Month: November 2022

Source: United States Department of Justice News

ATHENS, Ga. – An Athens resident with a violent criminal history who shot at two people attempting to repossess a vehicle and then led police on a high-speed chase was sentenced to the maximum prison term allowed under federal guidelines for illegally possessing a firearm.

Ceddrick Demon Mercery aka Stunt, 30, of Athens, Georgia, was sentenced to serve 120 months in prison by U.S. District Judge C. Ashley Royal on Nov. 9 after he previously pleaded guilty to possession of a firearm by a convicted felon. There is no parole in the federal system.

“Prosecuting repeat offenders who are responsible for the greatest gun violence in our communities is our office’s highest priority,” said U.S. Attorney Peter D. Leary. “Working with our law enforcement partners, we will continue to hold convicted felons with violent pasts accountable at the federal level when they possess, or especially use, a firearm.”

“Career criminals who carry guns are a threat to the safety of our neighborhoods,” said Keri Farley, Special Agent in Charge of FBI Atlanta. “This case is another example of how the FBI and our law enforcement partners in the Project Safe Neighborhoods program are dedicated to keeping the sanctity and security of our communities a priority.”

“Ceddrick Mercery is a career violent offender who is now removed from the streets of Athens and our community is safer for it,” said Chief Jerry Saulters, Athens-Clarke County Police Department. “I want to thank the U.S. Attorney’s Office and FBI for their assistance in this case. It is important that we continue to work with our state and federal partners to make Athens safe.”

According to court documents, two individuals seeking to lawfully repossess a Honda Accord located on Loblolly Road in Athens on Sept. 23, 2020, were nearly struck by the same vehicle as Mercery sped away from them driving the car. Mercery then drove toward Freeman Drive, made a wide right turn, stopped, rolled down the window and fired three shots at the individuals, who took cover from the gunshots and were not struck. An Athens-Clarke County Police Department (ACCPD) officer spotted the Honda Accord being driven by Mercery on Commerce Road and attempted to pull him over. Mercery fled at a high rate of speed through a residential complex and then abandoned the car, running away. Officers found heroin and methamphetamine in the vehicle. The following day, a loaded .40 caliber pistol was found discarded in front of an apartment building on College Avenue, which was along the route that Mercery had driven while fleeing apprehension. Ballistics tests confirmed this gun had been used in the shooting

FBI and ACCPD tracked Mercery to an apartment complex on Berlin Street and took him into custody on Oct. 26. Prior to his arrest, Mercery was armed with a pistol and was pacing inside the apartment, voicing displeasure that the police were outside the apartment. Mercery was taken into custody without incident. Agents found a loaded Glock .40 caliber pistol with an extended magazine and a laser sight inside the apartment. Mercery’s cell phone was also located inside the apartment; it had been broken and placed in a toilet. Mercery has a lengthy criminal history which prohibits him from possessing a firearm, including prior felony convictions for hit and run, possession of cocaine and aggravated stalking.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities and measuring the results.

The case was investigated by the FBI Athens Middle Georgia Safe Streets Gang Task Force, Northeast Georgia Regional Drug Task Force and the Athens-Clarke County Police Department Gang Unit.

Assistant U.S. Attorney Mike Morrison prosecuted the case.

Source: United States Department of Justice News

CHARLESTON, W.Va. – Calvin Moore, 33, of Silver City, North Carolina, was sentenced to five years and three months in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.

According to court documents and statements made in court, on October 14, 2021, law enforcement officers visited a Sixth Street residence in Charleston looking for Moore, who attempted to flee the residence by jumping out of a window. After a brief struggle, officers detained Moore and found a loaded Bryco Arms Jennings .22LR firearm with a chambered round in Moore’s front pants pocket. The firearm was later determined to have been stolen.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Moore knew he was prohibited from possessing a firearm because of his prior felony conviction for robbery with a dangerous weapon in Chatham County, North Carolina, Superior Court on December 12, 2012.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Monica D. Coleman prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:21-cr-217.

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Source: United States Department of Justice News

CHARLESTON, W.Va. – Randall Jim Hughes, 38, of Alkol, was sentenced today to four years and nine months in prison, to be followed by three years of supervised release, for possession with intent to distribute a quantity of a mixture or substance containing fentanyl.

According to court documents and statements made in court, on June 15, 2021, law enforcement officers arrested Hughes on an outstanding warrant. During the arrest, two baggies containing approximately 23 grams of fentanyl fell from Hughes’ person. Hughes admitted that he possessed the fentanyl and intended to distribute it. Hughes further admitted that officers seized two loaded firearms from him during the arrest.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Kanawha County Sheriff’s Office, the Metropolitan Drug Enforcement Network Team (MDENT) and the United States Marshals Service.

United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Negar M. Kordestani and former United States Attorney Nick Miller prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:21-cr-205.

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Source: United States Department of Justice News

           Montgomery, Alabama – Today, Nathan Alan Westbrook, a 44-year-old resident of Daleville, Alabama, received a 130-month prison sentence for possession of child pornography, announced United States Attorney Sandra J. Stewart.

