FEDERAL DISTRICT ARCHIVE
Southern District of West Virginia
Press releases recorded for this federal judicial district.
Two defendants sentenced to federal prison for drug chargesRead the Press Release
CHARLESTON, W.Va. – Two defendants were sentenced to federal prison today for drug crimes, announced United States Attorney Carol Casto. Joshua L. Henderson, 27, of Dayton, Ohio, was sentenced to four years in prison after previously pleading guilty to possession with intent to distribute fentanyl. In a separate prosecution, Larry Gaynor, 24, was also sentenced to four years in prison after previously pleading guilty to possession with intent to distribute heroin.
Henderson admitted that in early February 2017, he traveled from Dayton to Parkersburg several times a week to sell drugs. Using a confidential informant, the Parkersburg Police Department made multiple controlled purchases from Henderson of both heroin and fentanyl. On February 15, 2017, law enforcement obtained a search warrant for a residence where Henderson had been staying in Parkersburg. During the execution of the search warrant, Henderson attempted to flee by jumping from a second story window. Law enforcement caught Henderson and recovered over 13 grams of fentanyl and $1,800 in cash, as well as a Taurus 9mm pistol that had fallen from Henderson’s waistband during the jump. Additionally, law enforcement discovered more fentanyl, digital scales, small plastic baggies, and methamphetamine in or around Henderson’s bedroom. As part of his plea agreement, Henderson admitted to all the drug trafficking activity and to his possession of the gun.
In a separate prosecution, on October 26, 2016, Gaynor and another individual were pulled over in South Charleston. During the traffic stop, officers discovered approximately 100 grams of heroin, digital scales, baggies, and over $1,000 cash. Officers also discovered a 9mm handgun in Gaynor’s possession. As part of his plea agreement, Gaynor admitted to possession of the firearm and to all the charged drug trafficking activity.
The Parkersburg Police Department conducted the investigation of Henderson. Assistant United States Attorney Eumi L. Choi is in charge of the Henderson prosecution. Chief United States District Judge Thomas E. Johnston imposed Henderson’s sentence. The South Charleston Police Department conducted the Gaynor investigation. Assistant United States Attorney Haley Bunn is responsible for the Gaynor prosecution. United States District Judge John T. Copenhaver, Jr., imposed Gaynor’s sentence.
These cases were prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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Kanawha County felon pleads guilty to federal gun and drug crimesRead the Press Release
CHARLESTON, W.Va. – A Kanawha County man pleaded guilty today to a federal gun charge and a federal drug charge, announced United States Attorney Carol Casto. Eddie Wayne Chapman, Jr., 32, of Malden, entered his guilty plea to being a felon in possession of a firearm and possession with intent to distribute methamphetamine.
Chapman admitted that on September 21, 2016, he possessed a Ruger P89, 9mm semi-automatic pistol and a Maverick by Mossberg, Model 88, 12 gauge shotgun that had a modified barrel less than 18 inches in length. Chapman was prohibited from possessing any firearms under federal law because of a 2011 felony drug conviction in Kanawha County Circuit Court. Chapman further admitted to possessing with the intent to distribute over 20 grams of methamphetamine. Law enforcement found the methamphetamine in Chapman’s backpack, concealed in a canister containing a hidden compartment.
Chapman faces up to 30 years in federal prison when he is sentenced on January 17, 2018.
The investigation was conducted by the Kanawha County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Timothy D. Boggess is in charge of the prosecution. The plea hearing was held before United States District Judge Joseph R. Goodwin.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime. This case was also prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs, including methamphetamine. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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Mingo County woman pleads guilty to conspiracy to engage in sex trafficking of a minorRead the Press Release
CHARLESTON, W.Va. – A Mingo County woman pleaded guilty today to a sex trafficking crime involving a minor, announced United States Attorney Carol Casto. Misty Dawn Baisden, 40, of Delbarton, entered her guilty plea to conspiracy to engage in sex trafficking of a minor.
Baisden admitted that in March 2017, she conspired with a codefendant on her cell phone to engage a minor in commercial sex. The communication involved photographs of a minor and the discussion of exchanging money, items, or other things of value for sexually explicit photographs or sexual activity. Baisden admitted that she understood from the entire conversation that her codefendant would be providing her with assistance in engaging in commercial sexual activity with a minor.
Baisden faces up to life in federal prison when she is sentenced on January 23, 2018. She will also be required to register as a sex offender.
The FBI Violent Crimes Against Children Task Force, the West Virginia State Police, the Ashland Police Department, and the Boyd County Sheriff’s Department conducted the investigation. Assistant United States Attorney Jennifer Rada Herrald is in charge of the prosecution. The plea hearing was held before United States District Judge John T. Copenhaver, Jr.
This case was brought as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Former postal worker pleads guilty to stealing methamphetamine from the mailRead the Press Release
CHARLESTON, W.Va. – A former postal worker who stole methamphetamine from a package pleaded guilty today, announced United States Attorney Carol Casto. Turner Connolly, 25, of Charleston, entered his guilty plea to theft of mail by a postal employee.
Connolly was a mail processing clerk who was employed at the South Charleston Post Office. Through his work experience, Connolly was able to identify packages that were intended for the West Virginia State Police Forensic Laboratory. On November 4, 2016, he stole a package from the Marshall County Drug Task Force that was to be delivered to the laboratory. This package contained approximately 1.69 grams of methamphetamine. Connolly gave a statement to federal officers in which he admitted stealing the package, and he is no longer an employee of the United States Postal Service.
Connolly faces up to five years in federal prison when he is sentenced on January 22, 2018.
The United States Postal Service, Office of Inspector General, with assistance from the United States Postal Inspection Service, conducted the investigation. Assistant United States Attorney Stephanie S. Taylor is in charge of the prosecution. The plea hearing was held before Chief United States District Judge Thomas E. Johnston.
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Charleston man sentenced to 10 years in federal prison for possessing child pornographyRead the Press Release
CHARLESTON, W.Va. – A Charleston man was sentenced today to 10 years in federal prison for a child pornography crime, announced United States Attorney Carol Casto. Jason Lee Smith, 39, previously pleaded guilty to possession of child pornography. After Smith is released from prison, he will be on federal supervised release for 15 years, and will also be required to register as a sex offender.
Smith admitted that on March 21, 2015, he possessed over 600 images and videos of minors engaged in sexual acts. Many of the images and videos depict prepubescent minors. The images and videos were contained on his personal computer and other media devices seized from two separate locations in Charleston. The investigation revealed that Smith was using a peer-to-peer file sharing program to download, receive, and distribute child pornography.
The West Virginia State Police, the West Virginia Internet Crimes Against Children Task Force, the Parkersburg Police Department, and the Federal Bureau of Investigation conducted the investigation. Assistant United States Attorney Lisa G. Johnston is in charge of the prosecution. United States District Judge Joseph R. Goodwin imposed the sentence.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Two heroin dealers appear in federal court on drug chargesRead the Press Release
CHARLESTON, W.Va. – Two defendants appeared in federal court today for heroin crimes, announced United States Attorney Carol Casto. Gerald Tyrone King, 38, of White Sulphur Springs, previously pleaded guilty to distribution of heroin and was sentenced in federal court in Beckley to a year and nine months in prison. In a separate prosecution, Dana Stevenson, 26, of Charleston, pleaded guilty in federal court in Charleston to distribution of heroin.
King admitted that on May 27, 2016, he sold heroin to a confidential informant working with law enforcement. The drug deal took place in White Sulphur Springs. At sentencing it was determined that King had distributed additional quantities of heroin, cocaine, and fentanyl.
In a separate prosecution, Stevenson admitted that on December 14, 2016, he sold heroin to a confidential informant cooperating with police officers. The controlled buy occurred in the area of Garvin Avenue and Washington Street, West in Charleston. Stevenson additionally admitted that in January 2017, he possessed firearms, sold a shotgun, and distributed narcotics on multiple occasions. Stevenson faces up to 20 years in federal prison when he is sentenced on January 18, 2018.
The Greenbrier Valley Drug and Violent Crime Task Force conducted the investigation of King. Assistant United States Attorney John File is handling the King prosecution. United States District Judge Irene C. Berger imposed King’s sentence. The Special Enforcement Unit of the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation of Stevenson. Assistant United States Attorney Stephanie S. Taylor is in charge of Stevenson’s prosecution. Chief United States District Judge Thomas E. Johnston is presiding over the Stevenson case.
