Eastern District of North Carolina
Press releases recorded for this federal judicial district.
Nashville Woman Sentenced to 42 Months for Drug ConspiracyRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, Chief United States District Judge James C. Dever III sentenced sade shana holland, also known as “SHARDE RICHARDSON,” 27, of Nashville, North Carolina to 42 months imprisonment, followed by 5 years of supervised release.
HOLLAND was named in a six-count Indictment filed on April 3, 2018 charging her with conspiracy to distribute and possess with the intent to distribute twenty-eight (28) grams or more of cocaine base (crack); possession with the intent to distribute and distribution of a quantity of cocaine base (crack); and possession with the intent to distribute and distribution of twenty-eight (28) grams or more of cocaine base (crack). On June 4, 2018, HOLLAND pled guilty to the conspiracy charge.
According to the investigation, between June 20, 2017 and August 14, 2017, officers utilized a cooperating witness to make six purchases of crack cocaine from HOLLAND. HOLLAND arranged each of the drug purchases and contacted her drug supplier, Equan Dunston, who provided the crack cocaine to HOLLAND for the drug purchases. HOLLAND sold approximately 280 grams of cocaine base (crack) in Spring Hope, NC and Rocky Mount, NC.
Dunston was named in a Criminal Information filed on January 10, 2018 charging him with conspiracy to distribute twenty-eight grams or more of cocaine base (crack) between June 20, 2017 and August 17, 2017 for his role in the conspiracy with HOLLAND. On March 5, 2018, Dunston pled guilty to the single count Criminal Information. On June 4, 2018, Dunston was sentenced to 114 months imprisonment followed by 5 years supervised release.
This case is part of the United States Attorney’s Office’s Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the vioent crime rate, drug trafficking, and crimes against law enforcement.
Investigation of this case was conducted by the Nash County Sheriff’s Office. Assistant United States Attorney Dena King represented the government.
Henderson Man Sentenced for Felon in Possession of Firearm ChargeRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, HYKEEM HENDERSON, 27, of Henderson, North Carolina, was sentenced by Chief United States District Judge James C. Dever III to 42 months imprisonment followed by 3 years of supervised release.
HENDERSON was named in a one-count Indictment on December 20, 2017. On May 29, 2018, HENDERSON pled guilty to felon in possession of a firearm.
On June 1, 2017, officers with the Henderson Police Department conducted a traffic stop on a vehicle due to expired registration. Officers were told by one occupant that he had smoked marijuana prior to the stop. During the search of the vehicle, officers located a firearm along with a holster under the passenger seat. HENDERSON claimed ownership of the firearm. During further investigation, HENDERSON was found to be a convicted felon.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case is part of the Take Back North Carolina Initiative of the United States Attorney’s Office. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Henderson Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney S. Katherine Burnette handled the prosecution of this case for the government.
Greenville Man Sentenced for Felon in Possession of Firearm OffenseRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, PRESTON BULLOCK, 40, of Greenville, North Carolina, was sentenced by Chief United States District Judge James C. Dever III to a total of 84 months imprisonment followed by 3 years of supervised release.
BULLOCK was named in a one-count Indictment on January 10, 2018. On May 29, 2018, BULLOCK pled guilty to felon in possession of a firearm.
On June 11, 2017, officers with the Pinetops Police Department in Pinetops, North Carolina received a call regarding a domestic dispute with a female and BULLOCK. The female said BULLOCK had threatened her with a firearm. When officers arrived at the home, BULLOCK was observed running down the street and hiding next to an occupied car. Officers approached the vehicle, spoke with the occupants in the vehicle, instructed them to exit. BULLOCK placed a handgun inside his waistband. BULLOCK was then arrested.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case is part of the United States Attorney’s Office’s Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Pinetops Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney S. Katherine Burnette handled the prosecution of this case for the government.
Farmville Man Sentenced to 60 Months for Drug ConspiracyRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, Chief United States District Judge James C. Dever III sentenced NIKI HOSEA JOYNER, 45, of Farmville, North Carolina to 60 months imprisonment, followed by 5 years of supervised release.
JOYNER was named in an eight-count Indictment filed on January 19, 2018 charging him with conspiracy to distribute and possess with the intent to distribute five hundred (500) grams or more of cocaine. On April 2, 2018, JOYNER pled guilty to the conspiracy charge.
According to the investigation, between December 2015 and February 29, 2016, JOYNER conspired with others and distributed 374.23 grams of cocaine. On February 29, 2016, shortly after selling 123.64 grams of cocaine, officers arrested JOYNER. Subsequent searches of JOYNER, his vehicle, and two residences revealed 1,023.11 grams of cocaine, 126.9 grams of marijuana, and over $6,000 in US currency.
Investigation of this case was conducted by the Greenville Regional Drug Task Force. Assistant United States Attorney Dena King represented the government.
Three Wilson Men Indicted on Drug Conspiracy ChargesRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that a federal grand jury in Wilmington has returned indictments charging KENNETH RAY BARNES, a/k/a “Kenny,” age 49 of Wilson, NC, and JEFFREY BERNARD MOORE, a/k/a “Cookieman,” age 48 of Wilson, NC, with conspiracy to distribute and possession with the intent to distribute five hundred grams or more of cocaine. Additionally, TONY LYNN WINSTEAD, age 60 of Wilson, NC, was indicted with conspiracy to distribute and possession with intent to distribute a quantity of cocaine. BARNES, MOORE, and WINSTEAD were each arrested yesterday in Wilson, NC by the Wilson Police Department and United States Marshal’s Service.
If convicted, BARNES and MOORE would face a minimum term of imprisonment of 5 years and maximum penalties of 40 years’ imprisonment, a $5,000,000 fine, and a term of supervised release following any term of imprisonment. If convicted, WINSTEAD would face maximum penalties of 20 years’ imprisonment, a $1,000,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
The case is a part of the U.S. Attorney’s Office for the Eastern District of North Carolina’s “Take Back North Carolina Initiative” and is being investigated by the Wilson Police Department and the Drug Enforcement Administration.
Raleigh Gang Member Sentenced for Drug and Firearm OffensesRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, JAMES EDWARD WHITAKER, 33, of Raleigh, North Carolina, was sentenced by Chief United States District Judge James C. Dever III to 84 months imprisonment followed by 5 years of supervised release.
WHITAKER was named in a two-count Criminal Information filed on May 29, 2018 and on that same date pled guilty to possession with intent to distribute a quantity of cocaine base (crack) and marijuana and to possession of a firearm in furtherance of a drug trafficking crime.
On July 19, 2017, officers with the Raleigh Police Department observed WHITAKER exit a vehicle then trespass on property he’d been told to stay away from previously. Officers in that area noticed a strong odor of marijuana coming from the car that WHITAKER had just left. They approached WHITAKER and he began to walk away. Officers were able to place one handcuff on WHITAKER, but he ultimately resisted arrest, removed the handcuff and fled on foot. Subsequent investigation of the scene revealed a handgun in the car that WHITAKER exited, along with cocaine base (crack), US currency, and marijuana. WHITAKER was later located and arrested.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case is part of the United States Attorney’s Office’s Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Raleigh Police Department, CCBI, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney S. Katherine Burnette handled the prosecution of this case for the government.
Henderson Man Sentenced for Felon in Possession of a Firearm ChargeRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today in federal court, United States Chief District Judge James C. Dever, III sentenced XAVIER RAMONE JUDD, 32, of Henderson to 36 months of imprisonment followed by 3 years of supervised release.
JUDD was named in a two-count Indictment filed on December 20, 2017. On April 19, 2018, JUDD pled guilty to one-count of Felon in Possession of a Firearm.
On November 7, 2017, officers with the Henderson Police Department conducted a traffic stop. As officers approached the vehicle, they observed JUDD in the passenger seat. JUDD tried to encourage the driver to leave, but the driver refused. JUDD exited the vehicle and began walking away from the scene. When officers attempted to arrest JUDD, he resisted slightly but was eventually arrested without further incident. In the passenger area where JUDD, a convicted felon, had been sitting, officers seized a 9mm handgun.
This case was part of the Project Safe Neighborhoods (PSN) initiative which encourages federal, state, and local agencies to cooperate in a unified “team effort” against gun crime, targeting repeat offenders who continually plague their communities.
The Henderson Police Department, and the Bureau of Alcohol Tobacco Firearms and Explosives (ATF) conducted the criminal investigation of this case. Assistant United States Attorney S. Katherine Burnette handled the prosecution of this case for the government.
Wilmington Man Sentenced to 12 Years in Federal Prison for Drug DistributionRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that in federal court, Senior United States District Judge W. Earl Britt sentenced ANTONIO PIERRE SHUFFORD, 38 from Wilmington, North Carolina, to 144 months in prison, followed by 5 years of supervised release.
SHUFFORD was charged in a nine-count indictment filed in the Eastern District of North Carolina on January 31, 2018. On April 30, 2018, SHUFFORD pled guilty to count nine of the Indictment which charged him with possession with intent to distribute twenty-eight grams or more of cocaine base (crack) and a quantity of oxycodone.
The investigation revealed that on February 26, 2015, a search of SHUFFORD and six residences associated with SHUFFORD resulted in the seizure of $1,505 in U.S. Currency, plastic baggies, 14.24 grams of cocaine, and 8.09 grams of crack cocaine. As the investigation into SHUFFORD continuined, another residence and vehicle used by SHUFFORD were searched on March 8, 2017, and these searches resulted in the seizure of 152.53 grams of crack cocaine, 1,618.05 grams of liquid oxycodone, and 330 grams of oxycodone mixed with other liquids.