            According to court records, in 2015, Westbrook was convicted in federal court for possessing child pornography. At that time, he received a 33-month prison sentence. Westbrook completed that sentence in September of 2017 and was under the supervision of the United States Probation Office. In December 2021, after deception was detected during a polygraph examination, Westbrook’s probation officer began to suspect that Westbrook had been viewing child pornography. Westbrook’s internet-accessible devices were then seized from his Daleville residence pursuant to the terms of his supervised release. Analysis of the devices confirmed that Westbrook had collected images and videos of children who were engaging in sexually explicit conduct.

           The probation officer then filed a petition to revoke Westbrook’s supervised release. Westbrook was arrested shortly thereafter. In June of 2022, based on the probation officer’s findings, a federal grand jury indicted Westbrook for possession of child pornography. Westbrook pleaded guilty to the new charge on August 16, 2022. In his plea agreement, Westbrook specifically admitted to using the dark web to view child pornography and that “some images were of prepubescent minors who had not yet attained 12 years of age.” Images were provided to the National Center for Missing and Exploited Children (NCMEC) to identify victims.

           The judge sentenced Westbrook to 120 months on the new charge and ordered this sentence to run consecutively to the 10-month sentence he received for violating the terms of his supervised release. Following his prison sentence, Westbrook will be on supervised release for the remainder of his life. There is no parole in the federal system. The judge also ordered that Westbrook pay $60,000.00 to identifiable victims that have requested restitution payments.

           This case was investigated by the Middle District of Alabama’s United States Probation Office, with assistance from the FBI and NCMEC. Assistant United States Attorney MaryLou E. Bowdre prosecuted the case.

Source: United States Department of Justice News

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Kenneth Fox, D.O., has agreed to pay $489,025 to resolve allegations that he violated the Controlled Substances Act (CSA) by failing to maintain complete and accurate records of controlled substances, failing to keep required receipt and dispensing records, failing to perform biennial inventories, and writing prescriptions “for stock.”

The United States’ investigation involved Fox’s practice located at 1310 Frosty Hollow Road, Levittown, PA 19056.

As part of the settlement, Fox has entered into a three-year Memorandum of Agreement (MOA) with the Drug Enforcement Administration (DEA), which includes additional responsibilities regarding the handling of controlled substances. The MOA imposes compliance obligations significantly more stringent than those in the applicable laws and regulations.

Fox prescribes and administers phentermine, a Schedule IV controlled substance, and suboxone, a Schedule III controlled substance.  In February 2013, DEA Investigators discovered that Fox allegedly failed to conduct a biennial inventory, failed to maintain records for receipt and dispensing of controlled substances, and failed to keep controlled substances secure – all in violation of applicable regulations and statutes.  In April 2013, the DEA issued a Letter of Admonition to Fox, who agreed to correct his conduct thenceforth.

Nine years later, the DEA performed another scheduled on-site inspection of Fox’s facility. During this inspection, Investigators discovered that Fox continued the same violations as before, and in addition, was prescribing controlled substances “for stock” in violation of the applicable regulations. On the date of inspection, Fox allegedly produced non-compliant and incomplete dispensing records, and no records of biennial inventory, or invoices/receipts for controlled substances. The Investigators obtained records of Fox’s prescriptions “for stock” from a local retail pharmacy.  Physicians are prohibited from obtaining controlled substances for the purpose of general dispensing to patients; they must comply with the requirements for a valid prescription, including the date, patient’s name and address, drug name and strength, dosage form, quantity prescribed, directions for use, and the physician/registrant’s name, address, and registration number.  The prescription requirement is one of the ways in which controlled substances are tracked to prevent diversion and abuse.

“Physicians who fail to maintain proper records of controlled substances create conditions ripe for diversion, or, at worst, may be engaging in diversion itself,” said U.S. Attorney Romero. “Physicians and pharmacists have a responsibility to ensure that all controlled substances are tracked through the distribution chain.  Our Office is committed to ensuring total compliance with the Controlled Substances Act and we will vigorously enforce violations wherever we find them.”

Congress enacted the CSA to deter the illegal importation, manufacture, distribution, possession, and improper use of controlled substances, including prescription medications, and requires individuals and entities registered with the DEA to maintain complete and accurate records of all controlled substances and security systems so that controlled substances are not lost, stolen, or inappropriately dispensed.

“The goal of DEA’s closed system of distribution is to insure accountability for controlled substances; it insures that end-users directly receive controlled substances from where they were dispensed,” said Thomas Hodnett, Special Agent in Charge of the DEA’s Philadelphia Field Division. “In ordering controlled substances “for stock” at his office, Dr. Fox made himself a middle-man in this same closed system and created an environment where controlled substances are not properly inventoried or secured.” 

The government’s pursuit of this matter illustrates its emphasis on combating diversion of controlled substances.  The record keeping and other regulations applicable to DEA registrants, including physicians, are the tools by which the DEA deters drug diversion. 

The investigation was conducted by the DEA’s Philadelphia Field Division, Diversion Groups D71 and D72, and the investigation and settlement were handled by Assistant U.S. Attorney Viveca D. Parker, with assistance from Asset Investigator Shantelle Kitchen-Nelson.   

The claims resolved by this settlement are allegations only and there has been no determination of liability.