Eastern District of Oklahoma

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that STACY BORLEY BORTEY, age 26, of Houston, Texas, was sentenced to 6 months imprisonment for BANK FRAUD, in violation of Title 18, United States Code, Sections 1344(2) and 2, and for UNLAWFUL TRANSFER, POSSESSION OR USE OF A MEANS OF IDENTIFICATION, in violation of Title 18, United States Code, Sections 1028(a)(7) and 2.

The Indictment alleged that on or about March 18, 2016, in the Eastern District of Oklahoma, STACY BORLEY BORTEY, defendant herein, did knowingly obtain moneys and funds owned by and under the custody and control of CreditONE, a financial institution as defined by Title 18, United States Code, Section 20, whose deposits were insured by the Federal Deposit Insurance Corporation, by means of false pretenses and representations, by using an unauthorized credit card.

The Indictment further alleged that on or about March 18, 2016, in the Eastern District of Oklahoma, the defendant, did knowingly possess in or affecting interstate or foreign commerce, without lawful authority, a means of identification of another person, knowing that the means of identification belonged to another actual person, with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of 18 U.S.C. §1344, Bank Fraud.

The charges arose from an investigation by the Murray County Sheriff’s Office and the United States Secret Service.

The Honorable Judge Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody pending transportation to the designated federal facility at which, the nonparoleable sentence will be served.

Assistant United States Attorney Melody Nelson represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that MICHELLE LEA DAVIS, age 39, of El Reno, Oklahoma, was sentenced to 112 months imprisonment for POSSESSION WITH INTENT TO DISTRIBUTE METHAMPHETAMINE, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B).

The Information alleged that on or about April 30, 2016, in the Eastern District of Oklahoma, the Defendant, did knowingly and intentionally possess with intent to distribute 50 grams or more of methamphetamine (actual), a Schedule II controlled substance.

The charge arose from an investigation by the McAlester Police Department, the District 18 Task Force, the Pittsburg County Sherriff’s Office, and the Drug Enforcement Administration.

The Honorable Judge Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody pending transportation to the designated federal facility at which, the nonparoleable sentence will be served.

Assistant United States Attorney Kristin Harrington represented the United States.

MUSKOGEE, OKLAHOMA – U.S. Attorney Mark Green announced today that the Eastern District of Oklahoma collected $2,091,906 in criminal and civil actions in Fiscal Year 2016.  Of this amount, $940,502 was collected in criminal actions and $1,151,404 was collected in civil actions.

Attorney General Loretta E. Lynch announced on December 14, 2016, that the Justice Department collected nearly $15.4 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2016.  The $15,380,130,434 in collections in FY 2016 represents more than five times the appropriated $2.93 billion budget for the 94 U.S. Attorneys’ offices and the main litigating divisions of the Justice Department combined in that same period.

“Every day, the men and women of the Department of Justice work tirelessly to enforce our laws, ensuring that taxpayer dollars are used properly and that the American people are protected from exploitation and abuse,” said Attorney General Lynch.  “Today’s announcement is a testament to that work, and it makes clear that our actions deliver a significant return on public investment.  I want to thank the prosecutors and trial attorneys who made this year's collections possible, and I want to emphasize that the department remains committed to the well-being of our people and our nation.”

“Collection of monies due the United States of America in both criminal and civil matters is a responsibility of this U.S. Attorney’s office as well as those across our nation.  We here in the Eastern District of Oklahoma are committed to fulfilling that responsibility,” said U.S. Attorney Mark Green.

The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims.  The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss.  While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.

The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws.  In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that CODY LANE PAX, age 20, of Broken Arrow, Oklahoma, pled guilty to POSSESSION OF CERTAIN MATERIAL INVOLVING THE SEXUAL EXPLOITATION OF MINORS, in violation of Title 18, United States Code, Sections 2252(a)(4)(B) and 2252(b)(2), punishable by no more than 10 years imprisonment, and up to a $250,000.00 fine or both.

The Indictment alleged that between in or about November 2015 and on or about March 9, 2016, in the Eastern District of Oklahoma, the defendant, did knowingly possess, attempt to possess and  access with intent to view matters which contained visual depictions, as that term is defined in Title 18, United States Code, Section 2256(5), the production of said visual depictions involved the use of minors engaging in sexually explicit conduct, as that term is defined in Title 18, United States Code, Sections 2256(2)(A)-(B), and said visual depictions were of such sexually explicit conduct and had been transported in interstate commerce by computer.

The charge arose from an investigation by the Federal Bureau of Investigation.

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report. The defendant will remain in custody pending a sentencing hearing.

Assistant United States Attorney Edward Snow represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that GARRETT LEE RAYNOR, age 19, of Bixby, Oklahoma, and JOSHUA SCOTT COPPEDGE, age 19, of Glenpool, Oklahoma, each pled guilty to one count of ARSON, in violation of Title 18, United States Code, Sections 844(f)(1) and 2, punishable by not less than 5 years and not more than 20 years imprisonment, and up to a $250,000.00 fine or both.

The Indictment alleged that on or about August 23, 2016, within the Eastern District of Oklahoma, the defendants maliciously damaged, destroyed, and attempted to damage and destroy, by means of fire, a 2010 Bluebird school bus, owned by the Twin Hills School District, an institution receiving Federal financial assistance.

The charge arose from an investigation by the Okmulgee County Sherriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report. The defendants will remain in custody pending a sentencing hearing.

Assistant United States Attorney Dean Burris represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that MICHAEL HILARIO MARTINEZ, age 40, and JEANA MARIE MARTINEZ, age 33, of Stilwell, Oklahoma, each pled guilty to one count of EMBEZZLEMENT AND THEFT FROM INDIAN TRIBAL ORGANIZATION, in violation of Title 18, United States Code, Sections 1163 and 2, punishable by not more than 5 years imprisonment, and up to a $250,000.00 fine or both.

The Indictment alleged that from in or about January 2012 to on or about July 3, 2014, in the Eastern District of Oklahoma, the defendants, did embezzle, steal, knowingly and willfully convert to their own use, willfully misapply, and willfully permitted to be misapplied, monies, funds, credits, assets, and property, with a value in excess of $1,000.00, which had been entrusted to the custody and care of MICHAEL HILARIO MARTINEZ as an employee of the Cherokee Nation, an Indian tribal organization.

The charges arose from an investigation by the Cherokee Nation Marshal Service and the Federal Bureau of Investigation.

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report. The defendant will remain in custody pending a sentencing hearing.

Assistant United States Attorney Edward Snow represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that DAVID GLENN MOORE, JR, age 49, of Catoosa, Oklahoma, was sentenced to 33 months imprisonment on Counts 1, 2 & 3 to run concurrent, and 3 years of supervised release on each count to run concurrent for WIRE FRAUD, in violation of Title 18, United States Code, Sections 1153, 1151 and 113(a)(8), in violation of Title 18, United States Code, Section 1343; MONEY LAUNDERING, in violation of Title 18, United States Code, Section 1956(a)(1)(A)(i); and FAILURE TO ACCOUNT AND PAY OVER EMPLOYMENT TAX, in violation of Title 26, United States Code, Section 7202.  MOORE was ordered to pay $475,138.06 in restitution.