The King case was prosecuted under the Greenbrier Valley Heroin and Pill Initiative. Stevenson’s case was prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
Both cases were brought as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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South Charleston woman pleads guilty for theft from Tornado Post OfficeRead the Press Release
CHARLESTON, W.Va. – A South Charleston woman who stole from the Tornado Post Office in Kanawha County pleaded guilty today, announced United States Attorney Carol Casto. Martha Edele, 34, entered her guilty plea to theft of government money.
Edele was employed as an Officer-In-Charge at the Tornado Post Office. From December 23, 2013, through January 30, 2014, Edele took money that customers paid for stamps or money order sales. After taking the money, Edele would not report the transaction. Agents with the United States Post Office, Office of Inspector General, noted the account shortfall and spoke with Edele on January 31, 2014. Edele admitted taking the money, and she is no longer working for the United States Postal Service. Edele took $5,470.21 from the Tornado Post Office, and, as part of her plea agreement, has agreed to pay that amount in restitution.
Edele faces up to a year in federal prison and a $100,000 fine when she is sentenced on January 10, 2018.
The United States Postal Service, Office of Inspector General, conducted the investigation. Assistant United States Attorney Erik S. Goes is in charge of the prosecution. United States District Judge Joseph R. Goodwin presided over the plea hearing.
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Federal jury finds St. Albans man guilty of gun crimeRead the Press Release
CHARLESTON, W.Va. – A federal jury sitting in Charleston returned a guilty verdict yesterday in the trial of a St. Albans man for being a felon in possession of a firearm, announced United States Attorney Carol Casto. Cleveland McDowell Meador, IV, 43, was convicted following a one-day jury trial.
Witnesses for the United States testified that on May 10, 2017, Meador gave permission to officers with the St. Albans Police Department to search his home on Bard Avenue in St. Albans. During the search, an officer discovered a Hi-Point, Model C9, 9mm pistol in an air register vent in the ceiling of Meador’s home. After Meador’s arrest, law enforcement read him his Miranda rights and in a recorded interview, Meador admitted that he put the gun in the air register vent, that he was a convicted felon, and that he knew that he was not supposed to have a gun. Meador was prohibited from possessing any firearm under federal law because of a 2016 felony conviction in Kanawha County Circuit Court for third offense driving while license revoked for driving under the influence.
Meador faces up to 10 years in federal prison when he is sentenced on January 17, 2018.
The St. Albans Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorneys Eric Bacaj and Clint Carte are in charge of the prosecution and tried the case before a federal jury. United States District Judge Joseph R. Goodwin presided over the trial.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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Charleston man sentenced to federal prison for failing to register as a sex offenderRead the Press Release
CHARLESTON, W.Va. – A Charleston man was sentenced today to two years in federal prison for failing to register as a sex offender, announced United States Attorney Carol Casto. Hershel Vanhoose, 43, was also ordered to serve 10 years of federal supervised release following the completion of his prison sentence.
Vanhoose admitted that from early 2016 until his arrest on February 12, 2017, he failed to register as a sex offender as required by the Sex Offender Registration and Notification Act. On February 12, 2017, Vanhoose was arrested by the Charleston Police Department on an outstanding warrant for failure to update his registration in Ohio. Vanhoose was required to register as a sex offender because of a 2003 Ohio conviction for gross sexual imposition involving a minor.
The Charleston Police Department, the United States Marshals Service, and the West Virginia State Police conducted the investigation. Assistant United States Attorney Jennifer Rada Herrald is in charge of the prosecution. Chief United States District Judge Thomas E. Johnston imposed the sentence.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Charleston man pleads guilty to illegally possessing sawed-off shotgunRead the Press Release
CHARLESTON, W.Va. – A Charleston man pleaded guilty today to a federal gun crime, announced United States Attorney Carol Casto. Joe Orville Fooce, III, 44, entered his guilty plea to possession of a shotgun with a barrel length less than 18 inches and an overall length less than 26 inches not registered to him in the National Firearms Registration and Transfer Record.
In July 2016, South Charleston police officers found Fooce unresponsive at an intersection. After Fooce was transported by medics, officers discovered the sawed-off shotgun in his backpack. Fooce admitted that he knew the firearm had been modified from its original length.
Fooce faces up to 10 years in federal prison when he is sentenced on January 17, 2018.
The South Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney Monica D. Coleman is in charge of the prosecution. The plea hearing was held before Chief United States District Judge Thomas E. Johnston.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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Charleston man pleads guilty for stealing items from the University of Charleston and selling themRead the Press Release
CHARLESTON, W.Va. – A Charleston man caught stealing items from the campus of the University of Charleston and selling them on Amazon pleaded guilty today, announced United States Attorney Carol Casto. Adam St. Clair, 30, entered his guilty plea to mail fraud.
Between the summer of 2014 and approximately the fall of 2015, St. Clair secretly entered locked offices and rooms in buildings on the campus of the University of Charleston without permission or authority. He then stole textbooks and other items from inside those offices. St. Clair maintained an account with Amazon to offer textbooks, electronic equipment, and other goods he had stolen from the University of Charleston campus for sale over the internet. St. Clair had a page on Amazon’s website that he named “Robin Hood Literature.” As a seller of merchandise on Amazon, St. Clair certified that he had the legal right to sell the items advertised on his site. When someone would order a textbook from the site, St. Clair mailed the order to the customer. On one occasion in August of 2015, an employee of the University of Charleston ordered and received a textbook that had been stolen from her. St. Clair received over $6,000 for selling the stolen merchandise, and, as part of his plea agreement, agreed to pay $6,271 in restitution.
St. Clair faces up to 20 years in federal prison and a $250,000 fine when he is sentenced on January 10, 2018.
The Federal Bureau of Investigation, the United States Postal Inspection Service, and the University of Charleston Department of Public Safety conducted the investigation. Assistant United States Attorney R. Gregory McVey is handling the prosecution. United States District Judge Joseph R. Goodwin presided over the plea hearing.
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Multiple federal inmates plead guilty to weapons chargesRead the Press Release
BLUEFIELD, W.Va. – Five federal inmates pleaded guilty today to possessing weapons at the Federal Correctional Institution at McDowell, announced United States Attorney Carol Casto. As part of separate prosecutions, Scott Finnell, 29, Misael Santana-Rivera, 32, Antonio R. Azpeitia, 40, Ernest Shields, 42, and Diego Ninos, 30, entered their guilty pleas to possession of a weapon by an inmate of the institution.
Each inmate admitted to possessing a handcrafted weapon, commonly referred to as a “shank.” This year, from March until June, the weapons were either observed or discovered through searches by staff members of the Federal Correctional Institution at McDowell. The objects were made out of a variety of materials, including plastic, metal, and wood, and were sharpened to a point at one end. The inmates all admitted that the shanks were designed and intended to be used as weapons.
Each inmate faces up to five years in federal prison in addition to the sentences they are currently serving. Santana-Rivera, Shields, and Azpeitia are scheduled to be sentenced on January 23, 2018. Finnell and Ninos are scheduled for sentencing on January 24, 2018.
These cases were investigated by the Federal Bureau of Prisons. Assistant United States Attorney John File is handling these prosecutions. Senior United States District Judge David A. Faber presided over the plea hearings.
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Dunbar felon pleads guilty to federal gun crimeRead the Press Release
HUNTINGTON, W.Va. – A Dunbar woman pleaded guilty today to a federal gun charge, announced United States Attorney Carol Casto. Amanda Renee Taylor, 40, entered her guilty plea to being a felon in possession of a firearm.
Taylor admitted that on February 7, 2017, she possessed two firearms, a Lorcin .380 caliber pistol and a High Standard .22 caliber revolver. Taylor further admitted that she stole mail and possessed methamphetamine and counterfeit money found when she was arrested. Taylor was prohibited from possessing any firearms under federal law because of a 2009 felony drug conviction in Kanawha County Circuit Court.
Taylor faces up to 10 years in federal prison when she is sentenced on January 16, 2018.
