Southern District of Alabama
Press releases recorded for this federal judicial district.
Dr. John Patrick Couch Sentenced to 240 MonthsRead the Press Release
Acting United States Attorney Steve Butler of the Southern District of Alabama, announces that Dr. John Patrick Couch has been sentenced to 240 months in federal prison for running a massive pill mill in Mobile, Alabama.
During the sentencing hearing today, Senior Judge Callie V.S. Granade found that Dr. Couch was responsible for illegally prescribing opioids, which when converted to their marijuana equivalency, exceeded 90,000 kilograms of marijuana. In addition, she found that Dr. Couch perjured himself, and that he utilized special skills to carry out his crimes. Thereafter, several family members of deceased Dr. Couch patients spoke to the Court, as did several patients on behalf of the doctor. Ultimately, Judge Granade sentenced Dr. Couch to 240 months in federal prison, and ordered him to pay restitution in the following amounts: $6,282,023.00 to Medicare, $3,649,092.97 to Blue Cross/Blue Shield of Alabama, $2,285,170.70 to Tricare, and $1,695,929.00 to United Heath Group.
Prior to the execution of multiple search warrants by the FBI and DEA on May 20, 2015, Dr. Ruan and Dr. Couch jointly owned and operated two pain management clinics under the name Physicians Pain Specialists of Alabama (“PPSA”) as well as C&R Pharmacy. Following an extensive joint investigation by both FBI-Mobile and DEA-Mobile, both doctors were charged with a litany of federal felony offenses, including RICO conspiracy, conspiracy to violate the Controlled Substances Act, substantive drug distribution offenses, conspiracies to commit wire fraud, mail fraud, healthcare fraud, and to violate the Anti-Kickback Statute, as well as money laundering. All charges stemmed from the defendants’ operation of PPSA and C&R Pharmacy.
During the seven-week trial, which lasted from early January to late February, the United States presented evidence that Dr. Ruan and Dr. Couch utilized PPSA and C&R Pharmacy as a criminal enterprise to violate the Controlled Substances Act and to commit mail and wire fraud, in violation of the RICO Act. Specifically, the jury saw evidence that the defendants knowingly andwillfully prescribed Schedule II and III Controlled Substances, including fentanyl, outside the usual course of professional practice and not for a legitimate medical purpose. The United States argued the defendants’ motive for this illegal prescribing was their own financial self-interest. The United States also argued that the defendants’ billing practices were systematically designed to unlawfully enrich the doctors.
Of particular importance in the trial were two brand name instant-release fentanyl drugs — Subsys and Abstral. Both Subsys and Abstral are only FDA-indicated for breakthrough cancer pain in opioid-tolerant adult patients. However, evidence showed that Dr. Ruan and Dr. Couch almost exclusively prescribed these drugs off-label for neck, back, and joint pain. The jury found that Dr. Ruan and Dr. Couch received illegal kickbacks from Insys Therapeutics, the manufacturer of Subsys, in exchange for the defendants prescribing massive quantities of this drug. Dr. Ruan and Dr. Couch were both among the top prescribers of Subsys in the entire United States. Evidence showed that Dr. Ruan began donating his Insys kickback payments the day after he received a copy of a criminal complaint from the Eastern District of Michigan against Dr. Gavin Awerbuch, another prolific Subsys prescriber who had been charged with receiving kickbacks from Insys. The United States argued that Dr. Ruan’s decision to donate his Insys money was done in an attempt to distance himself from the company.
With regard to Abstral, evidence showed that Dr. Ruan and Dr. Couch purchased approximately $1.6 million worth of stock in Galena Biopharma, the manufacturer of Abstral, and sought to manipulate the stock price by driving up Abstral sales. From the third quarter of 2013 through the 2014, Dr. Ruan and Dr. Couch were the number one and two prescribers of Abstral in the entire United States. During this same time period, nearly one out of every three Abstral prescriptions written in the U.S. were written by either Dr. Ruan or Dr. Couch.
As part of their criminal enterprise, Dr. Ruan and Dr. Couch owned C&R Pharmacy, which was co-located with one of the PPSA clinic locations. C&R Pharmacy would only fill prescriptions written by the doctors at PPSA, and Dr. Ruan and Dr. Couch split 75% of the profits that came in from the prescription drug reimbursements. Approximately 91% of the Subsys and Abstral prescriptions written by the defendants — which cost patients’ insurance anywhere between $1,000.00 to $24,000.00 per month — were filled at C&R Pharmacy.
In addition to C&R Pharmacy, the defendants also had a worker’s compensation dispensary, from which they directly dispensed Controlled Substances. The jury heard evidence that Dr. Ruan and Dr. Couch received guaranteed monthly kickbacks from a dispensary management company — Industrial Pharmaceuticals Management (“IPM”) and later Comprehensive Rx (“CRX”)—in exchange for the defendants dispensing certain drugs with high reimbursement rates. These monthly guaranteed amounts reached $80,000.00 per month for Dr. Ruan and $20,000.00 per month for Dr. Couch. The millions paid in kickbacks to the defendants associated with the worker’s compensation dispensary went into private bank accounts set up by the defendants.
While there were some patients who received legitimate medical care at PPSA, the jury heard evidence that many patients rarely saw either of the doctors, and that the nurse practitioners who treated Dr. Couch’s patients were abusing drugs at the work place and then seeing patients. In addition, the jury heard evidence that Dr. Couch knowingly permitted one of his nurse practitioners, Justin Palmer, to forge Dr. Couch’s name on prescriptions for Controlled Substances. Palmer testified that he forged Dr. Couch’s name approximately 25,000 times while working at PPSA.
After seven-weeks of trial, 81 witnesses, and three days of deliberation, the jury reached the following verdicts: Both doctors were convicted of (1) RICO conspiracy; (2) Conspiracy to prescribe Schedule II and III Controlled Substances outside the usual course of professional practice; (3) Conspiracy to prescribe more than 40 grams of fentanyl outside the usual course of professional practice; (4) Conspiracy to commit healthcare fraud; (5) Conspiracy to commit mail and wire fraud; (6) Conspiracy to receive illegal kickbacks from IPM/CRX related to the workers compensation dispensary; and (7) Conspiracy to receive illegal kickbacks from Insys Therapeutics in exchange for prescribing Subsys. In addition, Dr. Ruan was convicted of both conspiracy and substantive money laundering counts. Each doctor was also convicted of several substantive illegal drug distribution counts related to prescriptions written to particular patients. Dr. Ruan was acquitted of one substantive charge related to prescriptions written for a patient.
Following their convictions, the defendants agreed to forfeit to the United States several houses, beach condos, and bank accounts, as well as 23 luxury cars, including multiple Bentleys, Lamborghinis, Mercedes, and Ferraris. In addition to the forfeited property, each doctors agreed to an additional $5,000,000.00 money judgment. The United States is currently in the process of preparing to sell at auction the forfeited vehicles and property.
Prior to trial, Justin Palmer and Bridgette Parker, both nurse practitioners for Dr. Couch, pled guilty to conspiring to prescribe Controlled Substances outside the usual course of professional practice and not for a legitimate medical purpose. They have already been sentenced to federal prison for 30 months and 20 months, respectively. Christopher Manfuso, who worked for IPM and later owned CRX, pled guilty to conspiring to pay illegal kickbacks to the doctors. He has been sentenced to 6 months home confinement and a $50,000.00 fine. Finally, Insys Therapeutics drug rep Natalie Perhacs pled guilty to conspiring to pay illegal kickbacks associated with the prescribing of Subsys. Perhacs currently awaits sentencing. All four testified against the doctors at trial.
Acting United States Attorney Steve Butler said, “Any medical professional who chooses to place profit over patient care should heed the 20-year prison sentence Dr. Couch received this afternoon. We commend the victims’ family members who spoke so eloquently today about how Dr. Couch’s criminal conduct impacted, and continues to impact, their lives on a daily basis. Furthermore, thank you to our law enforcement partners at the FBI and DEA for their persistence in seeing that justice was done in this important case of national interest.”
“The DEA is committed to investigating and bringing to justice those who divert and traffic prescription drugs,” said Special Agent in Charge Stephen G. Azzam of the Drug Enforcement Administration’s New Orleans Field Office. “Opiate abuse is a major problem in Alabama and throughout the nation. The diversion of prescription pain killers contributes to the widespread abuse of opiates and is a gateway to heroin addiction, which is devastating our local communities. This investigation demonstrates the strength of collaborative law enforcement efforts in Alabama and our strong partnership with the U.S. Attorney’s Office to aggressively pursue anyone who illicitly distributes these drugs. The lengthy sentence received by Dr. Couch appropriately reflects the devastation he caused. This sentence will protect the community from these convicted felons and hopefully deter other medical practitioners who are inclined to put profit over patient health and safety,” said Azzam.
FBI-Mobile Special Agent in Charge Robert Lasky stated, “The FBI is committed to the relationships with the law enforcement community that make these types of investigations possible. We will continue to target illegal activity in the medical profession as was apparent in this case.
This matter was jointly investigated by the DEA-Mobile and FBI-Mobile, and was prosecuted by Assistant U.S. Attorneys Christopher Bodnar and Deborah Griffin.
Co-defendant Dr. Xiulu Ruan will be sentenced on May 26, 2017.
Five-Time Convicted Felon Sentenced to Prison for Possession of FirearmsRead the Press Release
Acting United States Attorney Steve Butler of the Southern District of Alabama announced that Jhordis Deshon Woods, 34, of Mobile, was sentenced today to 92 months in prison for being a felon in possession of two firearms. United States District Judge Kristi K. DuBose also sentenced Woods to five years of supervised release following his prison sentence.
In December of 2016, Woods pled guilty to possession of two firearms after having been convicted of several felonies. Woods had previously been convicted of two counts of Robbery 1st, Theft of Property 1st, Possession of Marijuana 1st, and Possession/Receipt of a Controlled Substance, in addition to numerous misdemeanor offenses. The charge arose from an investigation by the Mobile Police Department Narcotics and Vice Unit, which arranged four controlled buys of marijuana from Woods in May of 2016. A search warrant was obtained for Woods’s apartment, where police recovered two semiautomatic pistols, marijuana, and cash.
The case was investigated by the Mobile Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Sean P. Costello prosecuted the case for the United States.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Alabama at http://www.justice.gov/usao/als/
Court Sentences Convicted Felon to 70 Months for the Illegal Possession of a WeaponRead the Press Release
Acting United States Attorney Steve Butler of the Southern District of Alabama announces that United States District Court Chief Judge Kristi K. DuBose sentenced Thomas Jefferson Laffitte on May 19, 2017 to serve a term of imprisonment of 70 months followed by 3 years of supervised release for illegally possessing a firearm in Mobile, Alabama on July 23, 2016 in violation of 18 USC § 922(g)(1). The defendant, who had an extensive criminal history entered a guilty plea before the Court on February 15, 2017.
This case was investigated by the United States Marshals Service-Gulf Coast Regional Fugitive Task Force, and the Mobile County Sheriff’s Office. The case was prosecuted by Assistant United States Attorney Lawrence J. Bullard for the United States Attorney’s Office for the Southern District of Alabama.
Convicted Felon Sentenced to Prison for Possession of Stolen GunsRead the Press Release
Acting United States Attorney Steve Butler of the Southern District of Alabama
announced that George Edward Wilkinson, Jr., 25, of Bayou La Batre, was sentenced today to 30
months in prison for being a felon in possession of stolen firearms. Senior United States District
Judge Callie V.S. Granade also sentenced Wilkinson to three years of supervised release
following his prison sentence, and ordered that he pay a $100 special assessment.In February, Wilkinson pled guilty to possession of two stolen firearms after having been
convicted of the felony offense of burglary. In October of 2016, the Mobile County Sheriff’s
Office responded to a report of a stolen car. A responding deputy stopped Wilkinson, who was
running away from the scene and matched the description of one of the subjects. In his hand was
a semiautomatic pistol, which was later determined to be stolen. Wilkinson also had several debit
cards belonging to the person from whom the gun had been stolen. Further investigation by the
Sheriff’s Department led to a nearby motel room, where a second stolen pistol was recovered.