The Information alleged that during the period of on or about July 1, 2009 through on or about June 12, 2014, the defendant, the former Executive Director of the Tahlequah Area Chamber of Commerce (TACC), devised and intended to devise a scheme to defraud TACC, and to obtain money and property by means of materially false and fraudulent pretenses, representations and promises.

The Information further alleged that during the term of the scheme to defraud, MOORE defrauded TACC, and unlawfully obtained approximately $439,660.62.  The Information further alleged that MOORE willfully failed to truthfully account for and pay over to the Internal Revenue Service payroll taxes totaling $45,556 for the years 2011, 2012 and 2013 which were due and owing to the United States on behalf of the TACC and its employees.

The charges arose from an investigation by the Tahlequah Police Department, the Oklahoma State Bureau of Investigation, the Oklahoma State Auditor and Inspector, and the Internal Revenue Service – Criminal Investigative Division.

The Honorable Judge James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. MOORE was ordered to report on January 26, 2017 to a federal correctional facility to be determined by the Bureau of Prisons to serve his nonparoleable sentence.

Assistant United States Attorney Chris Wilson represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced today that CHANCE ADRIAN GRIFFIN, age 21, of Allen, Oklahoma, was sentenced to 33 months imprisonment for DOMESTIC ASSAULT BY STRANGULATION, in violation of Title 18, United States Code, Sections 1153, 1151 and 113(a)(8).

The Indictment alleged that on or about January 20, 2016, within the Eastern District of Oklahoma, in Indian Country, within the special maritime and territorial jurisdiction of the United States, the defendant, an Indian, assaulted an intimate partner, by strangulation.

The charges arose from an investigation by the Chickasaw Nation Lighthorse Police and the Bureau of Indian Affairs.

The Honorable Judge James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody pending transportation to the designated federal facility at which, the nonparoleable sentence will be served.

Assistant United States Attorney Edward Snow represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office announced today the results of the December 2016 Federal Grand Jury.

“The following named individuals have been charged with a federal crime or crimes by the return of an indictment by the Grand Jury.  A grand jury Indictment does not constitute evidence of guilt.  A grand jury Indictment is a method of bringing formal charges against the defendant.  A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt.  United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court.  Federal prison sentences are non-parolable.”

 

ALEXANDRA ELAINE BURRIS, age 27, of Detroit, Michigan

Possession With Intent To Distribute Heroin
Possession With Intent To Distribute Cocaine

The Indictment alleges that on or about August 11, 2016, within the Eastern District of Oklahoma, the defendant, did knowingly and intentionally possess with intent to distribute a mixture or substance containing a detectable amount of heroin, a Schedule I controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C), punishable by no more than 20 years imprisonment, a fine up to $1,000,000.00 or both.

The Indictment further alleges that on or about August 11, 2016, within the Eastern District of Oklahoma, the defendant, did knowingly and intentionally possess with intent to distribute a mixture or substance containing a detectable amount of cocaine, a Schedule II controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C), punishable by no more than 20 years imprisonment, a fine up to $1,000,000.00 or both.

The charges arose from an investigation by the McAlester Police Department, and the Drug Enforcement Administration.

Assistant United States Attorney Rob Wallace

 

AARON EMIL WEEDEN, age 37, of Wagoner, Oklahoma

Felon In Possession Of Firearm

The Indictment alleges that on or about November 13, 2016, in the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce a firearm, which had been shipped and transported in interstate commerce, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by no more than 10 years imprisonment, a fine up to $250,000.00 or both.

The charge arose from an investigation by the Wagoner Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Assistant United States Attorney Kristin Harrington

 

BOBBY LEE RUPPEL, JR., age 37, of Del City, Oklahoma

Felon In Possession Of Firearm

The Indictment alleges that on or about November 1, 2016, in the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce a firearm, which had been shipped and transported in interstate commerce, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by no more than 10 years imprisonment, a fine up to $250,000.00 or both.

The charge arose from an investigation by the Henryetta Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Assistant United States Attorney Kristin Harrington

 

CHAD ANTHONY COX, age 27, of Dallas, Texas

Felon In Possession Of Firearm
Possession With Intent To Distribute Methamphetamine
Possession Of A Firearm In Furtherance Of A Drug Trafficking Crime

The Indictment alleges that on or about October 6, 2016, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce a firearm, which had been shipped and transported in interstate commerce, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by no more than 10 years imprisonment, a fine up to $250,000.00 or both.

The Indictment further alleges that on or about October 6, 2016, within the Eastern District of Oklahoma, the defendant, did knowingly and intentionally possess with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C), punishable by no more than 20 years imprisonment, a fine up to $1,000,000.00 or both.

The Indictment further alleges that on or about October 6, 2016, within the Eastern District of Oklahoma, the defendant, did knowingly possess a firearm, in furtherance of a drug trafficking crime for which he may be prosecuted in a court of the United States, that is, Possession with Intent to Distribute Methamphetamine as alleged in Count Two, in violation of Title 18, United States Code, Section 924(c)(1)(A), punishable by no longer than 60 months imprisonment consecutive to any other sentence imposed, a fine up to $250,000.00 or both.

The charges arose from an investigation by the Chickasaw Nation Tribal Police, and the Drug Enforcement Administration.

Assistant United States Attorney Dean Burris

 

JEFFREY SCOTT HOFFMAN, age 46, of Park Hill, Oklahoma

Possession With Intent To Distribute Methamphetamine
Possession Of Unregistered Firearm (Sawed-Off Shotgun)

The Indictment alleges that on or about November 5, 2016, within the Eastern District of Oklahoma, the defendant, did knowingly and intentionally possess with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C), punishable by no more than 20 years imprisonment, a fine up to $1,000,000.00 or both.

The Indictment further alleges that on or about November 5, 2016, within the Eastern District of Oklahoma, the defendant, did knowingly possess a shotgun having a barrel less than 18 inches in length, which is a firearm, as defined in Title 26, United States Code, Section 5845, not registered to him in the National Firearms Registration and Transfer Record, in violation of Title 26, United States Code, Sections 5861(d), 5841, 5845(a) and 5871, punishable by no more than 10 years imprisonment, a fine up to $250,000.00 or both.

The charges arose from an investigation by the Hulbert Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Assistant United States Attorney Dean Burris

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that NAAMAN JOE MCCOY, age 27, of Pocasset, Oklahoma, pled guilty to THEFT IN INDIAN COUNTRY, in violation of Title 18, United States Code, Sections 661 and 1152, punishable by not more than 5 years imprisonment, and up to a $250,000.00 fine or both.

The Indictment alleged that on or about September 13, 2016, in the Eastern District of Oklahoma, within Indian country, as defined in 18 U.S.C. § 1151, the defendant, an Indian, did take and carry away, with the intent to steal and purloin, the personal property of a non-Indian, with a value exceeding $1,000.00.

The charge arose from an investigation by the Choctaw Tribal police, and the Federal Bureau of Investigation.

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report. The defendant will remain in custody pending a sentencing hearing.

Special Assistant United States Attorney Shelly Harrison represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that JARED JAMES MOCK, age 36, of Ada, Oklahoma, pled guilty to POSSESSION OF UNREGISTERED FIREARM (SAWED-OFF SHOTGUN), in violation of Title 26, United States Code, Sections 5861(d), 5841, 5845(a) and 5871, punishable by not more than 10 years imprisonment, up to a $250,000 fine or both.