From the investigation, law enforcement determined that between at least May 1, 2009, through March 8, 2017, SHUFFORD was responsible for the distribution of over 1,900 grams of cocaine base (crack). Moreover, at the sentencing hearing, the court determined that the defendant was a “career offender” in that he had two previous convictions for drug trafficking offenses.
This case was prosecuted federally as part of the United States Department of Justice’s Opioid Initiative and the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina.
Implemented in March 2018, the Take Back North Carolina Initiative emphasizes the regional assignment of federal prosecutors to work with local, state and federal law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement. The initiative targets those organizations and individuals who are responsible for increasing violent crime rates and drug trafficking – quickly routing the cases to federal court when prosecution in that venue would deliver the most significant impact.
The investigation of this case was conducted by the Wilmington FBI Coastal Carolina Criminal Enterprise Task Force consisting of the FBI, New Hanover County Sheriff's Office, Brunswick County Sheriff's Office, Wilmington Police Department, and the North Carolina State Bureau of Investigation. Assistant United States Attorney Laura Howard prosecuted the case on behalf of the United States.
Harnett County Crack Dealer Sentenced to over 10 YearsRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that Chief United States District Judge James C. Dever III sentenced JOHN ANDREW PIPKIN a/k/a “Puppy”, age 59 of Erwin, North Carolina, to 130 months imprisonment, followed by 5 years supervised release.
On December 12, 2017, PIPKIN was named in a twelve-count indictment returned by a grand jury sitting in the Eastern District of North Carolina. The indictment charged PIPKIN with Conspiracy to Distribute and Possess With the Intent to Distribute Twenty-Eight (28) Grams or more of Cocaine Base (Crack) from February 2016 to September 20, 2016, in violation of 21 U.S.C. § 846; multiple counts of Distribution of a Quantity of Cocaine Base (Crack), in violation of 21 U.S.C. § 841(a)(1); Possession of a Firearm in Furtherance of a Drug Trafficking Crime, in violation of 18 U.S.C. § 924(c)(1)(A); and multiple counts of Distribution of Twenty-Eight (28) Grams or more of Cocaine Base (Crack), in violation of 21 U.S.C. 841(a)(1).
On April 9, 2018, pursuant to a written plea agreement, PIPKIN pled guilty to Conspiracy to Distribute and Possess With the Intent to Distribute Twenty-Eight (28) Grams or more of Cocaine Base (Crack) and Possession of a Firearm in Furtherance of a Drug Trafficking Crime.
The investigation revealed that from February 2016 through September 20, 2016, PIPKIN distributed over 234 grams of crack cocaine from a residence that he maintained in Erwin, NC. Law enforcement made numerous controlled purchases of crack cocaine from the defendant, and on many occasions, the defendant was armed with a firearm.
The investigation of this case was conducted by the Harnett County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Lawrence Cameron represented the government in this case.
Cary Man Ordered to Pay $293,500 in Restitution to Victims of Child Exploitation OffensesRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announces that yesterday in federal court, Chief United States District Judge James C. Dever III ordered ADAM GEOFFREY FRANKEL, 33, of Cary, North Carolina, to pay $293,500 in restitution to four minor victims of child exploitation crimes charged against him.
FRANKEL was named in a twelve-count Superseding Indictment on September 8, 2017, including charges of manufacturing child pornography, receipt of child pornography, and possession of child pornography. On December 11, 2017, FRANKEL pled guilty pursuant to a plea agreement to manufacturing child pornography. On May 24, 2018, FRANKEL was sentenced to 295 months of imprisonment followed by ten years of supervised release on that charge.
FRANKEL is now ordered to pay $250,000 to a minor victim he used to manufacture child pornography. FRANKEL is ordered to pay the remaining $43,500 to three identified victims of child pornography produced by others, which FRANKEL had in his possession at the time of his arrest.
Although all victims of child exploitation crimes are entitled to restitution under federal law, additional victims in this case either could not be identified or asked that the United States not seek restitution on their behalf.
In addition to restitution, FRANKEL was also ordered to forfeit his residence located on Belrose Drive in Cary along with several pieces of computer equipment, all of which were used to commit the charged offense.
This case arose in October of 2014, when the Cary Police Department began an online investigation relating to the distribution and receipt of child pornography through file sharing programs. During the course of the investigation, FRANKEL was identified downloading and distributing child pornography from an IP address associated with his home. A search warrant was issued for FRANKLE’s home and law enforcement seized multiple computers, external hard drives, cellular phones and media storage devices. The forensic examination of the items collected contained multiple videos created by FRANKEL, he communicated with underage females and solicited them to perform sexual acts on video. The forensic examination also uncovered the defendant’s collection of child pornography of a least 136,350 images.
This case was part of the Project Safe Childhood initiative, a national program aimed at ensuring that criminals exploiting children are effectively prosecuted by making full use of all available law enforcement resources at every level. For more information about this important national project, Project Safe Childhood, go to www.projectsafechildhood.gov.
The Cary Police Department and Homeland Security Investigations conducted the criminal investigation of this case. Assistant United States Attorney Melissa Belle Kessler handled the prosecution of this case for the United States.
Wilmington Woman Sentenced to 8 Years in Prison for Distributing Heroin that Resulted in DeathRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, Senior United States District Judge W. Earl Britt sentenced PORSCHE RENEE DILLARD, 31 from Wilmington, North Carolina, to 96 months in prison, followed by 3 years of supervised release.
On May 23, 2018, DILLARD pled guilty to a one-count Criminal Information which charged her with distribution of a quantity of heroin and fentanyl, in violation of 21 U.S.C. § 841(a)(1). As part of her plea agreement, DILLARD stipulated and agreed that the use of the heroin and fentanyl she distributed on April 24, 2016 resulted in the death of the user.
The investigation revealed that on April 24, 2016, officers with the New Hanover County Sheriff’s Office responded to an overdose at a residence in Castle Hayne, NC. Upon arrival at the scene, officers found a deceased victim with a syringe in her arm, several used bags of heroin/fentanyl stamped with the words “Old School”, as well as the victim’s cellular phone. A search of the victim’s phone revealed multiple text messages between the victim and “Porcha” who was later identified as DILLARD.
On June 9, 2016, DILLARD was located and arrested on unrelated state drug charges. DILLARD gave an interview to law enforcement officers during which she admitted to selling heroin to the victim in the specific stamped bags located at the victim’s residence.
=Mr. Higdon commented: “In 2017, an average of three North Carolina residents died each day from overdoses of heroin and fentanyl. This defendant’s actions directly contributed to the tragic and unnecessary deaths that are occurring across our state.
With the imposition of an 8 year sentence, the people of New Hanover County can begin to recover from the effects of this crime and we are very pleased that the United States Department of Justice could play a role in achieving that result.”
This case was prosecuted federally as part of the United States Department of Justice’s Opioid Initiative and the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina.
Implemented in March 2018, the Take Back North Carolina Initiative emphasizes the regional assignment of federal prosecutors to work with local, state and federal law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement. The initiative targets those organizations and individuals who are responsible for increasing violent crime rates and drug trafficking – quickly routing the cases to federal court when prosecution in that venue would deliver the most significant impact.
The investigation of this case was conducted by the Wilmington FBI Coastal Carolina Criminal Enterprise Task Force consisting of the FBI, New Hanover County Sheriff's Office, Brunswick County Sheriff's Office, Wilmington Police Department, and the North Carolina State Bureau of Investigation. Assistant United States Attorney Lawrence J. Cameron prosecuted the case on behalf of the United States.
Ten-Time Previously Deported Alien Sentenced for Illegal Reentry of an Aggravated Felon Subsequent to Multiple ConvictionsRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that JOSE ALFONSO RODRIGUEZ-GARCIA, age 54, of El Salvador, was sentenced in Raleigh by Senior United States District Court Judge W. Earl Britt to 115 months imprisonment for illegal reentry of an aggravated felon.
RODRIGUEZ-GARCIA was named in a one-count Indictment returned by a grand jury sitting in the Eastern District of North Carolina on May 3, 2017. The indictment charged him with illegal reentry of an aggravated felon, and RODRIGUEZ-GARCIA pled guilty to the same on May 22, 2018.
As detailed in the public record, RODRIGUEZ-GARCIA was found in Wake County due to his arrest for second degree forcible rape. He was arrested after having been previously deported ten (10) times, subsequent to multiple convictions, including:
- burglary,
- receiving stolen property,
- grand theft from a person,
- theft,
- attempt to distribute a controlled substance,
- resisting public officer,
- trespassing,
- possession of controlled substances,
- auto theft,
- evading arrest,
- assault on a female,
- deported alien found in the United States,
- illegal reentry of a previously deported alien, and
- illegal reentry by a previously deported aggravated felon.
United States Attorney Higdon said, “For years, Jose Alfonso Rodriguez-Garcia disregarded the laws of the United States having been previously deported ten times and racking up conviction after convictions including assault and narcotics offenses. With this 115 month sentence, the American citizens, and in particular those of the Eastern District, are safer today because it has put a stop to Rodriguez-Garcia’s treating our borders as a revolving door.”
The case was investigated by ICE’s Enforcement and Removal Operations.
Shallotte Man Sentenced to 71 Months in Prison for Drug Trafficking ConspiracyRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today in federal court, Senior United States District Judge W. Earl Britt sentenced DELMAS CARLYLE GAUSE, a/k/a “Trampus,” 53, of Shallotte, North Carolina, to 71 months in prison, followed by 5 years of supervised release.
