18,130 in counterfeit U.S. currency; 2) a Blackberry tablet; 3) a Verizon tablet; 4) an HP Laptop computer. All of Tanner’s criminal activities in DeRidder were continuous actions that were part of his conspiracy in Mobile.
Special Agents of the United States Secret Service along with officers of the Mobile, Alabama Police Department investigated the case and brought it to the U.S. Attorney=s Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Florida Man Receives 93 Month Sentence for Conspiring to Distribute Heroin and Possession of a Firearm in Furtherance of Drug Trafficking CrimeRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Erskine Simmons, a 31 year old resident of Pensacola, Florida was sentenced to 33 months for conspiring to distribute heroin followed by 60 months for possession of a firearm in furtherance of that drug trafficking crime.
On June 22, 2018, according to a factual statement Simmons signed in connection with his guilty pleas to conspiring to distribute approximately 36.67 grams of heroin and possession of a firearm in furtherance of that drug trafficking crime, on May 1, 2017, deputies of the Mobile County Alabama Sheriff’s Office enlisted the aid of a cooperating defendant (CD) to introduce them to a heroin dealer he/she knew as “G”. After the CD made the introductions, an undercover deputy purchased approximately 4.95 grams of heroin from “G” (whose actual name is Erskine Simmons) for $1000. The undercover deputy also gave Simmons an additional $150 for the man who drove Simmons to the buy location. Conversations between the undercover deputy and Simmons regarding this transaction were captured on audio tape. On May 3, 2017, the undercover deputy contacted Simmons, on his own, and set up a buy of an additional 7.71 grams of heroin. The undercover deputy paid Simmons $1000 for the heroin and $150 for Simmons’ driver. The conversations between Simmons and the undercover deputy for this transaction were captured on audio tape. On May 9, 2017, the undercover deputy purchased an additional 24.01 grams of heroin from Simmons. The undercover deputy paid Simmons $2000 for the heroin and $200 for the driver. This time, Simmons was aided by a man who drove Simmons to the buy location knowing what Simmons intended to do once they arrived to meet the undercover deputy. Simmons agreed to pay the driver to transport Simmons to the buy location. To complete the sale of the 24.01 grams of heroin to the undercover deputy, Simmons asked a woman riding with them to exit the vehicle, get into the vehicle of the undercover deputy and give the undercover deputy the heroin. The woman agreed to do so, and did, knowing that the bag Simmons gave her to give to the undercover deputy contain a quantity of heroin. Conversations related to this transaction were recorded on audio tape. Deputies arrested Simmons, and his two co-horts immediately after the third transaction and used a drug dog to sniff around the vehicle used by the three to travel to the buy location. The drug dog alerted to the vehicle and it was searched. Seized from the vehicle was a small quantity of marijuana and a small quantity of cocaine taken from a purse. Also seized from the trunk of the vehicle was a camouflage book bag with an Iberia Firearms, .40 caliber pistol hidden inside. Simmons confessed to the three drug crimes and that he possessed the firearm for his protection.
Special Agents of the Department of Homeland Security/ICE investigated the case along with deputies of the Mobile County Sheriff’s Office and brought it to the U.S. Attorney=s Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Mississippi Man Sentenced for Methamphetamine TraffickingRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that United States District Court Chief Judge Kristi K. DuBose sentenced Ron Luvell Dedeaux on October 12, 2018 to serve a term of imprisonment of 142 months followed by 10 years of supervised release for conspiracy to possess with the intent to distribute methamphetamine in violation of Title 21 USC § 846. The defendant previously plead guilty to the offense on August 22, 2016.
Plea documents filed in the case established that on March 25, 2016, Dedeaux was in California with the co-defendant, Brandon Wayne Bullock. Dedeaux had obtained approximately 1,037.3 grams of methamphetamine and approximately 1,209.3 grams of marijuana from a source of supply in California. Dedeaux arranged for the co-defendant, Brandon Bullock, to ship the methamphetamine and marijuana by Express Mail in three packages to Pass Christian, MS.
The methamphetamine and marijuana was intercepted by US Postal Inspectors in Mobile while en route to Mississippi. On March 30, 2016, Dedeaux and Bullock were arrested when they attempted to pick up the packages in Mobile. Bullock previously plead guilty in federal court and was sentenced to 120 months imprisonment.
The case was investigated by the United States Postal Inspection Service and the Mobile County Sheriff’s Office. The case was prosecuted by Organized Crime Drug Enforcement Task Force (OCDEFT) Lead Attorney, George F. May for the United States Attorney’s Office for the Southern District of Alabama. United States Attorney Moore highly praised the efforts of the Postal Inspection Service and the Mobile County Sheriff’s Office for their vigilant efforts in this prosecution. Moore stated that his office would continue to stand arm in arm with our federal and state partners in doing all we can do to keep the community safe and carry out the mandates of the Department of Justice.
Methamphetamine Trafficker Sentenced to More Than 12 Years in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that United States District Court Judge William H. Steele sentenced Adam Joshua Hanshew on October 9, 2018 to serve a term of imprisonment of 146 months followed by 5 years of supervised release for possession with the intent to distribute methamphetamine in violation of Title 21 USC § 841(a)(1). The defendant previously plead guilty to the offense on June 16, 2017.
On April 16, 2017, officers with the Mobile County Street Enforcement Narcotics Team (MCSENT) stopped the defendant in a vehicle on Interstate 65 in Mobile County. Canine “Masco” alerted for the presence of narcotics in the vehicle. Officers searched the trunk of the vehicle and located a large air mattress box that contained a black trash bag filled with 5 large bags of methamphetamine. The methamphetamine was later determined to weigh approximately 5 kilograms.
The case was investigated by the Mobile County Street Enforcement Narcotics Team (MCSENT) and referred to the Department of Homeland Security, Homeland Security Investigation for prosecution. The case was prosecuted by Organized Crime Drug Enforcement Task Force (OCDEFT) Lead Attorney, George F. May for the United States Attorney’s Office for the Southern District of Alabama.
Methamphetamine Trafficker Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that United States District Court Chief Judge Kristi K. DuBose sentenced Reginald Thomas Gulley, Jr. on October 12, 2018 to serve a term of imprisonment of 96 months followed by 10 years of supervised release for conspiracy to possess with the intent to distribute methamphetamine in violation of Title 21 USC § 846. The defendant previously plead guilty to the offense on February 21, 2018.
Plea documents filed in the case established that on June 8, 2017, Mobile County Street Enforcement Narcotics Team (MCSENT) officers executed a search warrant for a motel room in Mobile County and recovered approximately 385 grams of methamphetamine, 19 grams of crack cocaine, digital scales, and a firearm, which were all co-located in a hiding spot in the room. The drugs were packaged for sale. Gulley later confessed that the scales, drugs and firearm belonged to him and he admitted to buying the firearm off the street.
On July 24, 2017 a confidential informant (CI) contacted the co-defendant Terry Demetrius Wilson to obtain methamphetamine from Wilson. The CI drove to Wilson’s home and picked him up and then the CI drove to a gas station. The defendant, Gulley, showed up at the gas station in another vehicle. Wilson then brought the CI’s money to Gulley, and retrieved methamphetamine from Gulley, (approximately 5 grams) and brought it to the CI. Wilson later took a “pinch” of the methamphetamine and asked the CI for $20.00 for brokering the deal.
On July 31, 2017, a CI met the co-defendant Dariese Dandrell Pierce and Pierce obtained 3.5 grams of methamphetamine from Gulley for the CI in a similar fashion as did Wilson. However on this occasion, after the first deal, Pierce and Gulley drove to a second location to obtain a second bag of 3.5 grams of methamphetamine and Pierce delivered the second bag of methamphetamine to the CI.
Wilson and Pierce previously plead guilty in federal court and were each previously sentenced.
The case was investigated by the Mobile County Street Enforcement Narcotics Team (MCSENT) and the Federal Bureau of Investigation (FBI) and referred to the Department of Homeland Security, Homeland Security Investigation for prosecution. The case was prosecuted by Organized Crime Drug Enforcement Task Force (OCDEFT) Lead Attorney, George F. May for the United States Attorney’s Office for the Southern District of Alabama.
Meth Dealer Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Audrea Gale Whitehurst, 34, of Grand Bay, Alabama, was sentenced this morning for her possession with intent to distribute methamphetamine. She pled guilty to the charge in 2017.
Honorable Kristi K. Dubose imposed a sentence of 38 months imprisonment, to be followed by a three-year term of supervised release. No fine was imposed, but Whitehurst was ordered to pay a $100 special assessment. During her imprisonment and as a condition of her supervision, Whitehurst was ordered to undergo treatment for drug abuse.
The case was investigated by the Mobile County Sheriff’s Office and the Department of Homeland Security Investigations. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria A. Bedwell.
Joint Press Conference AnnouncementRead the Press Release
- WHO: U.S. Attorneys from the Northern, Middle, and Southern Districts of Alabama, along with representatives from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the U.S. Marshals Service, the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Alabama Attorney General’s Office, the Alabama Law Enforcement Agency, the Montgomery Police Department, the Montgomery District Attorney’s Office, and the Montgomery County Sheriff’s Office.
- WHAT: Joint press conference to announce the statewide progress of Project Safe Neighborhoods (PSN) one year after the revitalization of the violent crime reduction program.
- WHEN: Friday, October 5, 2018 at 10:30am. (CDT)
- WHERE: U.S. Attorney’s Office, 131 Clayton Street, Montgomery, Alabama 36104
- NOTE: All media members must have credentials and a government issued photo ID. An RSVP is requested. Please arrive at least 15 minutes before the scheduled conference start time. A press release and interview opportunities will be available at the end of the press conference.