The investigation was conducted by the United States Postal Inspection Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Putnam County Sheriff’s Office. Assistant United States Attorney Meredith George Thomas is in charge of the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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Detroit man pleads guilty to distributing pain pillsRead the Press Release
HUNTINGTON, W.Va. – A Detroit man caught selling oxycodone in March 2017 pleaded guilty today to a federal drug crime, announced United States Attorney Carol Casto. Lurduea Appling, 37, entered his guilty plea to distribution of oxycodone.
On March 20, 2017, agents with the Drug Enforcement Administration and the West Virginia State Police Bureau of Criminal Investigation (BCI) in Ona used a confidential informant to make a controlled buy of oxycodone from Appling. The drug deal took place at 1342 15th Street in Huntington. Appling provided the informant with oxycodone in exchange for $3,750 in cash. As part of the plea agreement, Appling admitted to all the drug trafficking activity charged in the indictment.
Appling faces up to 20 years in federal prison when he is sentenced on January 16, 2018.
The Drug Enforcement Administration and the West Virginia State Police BCI in Ona conducted the investigation. Assistant United States Attorney Stephanie S. Taylor is handling the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
This prosecution is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Two Raleigh County felons plead guilty to federal gun crimesRead the Press Release
BECKLEY, W.Va. – Two Raleigh County felons pleaded guilty today to federal gun charges, announced United States Attorney Carol Casto. Jerry Wayne Phillips, Jr., 40, of Beckley, entered his guilty plea to being a felon in possession of a firearm. In a separate prosecution, Don Edward Christy, Jr., 42, of Prince, also pleaded guilty to being a felon in possession of a firearm.
Phillips admitted that on June 23, 2016, he possessed six stolen firearms, including a Marlin, Model 30AW, .30/.30 caliber rifle; a Norinco, Model Type 56 SKS, 7.62x39mm rifle; a Mossberg, Model 500, 12 gauge shotgun; a Keystone Sporting Arms, Model Cricket, .22 caliber rifle; a Winchester, Model 190, .22 caliber rifle; and a Rossi (Taurus), Model S411220BS, .410/.22 caliber rifle. Phillips was prohibited from possessing any firearms under federal law because of a 1998 felony drug conviction in Raleigh County Circuit Court and a 2004 misdemeanor conviction for domestic violence.
In a separate prosecution, Christy admitted that on July 27, 2017, he sold an SCCY, Model CPX-2, 9mm pistol to a confidential informant working with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The gun deal took place in the parking lot of Walmart on North Eisenhower Drive in Beckley. Christy further admitted that on August 14, 2017, he sold a Taurus, Model PT 111, Millennium G2, 9mm pistol and approximately 7.8 grams of methamphetamine to a confidential informant working with the ATF. The gun and drug deal took place in the parking lot of AutoZone on Robert C. Byrd Drive in Beckley. Christy was prohibited from possessing any firearms under federal law because of two felony convictions in Raleigh County Circuit Court, one in 2006 for attempt to commit aggravated robbery and another in 2014 for breaking and entering.
Phillips and Christy each face up to 10 years in federal prison when they are sentenced on January 31, 2018.
The investigations were conducted by the ATF and the Beckley Police Department. The plea hearings were held before United States District Judge Irene C. Berger.
These cases were brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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Charleston man sentenced for Social Security fraudRead the Press Release
CHARLESTON, W.Va. – A Charleston man was sentenced today to five years of probation and ordered to pay $36,927 in restitution for Social Security fraud, announced United States Attorney Carol Casto. Thomas Bennett, 58, previously pleaded guilty to theft of public money.
Bennett admitted that he participated in a scheme in which his family members, in 1986, fraudulently applied for Social Security benefits. The fraudulent application was in the name of a family member who died in 1967 and members of Bennett’s family were not entitled to receive any benefits. Bennett subsequently learned about the fraud and in 2000, he joined his family in participating in the scheme. When the other family members died in 2012 and 2013, Bennett took over the Social Security scheme and continued to cash Social Security benefits checks that he knew he was not entitled to receive. Bennett assisted his other family members in cashing Social Security benefits checks dating back to the year 2000 totaling $36,927.
The investigation was conducted by the Social Security Administration’s Office of the Inspector General and the Social Security Administration. Assistant United States Attorney Erik S. Goes is in charge of the prosecution. Chief United States District Judge Thomas E. Johnston imposed the sentence.
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Two defendants sentenced to federal prison for heroin chargesRead the Press Release
HUNTINGTON, W.Va. – Two defendants who pleaded guilty earlier this year to federal drug crimes were sentenced today in Huntington, announced United States Attorney Carol Casto. Bradley William McCutchen, 36, of Detroit, was sentenced to five years in federal prison after previously pleading guilty to possession with intent to distribute 100 grams or more of heroin. In a separate prosecution, Judy Kay Smith, 59, of Huntington, was sentenced to a year and three months in federal prison and ordered to pay a $10,000 fine after previously pleading guilty to distributing heroin.
On March 28, 2015, agents with the Drug Enforcement Administration Task Force executed a search warrant at “The Sandwich Joint,” a restaurant located at 417 12th Street in Huntington. Agents had previously purchased heroin at the restaurant on several occasions. During the search, agents located and seized over 275 grams of heroin from a safe located on the second floor of the restaurant. Agents also seized various items of drug paraphernalia during the search, including packaging material, a digital scale, and multiple bottles of inositol powder, which is commonly used as a cutting agent in the preparation of heroin for distribution. McCutchen admitted that he used the restaurant to store heroin that he supplied to other individuals and distributed himself. McCutchen further admitted that between August 2014 and March 2015, he supplied the owner of the restaurant with heroin that he transported to Huntington from Detroit.
In a separate prosecution, deputies with the Cabell County Sheriff’s Department utilized a confidential informant to make a controlled purchase of heroin from Smith on January 5, 2017. Smith agreed to meet the informant in a parking lot at 4341 U.S. Route 60 in Huntington to complete the drug deal. After the informant and Smith arrived at that location, the informant entered Smith’s vehicle, where she sold the informant approximately 10 grams of heroin in exchange for $1,200 in cash. Smith also admitted that she distributed 20 grams of heroin to the informant on January 9, 2017.
On January 23, 2017, Smith agreed to distribute 20 grams of heroin to an undercover agent with the Huntington FBI Drug Task Force. Prior to that drug deal, a trooper with the West Virginia State Police conducted a traffic stop of Smith’s vehicle. Smith was arrested and found with approximately 22 grams of heroin. Agents also executed a search warrant at Smith’s residence and seized additional heroin and two firearms. As part of her plea, Smith agreed to forfeit a vehicle that was used to facilitate the heroin trafficking.
The Drug Enforcement Administration Task Force conducted the McCutchen investigation. The Huntington FBI Drug Task Force, the Cabell County Sheriff’s Department, and the West Virginia State Police conducted the Smith investigation. Assistant United States Attorney Joseph F. Adams handled the prosecutions. United States District Judge Robert C. Chambers imposed the sentences.
These prosecutions are part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Former nursing home employee pleads guilty for embezzling over $80,000Read the Press Release
CHARLESTON, W.Va. – A former nursing home employee who embezzled over $80,000 pleaded guilty today, announced United States Attorney Carol Casto. Veneford Blankenship, 35, of Princeton, entered her guilty plea to mail fraud.
Blankenship worked at a nursing home in Princeton as the Business Office Supervisor where she oversaw the financial operations. Her duties included sending patient invoices, recording deposits in the nursing home’s accounting program, and depositing checks into the nursing home’s operations account. The nursing home also had another bank account, which allowed residents to collect funds that were occasionally spent on dinner, outings, and small events for residents. While the nursing home’s parent company received bank statements for its operations account, the parent company did not receive any statements for the other bank account.
Blankenship admitted that in June 2015, she began secretly diverting residents’ payment checks. Instead of depositing these checks into the operations account, she deposited the checks into the other bank account. She then wrote checks to herself from the other account, forging the signatures of the two individuals with signature authority. She hid her crime by writing false memos on the checks and indicating that the withdrawals were for legitimate nursing home purposes, when in reality she took the money for herself. She also falsely updated the nursing home’s accounting program to indicate that the residents paid invoices and that the nursing home received funds that she had stolen.
Blankenship faces up to 20 years in federal prison when she is sentenced on January 23, 2018. As part of her plea agreement, Blankenship agreed to pay restitution in the amount of $82,926.15.