GAUSE was charged by Criminal Information with conspiring to distribute and possess with intent to distribute twenty-eight grams or more of cocaine base (crack).
On May 4, 2017, the Brunswick County Sheriff’s Office received information that GAUSE was selling cocaine base (crack) from his residence in Shallotte, North Carolina. On the same date, officers conducted a traffic stop of one of GAUSE’s customers, and officers recovered a small amount of cocaine base.
Officers then arrested GAUSE and recovered cocaine base and $571 in currency from him.
This case is part of the United States Attorney’s Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
Members of the Brunswick County Sheriff’s Office then conducted a search of GAUSE’s residence and seized cocaine, cocaine base, marijuana, digital scales, and $920 in currency.
This case was brought by the United States Attorney’s Office through partnerships with the Brunswick County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Assistant United States Attorney Scott A. Lemmon.
Henderson Man Sentenced to 12 Years in Prison for Distributing Fentanyl That Resulted in DeathRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that yesterday in federal court, Senior United States District Judge W. Earl Britt sentenced QYDARIUS J. SMALL, a/k/a “Q” and “Peanut,” 20, from Henderson, North Carolina, to 144 months imprisonment, followed by 3 years of supervised release.
On January 10, 2018, SMALL, was named in a three-count Superseding Indictment returned by a grand jury sitting in the Eastern District of North Carolina. The indictment charged Small with Distribution and Possession With Intent to Distribute a Quantity of a Mixture and Substance Containing Fentanyl, Causing Serious Bodily Injury or Death on August 28 and 29, 2017. On March 23, 2018, pursuant to a written plea agreement, SMALL pled guilty to distributing and possessing with intent to distribute a quantity of a mixture and substance containing Fentanyl, a Schedule II controlled substance, which resulted in the death of an individual.
On August 30, 2017, officers of the Henderson (North Carolina) Police Department responded to a report of a drug overdose at a residence. Upon arriving at the scene, officers found a deceased individual along with a hypodermic needle, multiple bindles of heroin, and a bindle of heroin uniquely labeled with a green stamp of the word “Thor.” The investigation revealed that the deceased was the victim of an overdose of heroin containing Fentanyl, and the drugs had been purchased from SMALL. A search of the victim’s cell phone revealed multiple text messages between the victim and SMALL discussing drug transactions and specifically a drugs with a “Thor[e] green stamp.”
Later that same day, officers of the Henderson Police Department used the victim’s cell phone to arrange for a controlled purchase of heroin from SMALL. As SMALL drove to the prearranged sale location with the intent to sell heroin to the deceased victim, law enforcement conducted a traffic stop. During a search of the vehicle, law enforcement found heroin stamped in green with the word “Thor” and a loaded handgun. SMALL was placed under arrest and taken to the Henderson Police Department.
United States Attorney Higdon commented, “Qydarius J. Small has been an active part in the opioid crisis and deaths that is tearing apart our country and destroying good communities like Henderson and Vance County, North Carolina. But now, with the imposition of a 144 month sentence, the people of Henderson can begin to recover from the horrible effects of Small’s actions. The Court’s sentence gives these communities that opportunity and we are very pleased that the United States Justice Department could play a role in achieving that result. I commend the Henderson Police Department for their excellent work in this case and bringing this man to justice.”
The case is a federal Organized Crime Drug Enforcement Task Force (OCDETF) criminal matter and was investigated by the Henderson Police Department. Assistant United States Attorney Edward Gray prosecuted the case on behalf of the United States.
This case was prosecuted federally as part of the United States Department of Justice’s Opioid Initiative and the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina.
Implemented in March 2018, the Take Back North Carolina Initiative emphasizes the regional assignment of federal prosecutors to work with local, state and federal law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement. The initiative targets those organizations and individuals who are responsible for increasing violent crime rates and drug trafficking – quickly routing the cases to federal court when prosecution in that venue would deliver the most significant impact.
Federal Jury Convicts New Bern Man on Federal Drug and Firearms ChargesRead the Press Release
ELIZABETH CITY – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that, DAMIEN LAMONTE BROWN, a/k/a “Dame,” 36, of New Bern, NC, was convicted in federal court following a two day jury trial before United States District Judge Terrence W. Boyle. The jury found BROWN guilty of conspiracy to distribute and possess with the intent to distribute one hundred (100) grams or more of heroin, possession of a firearm and ammunition by a felon, and possession with intent to distribute one hundred (100) grams or more of heroin.
The evidence presented at trial established that BROWN coordinated multi-kilogram shipments of heroin from New York to New Bern, and then established a network of individuals to transport, distribute, and sell that heroin to the community. The investigation resulted in the seizure of nearly 800 grams of heroin from one house, multiple firearms, and over $6,000 in cash.
At sentencing set for the November 12, 2018 term of court, BROWN faces not less than 10 years imprisonment and up to life imprisonment followed by 8 years of supervised release and up to an 8 million dollar fine.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
The case was investigated by the New Bern Police Department, Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), Craven County Sheriff’s Office, Trent Woods Police Department, Jacksonville Police Department, and Bridgeton Police Department. Assistant United States Attorney Laura S. Howard prosecuted the case on behalf of the United States.
Alien Sentenced for Illegal Reentry Subsequent to Multiple DeportationsRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that LUIS LAURO ZAMORA-ESPIRIQUETA, age 53, of Mexico, was sentenced in Raleigh by Senior United States District Court Judge W. Earl Britt to 21 months imprisonment for reentry of a removed alien.
ZAMORA-ESPIRIQUETA was named in a one-count Indictment returned by a grand jury sitting in the Eastern District of North Carolina on August 16, 2017. ZAMORA-ESPIRIQUETA pled guilty on May 22, 2018 to reentry of a removed alien.
According to information presented in court, ZAMORA-ESPIRIQUETA was previously deported three (3) times and found in Johnston County, North Carolina, due to his arrest for possession with intent to sell and deliver cocaine. As presented in court, ZAMORA-ESPIRIQUETA had sold cocaine to an individual and a search of a hotel room occupied by ZAMORA-ESPIRIQUETA in Selma, North Carolina, revealed 11 grams of cocaine. In addition, a search of ZAMORA-ESPIRIQUETA’s residence in Clayton, North Carolina, uncovered methamphetamine and drug paraphernalia.
The case was investigated by ICE’s Enforcement and Removal Operations.
Opinion: Prosecutors Need the Tools to Protect Americans from Violent OffendersRead the Press Release
Nothing federal prosecutors do is more important than protecting our fellow Americans from violence. In recent years, however, we have lost one of the most important tools we use to protect our communities: the Armed Career Criminal Act (ACCA). Only Congress can restore the ACCA to help us keep our neighborhoods safe.
The ACCA operated on a simple premise: when a felon is convicted of illegally possessing a firearm, he receives a mandatory fifteen-year sentence if his prior convictions include three or more “violent felonies” or “serious drug offenses.” These “armed career criminals” are not low-level offenders but rather criminals who have already been convicted of multiple serious offenses and then were caught with a firearm. In contrast to those included under the ACCA, lower sentences are given to felons who illegally possess firearms but lack that violent history. Common sense tells us that when a felon with a violent past illegally possesses a firearm, he is extremely dangerous and must be incarcerated. The ACCA was intended to bring that common-sense idea to the law.
For a long time, the ACCA really worked. After a period of increasing violent crime in America, President Reagan signed the ACCA into law in 1984. From 1964 to 1980, the overall violent crime rate tripled in the United States. Robbery crimes and rapes tripled, and murders doubled. Then came the ACCA and other major criminal reforms; the elimination of parole, reform of the bail system, the sentencing guidelines, and better funding for law enforcement. The goal of these reforms was to reduce violent crime, and from 1991 to 2014, violent crime dropped by half. Murders and aggravated assaults dropped by half, while robberies dropped by nearly two-thirds. The ACCA, along with these other reforms, was a resounding success that made our neighborhoods safer.
So what happened to the ACCA? The answer is a 2015 Supreme Court decision called Johnson v. United States. There, the Supreme Court considered whether Samuel Johnson, a white supremacist who admitted to planning acts of domestic terrorism, was properly deemed an armed career criminal after he was found guilty of illegally possessing an AK-47, several other firearms, and 1,000 rounds of ammunition. The Supreme Court concluded that Johnson was not an armed career criminal because his prior conviction for illegally possessing a sawed-off shotgun was not a “violent felony.” Most importantly, in reaching that conclusion the Supreme Court held that part of the definition of “violent felony” in the ACCA was too vague to understand and thus violated the Constitution’s guarantee of due process. As a result, the Court struck that part of the definition from the statute, and now, after Johnson, many of the crimes that once were considered “violent felonies” under the ACCA no longer qualify.
It is no exaggeration to say that Johnson destroyed the common-sense nature of the ACCA. Courts across the country have ruled that many plainly violent crimes are no longer “violent felonies.” Even murder is being challenged in some jurisdictions. Here in North Carolina, our common law robbery crime—taking property from someone by means of violence or fear—is no longer a “violent felony,” nor (believe it or not) is shooting into an occupied building. It just doesn’t make any sense, and clearly no one intended the ACCA to lead to these absurd results.
Because of Johnson, more than 1,400 violent career criminals have been released early, and 600 of those have already been arrested again just three years later. On average, these 600 offenders have been arrested or reoffended three times. As the Attorney General recently stated, “Releasing repeat offenders has consequences.” Those awful consequences have been felt in our communities, such as in Utah, where a career criminal released because of Johnson tortured and murdered two teenagers, and in California, where a career criminal released after Johnson allegedly murdered his father, carjacked a vehicle, and killed the vehicle’s driver.