The Indictment alleged that on or about December 10, 2015, within the Eastern District of Oklahoma, the defendant, did knowingly possess a shotgun having a barrel less than 18 inches in length, which is a firearm, as defined in Title 26, United States Code, Section 5845, not registered to him in the National Firearms Registration and Transfer Record.

The charge arose from an investigation by the Ada Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report. The defendant will remain in custody pending a sentencing hearing.

Assistant United States Attorney Dean Burris represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that JEREMY DWAYNE LAVORCHEK, age 28, of Oklahoma City, Oklahoma, was sentenced to 272 months imprisonment and ordered to pay $37,958.33 in restitution for POSSESSION WITH INTENT TO DISTRIBUTE SCHEDULE II CONTROLLED SUBSTANCES, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C); ROBBERY INVOLVING CONTROLLED SUBSTANCES, in violation of Title 18, United States Code, Section 2118(a); and CARJACKING, in violation of Title 18, United States Code, Section 2119(1).

The Indictment alleged that On or about December 9, 2015, in the Eastern District of Oklahoma, the defendant, did knowingly and intentionally possess with intent to distribute the Schedule II Controlled Substances of: OxyContin, Oxycodone, Hydrocodone, Morphine, and Fentanyl.

The Indictment further alleged that on or about December 9, 2015, within the Eastern District of Oklahoma, the defendant, by force and violence and by intimidation, did take from the person or presence of another a material or compound containing any quantity of a controlled substance with a replacement cost of not less than $500 belonging to or in the care, custody, control and possession of a person registered with the Drug Enforcement Administration under Section 302 of the Controlled Substances Act by robbing Ernie’s Pharmacy, located in Muskogee, Oklahoma.

The Indictment further alleged that on or about December 9, 2015, within the Eastern District of Oklahoma, the defendant, took a motor vehicle that had been transported, shipped, and received in interstate and foreign commerce, by force, violence, and intimidation, with the intent to cause death or serious bodily harm.

The charges arose from an investigation by the Muskogee Police Department.

The Honorable Judge Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody pending transportation to the designated federal facility at which, the nonparoleable sentence will be served.

First Assistant United States Attorney Doug Horn represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that ENRIQUE GONZALEZ, a/k/a Henry Gonzalez, age 44, of Muskogee, Oklahoma, was sentenced to 5 years probation, to be supervised by the United States Probation Office, and ordered to pay restitution to the Department of Veterans Affairs in the amount of $39,606.76 for THEFT OF GOVERNMENT FUNDS, in violation of Title 18, United States Code, Section 641.

The Indictment alleged that on or about August 13, 2015, and continuing until on or about November 21, 2015, within the Eastern District of Oklahoma, the defendant, did knowingly and willfully embezzle, steal, and purloin money of the Department of Veterans Affairs, a department or agency of the United States, namely, Department of Veterans Affairs Educational Benefits payments to which he knew he was not entitled, having a value in excess of $1,000.00.

The charge arose from an investigation by the Department of Veteran Affairs’ Office of Inspector General.

The Honorable Judge Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.

First Assistant United States Attorney Doug Horn represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that MARQUE DESHARD THOMAS, age 41, of Austell, Georgia, was sentenced to 33 months imprisonment for POSSESSION OF A COUNTERFEIT OBLIGATION OF THE UNITED STATES, in violation of Title 18, United States Code, Section 472 and 2.

The Indictment alleged that on or about February 28, 2016, in the Eastern District of Oklahoma, the defendant, did with intent to defraud, possess counterfeit obligations and securities of the United States, which he knew to be falsely made, forged and counterfeited.

The charge arose from an investigation by the Oklahoma Highway Patrol and the United States Secret Service.

The Honorable Judge Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody pending transportation to the designated federal facility at which, the nonparoleable sentence will be served.

Assistant United States Attorney Timothy Hammer represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that, IKE ALEXANDER, age 34, of Muskogee, Oklahoma, was sentenced to 188 months and 5 years supervised release for FELON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2) and 924(e)(1).

The Indictment alleged that on or about March 25, 2016, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm and ammunition, which had been shipped and transported in interstate commerce.

The charge arose from an investigation by the Muskogee Police Department.

The Honorable Judge Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody pending transportation to the designated federal facility at which, the nonparoleable sentence will be served.

Assistant United States Attorney Edward Snow represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that, MICHAEL CHRISTOPHER CONDI, age 38, of Muskogee, Oklahoma, was sentenced to 180 months and 5 years supervised release for two counts of FELON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2) and 924(e)(1), and POSSESSION OF FIREARM WITH OBLITERATED SERIAL NUMBER, in violation of Title 18, United States Code, Sections 922(k) and 924(a)(1).

The Indictment alleged that on or about January 22, 2016 and on or about April 13, 2016, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm and ammunition, which had been shipped and transported in interstate commerce.

The Indictment further alleged that on or about January 22, 2016, within the Eastern District of Oklahoma, the defendant, did knowingly possess in and affecting commerce, a firearm, with an obliterated serial number, which had been shipped and transported in interstate commerce.

The charges arose from an investigation by the Muskogee Police Department, the Muskogee County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

The Honorable Judge Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody pending transportation to the designated federal facility at which, the nonparoleable sentence will be served.

Assistant United States Attorney Dean Burris represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced today that, DUSTIN KYLE HARVEY, age 27, of Grant, Oklahoma, was sentenced to 77 months imprisonment and 3 years supervised release for FELON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2) and 924(e).

The Indictment alleged that on or about April 15, 2016, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm, which had been shipped and transported in interstate commerce.

The charge arose from an investigation by the Choctaw Tribal Police, and the Federal Bureau of Investigation.

The Honorable Judge Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody pending transportation to the designated federal facility at which, the nonparoleable sentence will be served.

Assistant United States Attorney Dean Burris represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that MICHAEL DAVID LINCOLN, age 40, of McAlester, Oklahoma, pled guilty to DRUG CONSPIRACY, in violation of Title 21, United States Code, Sections 846, 841(a)(1), and 841(b)(1)(A), punishable by not less than 10 years or more than life imprisonment, and up to a $10,000,000.00 fine or both.

The Superseding Indictment alleged that beginning in or about the end of 2013, the exact date being unknown, until on or about January 27, 2016, the Defendant, did willfully and knowingly combine, conspire, confederate and agree together, and with other persons known and unknown, to Possess with Intent to Distribute and to Distribute 500 grams or more of a mixture or substance containing a detectable amount of Methamphetamine, a Schedule II Controlled Substance.

The charges arose from a joint investigation by the Oklahoma Bureau of Narcotics, the Tahlequah Police Department, the Muskogee Police Department, the Oklahoma Department of Corrections, the Bureau of Indian Affairs and the Drug Enforcement Administration. The investigation was coordinated by the Organized Crime Drug Enforcement Task Force (OCDETF) of the Eastern District of Oklahoma. OCDETF is an initiative led and coordinated by the Office of the United States Attorney.

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report. The defendant will remain in custody pending a sentencing hearing.

Assistant United States Attorney Shannon Henson represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that SHEENA CHANDEL MEIKLE, age 27, of Tahlequah, Oklahoma, pled guilty to DRUG CONSPIRACY, in violation of Title 21, United States Code, Sections 846, 841(a)(1), and 841(b)(1)(A), punishable by not less than 10 years or more than life imprisonment, and up to a $10,000,000.00 fine or both.