The FBI and the Postal Inspection Service conducted the investigation. Assistant United States Attorney Meredith George Thomas is in charge of the prosecution. The plea hearing was held before Senior United States District Judge David A. Faber.
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Detroit man sentenced to 10 years in federal prison for heroin crimeRead the Press Release
HUNTINGTON, W.Va. – A Detroit man was sentenced to 10 years in federal prison today for a drug crime, announced United States Attorney Carol Casto. James Otis Daniels, 43, previously pleaded guilty to possession with intent to distribute heroin.
On March 10, 2016, the Huntington FBI Drug Task Force conducted a search at 1830 10th Avenue in Huntington, where Daniels was living with his codefendant, Thomas Nelson. During the search, agents seized a total of over 80 grams of heroin, including over 75 grams located inside a safe in Daniels’ bedroom, along with four digital scales. Agents also seized over $7,300 in cash, over $3,700 of which was located inside the safe in the bedroom. Agents additionally seized a .45 caliber Taurus pistol from Daniels’ bedroom that had previously been reported stolen from a firearms dealer in Barboursville.
Nelson previously pled guilty to a federal gun crime, and was sentenced to five years in federal prison.
The Huntington FBI Drug Task Force conducted the investigation. Assistant United States Attorney R. Gregory McVey is in charge of the prosecution. United States District Judge Robert C. Chambers imposed the sentence.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Charleston man pleads guilty to receiving child pornographyRead the Press Release
CHARLESTON, W.Va. – A Charleston man pleaded guilty today to a child pornography crime, announced United States Attorney Carol Casto. Jeffrey Scott Beard, 37, entered his guilty plea to receiving child pornography.
Beard admitted that on October 23, 2016, he received images of prepubescent minors engaged in sex acts. The images were received on Beard’s computer and thumb drives located at his residence in Charleston. The investigation revealed that Beard was using a peer-to-peer file sharing program to download, receive, and distribute images and videos of child pornography. Beard further admitted to possessing over 600 images and videos of minors engaged in sex acts.
Beard faces at least five and up to 20 years in federal prison when he is sentenced on January 11, 2018. Upon his release from prison, he will be required to serve a term of supervised release of at least five years and up to life. He will also be required to register as a sex offender.
The FBI, the West Virginia State Police, the West Virginia Internet Crimes Against Children Task Force, and the Parkersburg Police Department conducted the investigation. Assistant United States Attorney Lisa G. Johnston is in charge of the prosecution. The plea hearing was held before United States District Judge Joseph R. Goodwin.
This case is being prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Two Lewisburg defendants plead guilty to federal oxymorphone crimesRead the Press Release
BECKLEY, W.Va. – Two Lewisburg defendants pleaded guilty today to federal drug crimes, announced United States Attorney Carol Casto. Joshua Adam Smith, 35, entered his guilty plea to distribution of oxymorphone. Jessica Nicole Honaker, 26, pleaded guilty to aiding and abetting the distribution of oxymorphone.
Smith admitted on November 6, 2016, he distributed oxymorphone to a confidential informant working with law enforcement. Honaker admitted that on November 17, 2016, she distributed oxymorphone to a confidential informant to complete a drug deal that Smith had arranged. Both of the drug deals took place at a residence on Battle Hill Drive in Lewisburg. As part of their plea agreements, Smith and Honaker took responsibility for all of the drug trafficking activity charged in the indictment.
Smith and Honaker each face up to 20 years in federal prison when they are sentenced on January 24, 2018.
The Greenbrier Valley Drug and Violent Crime Task Force conducted the investigation. Assistant United States Attorney John File is handling the prosecution. The plea hearings were held before United States District Judge Irene C. Berger.
This case is being prosecuted under the Greenbrier Valley Heroin and Pill Initiative, part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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St. Albans man sentenced to nine years in federal prison for methamphetamine crimeRead the Press Release
CHARLESTON, W.Va. – A St. Albans man was sentenced today to nine years in federal prison for a drug crime, announced United States Attorney Carol Casto. Jeremiah Joe Johnson, 40, previously pleaded guilty to possession with intent to distribute 50 grams or more of methamphetamine.
Johnson admitted that on April 30, 2017, he traveled to Charleston from Atlanta with approximately 1.3 kilograms of methamphetamine. Agents with the Metropolitan Drug Enforcement Network Team were monitoring Johnson’s travels using a GPS tracker and surveillance. Johnson also admitted that he stopped at the Bigley Avenue Go-Mart in Charleston, where an officer saw a passenger with Johnson attempt to hide a meth pipe from view. A drug dog on the scene gave a positive indication for the presence of narcotics, and a subsequent search of the vehicle uncovered the methamphetamine in a bag in the back seat. Johnson additionally admitted that he had obtained the drugs from a source in Georgia, and that he intended to distribute the drugs. Johnson further admitted to several other encounters with law enforcement while he was in possession of dealer amounts of methamphetamine.
The Metropolitan Drug Enforcement Network Team, the West Virginia State Police, and the Drug Enforcement Administration conducted the investigation. Assistant United States Attorney R. Gregory McVey is in charge of the prosecution. United States District Judge Joseph R. Goodwin imposed the sentence.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs, including methamphetamine. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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Mexican national pleads guilty to immigration crimeRead the Press Release
BECKLEY, W.Va. – A Mexican national pleaded guilty today to an immigration crime, announced United States Attorney Carol Casto. Victor Guevara-De La Paz, 35, entered his guilty plea to illegally reentering the United States.
Agents of the Department of Homeland Security identified Guevara-De La Paz through surveillance and learned that he was residing in Lewisburg. On May 24, 2017, agents stopped Guevara-De La Paz and confirmed his identity during the traffic stop. Agents also learned through fingerprint comparison that Guevara-De La Paz had twice been removed from the United States. On both occasions, after being removed, Guevara-De La Paz then illegally reentered the United States. Furthermore, Guevara-De La Paz had not formally applied for permission to legally enter the United States.
Guevara-De La Paz faces up to two years in federal prison when he is sentenced on January 24, 2018. He is also subject to removal proceedings at the conclusion of the case.
The investigation was conducted by the Department of Homeland Security. Assistant United States Attorney Erik S. Goes is in charge of the prosecution. The plea hearing was held before United States District Judge Irene C. Berger.
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Former funeral home director pleads guilty to defrauding insurance companyRead the Press Release
BLUEFIELD, W.Va. – A former funeral director who defrauded an insurance company pleaded guilty today, announced United States Attorney Carol Casto. Joel L. McGuire, 61, of Alderson, entered his guilty plea to wire fraud.
McGuire was the funeral director at Broyles-McGuire Funeral Home in Union, West Virginia. While serving as funeral director, McGuire also sold insurance policies that would pay for clients’ funerals upon their death. On August 31, 2012, McGuire submitted a claim, stating that a client had passed away on August 29, 2012, and that he had provided funeral services at a cost of $3,313.71. McGuire knew that the client was still alive and that he had not provided any funeral services. The insurance company paid McGuire $3,312.71 for the claim. McGuire also admitted that, as a result of his submission of numerous other false claims for clients that had not died, he received more than $50,000.
McGuire faces up to 20 years in federal prison and a $250,000 fine when he is sentenced on January 9, 2018.
The West Virginia Offices of the Insurance Commissioner Fraud Unit conducted the investigation. Assistant United States Attorney Eric Bacaj is in charge of the prosecution. The plea hearing was held before Senior United States District Judge David A. Faber.
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Akron drug dealer pleads guilty to federal drug and gun crimeRead the Press Release
CHARLESTON, W.Va. – An Akron man pleaded guilty today to a federal drug crime and a federal gun crime, announced United States Attorney Carol Casto. Lonnie Brown, 46, entered his guilty plea to distribution of fentanyl. In a separate proceeding, Brown also pleaded guilty to being a felon in possession of a firearm.
On September 26, 2016, officers with the Charleston Police Department conducted a traffic stop on a Honda Accord in Charleston. Brown fled the vehicle on foot. During a search of the vehicle, officers located a Glock, Model 27, .40 caliber semi-automatic pistol in the floorboard where Brown had been sitting. Brown was prohibited from possessing any firearm under federal law because of a 2015 felony conviction in Montgomery County, Ohio, for possession of heroin.