- WHO: U.S. Attorneys from the Northern, Middle, and Southern Districts of Alabama, along with representatives from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the U.S. Marshals Service, the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Alabama Attorney General’s Office, the Alabama Law Enforcement Agency, the Montgomery Police Department, the Montgomery District Attorney’s Office, and the Montgomery County Sheriff’s Office.
Mobile County Man Sentenced to 110 Months in Prison for Possession with the Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that United States District Court Judge Kristi K. DuBose sentenced Corey Dewayne Hughes on September 28, 2018 to serve a term of imprisonment of 110 months followed by 5 years of supervised release for possession with the intent to distribute methamphetamine in violation of Title 21 USC § 841(a)(1). The defendant previously plead guilty to the offense on August 16, 2017.
According to documents filed in connection with his guilty plea, on April 21, 2017, officers from the Mobile County Street Enforcement Narcotics Team (MCSENT) executed a search warrant at the defendant’s residence in Mobile County. Prior to the search warrant being executed, the officers made several controlled buys from the defendant at this location. During the search, officers recovered approximately 544 grams of pure methamphetamine from the defendant’s home and a number of firearms. The defendant had four previous felony convictions to include Rape 2nd , Assault 2nd and Dog-Fighting.
The case was investigated by Mobile County Street Enforcement Narcotics Team and referred for federal prosecution through the Department of Homeland Security, Homeland Security Investigations. The case was prosecuted by Organized Crime Drug Enforcement Task Force (OCDETF) Lead Attorney, George F. May for the United States Attorney’s Office for the Southern District of Alabama.
Reginald Shannon Irby Sentenced Following Guilty Plea to a Federal Firearm ChargeRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Reginald Shannon Irby of Mobile, Alabama was sentenced to 24 months imprisonment. Irby’s sentencing followed entry of a May 2018 guilty plea to a charge of prohibited person in possession of a firearm. Chief United States District Court Judge Kristi K. Dubose imposed the sentence after hearing from his attorney that Irby was a drug user that needs help. Judge Dubose noted that the twenty-six year old Irby needs to decide if he wants to be in and out of prison for the rest of his life. Judge Dubose also recognized Irby’s family support in the courtroom and told Irby that he could turn things around. The Judge imposed the federal term of imprisonment to run concurrently from the date of sentencing, with a state revocation sentence Irby is currently serving for two prior armed burglary convictions from 2013. Irby’s guilty plea included his admission that on January 3, 2018, he was in knowing possession of a loaded .32 caliber revolver.
Possession of a firearm by a prohibited person, in this instance a convicted felon, is a violation of Title 18, United States Code Section 922(g)(1). Irby’s term of imprisonment will be followed by a three (3) year term of supervised release.
This case arose from a referral by the Mobile Police Department to the Mobile Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives who completed the investigation. The case was prosecuted by the United States Attorney’s Office for the Southern District of Alabama.
Mobile County Man Sentenced to 36 Months for Illegal Possession of AmmunitionRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Steven Glenn Miller, a 46 year old resident of Mobile, Alabama was sentenced to 36 months for illegal possession of ammunition after being convicted of seven felonies.
According to a factual statement Miller signed in connection with his guilty plea, on June 14, 2018, on March 19, 2018, Mobile County deputies were investigating the theft of a stolen trailer and an ATV. During the course of the investigation, Miller was arrested. A search of Miller’s person, incident to his arrest, located a magazine loaded with two bullets. Miller admitted that he put the bullets in his pocket. At that time, Miller had been convicted of seven felonies, namely, Felon in Possession of a Firearm on March 22, 2005, in the United States District Court, Southern District of Alabama; Possess/Receive Controlled Substance on July 9, 2015, in the Circuit Court of Mobile County, Alabama; Burglary Third Degree on July 9, 2014, in the Circuit Court of Mobile County, Alabama; Theft of property, First Degree on August 19, 2004, in the Circuit Court of Mobile County, Alabama; Breaking/Entering Vehicle on August 19, 2004, in the Circuit Court of Mobile County, Alabama; Theft of Property First Degree on August 19, 2004, in the Circuit Court of Mobile County, Alabama; Possess/Receive Controlled substance on December 9, 2012, in the Circuit Court of Mobile County, Alabama.
Michael Devane Overton Sentenced Following Guilty Plea to a Federal Firearm ChargeRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Michael Devane Overton of Jackson, Alabama was sentenced to one year, and one day imprisonment. Overton’s sentencing followed entry of a May 2018 guilty plea to a charge of prohibited person in possession of a firearm. The sentence imposed by Chief United States District Court Judge Kristi K. Dubose was a variance from the advisory sentencing guideline range of 30-37 months. The term of imprisonment is to be followed by a three year term of supervised release with the first year to be served on home detention with location monitoring. During the term of supervised release, Overton is prohibited from having inappropriate contact with females by any means, and must provide access to check his internet devices at any time requested by his probation officer.
Overton’s guilty plea included his admission that he was committed to a mental institution, by Order of the Clarke County Probate Court in June 2013. In September 2017, the Mobile Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives began working with the Jackson, Alabama Police Department on an investigation of Overton’s July 2017, purchase of a 12 gauge shotgun from a local federal firearms licensee, and his subsequent attempt to purchase several other firearms. On September 22, 2017, a state search warrant was executed at Overton’s residence in Jackson. During the execution of the search warrant three firearms were recovered from his bedroom, along with firearm magazines and ammunition.Possession of a firearm by a prohibited person, in this instance an individual who has been previously committed to a mental institution, is a violation of Title 18, United States Code Section 922(g)(4).
This case arose from a referral by the Jackson, Alabama Police Department to the Mobile Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives who completed the investigation. The case was prosecuted by the United States Attorney’s Office for the Southern District of Alabama.
Seven Selma Residents Enter Guilty Pleas in Separate Cases to Being in Possession of Firearms After Felony ConvictionsRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that seven residents of Selma, Alabama entered guilty pleas to violating Title 18 United States Code, Section 922(g)(1) – the felon in possession of a firearm statute.
On September 14, 2018, Daryl Dewayne Struggs pled guilty to possession of two Smith & Wesson, 9mm pistols found in his possession on March 28, 2017. Prior to March 2017, Struggs had been convicted of three felonies in Dallas County, Alabama Circuit Court, namely, Unlawful Possession of Marijuana, 1st Degree; Burglary 3rd Degree; and Robbery 3rd Degree. Struggs’ sentencing is set for December 11, 2018, before the Honorable William H. Steele. The Assistant U. S. Attorney Assigned to the case is Sinan Kalayoglu.
On September 17, 2018, Octavius Tyrone Peace pled guilty to possession of a Taurus, .38 caliber revolver found in his possession on May 20, 2018. Prior to May 2018, Peace had been convicted of two felonies in the United States District Court for the Western District of Kentucky, namely Bank Fraud; and Passing, Uttering, Presenting, Offering, Brokering Issuing or Selling False or Fictitious Instruments with the Intent to Defraud. Peace’s sentencing is set for December 14, 2018, before the Honorable Kristi K. Dubose. The Assistant U. S. Attorney assigned to the case is Alex Lankford.
On September 17, 2018, Antonio Demond Butler pled guilty to possession of a Taurus, 9mm pistol found in his possession on May 8, 2018. Prior to May 2018, Butler had been convicted of a felony, namely Unlawful Possession of a Controlled Substance in the Circuit Court of Tuscaloosa County, Alabama. Butler’s sentencing is set for December 14, 2018, before the Honorable Kristi K. Dubose. The Assistant U. S. Attorney assigned to the case is Michele O’Brien.
On September 19, 2018, Jimmy Lee Woods pled guilty to possession of a Phoenix Arms, .25 caliber, semi-automatic pistol found in his possession on May 16, 2018. Prior to May 2018, Woods had been convicted of a felony, namely, Burglary 3rd Degree in the Circuit Court of Perry County, Alabama. Woods sentencing is set for December 19, 2018, before the Honorable Callie V. S. Granade. The Assistant U. S. Attorney assigned to the case is Gloria Bedwell.On September 19, 2018, Willie James Collins, Jr. pled guilty to possession of three firearms, namely, a Glock, .45 caliber pistol; an ATI, .556 caliber rifle; and a Mossberg, .22 caliber pistol, found in his possession on December 8, 2017. Prior to December 2017, Collins had been convicted of a felony, namely Receiving Stolen Property 3rd Degree in the Circuit Court of Marengo County, Alabama. Collins sentencing is set for December 11, 2018, before the Honorable William H. Steele. The Assistant U. S. Attorney assigned to the case is Michele O’Brien.
On September 26, 2018, Dwight Contrell Tanker pled guilty to possession a Taurus, .380 caliber pistol found in his possession on April 26, 2018. Prior to April 2018, Tanker had been convicted of a felony, namely, Possession of Marijuana 1st Degree in the Circuit Court of Tuscaloosa County, Alabama. Tanker’s sentencing is set for January 9, 2019, before the Honorable Callie V. S. Granade. The Assistant U. S. Attorney assigned to the case is Michele O’Brien.
On September 26, 2018, Brandon Dejuan Ward pled guilty to possession of a High Point, 9mm pistol found in his possession on September 14, 2017. Prior to September 2017, Ward had been convicted of three felonies in Dallas County, Alabama Circuit Court, namely, Burglary 1st Degree; Receiving Stolen Property, 1st Degree; and Discharging a Firearm Into an Occupied Building. Ward’s sentencing is set for January 9, 2019, before the Honorable Callie V. S. Granade. The Assistant U. S. Attorney assigned to the case is Vicki Davis.
All of these cases were investigated collectively by officers of the Selma, Alabama Police Department, special agents of the Bureau of Alcohol Tobacco, Firearms and Explosives, investigators of the Fourth Judicial Task Force, officers of the Alabama Law Enforcement Agency and investigators with the Alabama Attorney General’s Office.