The Superseding Indictment alleged that in or about the end of 2013, the exact date being unknown, and continuing until on or about January 27, 2016, the Defendant, did willfully and knowingly combine, conspire, confederate and agree together, and with other persons known and unknown, to Possess with Intent to Distribute and to Distribute 500 grams or more of a mixture or substance containing a detectable amount of Methamphetamine, a Schedule II Controlled Substance.

The charges arose from a joint investigation by the Oklahoma Bureau of Narcotics, the Tahlequah Police Department, the Muskogee Police Department, the Oklahoma Department of Corrections, the Bureau of Indian Affairs and the Drug Enforcement Administration. The investigation was coordinated by the Organized Crime Drug Enforcement Task Force (OCDETF) of the Eastern District of Oklahoma.  OCDETF is an initiative led and coordinated by the Office of the United States Attorney.

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report. The defendant will remain in custody pending a sentencing hearing.

Assistant United States Attorney Shannon Henson represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that CODY LEE MCCLENDON III, age 36, of McAlester, Oklahoma, pled guilty to DRUG CONSPIRACY, in violation of Title 21, United States Code, Sections 846, 841(a)(1), and 841(b)(1)(A), punishable by not less than 10 years and not more than life imprisonment, and up to a $10,000,000.00 fine or both; and to ASSAULTING AN OFFICER OF THE UNITED STATES, in violation of Title 18, United States Code, Section 111(a)(1), punishable by not more than 8 years imprisonment and up to a $250,000.00 fine or both.

The Superseding Indictment alleged that from beginning in or about the end of 2013, the exact date being unknown to the Grand Jury, and continuing until on or about January 27, 2016, within the Eastern District of Oklahoma and elsewhere, the Defendants did knowingly and intentionally conspire, confederate and agree with each other, and with others known and unknown to the Grand Jury to Possess with Intent to Distribute and to Distribute 500 grams or more of a mixture or substance containing a detectable amount of Methamphetamine, a Schedule II Controlled Substance.

The Information further alleged that on June 22, 2016, the Defendant forcibly assaulted a Deputy United States Marshal, while engaged in the performance of his official duties, which resulted in physical contact with the Deputy Marshal.

The Investigation revealed that Cody McClendon III, a/k/a Cody-Mac, an Indian Brother Hood (IBH) gang member, while an inmate with the Oklahoma Department of Corrections in McAlester, Oklahoma, was utilizing a contraband cellular phone that he kept hidden on his person and inside his prison cell to facilitate the sale and distribution of methamphetamine. McClendon was doing this by using the cellular phone to communicate with co-conspirators via audio phone calls, text messages, and by communicating on the social media website Facebook. While detained on federal charges pending trial, McClendon forcibly assaulted a United States Deputy Marshal by spitting on him.

The charges arose from a joint investigation entitled “Home of the Brave” coordinated by the Organized Crime Drug Enforcement Task Force (OCDETF) of the Eastern District of Oklahoma.  OCDETF is an initiative led and coordinated by the Office of the United States Attorney.  The agencies involved in the investigation were the Oklahoma Bureau of Narcotics, the McAlester Police Department, the Tahlequah Police Department, the Muskogee Police Department, the Cherokee County Sheriff’s Department, Districts 13, 18, 25 and 27 District Attorney’s Drug Task Forces and Violent Crime Task Forces, the Muskogee County District Attorney’s Office, the Seminole Nation Lighthorse Police Department, the Oklahoma Department of Corrections, the Bureau of Indian Affairs and the McAlester and Tulsa Offices of the Drug Enforcement Administration.

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report. The defendant will remain in custody pending a sentencing hearing.

Assistant United States Attorney Shannon Henson represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that THERESA JO DAVIS, age 62, of Broken Arrow, Oklahoma, pled guilty to MONEY LAUNDERING CONSPIRACY, in violation of Title 18, United States Code, Section 1956(h), punishable by not more than 20 years imprisonment, and up to a $500,000.00 fine or both.

The Superseding Indictment alleged that beginning in or about December 2013, and continuing until in or about April 2016, the Defendant conspired with others, to conduct financial transactions affecting interstate commerce and involving the proceeds of unlawful activity by depositing large sums of United States Currency knowing that the transactions were designed to conceal the nature and source of the proceeds of unlawful activity and while knowing that the currency involved in the transactions represented proceeds of unlawful activity.

The charges arose from a joint investigation by the Oklahoma Bureau of Narcotics, the Tahlequah Police Department, the Muskogee Police Department, the Oklahoma Department of Corrections, the Bureau of Indian Affairs and the Drug Enforcement Administration. The investigation was coordinated by the Organized Crime Drug Enforcement Task Force (OCDETF) of the Eastern District of Oklahoma.  OCDETF is an initiative led and coordinated by the Office of the United States Attorney.

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report. The defendant will remain in custody pending a sentencing hearing.

Assistant United States Attorney Shannon Henson represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that MATILDA KAY BIRDTAIL, age 21, of Tahlequah, Oklahoma, pled guilty to DRUG CONSPIRACY, in violation of Title 21, United States Code, Sections 846, 841(a)(1), and 841(b)(1)(C), punishable by not more than 20 years imprisonment, and up to a $1,000,000.00 fine or both.

The Information alleged that on or about December 13, 2015, in the Eastern District of Oklahoma, the defendant, did willfully and knowingly combine, conspire, confederate and agree together, and with other persons known and unknown, to Possess with Intent to Distribute and to Distribute a mixture or substance containing a detectable amount of Methamphetamine, a Schedule II Controlled Substance.

The charges arose from a joint investigation by the Oklahoma Bureau of Narcotics, the Tahlequah Police Department, the Muskogee Police Department, the Oklahoma Department of Corrections, the Bureau of Indian Affairs and the Drug Enforcement Administration. The investigation was coordinated by the Organized Crime Drug Enforcement Task Force (OCDETF) of the Eastern District of Oklahoma.  OCDETF is an initiative led and coordinated by the Office of the United States Attorney.

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report. The defendant will remain in custody pending a sentencing hearing.

Assistant United States Attorney Shannon Henson represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that DONALD WAYNE TRAMMEL, age 41, of Tahlequah, Oklahoma, pled guilty to DRUG CONSPIRACY, in violation of Title 21, United States Code, Sections 846, 841(a)(1), and 841(b)(1)(B), punishable by not less than 5 years and not more than 40 years imprisonment, and up to a $5,000,000.00 fine or both.

The Information alleged that in or about November through December 2015, in the Eastern District of Oklahoma, the defendant, did willfully and knowingly combine, conspire, confederate and agree together, and with other persons known and unknown, to Possess with Intent to Distribute and to Distribute 50 grams or more of a mixture or substance containing a detectable amount of Methamphetamine, a Schedule II Controlled Substance.

The charges arose from a joint investigation by the Oklahoma Bureau of Narcotics, the Tahlequah Police Department, the Muskogee Police Department, the Oklahoma Department of Corrections, the Bureau of Indian Affairs and the Drug Enforcement Administration. The investigation was coordinated by the Organized Crime Drug Enforcement Task Force (OCDETF) of the Eastern District of Oklahoma.  OCDETF is an initiative led and coordinated by the Office of the United States Attorney.

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report. The defendant will remain in custody pending a sentencing hearing.