Just last month in the Eastern District of North Carolina, Charlie O’Bryant Terry was sentenced to twenty years in federal prison for obstruction of justice and illegal possession of a firearm (https://www.justice.gov/usao-ednc/pr/henderson-man-sentenced-20-years-federal-prison-obstructing-justice-and-illegal). This was not Terry’s first federal sentence. In fact, in 2008, Terry had been sentenced under the ACCA to fifteen years in federal prison after pleading guilty to being a felon in possession of a firearm after three prior violent felonies, including two common law robberies. Because of Johnson, in August 2016, Terry’s fifteen-year sentence under the ACCA was vacated when his previous convictions for common law robbery no longer qualified as violent felonies. As a result, Terry was released early and placed on federal supervised release.
In January 2017, a mere five months after his release from custody, Terry struck again, assaulting and robbing a couple at gunpoint. During the assault, Terry placed a pistol in the mouth of one of the victims, and he cut the other victim’s head by repeatedly hitting the victim with the firearm, requiring staples to close the wound. After Terry was arrested in April 2017 for violating his federal supervision, federal agents executed a search warrant for Terry’s cellular telephone and found that Terry had taken several “selfies,” or photographs of himself, with an AR-15 semiautomatic firearm the day prior to his arrest. While in jail, Terry also threatened one of the victims in an effort to change his testimony. Terry received a twenty-year sentence for his post-release conduct, but if his sentence under the ACCA had not been cut short due to Johnson, Terry’s victims would have been safe from his violent criminal behavior in the first place.
Johnson caused these violent offenders to be released early, and going forward federal prosecutors will no longer be able to ensure sufficient sentences for many repeat violent offenders caught illegally possessing firearms. Innocent people will face the tragic consequences that will follow these offenders back to our streets, and the law enforcement officers who protect us will face the danger of confronting and arresting again the same violent felons they already removed from our streets years ago.
But amidst all this bad news, there is still room for something positive: Congress can fix the ACCA. The Supreme Court in Johnson found part of the ACCA’s definition unconstitutionally vague, but the Court left it open to Congress to craft a new definition that avoids these problems. The Attorney General and the Department of Justice have been working with members of Congress to create awareness about this urgent problem. The ACCA focuses on the most dangerous career felons—the kind we can and must take off the streets to protect our communities.
Congress made our nation so much safer in 1984 by passing the Armed Career Criminal Act. Now we need Congress to keep us safe in 2018 by fixing it.
Pembroke Medical Doctor Sentenced to 20 Years for Unlawfully Distributing OxycodoneRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced today that, DONOVAN DAVE DIXON, 51 of Fayetteville, North Carolina, was sentenced to 240 months of imprisonment followed by 3 years of supervised release by Chief United States District Judge James C. Dever III. DIXON, who was a licensed medical doctor at the time of the offense, was convicted after a four-day trial of Conspiracy to Unlawfully Distribute Oxycodone and twenty (20) counts of Unlawful Distribution of Oxycodone outside the scope of professional practice and not for a legitimate medical purpose.
The evidence at trial showed that DIXON was a licensed medical doctor who operated a family medical practice in Pembroke, NC from 2012 until April 6, 2015, when his ability to prescribe controlled substances was limited by the North Carolina Medical Board. The Drug Enforcement Administration’s Tactical Diversion Squad based in Charlotte began investigating DIXON when they noticed that four (4) of the top ten (10) oxycodone prescribing pharmacies for the State of North Carolina were located in the Lumberton, NC area. The local pharmacists as well as local and state law enforcement identified DIXON as the likely cause.
At trial, the evidence showed that DIXON prescribed high strength, high dosage amounts of oxycodone with little or no medical examination. Multiple witnesses testified that they had never even met DIXON despite the fact that hundreds of prescriptions had been issued in their name. A local drug dealer testified that DIXON wrote prescriptions for oxycodone in the name of persons that he provided to DIXON in exchange for cash. The prescription drugs were then sold on the streets of Robeson County by the drug dealer.
Mr. Higdon stated: “The United States Department of Justice is aggressively moving against all individuals who illegally distribute opioids and prescription drugs. Whether those illegally pushing these drugs are on the street or operating from a doctor’s office, we will pursue you, charge you and convict you for the crimes that are putting our citizens at risk.”
The investigation of this case was conducted by the Drug Enforcement Administration’s Tactical Diversion Squad. Assistance was also provided by the North Carolina State Bureau of Investigation, Diversion and Environmental Crime Unit, the Internal Revenue Service-Criminal Investigations (IRS-CI), the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Robeson County Sheriff’s Office, the Fayetteville Police Department, and the North Carolina Medical Board. Assistant United States Attorney Lawrence J. Cameron represented the government in this case.
For more information about the statutes, rules, and policies governing licensed medical professionals and pharmacists when prescribing opioids, please visit the websites of the Drug Enforcement Administration’s Diversion Control Division (www.deadiversion.usdoj.gov), the North Carolina Medical Board (www.ncmedboard.org), and the North Carolina Board of Pharmacy (www.ncbop.org).
Mexican National Charged for Voting by an AlienRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a Criminal Information has been filed charging ALMA ILZET MAR ESCALANTE, age 36, of Mexico, with voting by an alien.
According to the charging document, ESCALANTE registered to vote in North Carolina in 2012 and attested under the penalty of perjury that she was a citizen of the United States. As detailed in an affidavit supporting the Criminal Information, ESCALANTE voted in the General Elections of 2012, 2014, and 2016, in Bladen County, North Carolina. ESCALANTE was granted deferred action status in 2016 and her application to register as a lawful permanent resident in the United States is pending adjudication.
If convicted of voting by an alien, ESCALANTE would face maximum penalties of twelve months imprisonment, a $100,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the Criminal Information are merely accusations. A Criminal Information is a formal written accusation filed directly by the United States Attorney. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated under the newly created framework of the Document and Benefit Fraud Task Force (DBFTF) in the Eastern District of North Carolina lead by Immigration and Customs Enforcement - Homeland Security Investigations, and assisted by Enforcement Removal Operations, and the Department of State - Diplomatic Security Service. The investigation as to voting fraud is ongoing.
Wilson County Man Sentenced to 42 Months in Prison for Distributing HeroinRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, Chief United States District Judge James C. Dever III sentenced TROY LEE NEWSOME, JR., a/k/a “Slim,” 30 from Wilson, North Carolina, to 42 months in prison, followed by 3 years of supervised release.
NEWSOME, was named in an eight-count Indictment filed in the Eastern District of North Carolina on November 29, 2017. Count 1 charged Conspiracy to Possess With the Intent to Distribute a Quantity of Heroin from November 2016 to June 2017, in violation of 21 U.S.C § 846. Counts 2 through 8 charged Distribution and Possession With Intent to Distribute a Quantity of Heroin on November 29, 2016; November 30, 2016; December 15, 2016; January 27, 2017; February 8, 2017; February 10, 2017; and May 30, 2017; respectively, in violation of 21 U.S.C. § 841(a)(1).
The investigation revealed that in November of 2016, NEWSOME, became the target of a narcotics investigation by the Wilson Police Department and Wilson County Sherriff’s Office (WCSO). Investigators conducted a series of controlled purchases of heroin from NEWSOME.
On February 10, 2017, a search warrant was executed at NEWSOME’S Wilson residence. Officers encountered NEWSOME in a vehicle parked in the driveway, seated in the driver’s seat. A quantity of marijuana was located in the front of the vehicle. In the trunk of the vehicle, officers recovered 300 bags (3 grams) of heroin stamped with the label “Hot Sauce.” NEWSOME was charged in state court with two counts of Trafficking in Heroin, and was subsequently released on bond.
On May 30, 2017, officers with the WCSO attempted to perform a traffic stop on a vehicle driven by NEWSOME. NEWSOME, who had outstanding felony warrants, led officers on a two-mile high-speed chase, at times driving into oncoming traffic and endangering civilians. During the pursuit, NEWSOME drove directly toward a WSCO deputy in his patrol vehicle, which nearly resulted in a head-on collision with the officer.
From the investigation, law enforcement determined NEWSOME is accountable for trafficking heroin and marijuana between September 2016 and June 2017. He was also responsible for possessing a dangerous weapon.
Mr. Higdon commented: “Troy Lee Newsome, Jr. has been poisoning the streets of Wilson, North Caroloina and Wilson County for more than a decade. But now, with the imposition of a 42 months sentence, those communities can begin to recover from the effects of his crime. The Court’s sentence gives these communities that opportunity and we are very pleased that the United States Department of Justice could play a role in achieving that result. I want to commend the Drug Enforcement Administration, the Wilson County Sheriff’s Office, and the Wilson Police Department, for their excellent work in this case.”
The case is a federal Organized Crime Drug Enforcement Task Force (OCDETF) criminal matter and was investigated by the Wilson Police Department, Wilson County Sheriff’s Office, and the United States Drug Enforcement Administration. Assistant United States Attorney Edward Gray prosecuted the case on behalf of the United States.
Nineteen Foreign Nationals Charged for Voting in 2016 ElectionRead the Press Release
Multiple Defendants Voted In More Than One Election
WILMINGTON, NC – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina today announced that nineteen foreign nationals were charged with, among other crimes, voting by alien for their actions prior to and on November 8, 2016. A twentieth defendant was charged with aiding and abetting a fellow defendant in falsely claiming United States citizenship in order to register to vote.