Four Dallas County Men Plead Guilty in Unrelated Cases to Illegal Possession of FirearmsRead the Press Release
The United States Attorney, Richard W. Moore, announces that the following men entered guilty pleas to federal gun crimes:
On September 14, 2018, George Armstead, a 29 year old resident of Selma, Alabama pled guilty to possession of a firearm after being convicted of a felony. At the change of plea hearing, Armstead agreed that on May 22, 2018, a Selma, AL police officer initiated a traffic stop on a green Honda being driven by Armstead for speeding. During a routine records check using Armstead’s driver’s license information, the officer learned that Armstead had an outstanding warrant. The officer told Armstead he was going to be arrested based on the warrant and asked Armstead if he has weapons or contraband in the vehicle because it would be towed. Armstead told the officer that “his brother’s firearm” was inside the vehicle underneath the passenger seat. The firearm was seized. It is described as a Smith & Wesson, .40 caliber pistol. The firearm had been reported stolen sometime prior to May 22, 2018. Later that day, Armstead was Mirandized and agreed to talk to police. The interview was recorded. Armstead said that the firearm was his and that he placed it underneath the passenger seat. Armstead said that he bought the firearm off the streets for $100 because he thought it was being sold for a good price. Armstead also said that he bought the pistol for protection. He further said that he was a felon and was on state probation for Robbery 1st Degree. Armstead said that he was not a bad guy. At that time, Armstead had been convicted of a felony, Robbery 1st, on April 6, 2015 in the Circuit Court of Dallas County, Alabama, case number CC-2013-000146. Armstead’s sentencing is set for December 14, 2018. Special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives and officers of the Selma, Alabama police department investigated the case. The prosecutor assigned to the case is Assistant U. S. Attorney, Gina S. Vann.
On September 19, 2018, Clarence Brenson, a 25 year old resident of Selma, Alabama pled guilty to possession of a firearm after being convicted of a felony. At the change of plea hearing, Brenson agreed that on June 2, 2018, Selma, AL police officers initiated a traffic stop on a vehicle being driven by a female for failing to yield for an emergency vehicle. Brenson was in the front passenger seat and two small children were in the back seat. The officers smelled the strong odor of marijuana and asked the female to exit the vehicle. When she did, she told the officers she had been smoking marijuana. Officers asked her if they would find marijuana if they searched the vehicle and she said, “No” because she smoked it all. She gave permission to search the vehicle. As Brenson exited the front passenger seat officers, observed a Romarm/Cugir, model WSAR-10, 7.62X39 caliber rifle on the floor board. The firearm was loaded. While Brenson was seated, the firearm was between his feet. Brenson told the officers he did not have identification and gave the officers his social security number. Brenson also told the officers he was a registered sex offender. Brenson agreed that he was in constructive possession of the firearm that was between his feet at the time of the traffic stop. A search of the vehicle yielded a small amount of marijuana and spent shell casings. At that time, Brenson had been convicted of a felony, Rape 2nd, on June 13, 2016 in the Circuit Court of Dallas County, Alabama, case number CC-2013-000238. Brenson’s sentencing is set for December 19, 2018. Special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives and officers of the Selma, Alabama police department investigated the case. The prosecutor assigned to the case is Assistant U. S. Attorney, Gina S. Vann.
On September 25, 2018, Jermaine Butler, a 27 year old resident of Selma, Alabama, pled guilty to possession of a firearm after being convicted of a felony. At the change of plea hearing, Butler agreed that on May 25, 2018, Dallas County, AL deputies set up a random driver’s license checkpoint in Selma, Alabama. A Chevrolet Impala driven by Butler stopped several yards short of the checkpoint. Deputies motioned for Butler to continue to the checkpoint. Butler then drove past the checkpoint then stopped. As deputies approached the driver’s side of the vehicle, they smelled marijuana and saw one passenger in the vehicle with Butler. Both were asked to exit the vehicle. When Butler opened the front driver’s side door, deputies saw a small amount of marijuana. Butler was immediately detained. Deputies then saw a rifle on the floorboard of the backseat of the vehicle. The rifle was loaded. The rifle is described as a Zastava, model N-PAP DF, 7.62X39 caliber rifle. A probable cause search of the vehicle was conducted. The search discovered another quantity of marijuana stuffed between the front seats. Butler then stated that the rifle and the marijuana were his and the passenger also stated that the rifle and marijuana belonged to Butler. Butler was previously convicted of Assault 1st Degree on March 3, 2015, in the Circuit Court of Dallas County, Alabama, case number CC-2012-000045. Butler’s sentencing is set for January 18, 2018. Special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives and deputies of the Dallas County Sheriff’s Office investigated the case. The prosecutor assigned to the case is Assistant U. S. Attorney, Gina S. Vann.
On September 25, 2018, Chadwick Blake, a 31 year old resident of Selma, Alabama pled guilty to possession of a firearm after being convicted of a felony. At the change of plea hearing Blake agreed on October 24, 2017, Daryl Bradford, an Alabama Parole Officer conducted a home visit of Blake at his residence. Bradford found one round of 9mm ammunition in Blake’s pocket. Bradford arrested Blake for violating his probation. Bradford then searched Blake’s residence. Bradford found a Taurus, model Millennium, G2, 9mm pistol. Blake was previously convicted of Assault 2nd, on August 12, 2015, in the Circuit Court of Dallas County, Alabama, case number CC-2015-000123. Blake’s sentencing is set for January 8, 2018. Special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, investigators of the Alabama Attorney General’s Office and officers of the Selma, Alabama police department investigated the case. The prosecutor assigned to the case is Assistant U. S. Attorney, Gina S. Vann.
Mobile County Man Sentenced to 60 Months in Prison for Possession with the Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that United States District Court Judge William H. Steele sentenced Russell Curtis Odom on September 18, 2018 to serve a term of imprisonment of 60 months followed by 4 years of supervised release for possession with the intent to distribute methamphetamine in violation of Title 21 USC § 841(a)(1). The defendant previously plead guilty to the offense on June 21, 2018.
On January 31, 2017, officers from the Mobile County Street Enforcement Narcotics Team (MCSENT) executed a search warrant at the defendant’s residence in Mobile County. Prior to the search warrant being executed, the officers made several controlled buys from the defendant at this location. During the search, officers recovered approximately 11. 2 grams of pure methamphetamine from the nightstand of the defendant’s bedroom. The officers also located two loaded firearms in the home.
The case was investigated by Mobile County Street Enforcement Narcotics Team and referred for federal prosecution through the Department of Homeland Security, Homeland Security Investigations. The case was prosecuted by Organized Crime Drug Enforcement Task Force (OCDETF) Lead Attorney, George F. May for the United States Attorney’s Office for the Southern District of Alabama.
Mobile County Man Sentenced to 41 Months in Prison for Possession of a Firearm After Felony ConvictionRead the Press Release
The United States Attorney, Richard W. Moore, announces that Johnny Wilson Weaver, a 37 year old resident of Semmes, Alabama was sentenced to 41 months of incarceration for illegal possession of a Hi-Point 9mm rifle after being convicted of felony Possession of a Controlled Substance.
According to a factual statement Weaver signed in connection with his guilty plea, on June 18, 2018, on or about June 14, 2017, deputies of the Mobile County Sheriff’s Office travelled to Weaver’s residence to investigate a complaint of possession illegal drugs and child endangerment. When they arrived, Weaver greeted them at his front door. The deputies told Weaver of the complaint and Weaver responded that he had just been released from prison and he lived there with his wife and child. Deputies asked Weaver to tell them of the location of his wife and daughter. Weaver responded that they were at their grandmother’s house. Weaver then told the deputies that he was rolling a marijuana cigarette when they arrived and when he saw them, he threw the marijuana out the window. Weaver agreed to show the deputies where he threw the marijuana. While they looked for the marijuana, one deputy noticed a Hi Point, model 995, .9mm rifle with an obliterated serial number. Deputies then read Weaver his Miranda Rights. Weaver waived his rights and told the deputies that he was “holding” the rifle for a friend but refused to give the friend’s name. Weaver then admitted that he had been firing the rifle occasionally over the last week on his property. Weaver then signed a consent to search his residence. The search was not productive because the residence was in disarray.
At that time, Weaver had been convicted of at least one felony, namely, Possession of Controlled Substance, on June 20, 2016, in the Circuit Court of Mobile County, Alabama, case number CC-2015-004904.
Special agents of the Immigration and Customs Enforcement Agency (ICE) along with Mobile, Alabama County deputies investigated the case and presented it to the United States Attorney’s Office for prosecution. The prosecutor assigned to the case was Assistant United States Attorney Gina S. Vann.
Methamphetamine Trafficker Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that United States District Court Judge William H. Steele sentenced Paciano Rodriguez on September 18, 2018 to serve a term of imprisonment of 37 months followed by 5 years of supervised release for possession with the intent to distribute methamphetamine in violation of Title 21 USC § 841(a)(1). The defendant previously plead guilty to the offense on June 21, 2018.
During the course of the investigation, the defendant offered to sell a confidential informant methamphetamine. The defendant travelled to Birmingham to obtain the methamphetamine and then rode to Bay Minette, Alabama with the confidential informant to deliver the methamphetamine to the putative buyer. On March 1, 2018, the defendant was arrested at the location in Bay Minette where he was to deliver the methamphetamine. The defendant had approximately 232.1 grams of methamphetamine, mixture and substance, in his possession that he intended to deliver to the buyer.
The case was investigated by the U.S. Department of Homeland Security, Homeland Security Investigations (HSI). The case was prosecuted by Organized Crime Drug Enforcement Task Force (OCDEFT) Lead Attorney, George F. May for the United States Attorney’s Office for the Southern District of Alabama.