On February 15, 2017, agents with the Metropolitan Drug Enforcement Network Team used a confidential informant to make a controlled drug buy from Brown. The drug deal occurred at 602 Randolph Street in Charleston, and the substance recovered by law enforcement from the confidential informant tested positive for fentanyl. As part of the plea agreement, Brown admitted to all the drug trafficking activity charged in the indictment, including that he distributed heroin and fentanyl in Charleston on three other occasions in 2016 and 2017.
Brown faces up to 20 years in federal prison for the drug charge and up to 10 years in federal prison for the gun charge when he is sentenced on January 11, 2018.
The Metropolitan Drug Enforcement Network Team, the Kanawha County Sheriff’s Department’s STOP Team, the Charleston Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigations. Assistant United States Attorney Stephanie S. Taylor is handling the prosecution. The plea hearings were held before United States District Judge Joseph R. Goodwin.
The drug prosecution is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District. The gun case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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Former Cross Lanes postal worker pleads guilty to stealing pain pills from the mailRead the Press Release
CHARLESTON, W.Va. – A former postal worker who stole oxycodone and hydrocodone pills from packages pleaded guilty today, announced United States Attorney Carol Casto. Brittany Harrison, 31, of Cross Lanes, entered her guilty plea to theft of mail by a postal employee.
Harrison was a federal postal support employee who worked in the Charleston Main Post Office as a mail processing clerk. Through working at that post office, Harrison learned to identify packages that contained oxycodone and hydrocodone pills. After identifying these packages, Harrison opened them and stole the pain pills inside. On April 8, 2016, she opened a package from the Department of Veterans Affairs Medical Center in Huntington that was to be delivered to a Charleston resident and stole oxycodone pills from the package. Harrison further admitted to stealing pills contained in at least six other packages, including 168 oxycodone pills on April 12, 2016, and another 168 oxycodone pills on April 13, 2016. On April 13, 2016, Harrison gave a statement to federal officers in which she admitted stealing the pain pills. Harrison is no longer an employee with the United States Postal Service.
Harrison faces up to five years in federal prison when she is sentenced on January 4, 2018.
The United States Postal Service, Office of Inspector General, and the United States Postal Inspection Service conducted the investigation. Assistant United States Attorney Erik S. Goes is in charge of the prosecution. The plea hearing was held before United States District Judge Joseph R. Goodwin.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Detroit felon sentenced to federal prison for gun crimeRead the Press Release
HUNTINGTON, W.Va. – A Detroit man was sentenced today to a year and three months in federal prison for a gun charge, announced United States Attorney Carol Casto. Deandre Lamar Harris, 31, previously pleaded guilty to being a felon in possession of ammunition.
On January 18, 2014, members of the West Virginia State Police conducted a search at 345 Sixth Avenue in Huntington, a residence used by Harris. The search was conducted after law enforcement received information that a stolen firearm had been taken there to pay a drug debt to another individual. Law enforcement located Harris in the residence, along with two other individuals, one of whom was alleged to have received the firearm. At the time of the search, Harris was in possession of several rounds of .25 caliber ammunition. Harris was prohibited from possessing ammunition under federal law because of felony convictions in 2007 in Cabell County Circuit Court for malicious wounding and for attempt to commit a felony.
The West Virginia State Police conducted the investigation. Assistant United States Attorney R. Gregory McVey handled the prosecution. United States District Judge Robert C. Chambers imposed the sentence.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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Federal inmate sentenced to prison for possessing a weaponRead the Press Release
CHARLESTON, W.Va. – A federal inmate was sentenced today to a year and three months in prison for possessing a weapon at the Federal Correctional Institution at McDowell, announced United States Attorney Carol Casto. Christopher Williams, 31, previously pleaded guilty to possession of a weapon by an inmate of the institution.
Williams admitted that on August 25, 2016, he possessed a handcrafted weapon commonly known as a “shank.” The weapon was a piece of metal approximately six inches long, sharpened on one end, with a handle made of duct tape. The weapon was discovered during a search of Williams when a prison staff member observed it fall from his clothing.
This case was investigated by the Federal Bureau of Prisons. Assistant United States Attorney John File handled the prosecution. Senior United States District Judge David A. Faber imposed the sentence.
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Charleston heroin dealer sentenced to federal prison for drug crimeRead the Press Release
CHARLESTON, W.Va. – A Charleston man was sentenced today to three years in federal prison for a heroin crime, announced United States Attorney Carol Casto. Joseph G. Withrow, 29, previously pleaded guilty to distribution of heroin.
Withrow admitted that on August 18, 2016, he sold nearly two grams of heroin to a confidential informant working with the Metropolitan Drug Enforcement Network Team. The drug deal took place at his apartment on Washington Avenue in Charleston. As part of his plea agreement, Withrow further admitted to all the drug trafficking activity charged in the indictment, including that he was responsible for distributing at least 25 grams of heroin in the area.
The Metropolitan Drug Enforcement Network Team conducted the investigation. Assistant United States Attorney Monica D. Coleman is in charge of the prosecution. United States District Judge John T. Copenhaver, Jr., imposed the sentence.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Nicholas County man sentenced to 10 years in federal prison for attempted enticement of a minorRead the Press Release
CHARLESTON, W.Va. – A Nicholas County man was sentenced today to 10 years in federal prison for a sex crime involving a minor, announced United States Attorney Carol Casto. John Marshall Underwood, Jr., 44, of Gilboa, previously pleaded guilty to attempted enticement of a minor to engage in sexual activity. After completing his prison sentence, Underwood will be on federal supervised release for 15 years, and he will also be required to register as a sex offender.
Underwood admitted that from December 14, 2016, through February 1, 2017, he used a cell phone to communicate with a woman he believed to be a prostitute who had custody of two minor nieces. The woman Underwood thought was a prostitute was actually an undercover law enforcement officer. Underwood also admitted that he communicated with the woman about engaging in commercial sexual activity with one of the nieces. On at least two occasions, Underwood communicated with an individual he believed to be the niece and attempted to entice her to engage in commercial sexual activity. The individual Underwood thought was the niece was also an undercover law enforcement officer. Underwood admitted that on February 1, 2017, he arranged a meeting with the individuals, who were actually undercover officers, and was arrested after he arrived at the meeting location. Law enforcement recorded all the calls between Underwood and the undercover officers.
The investigation was conducted by the Charleston Police Department, the West Virginia State Police, and Homeland Security Investigations. Assistant United States Attorney Jennifer Rada Herrald is in charge of the prosecution. United States District Judge John T. Copenhaver, Jr., imposed the sentence.
This case was brought as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Federal jury finds Charleston man guilty of methamphetamine crimeRead the Press Release
CHARLESTON, W.Va. – A federal jury sitting in Charleston returned a guilty verdict yesterday in the trial of a Charleston man for possession with intent to distribute 50 grams or more of methamphetamine, announced United States Attorney Carol Casto. Brian D. Terry, 32, was convicted following a one-day jury trial.
Witnesses for the United States testified that on April 20, 2016, Terry was the passenger in a vehicle that was stopped for speeding by officers with the Metropolitan Drug Enforcement Network Team. The traffic stop took place in the St. Albans area, on MacCorkle Avenue close to Oliver Street. During the traffic stop, Terry consented to a search, and officers discovered approximately 195 grams of crystal methamphetamine in his groin area. A chemist with U.S. Customs and Border Protection testified at trial that the methamphetamine found on Terry was approximately 99% pure.
Officers arrested Terry and read him his Miranda rights. Subsequently, during the transport of Terry to South Central Regional Jail, he shared details of his drug trafficking activity with an officer, including the quantity of methamphetamine he sold and the price he charged. Both the traffic stop and the transport to the jail were recorded.
Terry faces at least 10 years and up to life in federal prison when he is sentenced on December 14, 2017.
The Metropolitan Drug Enforcement Network Team conducted the investigation. Assistant United States Attorneys Joshua Hanks and Clint Carte are in charge of the prosecution and tried the case before a federal jury. United States District Judge Joseph R. Goodwin presided over the trial.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs, including methamphetamine. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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St. Albans man sentenced to federal prison for methamphetamine crimeRead the Press Release
CHARLESTON, W.Va. - A St. Albans man was sentenced today to three years in federal prison for a drug charge, announced United States Attorney Carol Casto. Christopher Carte, 44, previously pleaded guilty to conspiracy to distribute methamphetamine.