Wilkinson confessed to stealing both pistols.The case was investigated by the Mobile County Sheriff’s Office and the Federal Bureau
of Investigation. Assistant United States Attorney Sean P. Costello prosecuted the case for the
United States.A copy of this press release may be found on the website of the United States Attorney’s
Office for the Southern District of Alabama at http://www.justice.gov/usao/als/Individual Indicted for Communicating False Distress to the Coast GuardRead the Press Release
Acting United States Attorney Steve Butler of the Southern District of Alabama announced that George Ferrell was indicted for communicating a false distress to the Coast Guard. The indictment is related to conduct that occurred in March of this year causing the Coast Guard to initiate a search.
The Coast Guard takes reports of maritime distress very seriously, and will launch small boats, cutters, helicopters, and fixed-wing aircraft at a moment’s notice when any person is in harm’s way. However, when they receive reports that are deliberate hoaxes or jokes, watch standers find it anything but funny.
Capt. Joseph Snowden, commander of Sector Mobile, says that throughout the United States the Coast Guard receives false reports every day. “The Coast Guard responds to all reports of distress with urgency,” said Snowden. “A hoax report takes time away from both Command Center search and rescue planners, as well as the crews of the cutters, boats, and aircraft that respond. It’s unfortunate that some citizens find wasted time and money funny.”
There are hefty penalties that can befall a person who is found guilty of making a false distress call, including up to six years in prison, $250,000 criminal fine, and a $5,000 civil fine. This is all in addition to reimbursements that must be made to the Coast Guard for costs of their Search-and-Rescue response.
Acting United States Attorney Steve Butler takes these cases very seriously and will assist the United States Coast Guard in vigorously prosecuting all individuals who waste the time and assets of the Coast Guard with false distress reports. The main concern is that these cases take Coast Guard personnel and assets away from actual search and rescue missions.
Special Agent Juan Joy, a Coast Guard Investigative Service (CGIS) agent out of Mobile, Alabama, stated, “CGIS is committed to protecting the service men and women who are put in danger from these hoax reports, as well as protecting the tax payer’s money used by the USCG to save people’s lives and their property.”
Hoax distress calls are not just a matter of wasted time and money. The Coast Guard prides itself on effective and safe operations in dangerous situations; however, hoax calls put these men and women in unnecessary risk during responses. In addition, those truly in peril may find themselves waiting for rescue, as the search and rescue crews are responding to a report that proves to be a hoax.
An indictment is a determination by a grand jury that there is probable cause to believe that offenses have been committed by a defendant. A defendant, of course, is presumed innocent until and unless he or she is proven guilty at trial.
Christopher Marquis Etheridge and Raymon Rashaun Black Sentenced Following Guilty Pleas to a Federal Drug Conspiracy ChargeRead the Press Release
Acting United States Attorney Steve Butler of the Southern District of Alabama announces today that Christopher Marquis Ethridge was sentenced to 130 months imprisonment and Raymon Rashaun Black was sentenced to 23 months imprisonment. Both sentences followed entry of guilty pleas in January 2017 to a charge of conspiracy to possess with intent to distribute cocaine.
Ethridge and Black’s guilty pleas included admissions that they conspired with one another and others to possess with intent to distribute cocaine within the Southern District of Alabama. Recorded telephone calls demonstrated Black arranged a sale of one (1) ounce of cocaine on June 10, 2016, and a sale of four (4) ounces of cocaine on June 12, 2016, to a co-conspirator in the Baldwin County area.
On June 13, 2016, Ethridge obtained cocaine from a source to complete a drug deal arranged by Black with a co-conspirator in Baldwin County. On June 13, 2016, a vehicle driven by Black, in which Ethridge was a backseat passenger, was stopped by Deputies of the Baldwin County Sheriff’s Office. During the stop, Deputies noted the smell of marijuana coming from inside the vehicle and Black admitted that he had earlier smoked marijuana in the vehicle. When Ethridge got out of the backseat a Deputy noticed a set of digital scales where Ethridge had been sitting. During the search of the vehicle a plastic bag was recovered from under the driver’s seat. The plastic bag contained approximately 91 grams of powder cocaine.Based upon Ethridge’s criminal history, Career Offender status was found to be applicable under the United States Sentencing Guidelines. This status increased his applicable advisory sentencing guideline range. Conspiracy to possess with intent to distribute a controlled substance is a violation of Title 21, United States Code Section 846. Both sentences of imprisonment will be followed by three-year terms of supervised release.
This case arose from a long-term investigation in the Daphne/Fairhope area conducted by the Federal Bureau of Investigation’s Safe Streets Task Force and the Baldwin County Sheriff’s Office Drug Task Force. This investigation has previously resulted in the indictment of five (5) other defendants on federal drug conspiracy charges. Acting U.S. Attorney Steve Butler stated, “The partnership of federal, state, and local law enforcement in the Southern District continues its longstanding concerted efforts to assure our communities are safe from drug related crime.” FBI Special Agent in Charge, Robert Lasky stated, ““These types of investigations are successful due to the dedication and commitment of our state and local partners who are determined to rid their jurisdictions of this type of crime.” The case was prosecuted by the United States Attorney’s Office for the Southern District of Alabama.
U.S. Attorney's Office Observes Arson Awareness WeekRead the Press Release
The U.S. Fire Administration (USFA), a branch of FEMA, is hosting its annual Arson Awareness Week from May 7 to 13. This year’s theme is “Preventing Arson at Houses of Worship.” Acting United States Attorney Steve Butler for the Southern District of Alabama is encouraging our local religious communities to get involved and take measures to reduce the risk of becoming a victim of arson. The Pew Research Center recently noted that, over the past several years and nationwide, 51% of reported fire incidents at faith-based locations were determined to be arson.
The USFA hopes to reduce the odds of faith-based facilities becoming targets of arson, through educating leaders on how to identify and eliminate potential fire hazards and minimize the risk of injuries. For example, there are various activities that municipalities can host to generate arson awareness, such as Congregation Fire Safety Days where local fire departments offer fire safety training for houses of worship. The USFA also suggests that houses of worship host Clean-Up Days to identify areas on their properties that need attention and remove any potentially combustible materials from the grounds. To find out more about USFA’s recommendations, please visit https://www.usfa.fema.gov/prevention/outreach/arson_awareness.html.
The Department of Homeland Security’s Protective Security Advisor Program (PSA) also offers assistance to houses of worship by conducting arson and security reviews, and addressing active shooter risks. For more information about these programs, please visit https://www.dhs.gov/protective-security-advisors and contact the DHS National Infrastructure Coordinating Center at (202) 282-9201 to learn about the closest PSA.
Locally, in the City of Prichard, Mayor Gardner and the City Council have proclaimed May 7 through 13 as Arson Awareness Week to stress the importance of arson prevention to their faith-based communities.
Preventing Arson at Houses of Worship (PDF)
Protecting Houses of Worship Against Arson (PDF)
Arson Awareness Week Activities (PDF)
U.S. Attorney's Office Reaches a Resolution with Clarke County to Ensure ADA Compliance at Polling LocationsRead the Press Release
Acting United States Attorney Steve Butler of the Southern District of Alabama announced today that the U.S. Attorney’s Office recently reached an agreement with the Clarke County Commission to ensure that polling precincts throughout the county are in compliance with the requirements of the Americans with Disabilities Act (ADA).
During the general election on November 8, 2016, the office conducted a compliance review of the county’s 29 polling locations. The review identified barriers to access at various locations. Through a letter of resolution, the county ultimately adopted the office’s recommendations to remedy the barriers, in accordance with the requirements of the ADA. One example is the use of temporary portable ramps to assist voters with mobility impairments. The resolution also requires the county to develop a survey instrument to assess whether a polling location is or can be made accessible during subsequent local, state and federal elections.
Acting United States Attorney Butler said, “I commend the members of the Clarke County Commission for their cooperation in resolving the barrier issues we uncovered at the various voting precincts around the county. They recognize that making their polling places accessible to persons with disabilities is a critical responsibility.”
Title II of the ADA requires state and local governments to ensure that persons with disabilities can access their voting facilities. The ADA’s implementing regulations describe what makes a polling place accessible. Furthermore, the Department of Justice’s ADA Checklist for Polling Places, found at www.ada.gov/votingchecklist.htm, provides guidance to election officials for determining whether a polling place already has the basic accessibility features needed by most voters with disabilities or can be made accessible using temporary solutions.
Assistant United States Attorney Suntrease Williams-Maynard is the assigned attorney on this project, which is part of a nationwide initiative spearheaded by the Department’s Civil Rights Division.
People interested in learning more about the requirements of the ADA may visit the website www.ada.gov or call the toll free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).Convicted Felon Sentenced to Serve 134 Months for Illegally Possessing AmmunitionRead the Press Release
Acting United States Attorney Steve Butler of the Southern District of Alabama announces that Senior United States District Court Judge Callie V.S. Granade sentenced Roy Darwood Ray, to serve a term of imprisonment of 110 months followed by 3 years of supervised release. Ray pled guilty to illegally possessing ammunition in Mobile, Alabama on June 20, 2016 in violation of 18 USC § 922(g)(1). Additionally, the Court ordered the defendant to serve a consecutive term of imprisonment of 24 months for violating the conditions of his supervised release. During the sentencing hearing, the Court made a finding that the defendant’s possession of ammunition was related to two armed robberies. The defendant, who had a lengthy criminal history, entered a guilty plea before the Court on January 19, 2017.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosive (ATF), and the Mobile Police Department. The case was prosecuted by Assistant United States Attorney Lawrence J. Bullard.
Three-Time Convicted Sex Offender Sentenced to 17 Years in PrisonRead the Press Release
Acting United States Attorney Steve Butler of the Southern District of Alabama announced that James Wesley Peterson, 32, of Kiln, Mississippi, was sentenced to 204 months (17 years) in prison for traveling across state lines with the intent to engage in illicit sexual conduct, and committing a felony sex offense involving a minor while required to register as a sex offender. Peterson was also sentenced to lifetime supervision by the United States Probation Office following his release, mandatory registration as a sex offender, and payment of a $200 special assessment.
Peterson was previously convicted of four counts of exploitation of children in Harrison County, Mississippi in 2004, and one count of exploitation of a child in Forrest County, Mississippi in 2011. As a result of these convictions, Peterson was required to register as a sex offender. Court documents indicate that in September of 2016, the FBI was contacted by a detective with the Fairhope Police Department about a 13-year old who had been in electronic communication with Peterson. In those communications, Peterson told the 13-year old that he wanted to engage in sexual conduct with her. Law enforcement agents took over the communications with Peterson, and according to documents filed in connection with his plea, Peterson arranged to meet the 13-year old on November 1 in Daphne. When Peterson arrived from Mississippi to meet the victim, he was arrested and confessed to arranging to meet the girl to engage in illicit sexual conduct.
Robert Lasky, Special Agent in Charge of the Mobile Division of the FBI, said, "The FBI will always be a resource for our state and local partners when investigating these types of cases. I am very pleased with the court’s decision and thank the Fairhope Police Department for allowing us to assist them."
This case was investigated by the Fairhope Police Department and the Federal Bureau of Investigation. Assistant United States Attorney Sean P. Costello prosecuted the case for the United States Attorney’s Office. This investigation was a part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Alabama at http://www.justice.gov/usao/als/
Molotov Cocktail Maker Sentenced in Federal CourtRead the Press Release
Acting United States Attorney Steve Butler of the Southern District of Alabama announced that Christopher Nelson Beno, 53, was sentenced today in federal court on charges involving his illegal possession of a Molotov cocktail. Under federal law, a Molotov cocktail is a device controlled by the federal laws pertaining to firearms and dangerous devices. Beno was indicted in November of 2016 on the charge of being a convicted felon in possession of the device. Beno pled guilty to the federal indictment in January of 2017.
United States District Court Judge Callie V. S. Granade sentenced Beno to 30 months’ imprisonment, to be followed by a three-year term of supervised release. Beno will undergo treatment for drug abuse while in prison and as a condition of his supervised release. No fine was imposed, but the judge ordered that Beno pay the $100 special mandatory assessment.
The case was investigated by the Baldwin County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Alabama at http://www.justice.gov/usao/als/Brian Deshon Miller Sentenced Following Guilty Plea to a Federal Drug Conspiracy ChargeRead the Press Release
Acting United States Attorney Steve Butler of the Southern District of Alabama announces today that Brian Deshon Miller was sentenced to 120 months imprisonment. Miller’s sentencing followed entry of a January 2017 guilty plea to conspiracy to possess with intent to distribute cocaine.