Assistant United States Attorney Shannon Henson represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that LUKE AUSTIN HOMER, age 36, of McAlester, Oklahoma, was sentenced to 84 months imprisonment for POSSESSION WITH INTENT TO DISTRIBUTE MORE THAN 5 GRAMS OF ACTUAL METHAMPHETAMINE, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B).

The Indictment alleged that on or about March 5, 2016, in the Eastern District of Oklahoma, the defendant, LUKE AUSTIN HOMER, did knowingly and intentionally possess with intent to distribute more than 5 grams of actual methamphetamine, a Schedule II controlled substance.

The charge arose from an investigation by the Pittsburg County Sherriff’s Office, and the Drug Enforcement Administration.

The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody of the United States Marshals Service pending transportation to the designated federal facility at which, the nonparoleable sentence will be served.

Assistant United States Attorney Timothy Hammer represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that JOANNA MARY HARJO, age 63, of Konawa, Oklahoma, was sentenced to 5 years of probation, to be supervised by the United States Probation Office, and ordered to pay restitution to the United States Social Security Administration in the amount of $45,736.08 for THEFT OF GOVERNMENT FUNDS, in violation of Title 18, United States Code, Section 641.

The Information alleged that on or about September 2008, and continuing to, on or about March 2015, in the  Eastern District of Oklahoma the Defendant, JOANNA MARY HARJO, concealed the true nature of her living arrangements and marital status from the United States Social Security Administration so that she could receive more Social Security Supplemental Security Income benefits than what she would have been eligible to receive, and thus, converted money belonging to the United States Social Security Administration to her own use or gain knowing it was not hers and intending to deprive the United States Social Security Administration of the use and benefit of this money.

The charge arose from an investigation by the United States Social Security Administration.

The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.

Assistant United States Attorney Kristin Harrington represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that ROBERT LEROY CRAWLEY, age 37, of Oklahoma City, Oklahoma, was sentenced to 120 months imprisonment for FELON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2) and 924(e)(1).

The Indictment alleged that on or about October 20, 2015, within the Eastern District of Oklahoma, the defendant, ROBERT LEROY CRAWLEY, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm, which had been shipped and transported in interstate commerce.

The charges arose from an investigation by the Hugo Police Department, and the Federal Bureau of Investigation.

The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody of the United States Marshals Service pending transportation to the designated federal facility at which, the nonparoleable sentence will be served.

Assistant United States Attorney Dean Burris represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced that RICHARD DALE HENRY, age 62, of Broken Bow, Oklahoma, was found guilty, by a federal jury, of FELON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2) and 924(e)(1). The jury trial began with testimony on Monday, November 14, 2016 and concluded on the same day with the guilty verdict. The statutory range of punishment is no more than 10 years imprisonment, a fine of up to $250,000.00 or both; however, should the Court determine the defendant, who has prior convictions for Murder First Degree, Murder Second Degree and Sales of Controlled Dangerous Substances, is an Armed Career Criminal offender, the range of punishment is not less than 15 years imprisonment, up to life, a fine of up to $250,000.00 or both.

Evidence at trial proved that from on or about December 23, 2013, within the Eastern District of Oklahoma, the defendant, RICHARD DALE HENRY, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, an AK-47 style firearm, which had been shipped and transported in interstate or foreign commerce.  Henry sold the rifle, along with a nylon case and 5 high capacity magazines, to Jo’s Pawn in Broken Bow, Oklahoma.

The verdict obtained was the result of an investigation by the McCurtain County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the trial and ordered the completion of a presentence report.  Sentencing will be scheduled following its completion. The defendant will remain in the custody of the United States Marshals Service pending sentencing.

Assistant United States Attorney Dean Burris represented the United States.

MUSKOGEE, OKLAHOMA - On November 10, 2016, Attorney General Loretta E. Lynch recognized 376 department employees for their distinguished public service at the 64th Annual Attorney General’s Awards Ceremony.  Forty-seven other individuals outside of the department were also honored for their work.  This annual ceremony recognizes individuals for their outstanding service and dedication to carrying out the missions of the Department of Justice.

“The Attorney General’s Awards provide us with a rare opportunity to honor the efforts of outstanding department employees and our invaluable partners across the federal government and at the state and local levels,” said Attorney General Lynch.  “Their work has made our nation – and our world – stronger, safer and more just, and I am proud of and inspired by each and every one of them.”

In particular, the Attorney General’s Award for Exceptional Service in Indian Country recognizes extraordinary efforts by department employees who demonstrate the department’s commitment to fighting crime in Indian Country.  This year’s award is presented to, from the Criminal Division’s Human Rights and Special Prosecutions Section, Trial Attorney J. Michael Sheckels; from the Criminal Division’s Appellate Section, Trial Attorney Richard A. Friedman; from the U.S. Attorney’s Office of the Eastern District of Oklahoma, Assistant U.S. Attorney Edward Snow; from the FBI’s Oklahoma City Field Office, Supervisory Special Agent John W. Fitzer and Special Agent Joshua W. Martin; from the Oklahoma State Bureau of Investigation, Special Agent John Jones; and from the Seminole Nation Lighthorse Police, Chief Kent Dowell.

On March 3, 2004, David Magnan entered a house on an Indian allotment in rural Seminole County, Oklahoma, and with premeditation shot three Native American occupants to death as they lay in their beds.  Originally convicted in state court under the misapprehension of the status of the land where the house was located, that conviction was set aside in 2013 after the 10th Circuit Court of Appeals determined that the Indian title to the land had not been extinguished.  Working at great disadvantage given the passage of time, this team worked tirelessly to locate the witnesses and evidence necessary to secure a conviction at trial on all three murder counts, keep a dangerous killer off the streets and obtain justice for the victims’ families.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that NATHAN ROWDEN GREEN, age 28, of Tahlequah, Oklahoma, pled guilty to DRUG CONSPIRACY, in violation of Title 21, United States Code, Sections 846, 841(a)(1) and 841(b)(1)(B), punishable by not less than 5 years or more than 40 years imprisonment, and up to a $5,000,000.00 fine or both.

The Information alleged that or about December 14, 2015, in the Eastern District of Oklahoma, the defendant, did willfully and knowingly combine, conspire, confederate and agree together, and with other persons known and unknown, to Possess with Intent to Distribute and to Distribute 50 grams or more of a mixture or substance containing a detectable amount of Methamphetamine, a Schedule II Controlled Substance.

The charges arose from a joint investigation by the Oklahoma Bureau of Narcotics, the Tahlequah Police Department, the Muskogee Police Department, the Oklahoma Department of Corrections, the Bureau of Indian Affairs and the Drug Enforcement Administration. The investigation was coordinated by the Organized Crime Drug Enforcement Task Force (OCDETF) of the Eastern District of Oklahoma.  OCDETF is an initiative led and coordinated by the Office of the United States Attorney.

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report. The defendant will remain in custody pending a sentencing hearing.

Assistant United States Attorney Shannon Henson represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office announced today the results of the November 2016 Federal Grand Jury.

“The following named individuals have been charged with a federal crime or crimes by the return of an indictment by the Grand Jury.  A grand jury Indictment does not constitute evidence of guilt.  A grand jury Indictment is a method of bringing formal charges against the defendant.  A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt.  United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court.  Federal prison sentences are non-parolable.”