Methamphetamine Trafficker Sentenced in Federal CourtRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that United States District Court Judge Callie V.S. Granade sentenced Randy Eugene Rester on September 24, 2018 to serve a term of imprisonment of 37 months followed by 4 years of supervised release for possession with the intent to distribute methamphetamine in violation of Title 21 USC § 841(a)(1). The defendant previously plead guilty to the offense on June 20, 2018.
On January 5, 2017, the Mobile County Street Enforcement Narcotics Team (MCSENT) executed a search warrant at Deleisha West’s residence on Foots Road in Mobile County and recovered approximately 576 grams of pure methamphetamine in her home and in her vehicle. West confessed to law enforcement that she was a methamphetamine dealer. West was previously charged and sentenced in federal court on December 19, 2017 to 51 months imprisonment for possessing with the intent to distribute this methamphetamine.
At the time of the search warrant West was in front of her home next to a car selling one ounce of methamphetamine to the defendant Randy Eugene Rester. This sale just coincidentally happened to be occurring at the time of the search warrant execution and was not a part of a law enforcement undercover operation. The defendant, Randy Eugene Rester, was driving the vehicle. The defendant confessed that he came to the location to pick up the ounce of methamphetamine and he confessed that he was actually brokering the one ounce methamphetamine transaction for another buyer.
The case was investigated by the Mobile County Street Enforcement Narcotics Team (MCSENT) and referred to the Drug Enforcement Administration (DEA) for prosecution. The case was prosecuted by Organized Crime Drug Enforcement Task Force (OCDEFT) Lead Attorney, George F. May for the United States Attorney’s Office for the Southern District of Alabama.
Twice-Convicted Drug Dealer Sentenced on Drug ChargesRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Charles Raymond Stagner, 36, of Saraland, Alabama, was sentenced in federal court on his conviction on two counts of possession with intent to distribute methamphetamine. Stagner was convicted by a jury following a trial in June of 2018. Evidence from the trial showed that Stagner sold methamphetamine to a confidential informant working with the Saraland Police Department, and when officers obtained a search warrant for his residence, they found additional quantities of methamphetamine, scales and other drug paraphernalia. Court documents reflect that Stagner’s prior federal conviction for conspiracy to manufacture methamphetamine occurred in 2009.
United States District Court Judge William H. Steele imposed a sentence of 132 months imprisonment on each count, with the sentences to run concurrently. When Stagner is released from prison, he will serve eight years of supervised release. As conditions of his supervised release, the judge ordered that Stagner would receive drug and alcohol treatment as well as mental health counseling. No fine was imposed but Stagner was ordered to pay $200 in special mandatory assessments.
The case was investigated by the Saraland Police Department, the Mobile County Sheriff’s Office and the Department of Homeland Security, Homeland Security Investigations. It was prosecuted in the United States Attorney’s Office by AUSA Gloria A. Bedwell.
Louisiana Man Sentenced to 30 Months in Prison for Possession of Firearms After Conviction of Misdemeanor Crime of Domestic ViolenceRead the Press Release
The United States Attorney, Richard W. Moore, announces that Antoine Q. Washington, a 29 year old resident of Monroe, Louisiana was sentenced to 30 months of incarceration for illegal possession of two firearms after being convicted of misdemeanor domestic violence.
According to a factual statement Washington signed in connection with his guilty plea, on February 10, 2017, ALEA Corporal Christen conducted a traffic stop of a vehicle driven by Washington for improper lane change. Washington was the sole occupant of the vehicle. During the stop, Corporal Christen smelled marijuana emanating from inside the vehicle. He then asked Washington to exit the vehicle. Corporal Christen then issued Washington a warning citation and detained him to conduct a probable cause search of the vehicle. Seized during the search, was an Arsenal, AK-47 rifle and a Ruger .40 caliber pistol. Also seized was more than 500 rounds of ammunition described as .940 Berdan-primed 7.62 x 39mm, FMJ, lead core Ammunition; .260 Wolf Ammunition 9mm x 19mm and Magtech Ammunition. Washington confessed to possession of the firearms and ammunition saying that he bought them off the street for $400.
At that time, Washington had been convicted of two domestic violence crimes, namely, Domestic Abuse Battery, on September 18, 2012, in the Fourth Judicial District Court, Parish of Ouachita, State of Louisiana case number, 12-M-002036; Assault DV, on July 14, 2009, in the County Criminal Court, Dallas County, Texas, case number MA0833712L.
Officers of the Alabama Law Enforcement Agency (ALEA) along with special agents of the Federal Bureau of Investigation (FBI) investigated the case and presented it to the United States Attorney’s Office for prosecution. The prosecutor assigned to the case was Assistant United States Attorney Gina S. Vann.
Illegal Alien Sentenced to Five Years on Immigration and Firearm OffensesRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces that Jose Luis Alonso DeLeon was sentenced today by United States District Judge William Steele. DeLeon pled guilty without benefit of a plea agreement to an indictment charging him with possession of a firearm by an illegal alien, a violation of 18 USC Section 922(g), which carried a maximum penalty of up to ten years imprisonment and three years of supervised release; and illegal reentry of a removed alien, which carried a maximum penalty of up to two years imprisonment and one year of supervised release. DeLeon was sentenced to the maximum two years in prison for illegal reentry and five years in prison for possession of a firearm by an illegal alien, both sentences to be served concurrently. Following his sentence, the judge ordered that DeLeon be delivered to immigration authorities for deportation proceedings.
The United States argued at the sentencing hearing that the Guidelines, which recommended a sentence of 15-21 months, did not adequately account for several significant facts which should be considered by the Court in determining an appropriate sentence. Instead, the United States recommended that the defendant be sentenced to five years in prison.
First, the United States argued that the Court should consider that in addition to the defendant’s criminal history calculation, it should also consider that DeLeon, a citizen of Mexico, was found in the United States on March 25, 2014 and was ordered removed. He departed on March 27, 2014 from the Laredo, Texas Port of Entry. He had also been encountered previously in the United States by the Border Patrol on May 5, 1999, February 28, 2000, March 19, 2000; March 24, 2014, March 25, 2014 and April 24, 2014.
After the April 24, 2014 encounter he was charged with violating Title 8, U.S.C. 1325, entry without inspection. He pled guilty and served 30 days imprisonment. Despite these continued contacts, DeLeon kept returning to Baldwin County in flagrant disregard of the laws of the United States.
Most significantly, the United States argued that the Guidelines did not consider the devastating consequences of DeLeon’s presence in the United States. The defendant had admitted as part of his guilty plea that the United States could prove that on March 25, 2018, Police Officers of the Fairhope, Alabama, Police Department encountered Jose Luis Alonso DeLeon at the laundromat located at 139 Baldwin Square Shopping Center in Fairhope. Officers were in the area looking for a maroon truck that had just struck and killed a bicyclist moments before.
DeLeon was still sitting behind the steering wheel in the maroon truck. Officers observed a Glock model 26 9mm pistol on the floorboard of the truck. The Glock had one round in the chamber and had been reported stolen.
Judge Steele noted that both illegal reentry and possession of a firearm by a prohibited person were serious crimes, and both were crimes frequently prosecuted in federal court. Before imposing sentence, the judge pointed out that what made this case different from others was that the defendant came to the attention of law enforcement officers as a result of their investigation into three serious felonies under Alabama law: manslaughter, leaving the scene of an accident, and receiving stolen property.
Although the federal charges arose on the same date as DeLeon’s pending charges with District Attorney Bob Wilters in Baldwin County, they are separate from the Alabama state charges of manslaughter, leaving the scene of an accident, and receiving stolen property. DeLeon is charged in state court with causing the death of Amy Hawkins who was riding her bicycle in the northbound lane of County Road 13 in Fairhope, Alabama on March 25, 2018.
The United States Attorney, Richard W. Moore, said, “Federal law in this case is inadequate to fully address the defendant’s criminal conduct and we will support fully our law enforcement partner Baldwin County District Attorney Bob Wilters in his state court prosecution on manslaughter charges. As our prosecutor Assistant U.S. Attorney Maria Murphy argued to Judge Steele, the federal sentencing guidelines do not adequately capture the totality of the defendant’s criminal activity while he was in the United States illegally. Judge Steele today recognized the inadequacy of the federal sentencing guidelines (15-21 months) and gave the defendant a much higher sentence (60 months) to more properly address the defendant’s criminal conduct. No one, however, can believe that even this enhanced sentence can begin to assuage the grief of losing a wife and mother under these tragic circumstances. I am under no such illusion.
This case dramatically demonstrates the folly of having an open border with Mexico. There are real consequences to not enforcing border security. Amy Hawkins and her family paid the price of our failed immigration policies of the past. We have to do better for the American people.”
Attorney General Jeff Sessions has previously stated that: “The American people made clear their desire to secure our borders and prioritize the public safety and national security of our homeland. …….They want us to seize this opportunity that we have right now….The United States will not stand by as our immigration laws are ignored and our nation’s safety is jeopardized.”
This case was investigated by the Department of Homeland Security, Homeland Security Investigations; the Bureau of Alcohol, Tobacco Firearms and Explosives; the Fairhope Police Department; and ALEA. This case was prosecuted by AUSA Maria E. Murphy.
Former Marine Receives 33 Months for Embezzling over $500,000 from Marine Corps and over $20,000 from Toys for TotsRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces today that Senior United States District Judge Callie V.S. Granade sentenced former United States Marine Corps Staff Sergeant Christopher Aragon, 32, a resident of Mobile, Alabama, to 33 months imprisonment for conspiring with his wife, co-defendant Teneshia Aragon, and co-defendant Dana Davis to commit wire fraud. As part of the sentence, the judge also ordered that Christopher Aragon undergo three years of supervised release after finishing his term of imprisonment, pay a $100 mandatory special assessment, receive mental health treatment, undergo credit restrictions, pay restitution totaling $534,044.08 to the U.S. Marine Corps Forces Reserve, and pay restitution totaling $20,044.70 to the Marine Toys for Tots Foundation. Moreover, the judge ordered that a residence traceable to criminal proceeds be subject to forfeiture to the United States for disposition in accordance with the law.