On February 9, 2017, Carte was stopped by law enforcement conducting surveillance of suspected drug activity when officers saw him leaving a room at the Super 8 motel in Dunbar. After Carte consented to a search, officers found approximately one ounce of crystal methamphetamine in his jacket pocket. Carte admitted that he had gotten the methamphetamine from someone in the motel room, and that he intended sell the drugs and pay that individual with the proceeds.
The investigation was conducted by the Metropolitan Drug Enforcement Network Team with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorneys Eric Bacaj and Haley Bunn are responsible for the prosecution. United States District Judge Joseph R. Goodwin imposed the sentence.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs, including methamphetamine. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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Charleston man pleads guilty to federal gun crimeRead the Press Release
CHARLESTON, W.Va. – A Charleston man pleaded guilty today to a federal gun charge, announced United States Attorney Carol Casto. Leon Mitchell, III, 24, entered his guilty plea to possessing a firearm with an obliterated serial number.
In the early morning hours of March 8, 2016, a Charleston Police Department officer was patrolling in the area of Park Avenue and Simms Street in Charleston when he encountered Mitchell. The officer asked Mitchell if he had any weapons, and he replied that he did not. Shortly after this conversation, an unidentified woman ran screaming behind the officer. As the officer turned away to check on the sudden commotion, he heard the sound of metal hitting the ground. The officer looked back to the area where Mitchell was standing and saw what was later identified as a Sig Sauer, Model P220, .45 caliber semiautomatic handgun with the serial number scratched off. When the officer asked Mitchell what was lying on the ground, Mitchell told the officer it was his gun. In a search of Mitchell incident to arrest, the officer recovered approximately eight grams of marijuana and half a gram of heroin.
Mitchell faces up to five years in federal prison when he is sentenced on December 6, 2017.
The investigation was conducted by the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Clint Carte is responsible for the prosecution. The plea hearing was held before United States District Judge Joseph R. Goodwin.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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Kanawha County couple admits to drug distribution conspiracy involving mail theftRead the Press Release
CHARLESTON, W.Va. – A Kanawha County couple who distributed pain pills from stolen packages pleaded guilty today, announced United States Attorney Carol Casto. Amber Fox, 28, of East Bank, entered her guilty plea to mail theft. David Grove, Jr., 39, also of East Bank, pleaded guilty to conspiracy to distribute pain pills.
Fox was a federal postal support employee who worked in the Charleston Processing and Distribution Center. She used her job to steal pain pills by identifying packages that contained oxycodone and hydrocodone. Fox admitted that on March 17, 2015, she stole a package that contained 112 hydrocodone pills. After stealing the packages, Fox took the pills to the home that she shared with Grove in East Bank. Together, they took some of the pills themselves and sold the remaining pills. Fox admitted to stealing between 45 and 50 postal packages containing thousands of oxycodone and hydrocodone pills from August 2014 to April 9, 2015. On April 9, 2015, law enforcement executed search warrants at the East Bank residence and located over 500 stolen oxycodone and hydrocodone pills. Both Fox and Grove gave statements admitting their involvement in the mail theft and drug distribution conspiracy. Fox is no longer an employee with the United States Postal Service.
Fox and Grove are scheduled to be sentenced on December 12, 2017. Grove faces up to 20 years in federal prison. Fox faces up to five years in federal prison.
The United States Postal Service, Office of Inspector General, and the Metropolitan Drug Enforcement Network Team conducted the investigation. Assistant United States Attorney Erik S. Goes is in charge of the prosecution. The plea hearing was conducted before United States District Judge John T. Copenhaver, Jr.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Elkview man pleads guilty to federal methamphetamine crimeRead the Press Release
CHARLESTON, W.Va. – An Elkview man pleaded guilty today to a federal drug charge, announced United States Attorney Carol Casto. Randy George Vance, 59, entered his guilty plea to possession with intent to distribute 50 grams or more of methamphetamine.
On January 13, 2016, officers with the Metropolitan Drug Enforcement Network Team conducted a traffic stop of Vance as he was returning to West Virginia from Atlanta. During a search of Vance’s vehicle, officers recovered approximately 156 grams of methamphetamine. The methamphetamine was lab-tested and confirmed to be over 80% pure. Vance admitted that he got the drugs in Atlanta and that he intended to distribute the methamphetamine.
Vance faces at least 10 years and up to life in federal prison when he is sentenced on December 13, 2017.
The investigation was conducted by the Metropolitan Drug Enforcement Network Team. Assistant United States Attorney Gabriele Wohl is responsible for the prosecution. Chief United States District Judge Thomas E. Johnston is presiding over the case.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs, including methamphetamine. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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Huntington felon pleads guilty to federal gun crimeRead the Press Release
HUNTINGTON, W.Va. – A Huntington man pleaded guilty today a federal gun charge, announced United States Attorney Carol Casto. Jermaine D. Cathey, 36, entered his guilty plea to being a felon in possession of a firearm.
On January 2, 2017, officers from the Huntington Police Department observed Cathey walking and screaming in the middle of Veteran’s Memorial Boulevard in Huntington. When officers approached Cathey, they saw that he had a pistol in his right hand. Cathey was prohibited from possessing any firearm under federal law because of multiple felony convictions, including a 2013 conviction in Cabell County Circuit Court for being a felon in possession of a firearm.
Cathey faces up to 10 years in federal prison when he is sentenced on December 11, 2017.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Huntington Police Department conducted the investigation. Assistant United States Attorney Stephanie S. Taylor is responsible for the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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Huntington drug dealer pleads guilty to federal heroin chargeRead the Press Release
HUNTINGTON, W.Va. – A Huntington man who sold heroin in June 2016 pleaded guilty today to a federal drug crime, announced United States Attorney Carol Casto. George Holloway, 45, entered his guilty plea to distribution of heroin.
On June 7, 2016, a confidential informant working with the Huntington FBI Drug Task Force met Holloway at 833 26th Street in Huntington. The informant bought approximately 20.6 grams of heroin from Holloway. As part of the plea agreement, Holloway admitted to all the drug trafficking activity charged in the indictment, including that he distributed heroin in Huntington on four other occasions in 2015 and 2016.
Holloway faces up to 20 years in federal prison when he is sentenced on December 11, 2017.
The Huntington FBI Drug Task Force conducted the investigation. Assistant United States Attorney Stephanie S. Taylor is handling the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Charleston felon sentenced to federal prison for gun crimeRead the Press Release
CHARLESTON, W.Va. – A Charleston man was sentenced to federal prison today for a gun charge, announced United States Attorney Carol Casto. Jermain Santell Hill, 38, previously pleaded guilty to being a felon in possession of a firearm. In today’s hearing, he was sentenced to three years and a month in federal prison for that offense. He was also sentenced to an additional eight months in prison for violating his federal supervised release. The sentences will be served consecutively.
In the early morning hours of October 15, 2016, in Charleston, officers with the Charleston Police Department were conducting a traffic stop when they heard a nearby gunshot. As officers ran towards the sound of the gunshot, one of the officers observed Hill leaving the area. The officer pursued Hill to a location behind a residence on Main Street and saw Hill drop an object. After Hill was detained, officers checked that location and recovered a loaded Kel-Tec .380 caliber pistol. Hill was prohibited from possessing any firearm under federal law because of a 2015 conviction in the United States District Court for the Southern District of West Virginia for possession with intent to distribute crack.
The Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney Jennifer Rada Herrald is responsible for the prosecution. United States District Judge John T. Copenhaver, Jr., imposed the sentence.
This case was prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by working with existing local programs that target gun crime.
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Attorney General's Pilot Program brings new resources to fight opioid epidemicRead the Press Release
CHARLESTON, W.Va. – United States Attorney Carol Casto announced today that a new attorney position has opened in the United States Attorney’s Office for the Southern District of West Virginia. The opening is for a 3-year term as an Assistant United States Attorney (AUSA) assigned to the Violent Crime and Narcotics Section of the Criminal Division. This term position was created as part of the Attorney General’s pilot program to focus on opioid-related health care fraud and prosecute individuals that are contributing to the opioid epidemic.
The United States Attorney’s Office is a part of the Department of Justice, which enforces federal criminal and civil laws that protect life, liberty and the property of citizens. The United States Attorney’s Office currently has 62 employees, with the main office in Charleston and two staffed branch offices in Huntington and Beckley.