Miller’s guilty plea included his admission that between November 2015 and July 2016, he regularly arranged the purchase, distribution and payment for cocaine which he received and sold. The conspiracy involved the distribution of various quantities of cocaine, ranging between gram and ounce quantities. Miller was held responsible for the distribution of a quantity of cocaine between 400 and 500 grams.
Based upon his criminal history Career Offender status was found applicable to Miller under the United States Sentencing Guidelines, which increased the applicable advisory sentencing guideline range. Conspiracy to possess with intent to distribute a controlled substance is a violation of Title 21, United States Code Section 846. Miller’s imprisonment will be followed by a three-year term of supervised release.
This case arose from a long-term investigation in the Daphne/Fairhope area conducted by the Federal Bureau of Investigation’s Safe Streets Task Force and the Baldwin County Sheriff’s Office Drug Task Force. This investigation has previously resulted in the indictment of six (6) other defendants on federal drug conspiracy charges. Acting U.S. Attorney Steve Butler stated, “We appreciate the diligent investigative work done by our federal, state and local law enforcement partners. We share a common purpose of striving to make our communities safer for all citizens.” FBI Special Agent in Charge, Robert Lasky stated, "These types of investigations are a perfect example of what can happen when federal, state, and local agencies come together to rid our communities of this type of behavior." The case was prosecuted by the United States Attorney’s Office for the Southern District of Alabama.
Woman Sentenced to Fifty One Months Confinement for Interstate Methamphetamine and Cocaine TraffickingRead the Press Release
MOBILE, AL— The Acting United States Attorney, Steve Butler, announces that Graciela Mora-Demoran was sentenced in United States District Court, Senior Judge Callie V. Granade, on April 24, 2017 to fifty-one months confinement for trafficking in methamphetamine and cocaine. The sentence was structured to give the defendant credit for twenty one months already spent in state custody.
On August 20, 2015, an Alabama State Trooper stopped Mora-Demoran on I-10 in Baldwin County, Alabama. Later during the stop, K-9 “Justice” gave a positive alert to the odor of narcotics on the defendant’s vehicle and a search of the vehicle was conducted. In the cargo area of the vehicle, there were various types of Mexican food products and soft drinks. A State Trooper opened a bag containing several bottles of purported soft drink and picked up a bottle and noticed white debris floating around inside the bottle. The State Trooper noticed that the bottle picked up was not tight with pressure as when factory sealed, was filled up to the very top, and did not show any carbonation when shaken.
Aware of current trafficking trends of methamphetamines in liquid form, the bottle of soda was tested at the roadside for the presence of narcotics with a narcotics test kit. The liquid from the bottles of soda tested positive for the presence of narcotics (methamphetamines). Laboratory testing revealed that the lemonade soda containers contained 126.4 g of methamphetamine (mixture and substance) at a purity level of
56.6 % resulting in 71.5 grams of pure methamphetamine. Ginger ale bottles contained 130.3 g of methamphetamine (mixture and substance) at a purity level of 57.9 % resulting in 75.4 grams of pure methamphetamine.Officers also discovered numerous cone shaped containers in the vehicle that contained suspected narcotics. Further testing of the cone shaped containers revealed that they contained 7.9 kilograms of cocaine.
The case was jointly investigated by the Drug Enforcement Administration and the Alabama Law Enforcement Agency. Assistant United States Attorney George May prosecuted the case.
Acting United States Attorney Steve Butler stated he “appreciates and praises the efforts of the alert State Troopers who were dedicated in keeping up with the drug trafficking trends and able to foil a very clandestine manner of transporting narcotics”.
Woman Sentenced to Eighty Months Confinement for Multi-State Methamphetamine (Ice) Distribution ConspiracyRead the Press Release
MOBILE, AL— The Acting United States Attorney, Steve Butler, announces that Jennifer Arlene Rosas-Saucedo was sentenced in United States District Court, Senior Judge Callie V. Granade, on April 24, 2017 to eighty months confinement for being involved in a multi-state methamphetamine distribution conspiracy. On November 23, 2015, a United States Postal Inspector intercepted a postal parcel shipped from a United States Post Office located in El Segundo, California destined for Fairhope, Alabama. Mobile Police Department dedicated K-9 “ARON” alerted to the odor of narcotics emanating from the parcel. A search warrant of the package revealed 16.93 kilograms of methamphetamine with a purity of 92.8%.
The Postal Inspector contacted the Drug Enforcement Administration (DEA) to pursue an investigation. The DEA investigation revealed that Rosas-Saucedo travelled from her home in Vancouver, Washington to Southern California to provide the 16.93 kilograms of methamphetamine to other members of the conspiracy. The other members of the conspiracy arranged to ship the package from Southern California to Fairhope, Alabama.
Further investigation revealed that another member of the conspiracy met Rosas-Saucedo in Los Angeles, California in March 2016 and received 7.8 pounds of methamphetamine from her. The courier then transported the methamphetamine on an Amtrak train to New Orleans, Louisiana, where the DEA and local officials intercepted him.
In September 2016, the DEA used a cooperating defendant to purchase 1 kilogram of methamphetamine from Rosas-Saucedo, which again was shipped from Southern California to the Southern District of Alabama
In October 2016, investigative team members of FBI Vancouver authored a federal search warrant for the defendant’s residence in Vancouver, Washington as well as a vehicle owned by another member of the conspiracy. A search of the residence revealed eight cellular phones, $7,388.00 in United States currency and multiple notebooks containing drug ledgers. A search of the vehicle, a 2013 Dodge Ram Pickup, yielded approximately $62,000 in United States currency, a stolen handgun and approximately 4.4 pounds of methamphetamine.The case was jointly investigated by the Drug Enforcement Administration, the Federal Bureau of Investigation in Vancouver, Washington, the United States Postal Inspector in Mobile and the Mobile Police Department. Assistant United States Attorney George May prosecuted the case.
Acting United States Attorney Steve Butler stated, “this case represented the quintessential example of the partnership between different federal law enforcement agencies as well as the cooperation between federal and local law enforcement agencies”. Butler stated, “I laud the efforts of law enforcement in shutting down this significant methamphetamine trafficking organization”.
Armed Marijuana Dealer Sentenced in Federal CourtRead the Press Release
Acting United States Attorney Steve Butler of the Southern District of Alabama announced that an armed marijuana dealer was sentenced to time served in federal court this morning. Court documents reflect that Johnny Devon Brannon, 24, of Mobile, was charged with theft of mail, conspiracy to distribute and distribution of marijuana, and using, carrying and possessing a firearm during and in relation to a drug trafficking felony. Court documents also reflect that Brannon, an employee at a mail handling station, assisted by his co-defendant Steven Bernard Tate, Jr., were intercepting packages, which they believed to contain marijuana illegally shipped via the mail. Security equipment at the facility captured images of Tate and Brannon opening packages, hiding packages of marijuana in their clothing, and leaving with it. When confronted by authorities, both admitted their illegal activities. The third co-defendant, Harold James Griffin, Jr., was also implicated as receiving the marijuana and assisting in its distribution. Brannon used his vehicle to transport the marijuana from the facility to other locations, and a search of the vehicle resulted in the discovery of drugs, drug paraphernalia and a handgun. Brannon admitted he had the gun for protection because he had been robbed several times selling marijuana. Brannon pled guilty to the charges in November of 2016.
United States District Court Judge William H. Steele imposed a sentence in Brannon’s case of time served. He ordered that Brannon serve a three-year term of supervised release. He also ordered that Brannon pay the mandatory $300 in special assessments but did not impose a fine.
The case was investigated by the Mobile County Sheriff’s Office and the United States Postal Inspectors. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Alabama at http://www.justice.gov/usao/als/Workers Comp Manager Sentenced in the Dr. Ruan & Dr. Couch Pill Mill CaseRead the Press Release
Acting United States Attorney Steve Butler of the Southern District of Alabama announces that Christopher Manfuso has been sentenced to six months of house arrest and ordered to immediately pay a $50,000.00 fine, for his role in the operation of the massive pill mill run by Dr. Xiulu Ruan and Dr. John Patrick Couch.
In October 2015, Christopher Manfuso of Fulton, Maryland pled guilty to a criminal Information and admitted to paying over $2.6 million in illegal kickbacks to Dr. Xiulu Ruan. The kickbacks were associated with a workers compensation dispensary within Physicians Pain Specialists of Alabama —the clinic owned by Dr. Ruan and Dr. Couch — which was managed by a company that employed Manfuso, and later by a company he owned.At trial, Manfuso testified that he worked for Industrial Pharmaceuticals Management (“IPM”) in 2011 when IPM contracted with Dr. Ruan and Dr. Couch to manage a workers compensation dispensary within PPSA. The contract was structured whereby IPM purchased the drugs for the dispensary upfront, deducted the cost from the amount collected in reimbursement, and then paid the doctors. Manfuso testified that with most other doctors across the country, IPM paid a percentage of the reimbursement collected minus cost. However, Dr. Ruan negotiated for guaranteed monthly minimum payments for himself and Dr. Couch. Thus, Dr. Ruan and Dr. Couch made at least the minimum guarantee each month, even if the collected reimbursement minus the cost would not warrant that amount.
Manfuso testified that the monthly guarantees began at $45,000.00 and $15,000.00 a month for Dr. Ruan and Dr. Couch, respectively. However, over the five-year period these illegal kickbacks were paid, Dr. Ruan’s guaranteed monthly minimum payment increased all the way to $80,000.00 per month. Evidence at trial also showed these guaranteed monthly payments to the doctors did not go into the general PPSA business accounts. Rather, the checks were mailed to the doctors’ homes and were deposited in their personal bank accounts.
When asked to describe the difference between a pharmacy and a workers compensation dispensary, Manfuso testified that a dispensary can provide the drugs to the patient right there in the doctor’s office. Furthermore, the reimbursement from workers compensation companies was typically significantly higher — sometimes 100% higher — than the reimbursement rate paid by health insurance companies for the exact same drugs filled at a pharmacy. So while Dr. Ruan and Dr. Couch owned their own pharmacy as well, there was a much greater financial incentive to direct all of their workers compensation patients to the dispensary instead.
In light of Manfuso’s substantial cooperation and testimony at trial, the United States requested a sentence 50% below the low end of his advisory sentencing guidelines range. Based on the range determined by the Court, the sentencing recommendation was 15 months. However, in light of Manfuso’s cooperation and other factors, Judge Granade declined to give Manfuso an in-custody sentence. Rather, he was sentenced to three years of probation, the first six months of which are home confinement, along with a $50,000.00 fine due immediately.
Following the sentencing hearing, Acting U.S. Attorney Steve Butler stated, “As the seven-week trial of Dr. Ruan and Dr. Couch clearly showed, greed was the motivating factor behind the doctors’ criminal actions. Mr. Manfuso helped feed that greed by paying illegal kickbacks to the doctors in order to secure their dispensing business. Such conduct is criminal and will continue to be prosecuted in this district.”
Robert Laskey, Special Agent in Charge of the Federal Bureau of Investigation, Mobile Division, stated, “The FBI will continue to use every resource available to ensure that this behavior will not be tolerated. We will continue to work with our federal, state, and local partners to investigate these crimes of greed.”
Bret Hamilton, DEA Assistant Special Agent in Charge for the State of Alabama, stated, “Mr. Manfuso was more concerned with lining pockets at any means than insuring injured patients received proper medication. His conviction shows that no one in the medical community is immune from prosecutions and they will be held accountable for their misdeeds.”
This matter was jointly investigated by FBI-Mobile and DEA-Mobile, and was prosecuted by Assistant U.S. Attorneys Christopher Bodnar and Deborah Griffin.
U.S. Attorney's Office Observes National Reentry WeekRead the Press Release
In 2016, the U.S. Department of Justice established National Reentry Week to bring awareness to the challenges faced by formerly incarcerated persons when they reenter society. In observance of this year’s week, April 23-29, Acting United States Attorney Steve Butler for the Southern District of Alabama announces some of the current projects in which the U.S. Attorney’s Office is participating.