A federal grand jury in Wilmington, North Carolina returned an Indictment charging the following foreign nationals with false claim of United States citizenship in order to register to vote, and voting by an alien:- Jose Cruz Solano-Rodriguez, age 41, of Mexico;
- Guadalupe Espinosa-Pena, age 63, of Mexico;
- Sarah Emilia Silverio-Polanco, age 35, of the Dominican Republic;
- Elizabeth Nene Amachaghi, age 44, of Nigeria;
- Maria Rufina Castillo-Boswell, age 31, of Philippines;
- Dora Maybe Damatta-Rodriguez, age 64, of Panama;
- Elvis David Fullerton, age 54, of Grenada;
- Olive Agatha Martin, age 71, of Guyana; and
- Kaoru Sauls, age 54, of Japan.
Separately, criminal charges of voting by an alien were filed against the following foreign nationals:- Jose Jaime Ramiro-Torres, age 52, of El Salvador;
- Juan Francisco Landeros-Mireles, age 64, of Mexico;
- Alessandro Cannizzaro, age 46, of Italy;
- Dieudonne Soifils, age 71, of Haiti;
- Hyo Suk George, age 69, of Korea;
- Merius Jean, age 54, of Haiti;
- Rosemarie Angelika Harris, age 60, of Germany; and
- Daniel Tadeusz Romanowski, age 39, of Poland.
Also, a federal grand jury in Wilmington has returned an Indictment charging an eighteenth defendant, Diana Patricia Franco-Rodriguez, age 26, of Mexico, with fraud and misuse of visas, permits, and other documents, and voting by an alien.
Additionally, a federal grand jury in Wilmington has returned an Indictment charging Denslo Allen Paige, age 66, with aiding and abetting Espinosa-Pena in falsely claiming United States citizenship in order to register to vote.
Separately on August 14, 2018, Ramon Esteban Paez-Jerez, age 58, of the Dominican Republic, was charged and pleaded guilty to a two-count Criminal Information charging him with passport fraud and voting by an alien.
According to the Criminal Information, Paez-Jerez in 1988 was ordered deported from the United States and failed to appear for his scheduled removal. According to court records, Paez-Jerez assumed a fraudulent identity and applied for amnesty. Paez-Jerez in 1989 was granted lawful permanent status under the false identity and in 1999 was naturalized contrary to law as a United States citizen. On July 7, 2007, Paez-Jerez registered to vote in North Carolina under his fraudulent identity.
On September 16, 2009, Paez-Jerez made a false statement in an application for a United States passport when he applied under the fraudulent identity and failed to disclose his real name.
On November 8, 2016, Paez-Jerez illegally voted in the General Election of 2016 in Wake County, North Carolina, knowing he had illegally obtained United States citizenship.
Paez-Jerez faces maximum penalties of eleven years’ imprisonment, a $350,000 fine, and a term of supervised release following any term of imprisonment. Sentencing is scheduled for the term of court commencing on December 11, 2018, in New Bern, North Carolina.
If convicted of false claim of United States citizenship in order to register to vote, and voting by an alien, Amachaghi, Castillo-Boswell, Damatta-Rodriguez, Espinosa-Pena, Fullerton, Martin, Sauls, Silverio-Polanco, and Solano-Rodriguez, would face maximum penalties of six years’ imprisonment, a $350,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of voting by an alien, Cannizzaro, George, Harris, Jean, Landeros-Mireles, Ramiro-Torres, Romanowski, and Soifils would face maximum penalties of twelve months imprisonment, a $100,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of fraud and misuse of visas, permits, and other documents, and voting by an alien, Franco-Rodriguez would face maximum penalties of twenty-six years imprisonment, a $350,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of aiding and abetting in falsely claiming United States citizenship in order to register to vote, Denslo Allen Paige would face a maximum imprisonment term of five years, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the Indictments and Criminal Informations are merely accusations. An Indictment is a formal written accusation originating with the United States Attorney and issued by a Grand Jury against a party charged with a crime. A Criminal Information is a formal written accusation filed directly by the United States Attorney. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The cases are being investigated under the newly created framework of the Document and Benefit Fraud Task Force (DBFTF) in the Eastern District of North Carolina lead by Immigration and Customs Enforcement - Homeland Security Investigations, and assisted by Enforcement Removal Operations, and the Department of State - Diplomatic Security Service. The investigation as to voting fraud is ongoing.Media Advisory-Read the Press Release
WHEN: Monday, August 27, 2018 at 3:00 PM
WHERE: Terry Stanford Federal Building
310 New Bern Avenue
Room 158
Raleigh, NC 27601
Re: Sentencing of Medical Doctor Convicted of Unlawfully Distributing Oxycodone
RALEIGH – The United States Attorney’s Office announces a press conference to discuss the sentencing of DONOVAN DAVE DIXON. DIXON was a medical doctor at the time of the offenses and he was convicted on April 16, 2018, after a four-day jury trial, of Conspiracy to Unlawfully Distribute Oxycodone and twenty (20) counts of Unlawful Distribution of Oxycodone outside the scope of professional practice and not for a legitimate medical purpose.
The Drug Enforcement Administration’s Tactical Diversion Squad based in Charlotte began investigating DIXON when they noticed that four (4) of the top ten (10) oxycodone prescribing pharmacies for the State of North Carolina were located in the Lumberton, NC area. The local pharmacists as well as local and state law enforcement identified DIXON as the likely cause.
This case is a key component of the Take Back North Carolina Strategy to combat violent and drug crime in the Eastern District of North Carolina. This initiative brings the full weight and resources of the federal court system in the fight against crime in this District.
In addition to United States Attorney Robert J. Higdon, Jr. we anticipate members of law enforcement agencies involved with this case to be present at this event.
Credentialed members of the media are invited to attend. For additional information please e-mail Don Connelly at [email protected]. Please RSVP your intentions to attend the event.
Goldsboro Man Sentenced to 34 Years for Hobbs Act Robbery, Possession of a Firearm in Futherance of a Crime of Violence, and Possession of a Firearm by a FelonRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today in federal court, Chief United States District Judge James C. Dever III sentenced WARREN L. BAKER, 32, of Goldsboro, North Carolina to 408 months of imprisonment followed by 5 years of supervised release.
BAKER was charged in an Indictment on May 24, 2017, with Hobbs Act robbery, possession of a firearm in furtherance of a violent crime, and possession of a firearm as a convicted felon. On March 12, 2018, BAKER pled guilty to the charges.
On February 7, 2017, at approximately 4:20 am, BAKER robbed the Starbucks at 1445 Walter Reed Road, Fayetteville, NC. BAKER brandished a firearm at two employees who were opening the front door for business. After ordering them inside and confronting another employee at gunpoint, BAKER took $1,597 from a safe along with a portfolio binder and Starbucks electronic cards. He dropped two .380 caliber rounds during the robbery. Before fleeing, BAKER forced the employees into a store restroom. A Fayetteville Police K-9 unit then tracked BAKER to the Extended Stay Hotel across the street. Officers observed BAKER leaving the hotel office entering a vehicle with a holstered firearm on his hip. After arresting BAKER, officers executed a search warrant on the vehicle and recovered a Glock, .380 caliber firearm, a backpack, and clothes matching those used during the robbery. The backpack contained money from the robbery. In a hotel trashcan, officers located the portfolio binder, containing BAKER’S fingerprints, and a Starbucks register drawer taken during the robbery. BAKER’s girlfriend, who was with him in the vehicle, possessed Starbucks electronic cards in her purse.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
In support of PSN, the United States Attorney’s Office for the Eastern District of North Carolina has implemented the Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The Fayetteville Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, conducted the criminal investigation of this case. Assistant United States Attorney James J. Kurosad handled the prosecution of this case for the government.
Federal Jury Convicts Hope Mills and Fayetteville Residents for Bank FraudRead the Press Release
NEW BERN – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that yesterday, AMONI BROWN, 20, of Hope Mills, NC, and DONNELL MARIO BRATTON, 38, of Fayetteville, NC, were convicted following a three-day jury trial before United States District Judge Louise W. Flanagan. The jury found BROWN guilty of one count of conspiracy to commit bank fraud and two counts of bank fraud and aiding and abetting. The jury found BRATTON guilty of one count of conspiracy to commit bank fraud and five counts of bank fraud and aiding and abetting.
The evidence at trial showed that in September 2016, BROWN and a co-conspirator deposited over $6,700.00 in stolen and altered checks into BROWN’s bank account and subsequently withdrew approximately $3,900.00 from the account. Similarly, the evidence showed that in January 2017, over a three week period, BRATTON and a co-conspirator, deposited over $47,000.00 in stolen and altered checks into BRATTON’s bank account and subsequently withdrew or attempted to withdraw over $37,000.00 from the account.
The sentencing hearings for BROWN and BRATTON are tentatively set for the December 2018 term of court. The statutory maximum penalties for each count of conspiracy to commit bank fraud and bank fraud are the same: 30 years imprisonment, a $1,000,000 fine, and 5 years supervised release. At the time of sentencing, the actual sentence received will be calculated according to the federal sentencing guidelines and imposed by the United States District Judge.
The investigation of this case was conducted by the United States Postal Inspection Service. Assistant United States Attorneys Melissa Kessler and Felice McConnell Corpening represented the government in this case.