According to documents filed with the court as part of his guilty plea, Christopher Aragon’s offense conduct consisted of two conspiracies to defraud. First, between October 2014 and August 2016, Mr. Aragon, a former Staff Sergeant and Unit Supply Chief for 3d Force Reconnaissance Company (3d Force Recon) in the Marine Corps in Mobile, Alabama, conspired with Teneshia Aragon and Dana Davis, owner and sole proprietor of the Runway Café, a restaurant in Mobile, Alabama, to achieve personal financial gain by defrauding the Marine Corps. Christopher Aragon made unauthorized, fraudulent charges to a unit travel card assigned to 3d Force Recon. The card was a government credit card used to pay for food and lodging expenses for reservists performing drill functions with 3d Force Recon. Christopher Aragon was the authorizing official for the unit travel card and approved fraudulent charges from Runway Café. He prepared false documents, such as invoices and personnel rosters, and submitted them to the Marine Corps, which later conducted an audit and noticed excessive discrepancies in food expenditures. For example, the Marine Corps noticed that (1) many Runway Café invoices did not match official 3d Force Recon activities and, therefore, did not support a legitimate need for food services, (2) Runway Café’s invoices were for more meals than could be consumed by the number of Marines assigned to 3d Force Recon, (3) the personnel rosters, which contained the names of 3d Force Recon Marines who supposedly consumed the meals, were fabricated, and (4) Runway Café’s invoices contained unauthorized service fees. The criminal conspiracy caused a financial loss to the Marine Corps of around $554,044.08. Since Runway Café issued a $20,000 refund to the Marine Corps during the conspiracy, the Marine Corps is owed $534,044.08.
Second, between December 2013 and December 2014, Christopher and Teneshia Aragon conspired to achieve personal financial gain by defrauding the Marine Toys for Tots Foundation, a tax exempt, not-for-profit public charity that serves as the fundraising and support organization for the Marine Corps Reserve Toys for Tots Program. Christopher Aragon served as 3d Force Recon’s Toys for Tots program coordinator and possessed a credit card issued linked to funds in 3d Force Recon’s local Toys for Tots account. With the card, he could buy toys and pay for expenses associated with the Toys for Tots Foundation. Unbeknownst to the foundation, Christopher Aragon used the credit card to make unauthorized payments to himself. As part of the conspiracy with his wife, Christopher Aragon prepared fraudulent documents, such as invoices, and submitted them to the Toys for Tots Foundation, which ultimately lost around $23,044.70 due to the criminal conduct. The Aragons later credited $3,000 back to the foundation, leaving a balance of $20,044.70.
On March 29, 2018, a federal grand jury for the Southern District of Alabama charged Dana Davis with one count of conspiracy for seeking to defraud the Marine Corps, and the Aragons with two counts of conspiracy for seeking to defraud the Marine Corps and the Toys for Tots Foundation. In May 2018, all three defendants pleaded guilty before Senior Judge Granade to conspiring to defraud the Marine Corps. On August 20, 2018, Dana Davis was sentenced to six months imprisonment and ordered to make full restitution to the Marine Corps. On September 10, 2018, Teneshia Aragon was sentenced to five years of probation with the first six months in home confinement, and ordered to make full restitution to the Marine Corps and the Toys for Tots Foundation.The Naval Criminal Investigative Service and Defense Criminal Investigative Service investigated the case. Assistant United States Attorney Sinan Kalayoglu prosecuted the case.
Armed Drug Dealer SentencedRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Tamiez Antwan Weeks, 22, of Mobile, was sentenced this morning in federal court on the charge of using, carrying or possessing a firearm during and in relation to a drug trafficking felony. Weeks pled guilty to the charge in June of 2018.
Court documents reflect that Weeks was arrested by Summerdale Police after they were called to investigate a domestic disturbance between Weeks and a female passenger in a vehicle which was parked at a gas station. The passenger had called the police from the restroom in the business. Weeks was in the driver’s seat of the vehicle, and in the ensuing investigation, he was found in possession of the gun, marijuana, scales and cash, which was scattered in the vehicle.
United States District Court William H. Steele imposed a sentence of 60 months, the mandatory minimum sentence required by statute, which will be followed by a term of 5 years supervised release. The judge also ordered that Weeks will be required to undergo drug treatment while in prison and as a condition of his supervision. No fine was imposed in the case, but Weeks was ordered to pay the mandatory special assessment of $100.
The case was investigated by the Summerdale Police Department, the Daphne Police Department, and the Federal Bureau of Investigation’s Safe Streets Task Force. It was prosecuted in the United States Attorney’s Office by Gloria A. Bedwell.
Facebook Threats Lead to Felony Conviction for Fairhope ManRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces that United States District Court Judge William H. Steele sentenced Matthew Dean Adams on August 14, 2018 to time served since his incarceration on February 22, 2018 for participating in interstate threatening communications. Adams was ordered to have no contact with his victims and must successfully complete 3 years of supervised release.
Adams pled guilty to making interstate threatening communications on May 15, 2018. As part of his guilty plea, Adams admitted that on January 25, 2018, Adams contacted the husband of his ex-girlfriend, who was in Orange Beach, Alabama, both via phone and through a series of messages on Facebook Messenger, threatening to kill him and his son. Adams stated, “I’m coming brother, say goodbye to your [son]...” He also continued to harass and threaten the individual, at one point sending a message that included a photo of Adams holding an assault rifle.
Law Enforcement was able to confirm that Adams was outside of Alabama when he sent the threatening messages to his victims within the state.
The Orange Beach Police Department and the Federal Bureau of Investigation investigated this case. Assistant United States Attorneys Sean Costello and Christopher Baugh prosecuted the case for the United States Attorney’s Office for the Southern District of Alabama.
Clarke County Man Sentenced to More Than 21 Years on Child Pornography ChargesRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces that Vincent Logan Baugh, age 28, of Grove Hill, Alabama was sentenced today after earlier pleading guilty to two counts charging violations of 18 USC Section 2252A(a)(2), Receipt of Child Pornography, two counts charging violations of 18 USC Section 2251(a), Production of Child Pornography, and one count charging 18 USC 2252A, Possession of Child Pornography.
A young girl reported to the Clarke County Sheriff’s Office that Baugh had coerced her into sexual activity when she was twelve years old. After an investigation, the Federal Bureau of Investigation and Clarke County Sheriff’s Office obtained a search warrant for Baugh’s electronic devices. A forensic examination revealed that Baugh had demanded and received pornographic images from three young girls. In addition, he had approximately 250 images of child pornography which he had downloaded from the internet.At sentencing, the United States argued that the defendant had downloaded images that included infants. Also, he had caused trauma to three young girls. United States District Judge William Steele found that because of the nature and seriousness of the crimes, a high sentence was appropriate and ordered that he be imprisoned for 262 months, followed by a lifetime of supervised release.
This case was investigated by the Clarke County Sheriff’s Department and the Federal Bureau of Investigation.
Three-Month Operation Nets 24 Defendants, Takes over 50 Guns Off StreetsRead the Press Release
SELMA, Ala – A three-month operation focused on reducing violent crime in Selma and the Gulf Coast region resulted in federal charges against 24 defendants, with about 50 guns seized, announced U.S. Attorney Richard Moore, Southern District of Alabama; U.S. Attorney Louis Franklin, Middle District of Alabama; Assistant Special Agent in Charge David Hyche along with Special Agent in Charge Marcus Watson of Bureau of Alcohol, Tobacco, Firearms and Explosives; and Alabama Attorney General Steve Marshall.
The U.S. Attorney’s Office and ATF joined with local law enforcement in Selma and the Gulf Coast Region in an intense effort named “Operation Focused Remedy” which crime gun intelligence focuses on the arrest of violent offenders, disrupting the shooting cycle and taking guns off the streets. The participating agencies include Alabama Attorney General’s Office, Selma Police Department, U.S. Marshals Service, Gulf Coast Task Force, DEA, Moundville Police Department, 4th Judicial District Attorney’s Office, 4th and 17th Judicial Drug Task Forces as well as Dallas, Hale and Marengo County Sheriff’s Offices.
U.S. Attorney Moore said, “The level of gun violence in the Southern District of Alabama is too high. I appreciate the combined efforts of our federal, state and local law enforcement partners to interrupt this pattern of federal firearms violations. The U.S. Attorney’s Office will stand with the citizens of our district to insist on our streets being safe for our children and particularly safe from gun violence. Our office in the near future will have a greater presence in Selma as a part of this new initiative.”
ATF’s Crime Gun Intelligence resources include firearms tracing, the use of NIBIN (National Integrated Ballistic Information Network) and the issues surrounding stolen firearms from the public. The 24 defendants facing current gun charges all have multiple prior felony convictions.
“ATF and our partners are committed to removing the criminal element from the streets of Selma,” Watson said. “ATF Crime Gun Intelligence Centers are the driving force to reducing the violent crime and disrupting the shooting cycle that plagues our neighborhoods.”
These cases are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department of Justice’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
Anyone with information regarding firearms related violent crimes should contact the ATF at (800) ATF-GUNS (1-800-283-4867). Information also can be sent to ATF via the mobile app www.reportit.com by using the Nashville Field Division as the location.Brother and Sister Posing as Couple Sentenced in Robbery of Mobile Area WalmartRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces that United States District Court Chief Judge Kristi K. DuBose sentenced John Spinner and Valeria Brown on August 3, 2018 to a term of 10 years in federal prison each for armed robbery. Both Brown and Spinner entered a plea of guilty on April 24, 2018.