On April 27, the office will partner with Spring Hill College to host a “Reentry Simulation.” The simulation, open to the public, will be held from 11:00 a.m. to 1:00 p.m. in the college’s Mary Lou and John Barter Student Center. It will provide a glimpse into the first four weeks of life after prison, and will foster discussions about how the public and private sectors may work together to assist persons with the tools they need to successfully reenter their communities.
The office also continues its work with Project H.O.P.E. (Helping Offenders Pursue Excellence). In 2015, at the request of the Alabama Board of Pardon and Paroles, the Project HOPE Reentry Task Force was created to develop a plan to secure funding to support services aimed at reducing the recidivism rate in Alabama. Components such as employment, housing, and transportation continue to be studied in an effort to determine what types of reentry services are lacking. The plan’s objective is to reduce the Alabama recidivism rate by 50% as of 2021.
Acting U.S. Attorney Butler recognizes the positive role that reentry programs play, saying, “By providing people exiting the correctional system with access to necessities such as housing and employment, the hope is that they will become invested in their communities and will be less likely to return to a life of crime.”
To learn more about Project H.O.P.E. and stay up-to-date with reentry events in the Southern District of Alabama, please visit https://www.justice.gov/usao-sdal/programs/ex-offender-re-entry-initiative.
Second Nurse Practitioner Sentenced in the Dr. Ruan & Dr. Couch Pill Mill CaseRead the Press Release
Acting United States Attorney Steve Butler of the Southern District of Alabama announces that Thomas “Justin” Palmer has been sentenced to 30 months in federal prison for his role in the operation of the massive pill mill run by Dr. Xiulu Ruan and Dr. John Patrick Couch.
Following a stint in the United States Navy, Justin Palmer began working as a registered nurse at hospitals in southern Alabama. He then went back to school and earned a Master’s degree in nursing. Upon completion, Palmer was hired by Physicians Pain Specialists of Alabama ¬— the pain clinic co-owned and operated by Dr. Ruan and Dr. Couch. Palmer originally worked under both doctors. However, after about six months, Palmer began to work for Dr. Couch exclusively. While working for Dr. Couch, Palmer knowingly and intentionally conspired to prescribe various Controlled Substances outside the usual course of professional practice and not for a legitimate medical purpose. This included the prescribing of Subsys and Abstral — both of which are brand name forms of instant release fentanyl, a Schedule II Controlled Substance.
During the recent trial of Dr. Ruan and Dr. Couch, Palmer testified that he regularly saw patients without any oversight from a doctor. He also admitted to forging Dr. Couch’s signature on prescriptions, and estimated he did this approximately 25,000 times over a four year period. Evidence at trial showed that both Dr. Couch and Dr. Ruan knew Palmer was forging Dr. Couch’s signature. However, disciplinary action was never taken, and he was never reported to the nursing board. Palmer also testified that he was a habitual intravenous drug abuser, and that he was under the influence of very powerful opioids virtually every day while he was seeing and treating patients.Based on his substantial assistance, including his testimony in the trial against Dr. Ruan and Dr. Couch, Palmer received a 50% sentence reduction recommendation from the United States. The Court accepted this recommendation, and then sentenced Palmer to serve 30 months in federal prison for his criminal actions.
Following the sentencing hearing, Acting U.S. Attorney Steve Butler stated, “As Judge Granade observed at the sentencing hearing, Justin Palmer’s conduct was ‘beyond the pale.’ Forging a doctor’s name on a prescription is reprehensible, and even more so is the conduct of the doctors that let Palmer do this. That said, the United States recognizes that Palmer began cooperating even before the arrest of Dr. Couch and Dr. Ruan, and that his testimony was an important part of trial. Thus, the United States accepts the 30-month sentence handed down by the Court.”
Bret Hamilton, DEA Assistant Special Agent in Charge for the State of Alabama, stated, “Justin Palmer had an honorable and promising career. His patients expected him to provide them with professional medical care. Instead of the welfare of his patients being the basis for his decision making process, his greed for financial gain and his illicit use of drugs guided him.”
In addition, Robert Laskey, Special Agent in Charge of the Federal Bureau of Investigation, Mobile Division, stated, “This type of behavior in the field of medicine cannot be tolerated by a doctor or an employee of the clinic. The FBI will continue to vigorously investigate these cases with a sense of urgency.”
This matter was jointly investigated by DEA-Mobile and FBI-Mobile, and was prosecuted by Assistant U.S. Attorneys Christopher Bodnar and Deborah Griffin.
Felon in Possession Sentenced in Federal CourtRead the Press Release
Acting United States Attorney Steve Butler of the Southern District of Alabama announced that Steven Demote King, 50, of Mobile, was sentenced to 235 months imprisonment on his conviction for being a convicted felon in possession of a firearm. The indictment was returned in April of 2016. The single count indictment charged that King illegally possessed a Jimenez 9 mm handgun on May 19, 2015, after he had been previously convicted of seven prior robbery first degree convictions, one prior robbery second degree conviction, one prior theft first conviction, one prior receiving stolen property conviction, and two prior escape first degree convictions. King pled guilty to the charge in June of 2016. Court documents reflect that his appointed attorney requested that he undergo an examination to determine his competency. District Court Judge Kristi K. Dubose ordered that King undergo the examination, which was conducted within the United States Bureau of Prisons. In January of 2017, Judge Dubose conducted a competency hearing and found that King was legally competent. His sentencing hearing was set for April 17.
At that hearing, the prosecution offered testimony that King had kidnapped a Mobile woman and her three children using the handgun described in the indictment. Evidence from the hearing established that the children were eventually dropped off at a relative’s residence. King and the woman were located by Mobile police officers at an abandoned house in Prichard after they obtained an emergency court order to locate her cell phone. King was in physical possession of the gun when he was arrested. The woman was transported to a local hospital where she was treated and discharged. The prosecutor informed the judge that numerous felony charges were pending against King in Mobile County.
Judge Dubose imposed a sentence of 235 months, to be followed by a supervised release term of 5 years. She did not order that King pay a fine, but she imposed the special mandatory assessment of $100. She also entered a forfeiture order as to the firearm used in the commission of the crime.
The case was investigated by the Mobile Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.Jamie Shantez McNeail Sentenced Following Guilty Plea to a Federal Drug Conspiracy ChargeRead the Press Release
Acting United States Attorney Steve Butler of the Southern District of Alabama announces today that Jamie Shantez McNeail of Mobile was sentenced to 37 months imprisonment. McNeail’s sentencing followed entry of a January 2017 guilty plea to conspiracy to possess with intent to distribute cocaine.
McNeail’s guilty plea included his admission that between June 9 and July 1, 2016, he participated in numerous instances in which he conspired to distribute one (1) and two (2) ounce quantities of cocaine. McNeail was held responsible for the distribution of a quantity of cocaine between 400 and 500 grams.
Conspiracy to possess with intent to distribute a controlled substance is a violation of Title 21, United States Code Section 846. McNeail’s imprisonment will be followed by a three year term of supervised release.
This case arose from a long-term investigation in the Daphne/Fairhope area conducted by the Federal Bureau of Investigation’s Safe Street Task Force. This investigation has previously resulted in the indictment of six (6) other defendants on federal drug conspiracy charges. The case was prosecuted by the United States Attorney’s Office for the Southern District of Alabama.Defendant Who Escaped Pending Sentencing on a Gun Charge is Sentenced on Both ChargesRead the Press Release
Acting United States Attorney Steve Butler of the Southern District of Alabama announces that Allen J. Butler, III of Theodore, Alabama was sentenced to 9 years in prison by United States District Court Senior Judge Callie V.S. Granade for the charges of Possession of a Firearm by a Prohibited Person (a felon) and Escape.
On November 14, 2016, Allen Butler, III plead guilty to the offense of Possession of a Firearm by a Prohibited Person (a felon) in violation of 18 U.S.C. Section 922(g)(1) before Senior Judge Granade in the Federal District Court for the Southern District of Alabama. Upon completion of his guilty plea to that charge, Butler was ordered to remain in custody of the U.S. Marshal Service until his sentencing hearing that was to be held within 90 days.
On January 6, 2017, Allen Butler was transported by the Mobile County Sheriff’s Office to the University of Southern Alabama hospital in Mobile after complaining of pains from swallowing a piece of metal. While at the hospital, Butler used a partial handcuff key to unlock his handcuffs and he fled the hospital. A large-scale manhunt ensued that included local media networks who covered the search for Butler.The Gulf Coast Regional Fugitive Task Force discovered information that Butler had traveled to New Orleans, Louisiana, upon his escape, and was possibly back in the Mobile area. Law enforcement officers tracked Butler to an apartment in Wilmer, Alabama. When officers arrived, they found Butler hiding inside the residence. Allen Butler was taken back into custody after eluding capture for nearly 5 days.
Butler was subsequently charged with Escape, and ultimately sentenced, along with his original firearm charge, to 109 months in Federal Prison.
Possession of a Firearm by a Prohibited Person (a felon) is a violation of Title 18, United States Code § 922(g) (1) and is punishable by a maximum term of imprisonment of 10 years. Butler’s Escape charge was a violation of Title 18, United States Code § 751(A) and is punishable by a maximum term of imprisonment of 5 years.
Federal Bureau of Investigation, Mobile Field Office, the United States Marshal Service, in conjunction with the Mobile County Sheriff’s Department, referred these cases for prosecution. Officers of the Gulf Coast Regional Fugitive Task Force also participated in this investigation.
These cases were prosecuted in the United States Attorney’s Office by Assistant United States Attorney Christopher Baugh.
Former Teacher Pleads Guilty to Child Sex Tourism and Child Pornography OffensesRead the Press Release
An Evergreen, Alabama, teacher pleaded guilty today to production of child pornography, possession of child pornography and travel in foreign commerce for the purpose of engaging in illicit sexual conduct with a minor, announced Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and Acting U.S. Attorney Steve Butler of the Southern District of Alabama.
Clarence Edward “Bud” Evers Jr., 53, pleaded guilty before U.S. District Judge Kristi DuBose of the Southern District of Alabama. Evers was employed as a technology teacher with the Conecuh County, Alabama, Board of Education at the time of his arrest on Feb. 11, 2016, and has been in custody since that time. Sentencing is scheduled for July 14, 2017.
According to admissions in his plea, Evers traveled annually to Thailand during the summer months. While in Thailand, Evers paid minor boys as young as thirteen years old to engage in illicit sexual conduct and took sexually explicit photographs of them. Evers admitted that, during a 2014 trip, he photographed his victims engaging in sexually explicit conduct. In addition, Evers admitted that he had other images and videos of child sexual exploitation on his computers and other electronic devices, as well as substantial amounts of encrypted data.
Trial Attorney Jessica Urban of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorneys Sean Costello and Maria Murphy of the Southern District of Alabama are prosecuting the case. U.S. Customs and Immigration Enforcement’s Homeland Security Investigations is investigating the case with substantial assistance from CEOS’s High Technology Investigative Unit.
This investigation was a part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Former Teacher Pleads Guilty to Child Pornography, Child Sex Tourism ChargesRead the Press Release
Acting United States Attorney Steve Butler of the Southern District of Alabama announces that Clarence Edward Evers, Jr., also known as Bud Evers, 53, of Evergreen, Alabama, pled guilty today to charges that he produced child pornography, possessed child pornography, and traveled in foreign commerce with the intent to engage in illicit sexual conduct. Evers pled guilty to three counts of the eleven-count indictment, and is set to be sentenced on July 14, 2017 before Chief United States District Judge Kristi K. DuBose.
Production of child pornography is punishable by imprisonment of a minimum of 15 years up to 30 years, a fine of $250,000, lifetime supervision by the United States Probation Office, and restitution. Travel in foreign commerce with intent to engage in illicit sexual conduct is punishable by a 30-year term of imprisonment, a $250,000 fine, lifetime supervision, and restitution. Possession of child pornography carries a maximum penalty of 10 years in prison, a $250,000 fine, lifetime supervision, and restitution.