North Carolina Man Pleads Guilty to Providing Material Support to a Foreign Terrorist OrganizationRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that on August 22, 2018, in federal court, BASIT JAVED SHEIKH pled guilty to attempting to provide material support and resources to a foreign terrorist organization in violation of Title 18, United States Code, Section 2339B. Specifically, SHEIKH pled guilty to attempting to provide material support and resources to Jabhat al-Nusrah, which the United States Secretary of State has identified as an alias name for al-Qa’ida in Iraq, a designated Foreign Terrorist Organization. In pleading guilty SHEIKH acknowledged that, since he is not a natural born citizen of the United States, he faces possible automatic removal from the United States.
SHEIKH was initially charged by criminal complaint, and subsequently by Criminal Indictment filed November 5, 2013. At the time of indictment, SHEIKH was a 34 year-old from Pakistan who had been living for years in the United States as a legal permanent resident. The affidavit to the complaint describes multiple Facebook postings by SHEIKH occurring in 2013 and expressing support for Jahbat al-Nusrah. SHEIKH posted articles acknowledging that Jahbat al-Nusrah had been designated by the United States as a terrorist organization.
As detailed within the affidavit, SHEIKH utilized Facebook to propagate the violent ideology of Islamic Extremism. In mid-2013, SHEIKH sought out a relationship with an individual online whom he believed could assist him in travelling to Syria in support of violent jihad. This individual informed SHEIKH of another person described as a member of Jabhat al-Nusrah able to assist SHEIKH. In reality, both of these individuals were working with and for the FBI. SHEIKH reached out to the individual he believed to be a Jabhat al-Nusrah member and expressed his desire to travel to Syria in order to “help the mujahideen…in any way I can.” When asked how he wanted to help, SHEIKH responded “logistics, media, fight too, God willing.” Despite the FBI covert employee stating to SHEIKH that fighting was not for everyone, SHEIKH replied that that he was “serious” and that he was ready to be a martyr.
Believing that the FBI covert employee would be able to assist in smuggling him from Lebanon into Syria, SHEIKH purchased a one-way ticket with a final destination of Lebanon and a departure from Raleigh-Durham Airport on November 2, 2013. On that date, SHEIKH traveled to Raleigh-Durham Airport, obtained a boarding pass, checked in luggage, and proceeded through the security screening en route to his gate of departure. SHEIKH was arrested prior to boarding his flight.
Mr. Higdon commented: “The defendant’s interest in advancing an extremist ideology and his willingness to take steps to advance violence in support of that ideology is a chilling reminder of ongoing radicalization in our midst. It remains a priority for the Justice Department to pursue and prosecute those who would advance terrorism at home and abroad.”
The applicable maximum statutory penalty for this crime is 15 years imprisonment, a $250,000 fine, and 3 years supervised release. The actual sentence would be determined by the sentencing court after consideration of the plea agreement, the advisory sentencing guidelines, and all appropriate facts and circumstances.
Investigation of this case was conducted by the Federal Bureau of Investigation, Charlotte Division, Resident Agency Joint Terrorism Task Force (JTTF). Assistant United States Attorney Jason Kellhofer is representing the government in this case.
Four Aliens Indicted on Illegal Reentry Charges and Unlawful Flight to Avoid ProsecutionRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned indictments charging JUAN CHAVEZ-MORALES, age 42, of Mexico, GUADALUPE VASQUEZ, age 34, of Mexico, and VICTOR RODOLFO RIOS-LOPEZ, age 30, of Mexico, with illegal reentry of a deported alien.
Additionally, a federal grand jury in Raleigh has returned an indictment charging JESUS MENDEZ-ROCHA, age 40, of Mexico, with unlawful flight to avoid prosecution.
If convicted of illegal reentry of a deported alien, CHAVEZ-MORALES, previously deported three times and found in Johnston County, would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of illegal reentry subsequent to a felony conviction, VASQUEZ, previously deported four times and found in New Hanover County after being convicted of possession/purchase for sale narcotic/controlled substance, and RIOS-LOPEZ, previously deported three times and found in Wake County after being convicted of reentry of a previously removed alien, would face a maximum imprisonment term of 10 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.
According to a criminal complaint, MENDEZ-ROCHA was wanted in Brunswick County on charges of Incest and Sex Acts by a Substitute Parent. Court records further indicate that MENDEZ-ROCHA had returned to Mexico soon after being confronted with the allegations. MENDEZ-ROCHA was charged in a criminal complaint with unlawful flight to avoid prosecution after being arrested by the United States Border Patrol under the name “Jesus Mendez-Bellanira” for illegally entering into the United States. If convicted, MENDEZ-ROCHA would face a maximum imprisonment term of 5 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
The cases are being investigated by ICE’s Enforcement and Removal Operations and the United States Marshals Service.
Federal Jury Convicts Raleigh Man on Federal Drug and Firearms ChargesRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that, ANDREW HARGETT, JR. 46, of Raleigh, NC, was convicted in federal court following a two day jury trial before Chief United States District Judge James C. Dever III. The jury found HARGETT guilty of possession with the intent to distribute 500 grams or more of cocaine, possession with the intent to distribute cocaine and crack cocaine, possession of a firearm in furtherance of a drug trafficking crime, and felon in possession of a firearm.
The evidence presented at trial established that HARGETT regularly traveled to Atlanta, Georgia to obtain kilogram amounts of cocaine and transported them back to Raleigh, North Carolina for distribution. The investigation resulted in the seizure of over 2 ½ kilograms of cocaine, crack cocaine, $142,000.00 and a firearm.
At sentencing set for the November 26, 2018 term of court, HARGETT faces not less than 15 years imprisonment and up to life imprisonment followed by 5 years of supervised release and up to an 8 million dollar fine.
The case was investigated by the Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), Nash County Sheriff’s Office, Wilson Police Department, Raleigh Police Department, and the Rocky Mount Police Department. Assistant United States Attorney James Kurosad prosecuted the case on behalf of the United States
Justice Department, DEA Propose Significant Opioid Manufacturing Reduction in 2019Read the Press Release
WASHINGTON -- The Department of Justice and U.S. Drug Enforcement Administration (DEA) have proposed a reduction for controlled substances that may be manufactured in the U.S. next year. Consistent with President Trump’s “Safe Prescribing Plan” that seeks to “cut nationwide opioid prescription fills by one-third within three years,” the proposal decreases manufacturing quotas for the most six frequently misused opioids for 2019 by an average ten percent as compared to the 2018 amount. The Notice of Proposed Rulemaking (NPRM) marks the third straight year of proposed reductions, which help reduce the amount of drugs potentially diverted for trafficking and used to facilitate addiction.
On July 11, 2018, the Justice Department announced that DEA was issuing a final rule amending its regulations to improve the agency’s ability consider the likelihood of whether a drug can be diverted for abuse when it sets annual opioid production limits. The final rule also promotes greater involvement from state attorneys general, and today’s proposed reduction will be sent to those offices.
In setting the aggregate production quote (APQ), DEA considers data from many sources, including estimates of the legitimate medical need from the Food and Drug Administration; estimates of retail consumption based on prescriptions dispensed; manufacturers’ disposition history and forecasts; data from DEA’s own internal system for tracking controlled substance transactions; and past quota histories.
The DEA has proposed to reduce more commonly prescribed schedule II opioids, including oxycodone, hydrocodone, oxymorphone, hydromorphone, morphine, and fentanyl:
Ultimately, revised limits will encourage vigilance on the part of opioid manufacturers, help DEA respond to the changing drug threat environment, and protect the American people from potential addictive drugs while ensuring that the country has enough opioids for legitimate medical, scientific, research, and industrial needs.
"The opioid epidemic that we are facing today is the worst drug crisis in American history," Attorney General Jeff Sessions said. "President Trump has set the ambitious goal of reducing opioid prescription rates by one-third in three years. We embrace that goal and are resolutely committed to reaching it. According to the National Prescription Audit, we have already made significant progress in reducing prescription rates over the past year. Cutting opioid production quotas by an average of ten percent next year will help us continue that progress and make it harder to divert these drugs for abuse. The American people can be confident that federal law enforcement and the Trump administration are taking action to protect them from dangerous drugs. These smarter limits bring us one big step closer to President Trump's goal of finally ending this unprecedented crisis. I congratulate Acting Administrator Uttam Dhillon and his team for taking action.”
“We’ve lost too many lives to the opioid epidemic and families and communities suffer tragic consequences every day,” said DEA Acting Administrator Uttam Dhillon. “This significant drop in prescriptions by doctors and DEA’s production quota adjustment will continue to reduce the amount of drugs available for illicit diversion and abuse while ensuring that patients will continue to have access to proper medicine.”
“I share the sentiments of our Attorney General that we face an unprecedented crisis. I am appalled by the tragic loss of so many lives in our state. We are defined as a nation by our response to crisis. As such, I wholeheartedly support and commend the efforts of the Department of Justice and the Drug Enforcement Administration to reduce the availability of opioids available for illegal distribution and abuse. As we struggle to come to grips with the enormity of the opioid threat in our state and in our nation, we recognize that we must employ a ‘whole-of-government approach’ to end this crisis. Therefore, I will continue to commit the full resources of the United States Attorney’s Office for the Eastern District of North Carolina to address this threat and to protect the citizens we serve by vigorous enforcement of our laws.”
Once the aggregate quota is set, DEA allocates individual manufacturing and procurement quotas to those manufacturers that apply for them. DEA may revise a company’s quota at any time during the year if change is warranted due to increased or decreased sales or exports, new manufacturers entering the market, new product development, or product recalls.