On October 10, 2016, four individuals, armed with handguns, robbed the Walmart at 2500 Dawes Road in Mobile, Alabama. Two suspects held victims at gunpoint at the self-checkout register while they stole the day’s deposit bags.
John Spinner and his sister, Valeria Brown, posed as a couple with Brown’s infant child, and served as lookouts for the other two robbers. Brown and Spinner communicated with their accomplices via cell phone, informing them when it was clear for them to enter the Walmart and commence with the robbery.
Brown and Spinner waited outside for the others, and all four fled the scene after the robbery. Brown and Spinner followed their accomplices in another vehicle and Spinner shot at citizens in order to assist their conspirators’ escape.
Both Brown and Spinner were ordered to pay $13,154.00 in restitution and will have to serve 3 years supervised release upon their release from prison.
Lawrence Battiste, Chief of Police of the Mobile Police Department commented on matter, saying, “The City of Mobile and the Mobile Police Department are thankful for the partnership with the U.S. Attorney’s Office. We are grateful for their assistance in (the) prosecution of these offenders. We look forward to an ongoing effort to remove those offenders in our community that seek to commit crimes that diminish the quality of life in Mobile.”
The Mobile Police Department and the Federal Bureau of Investigation, Mobile Field office investigated this case. Assistant United States Attorney Christopher Baugh prosecuted the case for the United States Attorney’s Office for the Southern District of Alabama.
Jackson, Alabama Resident, Former Burglar, Sentenced to Two Years for Possessing a FirearmRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces that United States District Court Senior Judge William H. Steele sentenced Avery Varkese Nash on August 2, 2018 to a term of 24 months in federal prison.
Nash, who had previously been convicted of Burglary in 2014, was a passenger in a vehicle on October 24, 2017, in Thomasville, Alabama, when Thomasville police stopped the vehicle for not having the required license plate. Neither the driver nor Nash could produce identification. The driver of the vehicle allowed police to search the trunk. It was then that Nash informed the officers that he had a pistol and a loaded magazine in the trunk. Police recovered the firearm and determined it was reported stolen.
Nash pled guilty on April 12, 2018 to the offense of felon in possession of a firearm.
The Thomasville Police Department and the Federal Bureau of Investigation, Mobile Field office investigated this case. Assistant United States Attorney Christopher Baugh prosecuted the case for the United States Attorney’s Office for the Southern District of Alabama.
United States Attorney's Office Secures 10 Year Statutory Maximum Sentence for Felon in Possession of a Firearm, While in the Presence of an Infant Child and CocaineRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces that United States District Court Senior Judge Callie V. S. Granade sentenced Harlan Bradley, Jr. on August 1, 2018 to the maximum sentence allowed, 10 years in prison, for his possession of 4 firearms.
According to the evidence at trial, On May 17, 2017, members of the Mobile County Street Enforcement Narcotics Team executed a search warrant on the residence of Bradley. Officers found Bradley in the living room on the sofa with an infant child. Also on the sofa was a bag of cocaine. During the interview, Bradley admitted that he occasionally sold drugs to “…make some extra money to buy weed and chill.”
Throughout the house, officers recovered four firearms- two hand guns and two rifles- one being an AK-47 assault weapon. Bradley, a prior convicted felon, was prohibited by law from possessing firearms and admitted to the officers that he had the weapons for his protection.
A jury found Bradley guilty on April 11, 2018. Harlan Bradley had a criminal history that included felony convictions of Assault, Discharging a Firearm into a Dwelling or Vehicle and being a Prohibited Person in Possession of a Firearm.
ATF Special Agent in Charge Marcus Watson remarked, “The efforts of ATF’s Crime Gun Intelligence leveraged investigative resources and community partnerships that resulted in this sentencing.”The Mobile County Street Enforcement Narcotics Team, Prichard Police Department, Mobile Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives, Mobile Field office investigated this case. Assistant United States Attorney Christopher Baugh prosecuted the case for the United States Attorney’s Office for the Southern District of Alabama.
Camden Man Sentenced on Gun ChargesRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that James Darren Norris, 52, of Camden, Alabama, was sentenced this morning to 37 months’ imprisonment on gun charges. Court documents show that Norris was driving a truck pulling a trailer with no lights and no tag in June of 2017. The officers noticed paraphernalia in the vehicle in plain view associated with drug use. Officers also observed that Norris was wearing a gun holster on his belt, which was empty, and his belt was unbuckled. They conducted a search of his vehicle and found other drug paraphernalia, two grams of methamphetamine and a loaded .45 caliber pistol. Norris admitted that he was a convicted felon. Agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) determined that Norris had a prior felony conviction in federal court in Mobile for being a prohibited person (a drug user) in possession of a firearm.
Norris was indicted in January of 2018 by a federal grand jury in Mobile, charged with felon in possession of a firearm. In March of 2018, ATF agents and agents from the 4th Judicial Circuit Drug Task Force traveled to Norris’ residence in Camden to execute an arrest warrant for the federal indictment. When they arrived, they found drug paraphernalia in plain view in the shop near the house, and shotgun shells around the desk in the shop. They obtained a search warrant to determine whether there was additional drug evidence or a gun in the residence or the shop. They found a 12 gauge shotgun in the house. Norris was advised of his rights, and he admitted that he was a user of methamphetamine and he used it whenever he had it, as often as a couple of times a day. In late March, the grand jury in Mobile returned a superseding indictment charging Norris with being a drug user in possession of the shotgun recovered from his residence in March. In April of 2018, Norris pled guilty to the federal charges of felon in possession of a firearm and drug user in possession of a firearm.
United States District Court Judge Callie V. S. Granade sentenced Norris to 37 months’ imprisonment concurrent on the two counts. The judge also ordered that Norris undergo drug and alcohol treatment and counseling while serving his sentence. The judge further ordered that Norris serve a three-year term of supervised release when he is discharged from his custody sentence, during which he will undergo further drug and alcohol abuse treatment. Norris was ordered to pay $200 in mandatory special assessments, but no fine was imposed.
The case was investigated by the Camden Police Department, 4th Judicial Circuit Drug Task Force, and ATF. It was prosecuted in the United States Attorney’s Office by Assistant United Sates Attorney Gloria Bedwell.
Summerdale Man Sentenced on Drug ChargesRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Nicholas Toth, 30, of Summerdale, Alabama, was sentenced on July 26, 2018, to 120 months imprisonment for possession with intent to distribute methamphetamine. Court documents show that Toth sold methamphetamine ice to a confidential informant three times during May of 2017. Toth was indicted on the federal charges of possession with intent to distribute methamphetamine in October of 2017. He pled guilty in March of 2018 to one of the drug sales.
United States District Court Judge William Steele sentenced Toth to 120 months’ imprisonment to be followed by eight years of supervised release when he is discharged from his custody sentence, during which he will undergo drug and alcohol abuse treatment. Toth was also ordered to pay $100 in mandatory special assessments, but no fine was imposed.
The case was investigated by the the Baldwin County Sheriff’s Office, the Baldwin County Drug Task Force and the FBI Safe Streets Task Force. It was prosecuted in the United States Attorney’s Office by Assistant United Sates Attorney Gloria Bedwell.
Georgia Man Sentenced on Gun ChargesRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Anthony Desean Lee, 28, of Decatur, Georgia, was sentenced on July 26, 2018, to 120 months’ imprisonment for being a convicted felon in possession of a firearm. Court documents show that federal law enforcement officers were conducting an investigation into the whereabouts of Lee and another subject, both wanted on fugitive warrants from the state of Georgia. The officers traveled to a residence in Citronelle, where they arrested Lee in the yard. The officers received consent to search the residence, where Lee admitted he was staying, and they found a .9mm pistol and an AK47 rifle, along with numerous rounds of ammunition for both weapons. In addition to the outstanding arrest warrant, the investigation showed that Lee had prior convictions for Robbery and Aggravated Assault, Armed Robbery and Possession of a Firearm during the Commission of a Crime, Aggravated Assault with a Deadly Weapon, Possession of a Firearm during the Commission of a Felony, and a prior charge of Possession of a Firearm by a Convicted Felon. Lee was indicted on the federal gun charge in Mobile in October of 2017, and he pled guilty in March of 2018.
United States District Court Judge Callie V. S. Granade sentenced Lee to 120 months’ imprisonment, which is the maximum sentence permitted by law for the offense. When Lee is released from imprisonment, he will serve three years of supervised release, during which he will undergo drug and alcohol abuse treatment. Lee was also ordered to pay $100 in mandatory special assessments, but no fine was imposed.
The case was investigated by the United States Marshals Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United Sates Attorney Gloria Bedwell.
Foley Man Sentenced on Drug and Gun ChargesRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Daren Lewis Doffee, 36, of Foley, Alabama, was sentenced on July 27, 2018, to 70 months imprisonment for possession with intent to distribute methamphetamine and using, carrying or possessing a firearm in furtherance of or in relation to a drug trafficking felony. Court documents show that Doffee was the driver of a vehicle stopped by Foley police for a traffic violation on County Road 12. Doffee told the officer that he had a gun in the vehicle, and the officer found a loaded .9mm pistol with two extra magazines in the center console. In the investigation that followed, the officers found methamphetamine, a scale, notes which appeared to represent records of prior drugs sales, and $1,810 in cash. Doffee was indicted on the federal charges in November of 2017, and he pled guilty in March of 2018.
United States District Court Judge Kristi K. Dubose sentenced Doffee to 70 months’ imprisonment, consisting of 60 months on the gun charge, with an additional 10 months on the drug charge, to run consecutively. When Doffee is released from imprisonment, he will serve six years of supervised release, during which he will undergo drug and alcohol abuse treatment. Doffee was also ordered to pay $200 in mandatory special assessments, but no fine was imposed.