Evers, previously employed as a technology teacher at Hillcrest High School in Conecuh County, admitted in documents filed as part of his guilty plea that he traveled each summer to Thailand, where he paid minor boys as young as thirteen to engage in illicit sexual conduct and that he took sexually explicit photographs of boys. One of the victims, a 15-year old boy, made a report about being paid approximately $22 by Evers to engage in sex acts with him, and witnessing Evers engage in sex acts with another boy. Evers was identified through Facebook communications he had with the boy, and a search warrant was executed at Evers’s home in Evergreen on April 1, 2015. A substantial amount of child pornography, including videos and photographs of boys engaged in sexually explicit conduct, was recovered from Evers’s home. Although Evers had encrypted many of his electronic devices, the unencrypted data showed that Evers had accessed, downloaded, and produced child pornography. Evidence collected during the investigation also showed that, for years, Evers had discussed and coordinated his travel to and within Thailand with other men interested in engaging in commercial sex acts with boys in that country.
The case was investigated by the Department of Homeland Security, Homeland Security Investigations and prosecuted by Assistant United States Attorneys Sean P. Costello and Maria E. Murphy, and Trial Attorney Jessica Urban of the Department of Justice’s Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Substantial additional investigation and analysis were provided by CEOS’s High Technology Investigative Unit.
This investigation was a part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Convicted Felon in Possession of a Gun Sentenced in Federal CourtRead the Press Release
Acting United States Attorney Steven Butler of the Southern District of Alabama announced that Joseph Dillon Mazingo, 30, of Bulter, Alabama, was sentenced in federal court for his illegal possession of a firearm. The indictment alleged that Mazingo had been previously convicted of three burglaries in state court. Mazingo pled guilty to the indictment in October of 2016.
United States District Court Judge William H. Steele imposed a sentence of 37 months imprisonment, to be followed by a three-year term of supervised release. Judge Steele did not impose a fine but ordered that Mazingo pay the special mandatory assessment of $100. Mazingo will undergo drug treatment while in prison, and as a condition of his supervision, Mazingo will be subject to testing for drug or alcohol abuse.The case was investigated by the City of Butler Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Alabama at http://www.justice.gov/usao/als/Defendants Plead Guilty to Conspiring to Steal from Indian TribeRead the Press Release
Acting United States Attorney Steve Butler of the Southern District of Alabama announced today that Jasmine Hansell and her mother, Gunilla Marshall, pleaded guilty before Senior U.S. District Judge Callie V. S. Granade to one count of conspiring to embezzle funds from the Poarch Band of Creek Indians in Atmore, Alabama. Sentencing is scheduled for July 12, 2017.
Hansell previously worked as a game attendant for the Wind Creek Casino in Atmore. In this capacity, she had access to the casino's internal computer system, which managed and tracked player accounts. A compliance audit revealed that Hansell, without the tribe’s authorization, accessed over $250,000 in “free play” credits belong to the tribe and transferred credits to her mother's player account. According to video surveillance and computer reports, Hansell and Marshall used and benefited from free play credits at the casino.
In March 2017, the United States Attorney charged the defendants with one count of conspiring to embezzle and steal from an Indian tribal organization in violation of 18 U.S.C. § 371. The crime is punishable by up to five years imprisonment, a fine up to $250,000, three years of supervised release, a $100 mandatory special assessment, and restitution.
The Federal Bureau of Investigation investigated the case. Assistant United States Attorney Sinan Kalayoglu is prosecuting the case.
Defendant Sentenced to Prison for Aggravated Assault of Federal AgentsRead the Press Release
Acting United States Attorney Steve Butler of the Southern District of Alabama announces that Mario Devon Norris, 40, of Mobile, was sentenced today by Senior United States District Judge Callie V.S. Granade to 41 months in prison for the aggravated assault of five federal law enforcement agents. Following his release from prison, Norris will be subject to supervision by the United States Probation Office for three years.
Norris pled guilty in December to a one-count indictment charging him with assaulting, resisting, and impeding federal law enforcement agents. The charge stemmed from an incident in October in Prichard, when five law enforcement agents attempted to speak with Norris about an investigation. Three of the agents were FBI Special Agents, one was an agent with the Alabama Law Enforcement Agency, and one was an officer with the Mobile Police Department. The court record shows that Norris was located in a car at a fast-food restaurant, where the agents attempted to block his car with their cars, after activating their emergency blue lights and announcing themselves as police officers. Norris struck both of the agents’ cars in an attempt to flee, and revved the vehicle into reverse, jumped a curb, and nearly drove into oncoming traffic on Highway 45 in another attempt to flee. The agents surrounded the car Norris was driving, with their weapons drawn, wearing clearly marked police or FBI attire, vehicle blue lights flashing, and yelling “police.” Norris again revved the engine of the BMW and attempted to place the vehicle in drive, despite agents being in front of and along the driver side of the vehicle. Ultimately, Norris submitted without further escalation of the situation.
Acting U.S. Attorney Butler said, “Every day and every night, law enforcement agents risk their own safety in the service of their communities. Our office will aggressively investigate and prosecute anyone who deliberately endangers these men and women, and undermines the safety of everyone in the Southern District of Alabama.” Robert Lasky, Special Agent in Charge of the Mobile Division of the FBI, said, “The safety and well-being of our agents and task force officers must be a priority for the Federal Bureau of Investigation. We can only hope this sentencing will send a clear and concise message that this behavior will not be taken lightly.”
The case was investigated by the FBI and prosecuted by Assistant United States Attorney Sean P. Costello.
ADA Settlement Agreement Entered Between United States Attorney’s Office and Local RestaurantRead the Press Release
Steve Butler, Acting United States Attorney for the Southern District of Alabama, announces the successful resolution of complaints made by a person with disabilities who could not access a local restaurant. The United States Attorney’s Office recently entered into a settlement agreement with the owner and operator of Old 27 Grill in Fairhope.
The office opened its investigation after receiving complaints that people with mobility disabilities were unable to access the restaurant. As a result of the settlement, the restaurant has agreed to add an ADA-compliant bathroom, accessible parking, tables, and routes throughout the restaurant. The restaurant also adopted policies which require providing dining assistance to persons who are deaf, hard of hearing, blind, and people with mobility disabilities. Service dog policies were also adopted. Staff training is required by the agreement.
Acting United States Attorney Butler said, “After being notified of the investigation, the owner of Old 27 Grill eventually chose to do the appropriate thing, removing the barriers which prevented persons with disabilities from enjoying the restaurant. Not only is this required by law, but it’s also great for business. With more than 55 million persons with disabilities in our country, the restaurant has the potential for much more business.”
This matter was handled by Assistant United States Attorney Holly L. Wiseman.
For more information, visit www.ada.gov or our office’s website at http://www.justice.gov/usao/als/civil/cre.html”. Any person with a disability who believes they have been discriminated against in the Southern District of Alabama may contact our office at 63 South Royal Street, Suite 600, Mobile, AL 36602, telephone us at 251.441.5845 or file a complaint with the U. S. Department of Justice, 950 Pennsylvania Avenue, NW, Civil Rights Division, Disability Rights Section, Washington, DC 20530.Jeffrey Lavone Shaw Arrested Following Indictment on Federal Drug Conspiracy ChargeRead the Press Release
Acting United States Attorney Steve Butler of the Southern District of Alabama announces today that Jeffrey Lavone Shaw of Fairhope was arrested on charges returned by a federal grand Jury in February 2017. The charges include Conspiracy to Possess with Intent to Distribute Cocaine and Use of a Cellphone in furtherance of the drug activity in violation of Title 21, United States Code Sections 846 and 843(b). The statutory maximum penalty provided by law on the conspiracy charge in this case is 20 years imprisonment.
This case arose from a long-term investigation in the Daphne/Fairhope area conducted by the Federal Bureau of Investigation’s Safe Street Task Force. This investigation has previously resulted in the indictment of six (6) other defendants on drug conspiracy charges, all of whom have entered guilty pleas in federal court.
FBI Special Agent in Charge, Robert Lasky stated, "Today's arrest is a direct result of the continued cooperation between the FBI Safe Street Task Force and our state and local partners."
Acting U.S. Attorney Steve Butler stated, “The goal of law enforcement, be it federal, state or local, is to make our communities safer for all citizens. The FBI’s Safe Street Task Force and all its members work diligently to accomplish this mission.”
As in all criminal cases, the Indictment returned by the Grand Jury is only a charge and the Defendant is presumed innocent.
The case will be prosecuted by the United States Attorney’s Office for the Southern District of Alabama.United States Attorney’s Office Observes National Crime Victims’ Rights WeekRead the Press Release
The United States Attorney’s Office for the Southern Division of Alabama observes April 2 through 8, 2017, as National Crime Victim’s Rights Week. The office seeks to raise awareness of the citizens in our district who have been the victims of crime, including violent crime.
“Strength. Resilience. Justice.” This is the theme for the 2017 National Crime Victim’s Rights Week. Those words represent our mission to preserve and enforce victims’ rights. We seek to strengthen victims by responding to their needs, to acknowledge the resilient nature of our victim support organizations, and to pursue justice and healing for those most impacted by criminal behavior. We are committed to serving the community and ensuring that all victims receive the treatment guaranteed by the Victims’ Bill of Rights.
Various agencies have organized community events to acknowledge local crime victims and to increase awareness. For example, there will be two events on Thursday, April 6. The Mobile County District Attorney’s Office will hold its annual vigil from 6:30 to 7:30 p.m. at Cathedral Square in downtown Mobile. The Baldwin County District Attorney’s office will host its annual “Candlelight on the Delta” vigil beginning at 6:00 p.m. at the 5 Rivers Delta Center in Spanish Fort.
Our office is grateful for the continued commitment of private and public organization, as well as all of the local, state, and federal law enforcement agencies in our district that protect and serve our citizens. If you or someone you know has fallen victim to a crime, please visit the Office for Victims of Crime website at VictimsConnect.org or call 855-4-VICTIM to learn about your rights and available resources.First Nurse Practitioner Sentenced in the Dr. Ruan & Dr. Couch Pill Mill CaseRead the Press Release
Acting United States Attorney Steve Butler of the Southern District of Alabama announces that Bridgette Parker has been sentenced to 20 months in federal prison for her role in the operation of the massive pill mill run by Dr. Xiulu Ruan and Dr. John Patrick Couch.
After years of experience as an operating room nurse, Bridgette Parker went back to school and earned a Master’s degree in nursing. Upon completion, Parker was hired as a nurse practitioner by Physicians Pain Specialists of Alabama ¬— the pain clinic co-owned and operated by Dr. Ruan and Dr. Couch. Parker initially worked under Dr. Ruan until she was fired in December 2012. That same day, Dr. Couch rehired her as a nurse practitioner under him. While working for both doctors, Parker knowingly and intentionally conspired to prescribe various Controlled Substances outside the usual course of professional practice and not for a legitimate medical purpose. This included the prescribing of Subsys and Abstral — both of which are brand name forms of instant release fentanyl, a Schedule II Controlled Substance.
During the recent trial of Dr. Ruan and Dr. Couch, Parker testified that she regularly saw patients on her own without oversight from either doctor. Parker further admitted that she often went to fellow nurse practitioner and co-defendant Justin Palmer and requested that he forge Dr. Couch’s signatures on prescriptions for Controlled Substances. In addition, Parker admitted, and other evidence corroborated, that she was abusing drugs in the office and was frequently impaired while seeing patients.Based on her substantial assistance, including her testimony in the trial against Dr. Ruan and Dr. Couch, Parker received a 50% sentence reduction recommendation from the United States. The Court accepted this recommendation, and then sentenced Parker to serve 20 months in federal prison for her criminal actions.
Following the sentencing hearing, Acting U.S. Attorney Steve Butler stated, “The United States appreciates Ms. Parker’s substantial assistance in the prosecution of Dr. Ruan and Dr. Couch. Had she not assisted as she did, Ms. Parker would undoubtedly be spending more than 20 months in federal prison. Dr. Ruan and Dr. Couch could not have operated their criminal enterprise to the degree they did without the active assistance of Ms. Parker.”
The Drug Enforcement Agency echoed this sentiment: “It is disheartening when trusted professionals like nurse practitioners are engaged in the diversion of controlled substances,” said DEA Assistant Special Agent in Charge Bret Hamilton. “All DEA Registrants have an obligation to ensure that medications are getting into the hands of legitimate patients. Any registrant who violates or blatantly ignores their obligations will be held accountable. The conviction and sentence of Bridgette Parker is a result of DEA’s continued commitment to hold accountable those who participate in illegally dispensing controlled substances in our communities.”