When Congress passed the Controlled Substances Act, the quota system was intended to reduce or eliminate diversion from “legitimate channels of trade” by controlling the quantities of the basic ingredients needed for the manufacture of controlled substances.
The Proposed Aggregate Production Quotas for schedule I and II controlled substances published in the Federal Register reflects the total amount of controlled substances necessary to meet the country’s medical, scientific, research, industrial, and export needs for the year and for the establishment and maintenance of reserve stocks. DEA establishes an APQ for more than 250 schedule I and II controlled substances annually.
In 2016, the Centers for Disease Control and Prevention issued guidelines to practitioners recommending a reduction in the prescribing of opioid medications for chronic pain. DEA and its federal partners have increased efforts in the last several years to educate practitioners, pharmacists, manufacturers, distributors, and the public about the dangers associated with the misuse of opioid medications and the importance of proper prescribing.
Fraudsters in Eastern, North Carolina Beware! U.S. Immigration and Customs Enforcement, Homeland Security Investigations (HSI) has Identified Raleigh as an Expansion Site to Create a New Document and Benefit Fraud Task Force (DBFTF)Read the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announced today that his Office is “proud to partner with Homeland Security Investigations and other top-tier law enforcement agencies to pursue benefit fraud investigations and prosecutions. Immigration fraud is a significant national problem, and we need to address it with all available resources."
Established in April 2006, these task forces, known as DBFTFs focus their efforts on detecting, deterring and disrupting both benefit fraud and document fraud. Investigators from a variety of agencies with expertise in different aspects of document and benefit fraud collaborate with U.S. Attorney’s Offices around the country to formulate a comprehensive approach in targeting the criminal organizations and the beneficiaries behind these fraudulent schemes.
“Immigration benefit fraud harms everyone who seeks to enter the United States lawfully by cluttering the system with fraudulent applications,” said Homeland Security Resident Agent in Charge Brian Padian. “Benefit fraud wastes government resources better spent on adjudicating legitimate applications. Document and benefit fraud task forces allow HSI/ICE to partner with federal, state, and local agencies to combat immigration fraud, protect the integrity of the immigration system, and punish those who profit from promoting fraudulent schemes.”
ICE partners with the U.S. Citizenship and Immigration Services (USCIS), U.S. Department of State, U.S. Department of Labor, Social Security Administration, and various state and local law enforcement agencies on these task forces.
“This task force expansion is another example of a DHS-wide effort to combat fraud” said Roxroy Collins, USCIS Atlanta District, Fraud Detection and National Security Chief. “Immigration fraud undermines the integrity and fairness of our immigration system and can provide dangerous individuals access to our country. Together with our DHS colleagues, we are committed to holding those accountable that commit fraud to enter or remain in the United States as well as on those who prey on immigrants with the false promise of services and benefits.”
“Passport and visa fraud are potential threats to our national security. United States passports and visas are among the most coveted documents in the world. Terrorists and criminals could use fraudulent passports and visas to enter the United States to commit acts of violence. Travel document fraud makes the United States more vulnerable to crime and terrorism, plain and simple,” said David Monroe, Resident Agent in Charge of the U.S. State Department’s Diplomatic Security Service.
Supporting these DBFTFs is ICE’s Forensic Document Laboratory, the only federal crime laboratory dedicated to the forensic examination of travel and identity documents, and its Cyber Crimes Center, and USCIS’ Office of Fraud Detection and National Security.
DBFTFs currently operate in 17 major cities including Atlanta, Baltimore, Boston, Chicago, Dallas, Denver, Detroit, Los Angeles, Miami, New York, Newark, Philadelphia, Phoenix, Saint Paul, San Francisco, Tampa, Washington, D.C./Northern Virginia, and now Raleigh, North Carolina.
During the 2017 fiscal year alone, Homeland Security Investigations initiated more than 601 criminal investigations that resulted in 459 indictments and 445 criminal arrests, along with 254 convictions and seizures totaling $5,911,875.
Document fraud refers to the manufacture, sale, or use of counterfeit identity documents such as fake driver’s licenses, birth certificates, Social Security cards or passports – for immigration fraud or other criminal activity. Document fraud also involves efforts to obtain genuine identity documents through fraudulent means and often supports the crime of benefit fraud.
Benefit fraud refers to the misrepresentation or omission of material facts on applications to obtain immigration benefits the beneficiary is not entitled to, such as U.S. citizenship, adjustment of status, employment, or visas. Because these benefits provide the ability to freely enter, work or reside in this country, they are highly valued by illegal aliens, terrorists, and other criminals.
Using fake documents and making false statements to obtain government benefits and vote in the United States is a threat to national security and undermines the principles, integrity, and fairness of all government institutions, programs, and our national immigration system. The coordinated interagency efforts of the DBFTF in Raleigh, North Carolina, will help prevent future abuses, while enabling the identification of criminals who make false statements, and utilize and manufacture false documentation.
United States Attorney Announces the Appointment of Two New Federal ProsecutorsRead the Press Release
RALEIGH – United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced the appointment of two new federal prosecutors.
Chad Rhoades most recently served as legal counsel to United States Senator Thom Tillis handling issues related to criminal and constitutional law. He is a graduate of North Carolina State University and the Campbell University School of Law. Mr. Rhoades will be assigned to the Violent Crime Section within the United States Attorney’s Office.
Lori Warlick will serve the District as a Special Assistant United States Attorney from her position as a Trial Attorney, Appellate, in the Civil Division’s Office of Immigration Litigation. She previously clerked at the Miami Immigration Court. She is a Raleigh native and graduated from North Carolina Central University School of Law in 2007. She will be assigned primarily to the Civil Division within the United States Attorney’s Office and will also assist with immigration-related criminal prosecutions.
“It’s my privilege to lead an office filled with incredibly talented and dedicated people who work tirelessly to carry out our mission of justice and fulfill our promises to the people of the Eastern District to reduce violent crime and reduce drug trafficking levels,” said U.S. Attorney Higdon. “We are proud to welcome these fine individuals to our office. I know they will make an immediate impact in our District and serve the citizens of the United States with honor and distinction.”
Federal Jury Convicts Wilson Man of Drug PossessionRead the Press Release
NEW BERN – United States Attorney Robert J. Higdon, Jr. announced that, BONDURANT AKEEM RUFFIN, 34, of Wilson, NC, was convicted in federal court following a three day jury trial before United States District Judge Louise W. Flanagan. The jury found RUFFIN guilty of possession with the intent to distribute 500 grams or more of cocaine and 28 grams or more of cocaine base (crack).
According to the evidence presented at trial, on November 24, 2016, the Wilson Police Department began investigating a vehicle break-in. They utilized a canine to track the vehicle break-in suspect which led them to RUFFIN who was standing near a handicap ramp at a home. Officers observed a bag underneath the handicap ramp near to where RUFFIN was standing. The bag contained 879 grams of powder cocaine and 74 grams of cocaine base (crack). This bag also contained a digital scale, a spoon and packaging materials. At the time of his arrest, RUFFIN possessed over $2,000 in U.S. currency.
Investigation of this case was conducted by the Wilson Police Department. Assistant United States Attorney Dena King and Special Assistant United States Attorney James Saunders represented the government. Mr. Saunders is a prosecutor with the Prosecutorial District 3-A District Attorney’s Office encompassing Pitt County. District Attorney Kimberly Robb has assigned him to the United States Attorney’s Office to prosecute federal Organized Crime Drug Enforcement Task Force criminal matters.
Justice Department Secures the Denaturalization of Individual Convicted of Sexual Abuse by a Substitute Parent/CustodianRead the Press Release
RALEIGH – United States Attorney Robert, J. Higdon, Jr., the U.S. Department of Justice, U.S. Immigration and Customs Enforcement (ICE) and U.S. Citizenship and Immigration Services (USCIS) jointly announced that on August 8, 2018, Chief Judge James C. Dever III of the U.S. District Court for the Eastern District of North Carolina entered an order that revoked the naturalized U.S. citizenship of a child sex offender, restrained and enjoined him from claiming any rights, privileges, or advantages of U.S. citizenship, and ordered him to immediately surrender and deliver his Certificate of Naturalization and any other indicia of U.S. citizenship to federal authorities. The court found that prior to naturalizing, Agyemang engaged in sexual abuse of his minor stepchild, for which he was later convicted after pleading guilty. This prior conduct rendered Agyemang ineligible U.S. citizenship because he did not show the moral conduct necessary for naturalization. Additionally, throughout his naturalization proceedings Agyemang misrepresented and hid his unlawful activity.
Mr. Higdon commented: “Under our laws, United States citizenship is conferred on those who demonstrate honesty and integrity, who respect our laws, and who can demonstrate the moral character necessary to be a positive and cultivating member of American society. The defendant fell short of that mark in every regard and we are satisfied that this Court saw fit to revoke his naturalized citizenship. As part of the Justice Department’s mission to enforce the nation’s immigration laws, we will seek denaturalizations in cases where individuals are dishonest and where criminal activity demonstrated the lack of moral character necessary for American citizenship.”
“The Justice Department is committed to preserving the integrity of our nation’s immigration system and the propriety of the government’s adjudication of immigration benefits,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “We will aggressively pursue the denaturalization of individuals who lie on their naturalization applications or lie during the naturalization interview, especially in a circumstance like this one, which involved an alien who repeatedly sexually abused the minor victim on almost a daily basis.”