The case was investigated by the Foley Police Department, the Daphne Police Department, and the FBI Safe Streets Task Force. It was prosecuted in the United States Attorney’s Office by Assistant United Sates Attorney Gloria Bedwell.
Two Consulting Companies and Nine Affiliated Skilled Nursing Facilities to Pay $10 Million to Resolve False Claims Act Allegations Relating to Medically Unnecessary Rehabilitation Therapy ServicesRead the Press Release
Southern SNF Management, Inc., Rehab Services in Motion d/b/a Dynamic Rehab and nine affiliated skilled nursing facilities in Florida and Alabama have agreed to resolve allegations that they violated the False Claims Act by submitting or causing the submission of false claims to Medicare for medically unnecessary rehabilitation therapy services, the Department of Justice announced today. Under the agreement, Southern SNF, Dynamic Rehab and the nine skilled nursing facilities will pay the United States a total of $10 million.
“Today’s settlement demonstrates our continuing commitment to ensure that Medicare providers do not place their own financial gain over patients’ clinical needs,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “Such conduct is especially unacceptable when it seeks to take advantage of older Americans, who are some of the most vulnerable members of our community.”
Medicare reimburses skilled nursing facilities based on a patient’s Resource Utilization Group (RUG) level, which is supposed to be determined by the amount of skilled rehabilitation therapy required by the patient. The United States alleged that between October 2009 and December 2013, Southern SNF, Dynamic Rehab and the nine skilled nursing facilities’ corporate policies and practices encouraged the provision of medically unreasonable and unnecessary therapy without regard for patients’ individual clinical needs. The companies’ actions resulted in the submission of false claims based on inflated RUG levels.
“The United States Attorney’s Office for the Southern District of Alabama is committed to holding accountable those who place profit over the medical needs of patients,” said U.S. Attorney Richard W. Moore for the Southern District of Alabama. “The provision of excessive and medically unnecessary therapy services will not be tolerated.”
“Health care companies that do business with the Federal government must bill taxpayer funds honestly,” said Special Agent in Charge Derrick L. Jackson of the U.S. Department of Health and Human Services, Office of Inspector General. “Those engaging in deceptive billing practices can expect an aggressive investigation to recover inappropriately obtained funds.”
The allegations resolved by this settlement arose from a whistleblower lawsuit filed under the False Claims Act by La-Wanda Davis, Tramecier Donald, and Megan Dinkins, former employees of one of the skilled nursing facilities. Under the False Claims Act, private citizens can sue on behalf of the government for false claims and share in any recovery. The whistleblowers will receive $2 million of the recovered funds.
The settlement was the result of a coordinated effort by the Civil Division’s Commercial Litigation Branch, the United States Attorney’s Office for the Southern District of Alabama, the Department of Health and Human Services Office of Inspector General and the Federal Bureau of Investigation.
The case is captioned United States ex rel. Davis, et al. v. Southern SNF Management, Inc., et al., Case No.13-000384-WSM (S.D. Ala.). The claims resolved by the settlement are allegations only; there has been no determination of liability.
Armed Career Criminal Sentenced to 180 Months in Prison for Illegally Possessing FirearmsRead the Press Release
United States Attorney Richard W. Moore announces that United States District Court Judge Kristi K. DuBose sentenced Dustin Lee McLellan on July 18, 2018 to serve a term of imprisonment of 180 months followed by 5 years of supervised release for the illegal possession of firearms as a convicted felon during two separate incidents occurring in 2016 and 2017.
On August 7, 2017, a federal jury found the defendant guilty of being a convicted felon in possession of a loaded firearm in Brewton, Alabama. The trial evidence in the case revealed that on March 22, 2017, police officers from the Brewton Police Department were on patrol in an area that was known for narcotics activity. While on patrol, the officers encountered the defendant, who appeared passed out in his Chevrolet Corvette. As the officers investigated the scene, they observed that the defendant was in possession of a loaded Davis Industries, model P32, .32 caliber, with one round in the chamber. Furthermore, the testimony elicited at trial established that the defendant was also in possession of methamphetamine and drug paraphernalia at the time of his arrest.
Subsequently, on October 23, 2017, the defendant entered a guilty plea for illegally possessing a loaded Highpoint, model C-9, 9mm in Atmore, Alabama on or about August 19, 2016. The firearm was found as a result of a traffic stop.
The Court found that the defendant was an Armed Career Criminal under 18 U.S.C. § 924(e) because of his prior violent felony and serious drug offense convictions. The defendant had two prior felony convictions in Alabama for first degree burglary and one for attempted manufacture of a controlled substance in the second degree. As a result of his status as an Armed Career Criminal, the defendant was subject to a fifteen year mandatory minimum term of incarceration for his firearm convictions. This case was investigated by the Federal Bureau of Investigation (FBI), the Brewton Police Department, and the Atmore Police Department. The case was prosecuted by Deputy Criminal Chief Assistant United States Attorney George F. May, Assistant United States Attorney Lawrence J. Bullard, and U. S. Department of Justice Trial Attorney Megan S. Lewis for the United States Attorney’s Office for the Southern District of Alabama.
Texas Resident Receives 12 Months on Fraud Charge, Ordered to Pay $190,000 in RestitutionRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces today that Senior United States District Judge Callie V.S. Granade sentenced Donna Marie Allison, 54, a resident of Springtown, Texas, to 12 months imprisonment for committing wire fraud. The judge ordered that Allison undergo three years of supervised release after finishing her term of imprisonment and pay a $100 mandatory special assessment. The judge also imposed credit restrictions upon Allison and ordered that she pay $190,000 in restitution to her financial victim.
Allison admitted certain facts as part of her guilty plea. From around February 1, 2012 to around April 1, 2014, Allison devised and participated in a scheme to defraud individuals seeking financing. She represented herself as the head of CRF Investors LLC. Allison falsely represented that her business would offer loans to companies seeking financing for various projects. In this case, Allison falsely represented that she and CRF Investors LLC would provide financing for an assisted living facility in Meridian, Mississippi. Allison’s financial victim was another entity that was trying to build the facility. Allison had the victim sign loan commitment agreements that required the victim to pay an “advance fee” of $190,000 to her company to cover interest for the loan. In truth, as Allison knew, the agreements were a ploy to obtain money from the victim, who received nothing in return. To induce the victim to pay the advance fee, Allison falsely represented that she and her company had obtained similar financing in the past for others and that funding would be available shortly after payment of the advance fee.
On March 31, 2016, a federal grand jury for the Southern District of Alabama indicted Allison on eight counts of wire fraud. On February 26, 2018, Allison pleaded guilty before Judge Granade to one count of wire fraud.
The Federal Bureau of Investigation investigated the case. Assistant United States Attorney Sinan Kalayoglu prosecuted the case.
Birmingham Man Sentenced on Gun ChargesRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Darrius Lamar Smith, 31, of Birmingham, Alabama, was sentenced on June 29, 2018, to 30 months’ imprisonment on a federal charge of felon in possession of a firearm. Court documents show that Smith’s prior felony convictions were for Robbery First Degree in 2007, and Certain Persons Forbidden to Possess a Firearm in 2009, both in Circuit Court of Jefferson County, Alabama. Court documents also reflected that in March of 2018, Smith pled guilty to federal charge in Mobile, which alleged his illegal possession of a firearm in October of 2017.
United States District Court Judge Kristi K. Dubose sentenced Smith to 30 months’ imprisonment, noting that he had significant criminal history. The judge ordered that the sentence would run concurrently with another state case pending against Smith in the Circuit Court of Conecuh County, Alabama. The judge also ordered that Smith serve a three-year term of supervised release when he is discharged from his custody sentence, during which he will undergo further drug abuse and mental health treatment. Smith was also ordered to pay $100 in mandatory special assessments, but no fine was imposed.
The case was investigated by the Evergreen Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United Sates Attorney Gloria Bedwell.
Semmes Resident Receives Five Years on Gun ChargeRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces today that Chief United States District Judge Kristi K. DuBose sentenced Brandon Earl Ashley, 30, a resident of Semmes, Alabama, to 60 months imprisonment for possessing a firearm in furtherance of a drug trafficking crime. The judge ordered that Ashley undergo five years of supervised release after finishing his term of imprisonment, pay a $100 mandatory special assessment, and receive substance abuse testing and treatment.
Ashley is a convicted felon with a criminal history involving drugs. For instance, on August 22, 2013 Ashley was convicted of Possession of a Controlled Substance in the Circuit Court of Mobile County, Alabama. Federal law prohibits convicted felons such as Ashley from knowingly possessing a firearm.
Ashley admitted certain facts as part of his guilty plea. According to those documents, on August 22, 2017, Spanish Fort Police Department Officer Shane Parker was on patrol traveling west on Battleship Parkway. He saw a vehicle driving over 80 mph eastward on the parkway. Parker tuned around to initiate a traffic stop for speeding. Parker noticed the vehicle turn into Keeton Corrections. The vehicle appeared to Parker as if it were trying to elude the stop due to the vehicle’s speed when it crossed over the westbound traffic lanes. Parker saw the vehicle park abruptly. When Parker stopped near the vehicle, the driver was walking away from it. Parker told the driver to return to his vehicle, which he did.
Parker approached the vehicle and smelled marijuana emanating from the vehicle. Ashley was the driver and sole occupant of the vehicle. Parker searched the vehicle for marijuana. While searching the driver's side area, Parker found a loaded Taurus 9mm pistol under the seat. When Parker opened the back doors of the vehicle, he saw numerous bags of marijuana and a small bag of pills in plain view. Ashley possessed approximately $2,420.01 in cash. In the vehicle, police found a digital scale, multiple cell phones, and drugs, namely, cocaine, hydrocodone, oxycodone, amphetamine, alprazolam, fentanyl, marijuana, and methorphan. Police later determined that the Taurus firearm was stolen.