In addition, Robert Laskey, Special Agent in Charge of the Federal Bureau of Investigation, Mobile Division, noted that, “Today’s sentence is a reflection of the FBI’s commitment to ensure that our nation’s healthcare system provides safe and effective care to the community that it serves.”
This matter was jointly investigated by the DEA-Mobile and FBI-Mobile, and was prosecuted by Assistant U.S. Attorneys Christopher Bodnar and Deborah Griffin.
Meth Dealers Sentenced in Federal CourtRead the Press Release
Acting United States Attorney Steven E. Butler of the Southern District of Alabama announced that three members of a methamphetamine ice distribution operation were sentenced in federal court last Friday. Kevin Espinosa, 19, of Galveston, Texas, Matthew Ramirez, 25, also of Galveston, and Miguel Trevino, 34, of Alvin, Texas, were indicted in Mobile last March for their participation in a methamphetamine ice distribution conspiracy. All three entered guilty pleas to the conspiracy charge.
United States District Court Judge Kristi K. Dubose imposed a sentence of time served for Espinosa, finding his minimal participation, his age and cooperation in the investigation justified a departure from the advisory guideline range. She also ordered that Espinosa serve a three year term of supervised release and pay the mandatory $100 special assessment. In Ramirez’s case, Judge Dubose imposed a sentence of 120 months, to be followed by a three-year term of supervised release. He was also ordered to pay the mandatory special assessment of $100. In Trevino’s case, the judge imposed a sentence of 188 months, to be followed by a three-year term of supervised release. The mandatory special assessment was imposed in his case as well. No fine was imposed in any of the cases.
The case was investigated by the Mobile County Sheriff’s Office and the Department of Homeland Security Investigations. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Felon with A Gun Sentenced in Federal CourtRead the Press Release
Acting United States Attorney Steven E. Butler of the Southern District of Alabama announced that George Ralph Leverette, Jr., 45, of Satsuma, was sentenced today in federal court on the charge of felon in possession of a firearm. Leverette pled guilty to that charge in December of 2016.
United States District Court Judge Callie V. S. Granade imposed a sentence of 21 months imprisonment, followed by a three-year term of supervised release. Leverette was ordered to pay a special mandatory assessment of $100, and no fine was imposed.
The case was investigated by the Saraland Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
United States Attorney's Office Names Eric Day as New Public Information OfficerRead the Press Release
Steven Butler, Acting United States Attorney for the Southern District of Alabama, announces today that Eric Day, who also serves as the Victim Witness Coordinator for the United States Attorney’s Office, will now serve as the office’s Public Information Officer.
Eric was born and raised in Mobile, and graduated from Toulminville High School in 1971. After serving in the U.S. Army, he received his Bachelors of Arts Degree in Criminal Justice Administration and his Masters of Education in Counseling from the University of South Alabama.
Eric started his Criminal Justice career working for the Alabama State Department of Pardons and Parole in 1975, and stayed until he was employed by the Mobile County Sheriff’s Office in 1977. While there, he served as a Deputy Sheriff, Corrections Officer, Assistant Warden of the Mobile County Jail, Assistant Planning Officer, Director of the Victim Witness Program, Evaluator and Director of the Mobile County Work Release Program.
In May of 1988, Eric was hired by the United States Department of Justice, U.S. Attorney’s Office for the Southern District of Alabama, as the Law Enforcement /Victim Witness Coordinator.
We are honored to have Eric Day serve in the capacity, and request that all media inquiries be directed to Eric Day, who can be reached at [email protected] and 251-415-7120.
Acting United States Attorney for the Southern District of AlabamaRead the Press Release
The United States Attorney’s Office of the Southern District of Alabama announces that Steve Butler is the Acting United States Attorney as of midnight, March 10th 2017. Mr. Butler is a career attorney with the Department of Justice with over 20 years of service.
Mr. Butler has spent approximately the past 14 years serving the United States Attorney Office for the Southern District of Alabama. During his time in the office he has served as the First Assistant United States Attorney (FAUSA) and Chief of the Civil Division from 2013 to present.
Prior to becoming the FAUSA and the Chief of the Civil Division, he served as the Chief of the Appellate Division from 2007 to 2013; as the Deputy Criminal Chief from 2008 to 2012; and was an Assistant United States Attorney assigned to the Criminal Division from 2003 to 2007, where he prosecuted general crimes, white collar, and public corruption. Prior to arriving at the United States Attorney’s Office in 2003, he served as a law clerk to the Honorable Judge Kristi DuBose. He also served two tours of duty in the Department of Justice's Civil Rights Division in Washington, DC.
Two Mobile Pain Doctors Convicted After Seven-Week TrialRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama, is pleased to announce that a jury has convicted defendants Dr. Xiulu Ruan and Dr. John Patrick Couch of numerous felonies following a seven-week trial.
Prior to the execution of multiple search warrants by the FBI and DEA on May 20, 2015, Dr. Ruan and Dr. Couch jointly owned and operated two pain management clinics under the name Physicians Pain Specialists of Alabama (“PPSA”) as well as C&R Pharmacy. Following an extensive joint investigation by both FBI-Mobile and DEA-Mobile, both doctors were charged with a litany of federal felony offenses, including RICO conspiracy, conspiracy to violate the Controlled Substances Act, substantive drug distribution offenses, conspiracies to commit wire fraud, mail fraud, healthcare fraud, and to violate the Anti-Kickback Statute, as well as money laundering. All charges stemmed from the defendants’ operation of PPSA and C&R Pharmacy.
During the seven-week trial, the United States presented evidence that Dr. Ruan and Dr. Couch utilized PPSA and C&R Pharmacy as a criminal enterprise to violate the Controlled Substances Act and to commit mail and wire fraud, in violation of the RICO Act. Specifically, the jury saw evidence that the defendants knowingly and willfully prescribed Schedule II and III Controlled Substances, including fentanyl, outside the usual course of professional practice and not for a legitimate medical purpose. The United States argued the defendants’ motive for this illegal prescribing was their own financial self-interest. The United States also argued that the defendants’ billing practices were systematically designed to unlawfully enrich the doctors.Of particular importance in the trial were two brand name instant-release fentanyl drugs — Subsys and Abstral. Both Subsys and Abstral are only FDA-indicated for breakthrough cancer pain in opioid-tolerant adult patients. However, evidence showed that Dr. Ruan and Dr. Couch almost exclusively prescribed these drugs off-label for neck, back, and joint pain. The jury found that Dr. Ruan and Dr. Couch received illegal kickbacks from Insys Therapeutics, the manufacturer of Subsys, in exchange for the defendants prescribing massive quantities of this drug. Dr. Ruan and Dr. Couch were both among the top prescribers of Subsys in the entire United States. Evidence showed that Dr. Ruan began donating his Insys kickback payments the day after he received a copy of a criminal complaint from the Eastern District of Michigan against Dr. Gavin Awerbuch, another prolific Subsys prescriber who had been charged with receiving kickbacks from Insys. The United States argued that Dr. Ruan’s decision to donate his Insys money was done in an attempt to distance himself from the company.
With regard to Abstral, evidence showed that Dr. Ruan and Dr. Couch purchased approximately $1.6 million worth of stock in Galena Biopharma, the manufacturer of Abstral, and sought to manipulate the stock price by driving up Abstral sales. From the third quarter of 2013 through the 2014, Dr. Ruan and Dr. Couch were the number one and two prescribers of Abstral in the entire United States. During this same time period, nearly one out of every three Abstral prescriptions written in the U.S. were written by either Dr. Ruan or Dr. Couch.
As part of their criminal enterprise, Dr. Ruan and Dr. Couch owned C&R Pharmacy, which was co-located with one of the PPSA clinic locations. C&R Pharmacy would only fill prescriptions written by the doctors at PPSA, and Dr. Ruan and Dr. Couch split 75% of the profits that came in from the prescription drug reimbursements. Approximately 91% of the Subsys and Abstral prescriptions written by the defendants — which cost patients’ insurance anywhere between $1,000.00 to $24,000.00 per month — were filled at C&R Pharmacy.
In addition to C&R Pharmacy, the defendants also had a worker’s compensation dispensary, from which they directly dispensed Controlled Substances. The jury heard evidence that Dr. Ruan and Dr. Couch received guaranteed monthly kickbacks from a dispensary management company — Industrial Pharmaceuticals Management (“IPM”) and later Comprehensive Rx (“CRX”) — in exchange for the defendants dispensing certain drugs with high reimbursement rates. These monthly guaranteed amounts reached $80,000.00 per month for Dr. Ruan and $20,000.00 per month for Dr. Couch. The millions paid in kickbacks to the defendants associated with the worker’s compensation dispensary went into private bank accounts set up by the defendants.
While there were some patients who received legitimate medical care at PPSA, the jury heard evidence that many patients rarely saw either of the doctors, and that the nurse practitioners who treated Dr. Couch’s patients were abusing drugs at the work place and then seeing patients. In addition, the jury heard evidence that Dr. Couch knowingly permitted one of his nurse practitioners, Justin Palmer, to forge Dr. Couch’s name on prescriptions for Controlled Substances. Palmer testified that he forged Dr. Couch’s name approximately 25,000 times between January 1, 2011 and May 20, 2015.
Prior to trial, Justin Palmer and Bridgette Parker, both nurse practitioners for Dr. Couch, pled guilty to conspiring to prescribe Controlled Substances outside the usual course of professional practice and not for a legitimate medical purpose. Christopher Manfuso, who worked for IPM and later owned CRX, pled guilty to conspiring to pay illegal kickbacks to the doctors. Michael Drobot, Jr., who owned IPM at the time, also admitted to paying the defendants illegal kickbacks as part of a plea agreement in a separate case in the Central District of California. Finally, Insys Therapeutics drug rep Natalie Perhacs pled guilty to conspiring to pay illegal kickbacks associated with the prescribing of Subsys. Palmer, Parker, Manfuso, and Perhacs all testified during the trial.
After seven-weeks of trial, 81 witnesses, and three days of deliberation, the jury reached the following verdicts: Both doctors were convicted of (1) RICO conspiracy; (2) Conspiracy to prescribe Schedule II and III Controlled Substances outside the usual course of professional practice; (3) Conspiracy to prescribe more than 40 grams of fentanyl outside the usual course of professional practice; (4) Conspiracy to commit healthcare fraud; (5) Conspiracy to commit mail and wire fraud; (6) Conspiracy to receive illegal kickbacks from IPM/CRX related to the workers compensation dispensary; and (7) Conspiracy to receive illegal kickbacks from Insys Therapeutics in exchange for prescribing Subsys. Dr. Ruan was also convicted of both conspiracy and substantive money laundering counts. Each doctor was also convicted of several substantive illegal drug distribution counts related to prescriptions written to particular patients. Dr. Ruan was acquitted of one substantive charge related to prescriptions written for a patient.
It is believed this is the first time in United States history that a jury has convicted doctors of RICO charges related to the operation of a pill mill.
Following their convictions, the defendants agreed to forfeit to the United States several houses, beach condos, and bank accounts, as well as 23 luxury cars, including multiple Bentleys, Lamborghinis, Mercedes, and Ferraris. In addition to the forfeited property, each doctor agreed to an additional $5,000,000.00 money judgment.
“We appreciate the hard work put forth by the jury as well as all the agencies responsible for this investigation. Healthcare professionals should be held to a higher standard and a federal jury confirmed that. This office will continue to aggressively prosecute these types of cases as they are crucial to the state of this nation’s healthcare status,” said U.S. Attorney Kenyen Brown for the Southern District of Alabama.
“The abuse of prescription drugs remains a significant problem in our communities. For the health and safety of our citizens, DEA will continue to target the illegal diversion of these pharmaceuticals, which can result in the tearing apart of families and the destruction of individual lives. It is particularly egregious when the perpetrators of such illegal acts are health care professionals, like these two doctors, responsible for ensuring that potentially dangerous drugs are dispensed properly. We hope that the convictions in this case serves as a reminder to anyone who might illegally divert pharmaceuticals that they will be held accountable for the harm they cause,” said Stephen G. Azzam, Special Agent in Charge of the Drug Enforcement Administration’s New Orleans Field Division.
“As an agency we are extremely pleased with the jury’s verdict. This case is an example of what can be done when federal, state, and local law enforcement work together in a common goal to ensure our country’s health care professionals are following the law when prescribing pharmaceuticals with a highly addictive nature,” said Robert Laskey, Special Agent in Charge of the Federal Bureau of Investigation, Mobile Division.