An appointment as an AUSA offers unique and challenging opportunities for highly-motivated attorneys to work on their own caseload and handle their own trials and appeals. Working in the Violent Crime and Narcotics Section of the Criminal Division, the AUSA will be part of a dedicated team helping to investigate and prosecute federal criminal cases and to prepare and argue appeals. Responsibilities will increase and assignments will become more complex as your training and experience progress. Occasional travel is required. Applicants must possess a J.D. degree and be an active member of the bar (any U.S. jurisdiction). In addition, applicants must possess superior oral and written communication skills as well as strong interpersonal skills, exhibit good judgment, and be able to function with minimal guidance in a highly demanding environment. The local rules of the district court require obtaining membership in the bar of West Virginia within one year of entry on duty. Veterans are encouraged to apply. Although there is no formal rating system for applying veterans’ preference to AUSA appointments, the Department of Justice considers veterans’ preference eligibility as a positive factor in attorney hiring. More information regarding the veterans’ preference may be found in the jobs announcement at https://my.usajobs.gov and on our website, https://www.justice.gov/usao-sdwv.
This is a temporary position not to exceed 3 years. The position will be based in the Charleston office, with a salary range from $60,210 - $141,275. Applications should be submitted online at https://my.usajobs.gov for job announcement number 17-WVS-10044349-AUSA (https://www.usajobs.gov/GetJob/PrintPreview/478848100). Applicants will have to create an account or log into an existing USAJOBS account. The deadline for submitting an application is 11:59 p.m. (EST), on September 15, 2017. Please contact Administrative Officer Robin Justice at (304) 345-2200 or Robin.Justice@usdoj.gov if you have any questions. For more information on the Department of Justice and the United States Attorney’s Offices, visit http://www.justice.gov/careers.
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Charleston woman sentenced to federal prison for drug crimeRead the Press Release
CHARLESTON, W.Va. – A Charleston woman was sentenced today to a year and a day in federal prison for a drug charge, announced United States Attorney Carol Casto. Terri Mitchell, 26, previously pleaded guilty to possession with the intent to distribute crack.
Mitchell admitted that in March 2015, law enforcement executed a search warrant at her Charleston residence and discovered approximately 80 grams of cocaine and over 60 grams of crack in her bedroom, along over $7,600 in cash. Mitchell further admitted that in May 2015, law enforcement executed another search warrant at her residence in Charleston. While searching Mitchell’s residence, officers found that Mitchell was in possession of approximately 2.7 grams of crack, which was concealed in the pockets of her pants.
The case against Mitchell was investigated by the Charleston Police Department’s Special Enforcement Unit. Assistant United States Attorney Timothy D. Boggess is responsible for the prosecution. Chief United States District Judge Thomas E. Johnston imposed the sentence.
This prosecution is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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California man sentenced to federal prison for methamphetamine chargeRead the Press Release
HUNTINGTON, W.Va. – A California man caught receiving a shipment of crystal methamphetamine in Huntington earlier this year was sentenced today to three years and a month in federal prison, announced United States Attorney Carol Casto. Christian Duran, 34, of San Jose, previously pleaded guilty to attempted possession with intent to distribute 50 grams or more of methamphetamine.
On January 13, 2017, members of the DEA Task Force conducted a controlled delivery of approximately 25 pounds of marijuana and 150 grams of crystal methamphetamine to Duran and Sean Bradsher at a residence on 4th Avenue in Huntington. The drugs were intercepted by agents the previous day after being sent from California to Huntington. When Duran and Bradsher took possession of the drugs, agents executed a search warrant at the residence and recovered the marijuana and methamphetamine, along with $13,842 in cash. Duran admitted that he intended to distribute the methamphetamine, and Bradsher admitted that he allowed Duran to use the residence to receive the methamphetamine from California. As part of the plea agreement, Duran admitted to all the drug trafficking activity charged in the indictment.
Bradsher previously pleaded guilty to aiding and abetting the attempted possession with intent to distribute 50 grams or more of methamphetamine. He is scheduled to be sentenced on October 30, 2017.
The investigation was conducted jointly by the DEA Task Force, the West Virginia State Police, and the Putnam County Sheriff’s Department. Assistant United States Attorney Joseph F. Adams handled the prosecution. United States District Judge Robert C. Chambers imposed the sentence.
This case is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs, including methamphetamine. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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Bluefield pain pill dealer sentenced to federal prison for hydromorphone crimeRead the Press Release
BLUEFIELD, W.Va. – A Bluefield drug dealer was sentenced today to two years in federal prison for selling pain pills, announced United States Attorney Carol Casto. Timothy Jordan, 48, previously pleaded guilty to distribution of hydromorphone.
Jordan admitted that on December 2, 2015, he distributed hydromorphone in Bluefield to an individual cooperating with law enforcement authorities.
The Southern Regional Drug and Violent Crime Task Force conducted the investigation. Assistant United States Attorney John File is in charge of the prosecution. Senior United States District Judge David A. Faber imposed the sentence.
This case was brought under the Bluefield Pill Initiative, part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Guatemalan national pleads guilty to immigration crimeRead the Press Release
CHARLESTON, W.Va. – A Guatemalan national pleaded guilty today to an immigration crime, announced United States Attorney Carol Casto. Juan Us-Sajbin, 36, entered his guilty plea to illegally reentering the United States.
Us-Sajbin admitted that he was not lawfully present in the United States when he was encountered by Department of Homeland Security agents on May 19, 2017. He was identified when agents were looking for another individual residing near Kanawha State Forest. Agents conducted surveillance, confirmed the identity of Us-Sajbin, and then placed him under arrest. Us-Sajbin had not formally applied for permission to legally reenter the United States and was not otherwise in the United States by any legal process. He was previously removed in 2013 after being convicted of misdemeanor assault in Mahoning County, Ohio.
Us-Sajbin faces up to two years in federal prison when he is sentenced on October 17, 2017. He is also subject to deportation proceedings at the conclusion of the criminal case.
The Department of Homeland Security conducted the investigation. Assistant United States Attorney Erik S. Goes is in charge of the prosecution. The plea hearing was held before United States District Judge John T. Copenhaver, Jr.
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Parkersburg felon sentenced to 10 years in federal prison for possession of a firearm used in drug-related shootingRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man was sentenced today to 10 years in federal prison for a gun crime, announced United States Attorney Carol Casto. Tyrese Antonio McMillon, 32, previously pleaded guilty to a single-count indictment charging him with being a felon in possession of a firearm.
McMillon admitted that he possessed a Lorcin .380 pistol that was used in a shooting in a 19th Street apartment in Parkersburg on May 27, 2016. McMillon was prohibited from possessing any firearm under federal law because of a 2006 felony conviction in Cabell County Circuit Court for possession with intent to deliver a controlled substance. At the sentencing hearing, the Court found that McMillon shot a heroin dealer from Pittsburgh in the head and robbed him of heroin and a firearm. The Court further found that Parkersburg Police located the stolen heroin and firearm in a hotel room, and that McMillon possessed the key to the hotel room along with some of the heroin when he was arrested during the traffic stop of a taxi in which he was riding. Analysis by the West Virginia State Police Forensic Laboratory confirmed that the Lorcin .380 was the weapon used to shoot the heroin dealer and that gunshot residue was found on McMillon’s clothing.
The Parkersburg Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney Joshua C. Hanks is in charge of the prosecution. United States District Judge Joseph R. Goodwin imposed the sentence.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
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Charleston felon sentenced to over eight years in federal prison for gun crimeRead the Press Release
CHARLESTON, W.Va. – A Charleston man was sentenced today to eight years and four months in federal prison for a gun crime, announced United States Attorney Carol Casto. Randy Allen Taylor, 34, previously pleaded guilty to a single-count indictment charging him with being a felon in possession of a firearm.
On September 4, 2016, Taylor consented to a search by the Charleston Police Department of a hotel room at the Courtyard Marriott in Charleston. During the search, officers recovered a Kel-Tec, Model PF-9, 9mm pistol and approximately 3.7 ounces of methamphetamine. Following the search of the hotel room, Taylor consented to a search of his 2005 Lincoln Aviator. Inside the vehicle, officers recovered a stolen Cobra, Model CA-380, .380 caliber handgun.