 

NAAMAN JOE MCCOY, age 27, of Pocasset, Oklahoma

Theft in Indian Country

On or about September 13, 2016, in the Eastern District of Oklahoma, within Indian country, as defined in 18 U.S.C. § 1151, the defendant, an Indian, did take and carry away, with the intent to steal and purloin, the personal property of a non-Indian, with a value exceeding $1,000.00. The charge is in violation of Title 18, United States Code, Sections 661 and 1152, punishable by no more than 5 years imprisonment, a fine up to $250,000.00 or both.

The charge arose from an investigation by the Choctaw Tribal Police, and the Federal Bureau of Investigation.

Special Assistant United States Attorney Shelly Harrison

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that LATISHA DAWN ARNOLD, age 37, of Sapulpa, Oklahoma, pled guilty to DRUG CONSPIRACY, in violation of Title 21, United States Code, Sections 846, 841(a)(1) and 841(b)(1)(A), punishable by not less than 10 years or more than Life imprisonment, up to a $10,000,000.00 fine or both.

The Second Superseding Indictment filed in July, 2016, alleged that beginning in or about the end of 2013 and continuing until on or about January 27, 2016, in the Eastern District of Oklahoma, the defendant, did willfully and knowingly combine, conspire, confederate and agree together, and with other persons known and unknown, to Possess with Intent to Distribute and to Distribute 500 grams or more of a mixture or substance containing a detectable amount of Methamphetamine, a Schedule II Controlled Substance.

The charges arose from a joint investigation by the Oklahoma Bureau of Narcotics, the Tahlequah Police Department, the Muskogee Police Department, the Oklahoma Department of Corrections, the Bureau of Indian Affairs and the Drug Enforcement Administration.  The investigation was coordinated by the Organized Crime Drug Enforcement Task Force (OCDETF) of the Eastern District of Oklahoma.  OCDETF is an initiative led and coordinated by the Office of the United States Attorney.

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report. The defendant will remain in the custody of the United States Marshals Service pending transportation to the designated federal facility to serve this nonparoleable sentence.

Assistant United States Attorney Shannon Henson represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that JIMMY DON MCCOY, JR., age 25, of Tulsa, Oklahoma, was sentenced to 13 months imprisonment for STEALING FIREARMS FROM A FEDERAL FIREARMS LICENSED DEALER, in violation of Title 18, United States Code, Sections 924(m) and 2.

The Indictment alleged that on or about August 29, 2015, in the Eastern District of Oklahoma, MCCOY did knowingly steal firearms from Gems Gun & Pawn, a federal licensed firearms dealer, all of which had been shipped and transported in interstate commerce either before or after being stolen.

The charges arose from an investigation by the Sallisaw Police Department and the Bureau of Alcohol, Tobacco and Firearms.

The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.  The defendant will remain in the custody of the United States Marshals Service pending transportation to the designated federal facility at which he will serve his nonparoleable sentence.

Assistant United States Attorney Timothy Hammer represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that GREGORY McINTYRE, age 19, of Sallisaw, Oklahoma, was sentenced to 13 months imprisonment for STEALING FIREARMS FROM A FEDERAL FIREARMS LICENSED DEALER, in violation of Title 18, United States Code, Sections 924(m) and 2.

The Indictment alleged that from on or about August 29, 2015, in the Eastern District of Oklahoma, McINTYRE did knowingly steal from Gems Gun & Pawn, a federal licensed firearms dealer, all of which had been shipped and transported in interstate commerce either before or after being stolen.

The charges arose from an investigation by the Sallisaw Police Department and the Bureau of Alcohol, Tobacco and Firearms.

The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.  The defendant will remain in the custody of the United States Marshals Service pending transportation to the designated federal facility at which he will serve his nonparoleable sentence.

Assistant United States Attorney Timothy Hammer represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that BOB GENE HALL, a/k/a Robert Glen Hensley, age 35, of Cushing, Oklahoma, was sentenced to 265 months imprisonment for DRUG CONSPIRACY, in violation of Title 21, United States Code, Sections 846(a)(1) and 841(b)(1)(A).

The Indictment alleged that beginning in or about February 2015, the exact date being unknown to the Grand Jury, and continuing until on or about September 1, 2015, within the Eastern District of Oklahoma and elsewhere, the defendant did knowingly and intentionally combine, conspire, confederate and agree with others, both known and unknown to the Grand Jury, to commit offenses against the United States in violation of Title 21, United States Code, Section 846, as follows: to possess with intent to distribute and to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II Controlled Substance.

The charges arose from an investigation by the McAlester Police Department, District 18 District Attorney’s Drug Task Force, Seminole Nation Lighthorse Police, Oklahoma Highway Patrol, Seminole County Sheriff’s Office, Seminole Police Department, Oklahoma Bureau of Narcotics, United States Marshal Service and the Drug Enforcement Administration.

The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.  The defendant will remain in the custody of the United States Marshals Service pending transportation to the designated federal facility at which he will serve his nonparoleable sentence.

Assistant United States Attorney Shannon Henson represented the United States.

MUSKOGEE, OKLAHOMA - United States Attorney Mark F. Green announced today that Assistant United States Attorney (AUSA) Gregory Dean Burris will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2016, general elections. AUSA Burris has been appointed to serve as the District Election Officer (DEO) for the Eastern District of Oklahoma, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.

United States Attorney Green said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”

The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.

Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.

The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 8, 2016, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Green stated that AUSA/DEO Burris will be on duty in this District while the polls are open. He can be reached by the public at the following telephone number: (918) 684-5100.

In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at (918) 687-7500.

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to voting.section@usdoj.gov or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.

United States Attorney Green said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that BUDDY LYNN VISSER, age 56, of Okmulgee, Oklahoma, pled guilty to FELON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2) and 924(e)(1), punishable by not more than 10 years imprisonment, up to a $250,000 fine or both; and POSSESSION OF UNREGISTERED FIREARM (MACHINEGUN), in violation of Title 26, United States Code, Sections 5861(d), 5841 and 5871, punishable by not more than 10 years imprisonment, up to a $10,000 fine or both.

The Indictment alleged that on or about July 10, 2016, within the Eastern District of Oklahoma, VISSER, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm, which had been shipped and transported in interstate commerce.

The Indictment further alleged that on or about August 17, 2016, within the Eastern District of Oklahoma, VISSER did knowingly possess a machinegun, to wit: One (1) Seekins Precision, Model SP15; .223 caliber rifle, which is a firearm, as defined in Title 26, United States Code, Section 5845, not registered to him in the National Firearms Registration and Transfer Record.

Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. The defendant will remain in the custody of the United States Marshals Service pending sentencing.

Assistant United States Attorney Dean Burris represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that JIMMY DEWAYNE WHEAT, age 39, of Fort Gibson, Oklahoma, pled guilty to EMBEZZLEMENT AND THEFT IN INDIAN COUNTRY, in violation of Title 18, United States Code, Sections 661 and 1152, punishable by up to 1 year imprisonment, and up to a $100,000 fine.

 

The Information alleged that on or about December 7, 2015, in the Eastern District of Oklahoma, within Indian Country, the defendant, JIMMY DEWAYNE WHEAT, a non-Indian, did take and carry away, with the intent to steal and purloin, an air compressor, a hammer, a roofing hammer, bottle jacks, ten screwdrivers, two nail bars and gloves, with a value less than $1000.00, which were the personal property of a Native American Indian.