Sentencing for Dr. Couch and Dr. Ruan will take place on May 25th and 26th, respectively. The jury finding that the amount of fentanyl illegally prescribed exceeded 40 grams means the defendants are subject to a 60-month mandatory minimum, although their guidelines are expected to be much higher.
This matter was jointly investigated by the DEA-Mobile and FBI-Mobile, and was prosecuted by Assistant U.S. Attorneys Christopher Bodnar and Deborah Griffin.
Meth Dealer Sentenced in Federal CourtRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Gary Ray Evans, Jr., 38, of Richton, Mississippi, was sentenced today to 151 months’ imprisonment following his plea of guilty on a federal charge of possession with intent to distribute methamphetamine ice. Evans was on supervised release from a prior federal drug conviction at the time of his arrest on the new charge. Court documents reflect that Evans was discovered in a hotel room in Mobile with approximately 24 grams of methamphetamine ice. Evans pled guilty to the new charge in June of 2016.
United States District Court Judge William H. Steele imposed the 151 month sentence, and ordered that Evans undergo drug treatment and counseling while on a three-year-term of supervised release, which will commence when he is released from his prison sentence. Judge Steele also ordered that Evans pay a $100 special mandatory assessments, but did not impose a fine.
The Mobile County Sheriff’s Office and the Department of Homeland Security Investigations worked the case. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Defendant Sentenced to 2 Years for Being a Felon in PossessionRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announces today that William David Hardin, Jr., 48, was sentenced today to twenty-four months of imprisonment by Senior U.S. District Judge Callie V. S. Granade for being a felon in possession of a firearm. The judge ordered that Hardin undergo three years of supervised release upon completing his term of imprisonment, receive treatment for mental health and substance abuse, and pay a $100 mandatory special assessment.
On August 24, 2016, Demopolis Police Department investigators arranged for the purchase of stolen property and marijuana from Hardin. During the transaction, Hardin offered to sell a stolen .22-caliber revolver. On September 6, 2016, investigators arranged for the purchase of a Rough Rider .22-caliber revolver from Hardin. Investigators later executed a state search warrant at Hardin’s home and found inside a box of Winchester .22-caliber ammunition and a loaded .223-caliber magazine. Moreover, on September 6 investigators visited the apartment of B.W. after receiving information that he was holding a Ruger 9mm pistol to sell for Hardin. When confronted by investigators, B.W. surrendered the pistol and said that Hardin gave it to B.W. to sell on Hardin’s behalf.
Hardin is a convicted felon who is prohibited by federal law from knowingly possessing a firearm. On October 30, 1995, Hardin was convicted of forgery in the second degree in the Circuit Court of Marengo County, Alabama.
In September 2016, a federal grand jury for the Southern District of Alabama indicted Hardin on two counts of being a felon in possession in violation of 18 U.S.C. § 922(g)(1). On November 21, 2016, Hardin pleaded guilty to count two of the indictment.
The case was investigated by the Demopolis Police Department. The case was prosecuted by Assistant United States Attorney Gregory Bordenkircher.
Meth Dealer Sentenced in Federal CourtRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Marquis Lamambus Polite, also known as “Yogi,” of Mobile, was sentenced on February 15, 2016, for his participation in the distribution of methamphetamine ice. Testimony at the sentencing hearing established that Polite recruited couriers to travel to Decatur, Huntsville and Pensacola to pick up large amounts of methamphetamine ice, which were brought back to Mobile for distribution. Polite also supplied several local distributors who sold the drugs on the street. Polite was arrested when Mobile County sheriff’s deputies received information that he was distributing methamphetamine ice at a local motel. They followed him away from the motel and eventually stopped his vehicle when he committed a traffic violation. He was found in possession of approximately 48 grams of methamphetamine ice at that time. Polite had pled guilty to the charge in August of 2016.
United States District Court Judge Kristi K. Dubose imposed a sentence of imprisonment of 120 months. She also ordered that Polite commence a three-year term of supervised release when he is discharged from incarceration. As conditions of his supervision, Polite will be subject to testing and treatment for drug abuse. No fine was imposed.
The case was investigated by the Mobile County Sheriff’s Office and the Department of Homeland Security Investigations. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Felon in Possession of A Firearm Sentenced in Federal CourtRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Derek L. Winston, 39, of Irvington, was sentenced this morning in federal court to a year and a day for being a convicted felon in possession of a firearm. Winston pled guilty to the charge in November of 2016.
United States District Court Judge William H. Steele imposed a sentence of a year and a day. He also ordered that Winston will commence a three-year term of supervised release when he is discharged from incarceration. No fine was imposed.
The case was investigated by the Mobile County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Defendant Sentenced to 37 Months on Gun ChargeRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced today that Unterrio Cartrelle Tate, 22, of Mobile, Alabama, was sentenced today by Chief U.S. District Judge William H. Steele to 37 months imprisonment for being a felon in possession of a firearm. The judge ordered that Tate pay a $100 special assessment, undergo 3 years of supervised release, and pay restitution totaling $4,994.10.
In July 2016, the U.S. Marshal Service – Gulf Coast Regional Fugitive Task Force was assigned a felony warrant for Tate’s arrest for a probation revocation. On July 20, 2016, officers found Tate at a gas station in Prichard, Alabama in the driver’s seat of a vehicle. A second occupant was in the front passenger seat. A task force vehicle pulled in front of Tate’s car, while a second task force vehicle pulled in behind Tate’s car. Officers gave commands to the occupants inside Tate’s car to show their hands. Tate’s car went in reverse and struck the task force vehicle behind Tate, damaging that vehicle. When officers got Tate out of the driver’s seat, they saw in plain view a pistol wedged between the right side of the driver’s seat and the center console. Officers later determined there was 1 round in the pistol’s chamber at the time the gun, a .40 caliber Taurus, was seized.
Tate is a twice convicted felon who is prohibited from knowingly possessing a firearm. On May 19, 2014, Tate was convicted in Mobile County Circuit Court for discharging a firearm into an occupied building or vehicle and for assault in the second degree. Tate was indicted in August 2016 by a federal grand jury for the Southern District of Alabama on 1 count of being a felon in possession. He pleaded guilty to the offense on November 17, 2016.
The case was investigated by the U.S. Marshal Service – Gulf Coast Regional Fugitive Task Force. The case was prosecuted by Assistant United States Attorney Sinan Kalayoglu.
Armed Carjacking Defendant Sentenced on Federal ChartsRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announces that Curtis Pugh of Mobile, Alabama was sentenced to 11 years and 9 months by Chief United States District Court Judge William H. Steele. Miller pled guilty to the charge of Carjacking, and Brandishing a Firearm During and in Relation to a Crime of Violence in October of 2016. Pugh participated with 2 other codefendants in a carjacking that occurred on September 27, 2015.
On or about September 27, 2015, Curtis Pugh and two codefendants drove to the Forest Hill Apartments in Mobile, Alabama, in a Mazda sedan where they waited for the victim to walk to his car.
When the victim left his apartment to walk to his vehicle, a maroon Chevy Tahoe,Pugh’s codefendant, armed with a firearm, approached the victim from the rear and pointed a semi-automatic handgun in the victim’s face and asked him “what you got?” The gunman forced the victim into the passenger side of the Tahoe as the gunman positioned himself in the driver’s seat.
The gunman carjacked the victim’s car and drove off with the victim still inside. Curtis Pugh and one other codefendant follow behind in the Mazda, to a remote location in Prichard, Alabama.
Once in Prichard, the victim was forced out of the Tahoe and placed into the trunk of the Mazda. Curtis Pugh and his two codefendants, with the victim in the trunk, drove to an abandoned house where the victim was removed from the trunk and forced to contact his wife. Curtis Pugh and the two codefendants demanded $50,000.00 ransom be paid for the safe return of their male victim.
Chief United States District Court Judge William H. Steele sentenced Williams to serve five years of supervised release at the conclusion of his imprisonment.
Carjacking is a violation of Title 18, United States Code § 2119 and is punishable by a maximum term of imprisonment of 15 years.
Brandishing a Firearm During and in Relation to a Crime of Violence is a violation Title 18, United States Code § 924(c)(1)(A)(ii), and carries a minimum sentence of 7 years to life, to be served consecutively to any sentence on the related carjacking charge in this case.
This case was referred for prosecution by Special Agent David Kowalski, of the Federal Bureau of Investigation, Mobile Field Office, in conjunction with the Mobile Police Department. The case was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Christopher Baugh.
Felon Sentenced in Federal Court on Gun ChargeRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Darnell K. Barnes, 28 years old, was sentenced today before the Honorable District Court Judge Kristi K. DuBose for being a prohibited person in possession of a firearm.
Possession of a firearm or ammunition by a previously convicted felon is a violation of Title 18, United States Code Section 922(g)(1). Barnes was previously convicted in Mobile County of Robbery, First Degree, in 2009. By virtue of this felony conviction, Barnes is prohibited from possessing firearms or ammunition.
On March 24, 2015, the Mobile County Sheriff’s Office Narcotics unit conducted an investigation on Barnes as it relates to trafficking marijuana. The investigation revealed that Barnes was in fact in possession of marijuana, which was concealed in two priority packages that were received via mail. The investigation ultimately led to the discovery of two firearms. The first one discovered was a semi-automatic Taurus .40 caliber pistol with one live round in the chamber and the magazine was loaded. The second firearm discovered was an Armalite .223 caliber rifle, which was also loaded with a round in the chamber and the magazine. According to Barnes, he paid $100.00 for one and $300.00 for another from an unknown source.
The court imposed a 70-month sentence of imprisonment, to be followed by 3 years supervised release. This case was investigated by the Mobile County, Alabama, Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case was prosecuted by Assistant United States Attorney Suntrease Williams-Maynard.
Defendant Sentenced to 10 Years for Firearms OffenseRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced today that Cory Ellis Easley, 40, of Fayette, Missouri, was sentenced today by U.S. District Judge Kristi K. DuBose to 10 years imprisonment for being a felon in possession of a firearm, the statutory maximum for the offense. The judge ordered that Easley pay a $100 special assessment, undergo 3 years of supervised release, and pay restitution totaling $8,501.88.
On September 7, 2015, Saraland police officers went to a home in Chunchula, Alabama to investigate the theft of a vehicle. While heading there, an officer witnessed a truck matching the description of the stolen vehicle being driven recklessly. The officer saw the truck drive behind a home. The officer went down the driveway and saw a white male run from the truck and into a large garage. The officer heard several gun shots come from inside the building towards him. The officer took cover and waited for backup. Within a minute, backup arrived and took cover next to the first officer on scene. Officers heard another shot being fired from the garage. They then heard what appeared to be a tractor start up. Moments later, they heard a loud banging noise and believed that the suspect was ramming the tractor in the back of the building. The tractor then burst through the door. The first officer on scene heard the suspect yell: “Leave me alone!” The suspect fired another shot. A backup officer saw a black gun in the suspect’s right hand as he drove away. The suspect drove the tractor into a wooded area. The officers heard 3 more shots from the woods. Officers from the Saraland Police Department and the Mobile County Sherriff’s Office went looking for the suspect and eventually found him hiding in a mud hole. A K9 was sent to apprehend the suspect, who was later identified as Easley. Officers found a loaded Glock 17 9mm semi-automatic pistol in the mud between Easley’s legs. During the incident, Easley caused extensive damage to various properties in the neighborhood.
Easley is a convicted felon who is prohibited from knowingly possessing a firearm. He has numerous felony convictions for drug, theft, and assault offenses. Easley was indicted in October 2015 by a federal grand jury for the Southern District of Alabama on 1 count of being a felon in possession. He pleaded guilty to the offense on January 19, 2016.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Saraland Police Department, and the Mobile County Sheriff’s Office. The case was prosecuted by Assistant United States Attorney Sinan Kalayoglu.
Alabama U.S. Attorney's Offices Reach A Settlement Agreement to Ensure ADA Compliance at Dollar General Stores Throughout the StateRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced today that the U.S. Attorney’s Office recently entered into a statewide settlement agreement with Dolgencorp, LLC, to ensure that all Dollar General stores in the state of Alabama are in compliance with the requirements of the Americans with Disabilities Act (ADA). His office partnered with the U.S. Attorney’s Offices for the Northern and Middle Districts of Alabama in reaching that agreement.