On December 27, 2017, a federal grand jury for the Southern District of Alabama returned a five-count indictment against Ashley, charging him with one count of being a felon in possession of a firearm, three counts of possession with intent to distribute a controlled substance, and one count of possessing a firearm in furtherance of a drug trafficking crime. On March 22, 2018, Ashley pleaded guilty before Chief Judge DuBose to possessing the Taurus pistol in furtherance of the crime of possession with intent to distribute controlled substances.The Federal Bureau of Investigation and the Spanish Fort Police Department investigated the case. Assistant United States Attorney Sinan Kalayoglu prosecuted the case.
Semmes Resident Receives Five Years on Gun ChargeRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces today that Chief United States District Judge Kristi K. DuBose sentenced Brandon Earl Ashley, 30, a resident of Semmes, Alabama, to 60 months imprisonment for possessing a firearm in furtherance of a drug trafficking crime. The judge ordered that Ashley undergo five years of supervised release after finishing his term of imprisonment, pay a $100 mandatory special assessment, and receive substance abuse testing and treatment.
Ashley is a convicted felon with a criminal history involving drugs. For instance, on August 22, 2013 Ashley was convicted of Possession of a Controlled Substance in the Circuit Court of Mobile County, Alabama. Federal law prohibits convicted felons such as Ashley from knowingly possessing a firearm.
Ashley admitted certain facts as part of his guilty plea. According to those documents, on August 22, 2017, Spanish Fort Police Department Officer Shane Parker was on patrol traveling west on Battleship Parkway. He saw a vehicle driving over 80 mph eastward on the parkway. Parker tuned around to initiate a traffic stop for speeding. Parker noticed the vehicle turn into Keeton Corrections. The vehicle appeared to Parker as if it were trying to elude the stop due to the vehicle’s speed when it crossed over the westbound traffic lanes. Parker saw the vehicle park abruptly. When Parker stopped near the vehicle, the driver was walking away from it. Parker told the driver to return to his vehicle, which he did.
Parker approached the vehicle and smelled marijuana emanating from the vehicle. Ashley was the driver and sole occupant of the vehicle. Parker searched the vehicle for marijuana. While searching the driver's side area, Parker found a loaded Taurus 9mm pistol under the seat. When Parker opened the back doors of the vehicle, he saw numerous bags of marijuana and a small bag of pills in plain view. Ashley possessed approximately $2,420.01 in cash. In the vehicle, police found a digital scale, multiple cell phones, and drugs, namely, cocaine, hydrocodone, oxycodone, amphetamine, alprazolam, fentanyl, marijuana, and methorphan. Police later determined that the Taurus firearm was stolen.
On December 27, 2017, a federal grand jury for the Southern District of Alabama returned a five-count indictment against Ashley, charging him with one count of being a felon in possession of a firearm, three counts of possession with intent to distribute a controlled substance, and one count of possessing a firearm in furtherance of a drug trafficking crime. On March 22, 2018, Ashley pleaded guilty before Chief Judge DuBose to possessing the Taurus pistol in furtherance of the crime of possession with intent to distribute controlled substances.
The Federal Bureau of Investigation and the Spanish Fort Police Department investigated the case. Assistant United States Attorney Sinan Kalayoglu prosecuted the case.
Traffic Stop Leads to Convicted Felon Being Sentenced to 18 Months in Federal Prison for the Illegal Possession of FirearmsRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces that Chief United States District Court Judge Kristi K. DuBose sentenced Anthony Letom McCann on June 29, 2018 to serve a term of imprisonment of 18 months followed by 3 years of supervised release for illegally possessing two firearms. The defendant possessed the firearms in Mobile, Alabama on May 18, 2017 in violation of 18 USC § 922(g)(1). The defendant entered a guilty plea before the Court on March 22, 2018.
On the date of incident, a trooper with the Alabama Law Enforcement Agency (ALEA) initiated a traffic stop of the defendant’s vehicle for speeding after the trooper observed the defendant traveling 73mph in a 55mph zone. During the traffic stop, the trooper asked the defendant if there were any weapons in the vehicle. The defendant did not answer right away and did not make eye contact with the trooper. The defendant’s hesitation made the trooper suspicious and the defendant was asked to exit the vehicle. After exiting the vehicle, the defendant admitted that there was a firearm between the front seats. A search of the vehicle was conducted and the authorities located a Norinco, Model 54-1, 9 mm pistol between the front seats and a Ruger, Model AR-556, 5.56 mm rifle in the trunk of the vehicle.
This case was investigated by the Federal Bureau of Investigation (FBI) Safe Streets Task Force, and the Alabama Law Enforcement Agency (ALEA). The case was prosecuted by Assistant United States Attorneys Michael D. Anderson and Lawrence J. Bullard for the United States Attorney’s Office for the Southern District of Alabama.
Mobile County Man Sentenced to 240 Months in Prison for Two Carjacking Crimes, Two Possession of a Firearm During a Crime of Violence Crimes and Ordered to Pay Restitution in the Amount of $21,000.00Read the Press Release
The United States Attorney, Richard W. Moore, announces that, Jaquail Busby, a 26 year old resident of Mobile, Alabama was sentenced to 240 months of incarceration for a carjacking that occurred on January, 5 2017, a carjacking that occurred on April 13, 2017, and separate convictions for possession of a firearm in furtherance of each carjacking. He was also ordered to pay $21,000.00 in restitution to Easy Money Store located on Dauphin Island Parkway in Mobile, Alabama.
According to the factual statement Busby signed in connection with his guilty plea, on January 5, 2017, Busby took by force and threats of death the vehicle of R.W. using a firearm. Busby and an accomplice followed R.W. around Mobile in a vehicle as she traveled home from work in her Mazda. At the opportune time, Busby jumped out of the vehicle he was traveling in with a handgun after his vehicle cut in front of the Mazda. Busby beat on the window with the handgun and told R.W. to unlock the door. When she hesitated, he fired two shots into the air. R.W. then opened the door and Busby got into the back seat of the Mazda and told R.W. to drive. He continued to threaten R.W. as she drove to a local cemetery. After several hours, Busby told R.W to drive back to her place of employment - Easy Money located on Dauphin Island Parkway – because he intended to steal money from the business. R.W. complied. When they arrived at Easy Money, Busby stole approximately $21,000 from R.W. Busby then ordered R.W. to drive him to another location in Mobile and he then exited her vehicle and threw her keys away. R.W. retrieved the keys and called the police.
On April 13, 2017, Jaquail Busby and Calvin Harris devised a plan to steal money from Easy Money, a local title loan business. The plan included using an unknowing employee of the business. Later that day, J. P. (Easy Money employee/ victim) left Easy Money, located at 7740 Airport Blvd, Mobile, AL at about 9:00pm, got into her vehicle for the drive home. Unbeknownst to her, Harris and Busby were following her in Harris’ vehicle. After she had been driving about 15 minutes, Harris drove his vehicle around in front of J. P’s. vehicle and positioned it to where she had to stop or hit Harris’ vehicle. She chose to stop.
Busby then exited the vehicle and beat on her window with a firearm, telling J. P. to open the door. When she complied, Busby then told the victim to get out of the car, then ordered her back in the car, and Busby got in the rear driver side seat. Harris then sped away. As J. P. drove slowly on the city streets, Busby fired a shot out the window and told her to drive the speed limit. Busby forced J. P. to drive into an old cemetery. Busby told her to pull to the back and park facing out.
Busby then told J. P. to call her husband and tell him that she was staying with her mother. J. P. told Busby that if she called her husband, he would not believe her and Busby became angry and fired a second shot in the air. Busby then told J. P. to call her husband and tell him that she had to stay with her mother. Busby told J. P. that if she did not make the call that his associates would kill everyone there including her grandchild. Busby communicated with Harris via cell phone and told Harris to shoot anyone who came to the house. J. P. stated that throughout the night she kept praying that Busby would not kill her and tried to talk to him in an attempt to keep him calm.
At approximately 6:30am the next day, J. P. and Busby left the cemetery and drove back to Easy Money. During the drive, Busby and Harris communicated again and this time via text messages. In the text messages, Busby sought confirmation that the coast was clear to return to the business and steal the approximately $12,000 that was in the safe. Harris confirmed in return text messages that he would be positioned outside of Easy Money looking out to make sure no police were in sight. When they arrived, Busby told J. P. that they were going to sit outside until 7:00am because he knew that's what time she had to be in the store and that was 30 minutes before the timer on the safe would unlock. At 7:00am, Busby told J.P. to go inside and sit at the desk directly in front of where they parked so he could watch her.
At approximately 7:25am, J. P.’s co-worker, B. J. (the second victim) arrived at the location and was confronted by Busby who forced her inside at gunpoint and then made both of them go into the room where the safe was located. Once inside the room, Busby realized that he did not have his cellphone to communicate with Harris so he told J. P. to go get it from her vehicle. Busby told J. P. if she did anything funny he would blow B. J.’s brains out. When J. P. walked outside, a police car simultaneously pulled in the parking lot so she ran over to the vehicle and began explaining to an officer what was happening. Busby saw the police outside, and fled the scene in J. P.’s vehicle leaving the gun in his haste. A K9 Officer was dispatched to the location to track Busby. Busby was located a short time later hiding under a house. He was arrested and confessed giving written permission to search his cell phone Texts on his cell phone between he and Harris discussing the robbery and kidnapping were located. Busby pled guilty on January 25, 2018.
Officers of the Mobile, AL Police Department along with special agents of the Federal Bureau of Investigation investigated the case and presented it to the United States Attorney’s Office for prosecution. The prosecutor assigned to the case was Assistant United States Attorney, Gina S. Vann.