Taylor was prohibited from possessing any firearm under federal law because of a 2011 felony conviction in the United States District Court for the Southern District of West Virginia for possession with intent to distribute oxycodone.
The Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney Matt Davis handled the prosecution. United States District Judge John T. Copenhaver, Jr., imposed the sentence.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
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Two defendants sentenced to federal prison for drug crimesRead the Press Release
HUNTINGTON, W.Va. – Two defendants were sentenced to prison today for federal drug crimes, announced United States Attorney Carol Casto. Malik Muhammad Abdull Williams, 24, of Michigan, was sentenced to four years and nine months in federal prison after previously pleading guilty to possession with intent to distribute heroin and crack. In a separate prosecution, Jessica Ann Barnett, 29, of South Point, Ohio, was sentenced to six months in federal prison after previously pleading guilty to conspiracy to distribute heroin.
On May 2, 2016, members of the Huntington FBI Drug Task Force were conducting surveillance at the Greyhound Bus Station in Ashland, Kentucky, after receiving information that Williams would be arriving on a bus in possession of drugs. Agents observed Williams exit a bus and enter a vehicle that traveled to Huntington. Agents conducted a traffic stop of the vehicle at 1st Street and 4th Avenue in Huntington and discovered Williams in possession of approximately 31 grams of heroin and 41 grams of crack concealed in his pants. Williams admitted that he intended to sell the drugs in Huntington.
In a separate prosecution, between November 2014 and June 8, 2016, Barnett participated with multiple individuals in a conspiracy to distribute heroin in the Huntington area. At various times during the conspiracy, Barnett was provided with cash that constituted proceeds from heroin sales. Barnett would then wire the money to a third party in Michigan via money transfer companies such as Western Union and MoneyGram. Barnett transferred proceeds from heroin distributions on at least 27 occasions totaling approximately $26,410. On multiple occasions, Barnett also sold small amounts of heroin.
The Huntington FBI Drug Task Force conducted the investigations. Assistant United States Attorney Joseph F. Adams handled these prosecutions. Chief United States District Judge Robert C. Chambers imposed the sentences.
These cases were brought as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Detroit drug dealer sentenced to five years in federal prison for pushing pain pillsRead the Press Release
CHARLESTON, W.Va. – A Detroit man was sentenced today to five years in federal prison for dealing pain pills, announced United States Attorney Carol Casto. Deangelo Cann, 26, originally from Detroit, previously pleaded guilty to distribution of oxymorphone.
Cann admitted that on February 3, 2015, he sold oxymorphone pills to a confidential informant working with law enforcement. The drug deal took place in the parking lot of the Embassy Suites Hotel in Charleston. As part of his plea agreement, Cann further admitted to all the drug trafficking activity charged in the indictment.
The Metropolitan Drug Enforcement Network Team conducted the investigation. Assistant United States Attorney John J. Frail is responsible for the prosecution. United States District Judge Thomas E. Johnston imposed the sentence.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Mexican national pleads guilty to immigration crimeRead the Press Release
CHARLESTON, W.Va. – A Mexican national pleaded guilty today to an immigration crime, announced United States Attorney Carol Casto. Hermino Camacho-Diaz, 41, entered his guilty plea to illegally reentering the United States.
Camacho-Diaz admitted that he was not lawfully present in the United States when he was encountered by Department of Homeland Security agents on June 8, 2017. Camacho-Diaz was living in Nitro when Homeland Security Agents received a tip that he was present in the country unlawfully. Agents conducted surveillance, confirmed his identity, and placed him under arrest. Camacho-Diaz had previously been removed from the United States on three different occasions in 2010. On all three occasions, he was returned to his home country of Mexico. Camacho-Diaz then illegally reentered the United States. Camacho-Diaz had not formally applied for permission to legally reenter the United States, and was not otherwise in the United States by any legal process.
Camacho-Diaz faces up to two years in federal prison when he is sentenced on September 27, 2017. He is also subject to deportation proceedings at the conclusion of the criminal case.
The Department of Homeland Security conducted the investigation. Assistant United States Attorney Erik S. Goes is in charge of the prosecution. The plea hearing was held before United States District Judge Thomas E. Johnston.
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Logan man sentenced to nine years in federal prison for gun chargeRead the Press Release
CHARLESTON, W.Va. – A Logan man was sentenced today to nine years in federal prison for a gun crime, announced United States Attorney Carol Casto. Bryan Keith Lewis, 25, previously pleaded guilty to possession of a firearm after being convicted of a misdemeanor crime of domestic violence.
Lewis admitted that on November 9, 2015, while carrying a Smith & Wesson, Bodyguard, .380 caliber pistol, he entered a residence in Logan by kicking the door open and motioned for a victim in the residence to give over any money. The victim resisted and a struggle began. During the struggle, Lewis admitted that he shot the victim several times. Despite the gunshot wounds, the victim stabbed Lewis multiple times with a box cutter. Lewis fled the house and dropped the gun on the way out. The victim crawled to pick up the firearm and when Lewis returned to the house to retrieve the gun, the victim shot Lewis.
Lewis was prohibited from possessing any firearm under federal law because of a 2014 conviction in Logan County Magistrate Court for domestic assault.
The Logan Police Department, the Logan County Sheriff’s Office, the U.S. Route 119 Drug Task Force, the West Virginia State Police, and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney Monica D. Coleman is in charge of the prosecution. United States District Judge Joseph R. Goodwin imposed the sentence.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
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Beckley area physician sentenced to 20 years in federal prison for oxycodone crimeRead the Press Release
BECKLEY, W.Va. – A Beckley area physician was sentenced today to 20 years in federal prison and ordered to pay a fine of $50,000 for a drug crime, announced United States Attorney Carol Casto. Dr. Michael Kostenko, D.O., 61, of Daniels, previously pleaded guilty to distribution of oxycodone not for legitimate medical purposes and beyond the bounds of medical practice. Kostenko entered his guilty plea in April after a day-and-a-half of jury trial in federal court in Beckley on a 22-count indictment. The trial ended with Kostenko’s guilty plea, and the crime he pleaded to is contained in Count Seven of the Superseding Indictment.
Kostenko admitted that he owned and operated the Coal Country Clinic, a medical practice located in his Raleigh County residence. Kostenko also admitted that on December 9, 2013, he distributed oxycodone, a powerful pain medication, not for legitimate medical purposes. Specifically, Kostenko admitted that on that day, approximately 271 patients arrived at Kostenko’s residence seeking oxycodone prescriptions. Kostenko additionally admitted that his staff collected over $20,000 cash from the patients that he later deposited in a local bank in amounts of less than $10,000. Kostenko further admitted that on that day he wrote over 370 oxycodone prescriptions totaling 22,255 pain pills. Moreover, Kostenko admitted that he wrote these prescriptions from his upstairs bedroom, without seeing any of the patients, and that his staff handed out the prescriptions. Finally, Kostenko admitted that by writing the oxycodone prescriptions, he acted beyond the bounds of professional medical practice.
“This case should send a clear message to drug dealers that we will pursue them regardless of their education and status in the community. As a physician, Dr. Kostenko held a position of trust in the community. Instead of honoring his oath to do no harm, he contributed to the greatest public health crisis of our generation – opioid abuse. Sixteen patients died from overdoses on his watch, but clearly not under his care,” said United States Attorney Carol Casto. “Drug dealers should be aware that we are committed to using every tool in our arsenal to battle the opioid crisis, and the prosecution of health care providers who contribute to the problem will no longer be the exception, but the norm.”
“The West Virginia Department of Health and Human Resources (DHHR) is pleased with the success of the United States Attorney’s Office in holding Michael Kostenko responsible for his actions,” said DHHR Secretary Bill J. Crouch. “Employees of the Office of Health Facility Licensure and Certification worked diligently to close the illegal pain clinic operated by Kostenko, and today’s result brings those efforts full circle.”
The investigation of Kostenko and his Coal Country Clinic was led by the West Virginia State Police, the Federal Bureau of Investigation, the Drug Enforcement Administration, the Office of Inspector General, United States Department of Health and Human Services, and West Virginia DHHR’s Office of Health Facility Licensure and Certification. United States District Judge Irene C. Berger imposed the sentence.
This case was brought as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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