Dolgencorp, doing business as Dollar General, operates discount department stores nationwide. There are 693 stores located in the state of Alabama. After receiving complaints about disability access to the stores, an investigation revealed a recurring problem with many stores having merchandise, shopping carts, boxes, and other items stored in the common areas of the stores’ exterior and interior spaces. These kinds of obstructions reduced or eliminated accessibility for disabled customers.
To correct these problems, Dolgencorp has agreed to implement a policy that will prohibit its employees from placing items in areas such as handicap parking spaces and interior access aisles. Dolgencorp also has agreed to provide annual training to all of its employees in the state to ensure that they are knowledgeable about the requirements of the ADA, and the corporation will have an ADA Coordinator to assist with the handling of complaints and employee training.
United States Attorney Brown said, "I applaud Dollar General for its commitment to bringing its stores into compliance with the ADA. It is of great importance that all patrons in Alabama, especially those with disabilities, are able to enjoy equal access during their shopping experiences. Dollar General adopted our recommendations and moved swiftly to remedy the issues."
Title III of the ADA prohibits discrimination in “the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.” 42 U.S.C. § 12182. The Department of Justice recognizes that importance of those with disabilities being integrated in society and having “full and equal enjoyment” of the services provided.
Southern District of Alabama Assistant United States Attorney Suntrease Williams-Maynard is the U.S. Attorney’s Office point of contact on this case.
More information regarding maintaining accessible features in retail establishments may be found at https://www.ada.gov/business/retail_access.htm. People interested in learning more about the requirements of the ADA may visit the website www.ada.gov or call the toll free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY). They may also learn more about the U.S. Attorney’s Office’s own civil rights enforcement program, which includes enforcement of the ADA, at https://www.justice.gov/usao-sdal/civil-rights-enforcement-unit.
Monroeville Resident Sentenced to 10 Months for Witness TamperingRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced today that Arthur Leyon Penn, 39, of Monroeville, Alabama, was sentenced today by Senior U.S. District Judge Callie V. S. Granade to 10 months imprisonment for tampering with a witness in his tax fraud case in U.S. District Court for the Southern District of Alabama. Senior Judge Granade ordered that 6 months of Penn’s prison term run concurrently with his 48-month sentence in his tax fraud case, that 4 months run consecutively with the sentence in his tax fraud case, and that he pay a $100 mandatory special assessment. Before imposing her sentence, Senior Judge Granade underscored the serious nature of the witness tampering conduct.
Penn led The Penn Agency LLC, a company based in Monroeville, Alabama that provided insurance and fraudulent tax preparation services. He co-owned The Penn Agency with his wife, co-defendant Oleavia Mitchell Penn, who operated another fraudulent tax preparation business, Quick Tax, in Camden, Alabama. In January 2016, Arthur Penn and five co-defendants were indicted by the Federal Grand Jury for the Southern District of Alabama. The indictment alleged that between 2011 and 2015, Penn orchestrated a fraudulent tax scheme and sought personal financial gain by defrauding the Treasury Department through the preparation and filing of fraudulent federal tax returns. On August 22, 2016, Arthur Penn pled guilty to two counts of aggravated identity theft in connection with the unlawful use of individuals’ social security numbers and the preparation and submission of fraudulent tax returns. That same day, Oleavia Penn also pleaded guilty before Senior Judge Granade to committing aggravated identity theft.
Later in August 2016, Arthur Penn was indicted by the Federal Grand Jury for the Southern District of Alabama on two counts of tampering with a material witness in his tax fraud case. On December 14, 2016, Arthur Penn pleaded guilty before Senior Judge Granade to one count of witness tampering. As part of his plea, he admitted to attempting to bribe a former employee at The Penn Agency to prevent her from testifying against him at trial in his tax fraud case. After Arthur Penn pleaded guilty to witness tampering, Senior Judge Granade sentenced him to 48 months imprisonment in his tax fraud case. Oleavia Penn’s sentencing date in the tax fraud case is March 15, 2017.
The tax fraud and witness tampering cases were investigated by the Federal Bureau of Investigation, the Internal Revenue Service, Criminal Investigation, and the 35th Judicial Circuit Task Force in Monroeville, Alabama. The cases were prosecuted by Assistant United States Attorneys Sinan Kalayoglu and Greg Bordenkircher.
ADA Settlement Agreement Entered Between U.S. Attorney's Office and Two Local RestaurantsRead the Press Release
Kenyen R. Brown, United States Attorney for the Southern District of Alabama, announces the resolution of complaints against two local restaurants made by persons with disabilities who could not access the facilities. The United States Attorney’s Office recently entered into Settlement Agreements under the Americans with Disabilities Act with the owners and operators of Islanders Restaurant and Bar in Dauphin Island, Alabama, and Gambino’s Italian Grill in Fairhope, Alabama.
The United States Attorney’s Office, through its Civil Rights Enforcement Unit, opened its investigations in these matters after receiving complaints that people with mobility disabilities were unable to access the restaurants.
As a result of the settlements, Islanders Restaurant – which is elevated on stilts - has installed a lift to allow persons with mobility disabilities to enter the restaurant, added accessible parking and added an accessible unisex bathroom.
Gambino’s now has a new, unisex accessible bathroom and accessible parking. Accessible routes have been provided throughout the restaurant, including to the Bayview Dining Room and the courtyard. Accessible tables have been installed in the bar and courtyard.
The owners and operators also adopted policies which require providing dining assistance to persons who are deaf, hard of hearing, blind and deaf-blind, blind, and people with mobility disabilities. Service dog policies were adopted. Staff training is also required by the Settlement Agreements.
Mr. Brown states: “When notified of the federal investigation, the owners of Islander’s and Gambino’s chose to work collaboratively with our office to remedy the ADA violations by removing the barriers which prevented persons with disabilities from enjoying their restaurants. Not only is this required by law, but it’s also great for business. We commend these restauranteurs for their decisions and their wise investment. They have shown they are good corporate neighbors. With more than 55 million persons with disabilities in our country, the restaurants have the potential for much more business as well.”
These matters were handled for the United States Attorney’s Office by Assistant United States Attorney Holly L. Wiseman.
For more information, visit www.ada.gov or our office’s website at http://www.justice.gov/usao/als/civil/cre.html.” Any person with a disability who believes they have been discriminated against in the Southern District of Alabama may contact our office at 63 South Royal Street, Suite 600, Mobile, AL 36602, telephone us at 251.441.5845 or file a complaint with the U. S. Department of Justice, 950 Pennsylvania Avenue, NW, Civil Rights Division, Disability Rights Section, Washington, DC 20530.
U.S. Department of Transportation Takes Action to Ensure Equitable Driver License Office Access for Alabama ResidentsRead the Press Release
WASHINGTON – U.S. Transportation Secretary Anthony Foxx today announced that the U.S. Department of Transportation (USDOT) has reached an agreement with the Alabama Law Enforcement Agency (ALEA) to ensure that driver licensing services in the state will be available to all residents, regardless of race, color or national origin, in compliance with Title VI of the 1964 Civil Rights Act.
“The U.S. Department of Transportation took on this issue as part of our responsibility under Title VI to prevent discriminatory behavior, and I’m pleased to have reached this agreement with the State of Alabama,” said U.S. Transportation Secretary Anthony Foxx. “DMVs play a critical role in the day-to-day functioning of the American people, including ensuring their ability to drive to work and other essential services and to get proper identification needed to vote or open a bank account. No one should be prevented from accessing these services based on their race, color or national origin -- Title VI is not optional.”
In late 2015, the State of Alabama announced that it planned to close or reduce service to 31 driver license offices throughout the state. Because its preliminary analysis of the closures suggested that the service modifications would disproportionately impact African American residents in the state’s “Black Belt” region, USDOT opened an investigation into whether this action violated Title VI, which prohibits entities that receive federal funding from discriminating on the basis of race, color or national origin in their programs and activities. The State of Alabama and ALEA, in particular, receive Federal assistance from the Department and, therefore, are subject to Title VI’s nondiscrimination prohibition.
The Department conducted a thorough investigation, including review of data and information related to the operation of the State’s driver licensing program, site visits to the affected areas and interviews with residents impacted by the program. The investigation revealed that African Americans residing in the state’s Black Belt region are disproportionately underserved by ALEA’s driver license services, causing a disparate and adverse impact on the basis of race, in violation of Title VI.
“Today’s agreement between USDOT and ALEA is intended to correct this violation by guaranteeing that driver licensing services will be available to all Alabama residents on an equitable basis without regard to race, color or national origin,” said Yvette Rivera, Associate Director of the Departmental Office of Civil Rights, which conducted the investigation.
Under the agreement, ALEA will ensure that Alabama residents are not, directly or through other means, underserved by ALEA’s driver licensing programs on the basis of race, color or national origin. The agreement also establishes a working relationship between USDOT and ALEA for ensuring that the state’s driver licenses services continue to comply with Title VI in the future.
Specifically, ALEA agreed to:
- Expand the hours of operation for district and field driver license offices throughout the Black Belt region;
- Appoint a Title VI coordinator who will be responsible for the development and operation of ALEA’s Title VI program, as well as for the provision of Title VI training to ALEA’s staff;
- Prepare and submit a Community Participation Plan within 90 days to achieve robust community participation throughout all stages of the planning and decision-making processes for ALEA’s programs and activities in connection with licensing services to ensure that communities are informed about potential impacts, that they have meaningful input into the process, and that ALEA officials hear and consider diverse views;
- Submit any proposed modifications to field office hours or driver’s license services to USDOT for prior approval.
Press Release posted from here.
- Expand the hours of operation for district and field driver license offices throughout the Black Belt region;
Felon in Possession of A Gun Sentenced in Federal CourtRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Skylar Tava Poellnitz, 25, of Dixons Mill, Alabama, was sentenced today in federal court. Court records show that Poellnitz had been previously convicted of Theft of Property Second Degree and Possession of a Controlled Substance when he was arrested in possession of the gun in this case. Poellnitz pled guilty to the charge in September of 2016.
United States District Court Judge Kristi K. Dubose imposed a sentence of 24 months imprisonment, to be followed by a three-year term of supervised release. Poellnitz will be subject to testing and treatment for drug abuse while he is under supervision. The judge ordered that Poellnitz pay the mandatory special assessment of $100, but she did not impose a fine.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney
Gloria Bedwell.Mobile Man Sentenced for Possessing Drugs and FirearmsRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announces that United States District Judge Kristi K. DuBose sentenced Kenneth Lebarron Williams, age 28, a resident of Mobile, Alabama, to serve 24 months in prison for his involvement in a conspiracy to distribute more than 50 pounds of high-grade marijuana. The evidence at the sentencing hearing established that Williams, as part of the conspiracy, possessed two loaded firearms and obstructed the administration of justice as officers investigated the case. Williams’ sentence included a 3-year term of supervised release. His sentence was imposed as a result of his guilty plea in September 2016.
This case was investigated by the Mobile County Sheriff’s Office Narcotics and Vice Unit, and prosecuted by Assistant United States Attorney Donna B. Dobbins with the United States Attorney’s Office for the Southern District of Alabama.
Three Mobile Men Are Sentenced for Drug and Firearm ChargesRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announces that United States District Judge Kristi K. DuBose sentenced Justin Andrew White, age 24, Lemarcus Bonner, age 32, and Kelvin Terrill Brown, age 23, all residents of Mobile, Alabama, to serve prison sentences for their involvement in a conspiracy to distribute more than 50 pounds of high-grade marijuana and federal firearms violations. Specifically, Justin White was sentenced to serve 24 months, Lemarcus Bonner was sentenced to serve 37 months, and Kelvin Brown was sentenced to serve 12 months (6 months in prison followed by 6 months on house arrest). Each sentence included a 3-year term of supervised release. hese sentences were imposed as a result of guilty pleas entered by White, Bonner, and Brown in September 2016. Co-defendant Kenneth Williams is scheduled to be sentenced on Monday, December 19, 2016, before District Judge DuBose.
This case was investigated by the Mobile County Sheriff’s Office Narcotics and Vice Unit, and prosecuted by Assistant United States Attorney Donna B. Dobbins with the United States Attorney’s Office for the Southern District of Alabama.