 

Charges arose from an investigation by the Creek Nation Lighthorse Police Department and the Federal Bureau of Investigation.

 

The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion.

 

Special Assistant United States Attorney Shelly Harrison represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that DAVID EDWARD AINSWORTH, age 53, of Atoka, Oklahoma, pled guilty to DISTRIBUTION OF METHAMPHETAMINE, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B), punishable by not more than 40 years imprisonment, up to a $5,000,000.00 fine or both; and FELON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, up to a $250,000.00 fine or both.

On or about May 27, 2015, within the Eastern District of Oklahoma, the defendant, DAVID EDWARD AINSWORTH, did knowingly and intentionally distribute 5 grams or more of methamphetamine (Actual), a Schedule II controlled substance.

The indictment further alleged that on or about May 27, 2015, within the Eastern District of Oklahoma, the defendant, DAVID EDWARD AINSWORTH, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm, One (1) Savage Model 94 Series M, 20 gauge weapon made from a shotgun, which had been shipped and transported in interstate commerce.

Charges arose from an investigation by the Drug Enforcement Administration.

The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion.   The defendant will remain in the custody of the United States Marshals Service pending sentencing.

Assistant United States Attorney Timothy Hammer represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that CHRISTOPHER JORDAN LEE FOREMAN, age 22, of Vian, Oklahoma, was sentenced to 57 months of imprisonment, followed by 3 years of supervised release, for POSSESSION OF STOLEN FIREARMS, in violation of Title 18, United States Code, Sections 922(j) and 2, punishable by not more than 10 years of imprisonment, up to a $250,000.00 fine or both.

The Indictment alleged that from on or about August 29, 2015, in the Eastern District of Oklahoma, FOREMAN did knowingly possess stolen firearms, all of which had been shipped and transported in interstate commerce either before or after being stolen.

The charges arose from an investigation by the Sallisaw Police Department and the Bureau of Alcohol, Tobacco and Firearms.

The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearing. FOREMAN will remain in the custody of the United States Marshals Service pending transportation to the designated federal facility at which he will serve his nonparolable sentence.

Assistant United States Attorney Timothy Hammer represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that ADRIAN VINCENT CROSS, age 52, and LONETTA NICHOLE CROSS, age 44, both of Poteau, Oklahoma, and LADAUGHNA JEAN DUXBURY, age 54, of Shady Point, Oklahoma, pled guilty to CONSPIRACY TO STEAL, POSSESS AND UTTER STOLEN UNITED STATES POSTAL MONEY ORDERS, in violation of Title 18, United States Code, Section 371, punishable by not more than 5 years imprisonment, up to a $250,000 fine or both.

The Indictment alleged that on or about December 24, 2015, and continuing thereafter until on or about January 13, 2016, DUXBURY, along with Co-Conspirators CROSS and CROSS in the Eastern District of Oklahoma and elsewhere, knowingly and willfully agreed and conspired against the United States to steal, possess and utter and pass United States Postal Service Money Order Forms.

Charges arose from an investigation by the Pocola Police Department, Shady Point Police Department, Leflore County Sheriff’s Office, and the United States Postal Service.

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty pleas and ordered the completion of presentencing reports. Sentencings will be scheduled following their completions.

Assistant United States Attorney Kristin Harrington represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that DUSTY ALLEN DRYWATER, age 33, of Stilwell, Oklahoma, pled guilty to Drug Conspiracy, in violation of Title 21, United States Code, Sections 846, 841(a)(1) and 841(b)(1)(A), punishable by not less than 10 years or more than Life imprisonment, up to a $10,000,000.00 fine or both and FELON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2) and 2, punishable by not more than 10 years imprisonment, up to a $250,000.00 fine or both.

The Superseding Indictment filed in March, 2016, alleged that beginning in or about the end of 2013 and continuing until on or about January 27, 2016, in the Eastern District of Oklahoma, the defendant, did willfully and knowingly combine, conspire, confederate and agree together, and with other persons known and unknown, to Possess with Intent to Distribute and to Distribute 500 grams or more of a mixture or substance containing a detectable amount of Methamphetamine, a Schedule II Controlled Substance.

The Investigation revealed that Cody McClendon, an Indian Brotherhood (IBH) gang member, who at the time was an inmate with the Oklahoma Department of Corrections in McAlester, Oklahoma was utilizing a contraband cellular phone that he kept hidden on his person and inside his prison cell to facilitate the sale and distribution of methamphetamine. McClendon was doing this by using the cellular phone to communicate with co-conspirators via audio phone calls, text messages, and by communicating on the social media website Facebook.  DRYWATER was a methamphetamine distributor as well as a drug and money courier for the organization.

The charges arose from a joint investigation by the Oklahoma Bureau of Narcotics, the Tahlequah Police Department, the Muskogee Police Department, the Oklahoma Department of Corrections, the Bureau of Indian Affairs and the Drug Enforcement Administration.  The investigation was coordinated by the Organized Crime Drug Enforcement Task Force (OCDETF) of the Eastern District of Oklahoma.  OCDETF is an initiative led, and coordinated by, the Office of the United States Attorney.

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.  The defendant will remain in the custody of the United States Marshals Service pending sentencing.

Assistant United States Attorney Shannon Henson represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that DERRICK DEJUAN WOOTEN, age 24, of Muskogee, Oklahoma, was sentenced to 120 months of imprisonment, followed by 36 months of supervised release for FELON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).

The Indictment alleged that on or about November 17, 2015, within the Eastern District of Oklahoma, the defendant, DERRICK DEJUAN WOOTEN, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm.  WOOTEN was convicted by a federal jury in March, 2016.

The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearing.

The charges are a result of an investigation by the Muskogee Police Department and the Federal Bureau of Investigation, Eastern District Violent Crimes Task Force.  WOOTEN was remanded into the custody of the United States Marshals Service pending transportation to the designated federal facility at which he will serve his nonparolable sentence.

Assistant United States Attorney Rob Wallace represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that JADE LaRAE OBREGON, age 38, of Sallisaw, Oklahoma, was sentenced to 1 year and 1 day of imprisonment for THEFT OF FEDERAL PROGRAM FUNDS, in violation of Title 18, United States Code, Section 1341. OBREGON was also ordered to pay $574,385.94 in restitution.

The Indictment alleged that on or about January 1, 2012, and continuing through December 31, 2013, in the Eastern District of Oklahoma, JADE LaRAE OBREGON, defendant herein, being an agent of Sequoyah Memorial Hospital, said organization receiving in the one year period beginning January 1, 2012, benefits in excess of $10,000 from federal health care programs, embezzled, stole, obtained by fraud, and knowingly converted to the use of a person not the rightful owner, property worth at least $5,000 and owned by such organization, that is diabetic test strips.

The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearing.

The charges are a result of an investigation by the Federal Bureau of Investigation. OBREGON was ordered to report to the Bureau of Prisons on January 15, 2017.

Assistant United States Attorney Melody Nelson represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that JESSE KENT COX, age 34, of Coweta, Oklahoma, pled guilty to WIRE FRAUD, in violation of Title 18, United States Code, Section 1343, punishable by not more than 20 years of imprisonment, up to a $250,000 fine or both.

 

The Indictment alleged that on or about January 1, 2016, and continuing until on or about March 28, 2016, the defendant, JESSE KENT COX, devised and intended to devise a scheme to defraud persons to obtain money and property by means of materially false and fraudulent pretenses, representations and promises.

 

Charges arose from an investigation by the Federal Bureau of Investigation.

 

The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion.

 

Assistant United States Attorney Rob Wallace represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that STEVEN WILLIAM DELIA, age 61, of Tulsa, Oklahoma, was found guilty of HEALTH CARE FRAUD by a federal jury on Thursday, September 29,2016.  The jury also found that the defendant should forfeit $83,769.27 in assets as part of any sentence imposed.

The defendant was indicted in June, 2016 and charged with HEALTH CARE FRAUD, in violation of Title 18, United States Code, Section 1347.

The Indictment alleged that on or about the February 1, 2010, and continuing through November 9, 2010, in the Eastern District of Oklahoma, the defendant, STEVEN WILLIAM DELIA, knowingly and willfully executed and attempted to execute the above-described scheme and artifice to defraud money and property owned by and under the custody and control of the Oklahoma Health Care Authority, a health benefit program as defined in Title 18, United States Code, Section 24(b), in connection with the payment for health care benefits, items and services.

The trial began with testimony on September 26, 2016 and concluded with closing arguments and jury deliberations on Thursday, September 29, 2016.

Testimony at the trial established that DELIA knowingly and willfully, with the intent to defraud, devised and executed a scheme to defraud the Oklahoma Medicaid program by causing the filing of false claims and receiving Medicaid payments for medical services not rendered by a qualified medical professional.

Additional evidence proved that during the time charged in the Indictment, DELIA, in preparation for deployment to Afghanistan, pre-signed approximately 9000 blank prescriptions, for his unsupervised physician’s assistant and nursing staff to disseminate Schedule II narcotics during his absence, from the Delia Medical Clinic in Sallisaw, Oklahoma.  A percentage of those office visits and prescriptions were billed to Medicaid, causing the filing of false claims and receiving Medicaid payments for medical services not rendered by a qualified medical professional.

The charges are a result of an investigation by the Defense Criminal Investigative Service and the Department of Health and Human Services – Office of Inspector General.

The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the trial and ordered the completion of a presentence investigation report.  The defendant was released on bond pending sentencing.

Assistant United States Attorney’s Melody Nelson represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that WILLIAM HENRY CRAIG, age 26, of Wagoner, Oklahoma, pled guilty to three counts: POSSESSION OF AN UNREGISTERED DESTRUCTIVE DEVICE and POSSESSION OF AN UNREGISTERED FIREARM, both in violation of Title 26, United States Code, Sections 5861(d), 5841 and 5871, punishable by not more than 10 years imprisonment, up to a $10,000 fine or both and POSSESSION OF FIREARM WITH AN OBLITERATED SERIAL NUMBER, in violation of Title 18, United States Code, Sections 922(k) and 924(a)(1)(B), punishable by not more than 5 years imprisonment, up to a $250,000 fine or both.

The Indictment alleged that on or about April 5, 2016, within the Eastern District of Oklahoma, the defendant, WILLIAM HENRY CRAIG, did knowingly possess a destructive device, known as a cricket device, which is a firearm, as defined in Title 26, United States Code, Section 5845, not registered to him in the National Firearms Registration and Transfer Record.

It further alleged that on or about April 5, 2016, within the Eastern District of Oklahoma, the defendant did knowingly possess a CGC (Companhia Brasileira de Cartuchos), Model 151, 20 gauge shotgun, with a barrel of less than 18 inches in length and an overall length of less than 26 inches, not registered to him in the National Firearms Registration Transfer Record and the manufacturer’s serial number had been removed, altered and obliterated.

Charges arose from an investigation by the Wagoner Police Department, the Oklahoma Highway Patrol, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion.  The defendant will remain in the custody of the United States Marshals Service, pending sentencing.

Assistant United States Attorney Kristin Harrington represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that MARK BRANDON WEEKS, age 41, of Van Buren, Arkansas, was sentenced to 15 months of imprisonment and 3 years of supervised release for POSSESSION OF A COUNTERFEIT OBLIGATION, in violation of Title 18, United States Code, Section 472 and 2.  The defendant was also ordered to pay restitution in the amount of $300.

The charges are a result of an investigation by the Muskogee Police Department, the Sallisaw Police Department and the United States Secret Service. The defendant was indicted in January, 2016 and pled guilty in April, 2016.

The Indictment alleged that on or about August 10, 2015, in the Eastern District of Oklahoma, the defendant, MARK BRANDON WEEKS, did with intent to defraud, possess counterfeit obligations of the United States, that is: Seventy (70) counterfeit $100 Federal Reserve Notes, which he knew to be falsely made, forged and counterfeited.

The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.

Assistant United States Attorney Timothy Hammer represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that JACOB AUSTIN DUNCAN, age 26, of Tahlequah, Oklahoma, pled guilty to POSSESSION OF UNREGISTERED FIREARM (DESTRUCTIVE DEVICE), in violation of Title 26, United States Code, Sections 5861(d), 5841 and 5871, punishable by not more than 10 years imprisonment, up to a $10,000 fine or both.

The Indictment alleged that on or about June 12, 2016, within the Eastern District of Oklahoma, the defendant, JACOB AUSTIN DUNCAN, did knowingly possess a destructive device, which is a firearm, as defined in Title 26, United States Code, Section 5845, not registered to him in the National Firearms Registration and Transfer Record.

Charges arose from an investigation by the Cherokee County Sheriff’s Office, the Oklahoma High Patrol, the Oklahoma State Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. The defendant will remain in the custody of the United States Marshal Service pending sentencing.

Assistant United States Attorney Dean Burris represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that TIMOTHY RAY CANNON, age 39, of Muskogee, Oklahoma, pled guilty to FAILURE TO REGISTER AS SEX OFFENDER, in violation of Title 18, United States Code, Sections 2250(a)(1), 2250(a)(2)(B) and 2250(a)(3), punishable by not more than 10 years imprisonment, up to a $250,000 fine or both.

The Indictment alleged that on or about September, 2014, until on or about April 13, 2016, in the Eastern District of Oklahoma, and elsewhere, the defendant, TIMOTHY RAY CANNON, an individual required to register as a sex offender under the Sex Offender Registration and Notification Act, after having received felony convictions from the State of California, in Kerns County, on or about July 20, 2000, for Sex with a Minor, and on or about December 10, 2010, for the offense of Sexual Battery: Touch for Sexual Arousal, traveled in interstate commerce and knowingly failed to register and update his registration as required by the Sex Offender Registration and Notification Act.

Charges arose from an investigation by the Muskogee Police Department and the United States Marshals Service.

The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion.

Assistant United States Attorney Edward Snow represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that CHARLES DWANE BROWN, age 43, of Broken Arrow, Oklahoma, pled guilty to FELON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2)., punishable by not more than 10 years imprisonment, up to a $250,000 fine or both.

The Indictment alleged that on or about May 6, 2016, within the Eastern District of Oklahoma, the defendant, CHARLES DWANE BROWN a/k/a Charles Dewayne Brown, a/k/a Charles Duane Brown, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm.

Charges arose from an investigation by the McCurtain County Sheriff’s Office, the Oklahoma State Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion.

Assistant United States Attorney Dean Burris represented the United States.