Prempeh Ernest Agyemang, a native of Ghana, was admitted to the United States in 1989. Agyemang then married a United States citizen who had a young child. When the child was in fourth grade, Agyemang began sexually abusing her starting in late 1999 or early 2000. Notably, after the sexual abuse began, while under oath during his naturalization interview, Agyemang stated that he had never committed a crime or offense for which he was not arrested. Relying on this answer, USCIS granted his naturalization application and Agyemang became a U.S. citizen later that year. On November 5, 2003, Mr. Agyemang pleaded guilty to sexually assaulting his minor stepchild on April 1, 2000. Specifically, Mr. Agyemang pleaded guilty to Sexual Activity by a Substitute Parent or Custodian.
“This order sends a clear message to individuals who commit any type of sexual offense, particularly those involving children, during the naturalization process – we will investigate you and seek you out to ensure that justice is done,” said Acting ICE Director Ronald D. Vitiello. “ICE will continue to work with our partners at the Justice Department’s Office of Immigration Litigation – District Court Section to hold individuals responsible for sexual offenses, especially those involving child victims.”
“Mr. Agyemang repeatedly sexually abused a minor child and then lied about the sexual abuse to obtain naturalization," said USCIS Director L. Francis Cissna. "By doing so, he threatened to undermine the hard work our officers do every day to protect the integrity of the immigration system. USCIS is glad to see him held accountable and applauds our partners at the Justice Department for helping bring him to justice.”
This case was investigated by ICE Homeland Security Investigations and the Civil Division’s Office of Immigration Litigation, District Court Section (OIL-DCS). The case was litigated by John Inkeles of OIL-DCS, with support from ICE Assistant Chief Counsel Cori White, Gaston County District Attorney Locke Bell, and the United States Attorney’s Office for the Eastern District of North Carolina.
Justice Department Secures Denaturalization of Guardian Convicted of Sexual Abuse of A MinorRead the Press Release
On Aug. 8, Chief Judge James C. Dever III of the U.S. District Court for the Eastern District of North Carolina entered an order that revoked the naturalized U.S. citizenship of a child sex offender; restrained and enjoined him from claiming any rights, privileges, or advantages of U.S. citizenship; and ordered him to immediately surrender and deliver his Certificate of Naturalization and any other indicia of U.S. citizenship to federal authorities.
“The Justice Department is committed to preserving the integrity of our nation’s immigration system and the propriety of the government’s adjudication of immigration benefits,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “We will aggressively pursue the denaturalization of individuals who lie on their naturalization applications or lie during the naturalization interview, especially in a circumstance like this one, which involved an alien who repeatedly sexually abused the minor victim on almost a daily basis.”
“Under our laws, United States citizenship is conferred on those who demonstrate honesty and integrity, who respect our laws, and who can demonstrate the moral character necessary to be a positive and cultivating member of American society,” said U.S. Attorney Robert J. Higdon. “The defendant fell short of that mark in every regard and we are satisfied that this Court saw fit to revoke his naturalized citizenship. As part of the Justice Department’s mission to enforce the nation’s immigration laws, we will seek denaturalization in cases where individuals are dishonest and where criminal activity demonstrated the lack of moral character necessary for American citizenship.”
Prempeh Ernest Agyemang, a native of Ghana, was admitted to the United States in 1989. Agyemang then married a United States citizen who had a young child. When the child was in fourth grade, Agyemang began sexually abusing her starting in late 1999 or early 2000. Notably, after the sexual abuse began, while under oath during his naturalization interview, Agyemang stated that he had never committed a crime or offense for which he had not been arrested. Relying on this answer, U.S. Citizenship and Immigration Services (USCIS) granted his naturalization application and Agyemang became a U.S. citizen later that year. On Nov. 5, 2003, Mr. Agyemang pleaded guilty to sexually assaulting his minor stepchild on April 1, 2000. Specifically, Agyemang pleaded guilty to sexual activity by a Substitute Parent or Custodian.
“This order sends a clear message to individuals who commit any type of sexual offense, particularly those involving children, during the naturalization process – we will investigate you and seek you out to ensure that justice is done,” said U.S. Immigration and Customs Enforcement (ICE) Acting Director Ronald D. Vitiello. “ICE will continue to work with our partners at the Justice Department’s Office of Immigration Litigation – District Court Section to hold individuals responsible for sexual offenses, especially those involving child victims.”
"Mr. Agyemang repeatedly sexually abused a minor child and then lied about the sexual abuse to obtain naturalization," said USCIS Director L. Francis Cissna. "By doing so, he threatened to undermine the hard work our officers do every day to protect the integrity of the immigration system. USCIS is glad to see him held accountable and applauds our partners at the Justice Department for helping bring him to justice.”
This case was investigated by ICE Homeland Security Investigations and the Civil Division’s Office of Immigration Litigation, District Court Section (OIL-DCS). The case was litigated by John Inkeles of OIL-DCS, with support from ICE Assistant Chief Counsel Cori White, Gaston County District Attorney Locke Bell, and the United States Attorney’s Office for the Eastern District of North Carolina.
Wilmington Gang Member Sentenced to More Than 8 Years for Heroin Distribution and Weapon ViolationsRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that, Chief United States District Judge James C. Dever III sentenced DIQUELLE SWEET, 22, of Wilmington to 105 months of imprisonment followed by 3 years of supervised release.
On May 1, 2018, SWEET entered a plea of guilty to Conspiracy to Distribute and Possess with Intent to Distribute a Quantity of Heroin, five counts of Distribution of a Quantity of Heroin, and to Possession of a Firearm by a Felon.
Between April 2015 and October 2017, DIQUELLE SWEET, Deandre Sweet, Kyeric Sweet and others were responsible for the distribution of significant amounts of heroin in the Wilmington, NC area. Law enforcement responded by targeting SWEET, a validated gang member, and his co-conspirators for investigation and prosecution.
From June of 2017 through August of 2017, officers of the Wilmington Police Department Gang Unit made five undercover purchases of heroin from SWEET.
SWEET was also the subject of other criminal investigations. On June 27, 2017, witnesses reported that SWEET was involved in a shootout with another individual who SWEET shot in the chest.
On October 10, 2017, Bladen County Sheriff’s deputies and Elizabethtown police officers conducting a license checkpoint encountered a car occupied by SWEET. The driver failed to stop the car at the checkpoint. Once stopped by law enforcement the car was searched and two loaded firearms were found. SWEET had previously been convicted of a felony and was prohibited from possessing a firearm.
On October 11, 2017, New Hanover County Detectives observed a hand-to-hand exchange of drugs between SWEET and another individual. When detectives attempted to conduct a traffic stop on the vehicle driven by SWEET, SWEET drove over a curb, onto the sidewalk and crashed into another vehicle before coming to a stop. SWEET then fled on foot before being apprehended in possession of $2,945 in U.S. currency. The driver of the second vehicle was injured and transported to Cape Fear Memorial Hospital for treatment.
This case is part of the Take Back North Carolina Initiative, which was newly implemented by United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
This investigation was conducted by the Wilmington Police Department Gang Unit and the Federal Bureau of Investigation’s Safe Street’s Task Force, New Hanover and Bladen County Sheriffs’ Offices and the Elizabethtown Police Department. Assistant United States Attorney Timothy M. Severo handled the prosecution of this case for the government.
Whiteville Man Sentenced for Drug OffenseRead the Press Release
NEW BERN – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, LEROY MOORE, JR., 31, of Whiteville, North Carolina, was sentenced by United States District Judge Louise W. Flanagan to 60 months imprisonment followed by 5 years of supervised release.
MOORE was named in a two-count Superseding Indictment on November 29, 2017. On January 24, 2018, MOORE pled guilty to Possession with Intent to Distribute 28 Grams or More of Cocaine Base (Crack).
On July 1, 2014, deputies with the Columbus County Sheriff's Office conducted a license check point at an intersection in Whiteville. A Deputy made contact with a vehicle which was being driven by MOORE. The deputies detected an odor of marijuana emanating from the vehicle and noticed smoke coming from the vehicle’s center console. When asked about the smell of marijuana, MOORE stated he had just extinguished his “blunt.” During a search of MOORE’S person, several pieces of cocaine base (crack) fell from MOORE'S pants leg. MOORE also possessed three plastic bags containing cocaine base. During a search of MOORE’S vehicle, several pieces of cocaine base, digital scales, an empty pill bottle, and .42 grams of marijuana were recovered. Laboratory analysis of the cocaine base that was recovered confirmed the total weight to be approximately 29 grams of cocaine base (crack).
This case is part of the United States Attorney’s Office’s Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Columbus County Sheriff’s Office, the North Carolina Crime Laboratory, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney S. Katherine Burnette handled the prosecution of this case for the government.
Texas Woman Sentenced to Prison for Sending Murder Threats to Ft. Bragg Soldier over Internet Messaging ApplicationsRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today in federal court Chief United States District Judge James C. Dever III, sentenced TANYATORN GHANJANASAK, 35, of Texas to serve one year and one day in federal prison, followed by three years of supervised release, upon conviction for Interstate Threats to Injure. GHANJANASAK previously pleaded guilty to the charge on March 5, 2018.
According to the Indictment and evidence presented at sentencing, in 2015 GHANJANASAK’s then husband, D.C., began receiving threatening text messages over his cell phone. D.C., a soldier stationed at Ft. Bragg, could not determine who was sending the threats, as they appeared to come from various unknown numbers.
In 2016, while vising with GHANJANASAK at her residence in Ohio, D.C. attempted to drive his car, but discovered that the brake lines had been cut. Also while in Ohio with GHANJANASAK, D.C. became ill and felt that he had been drugged.
Shortly thereafter, in January of 2017, GHANJANASAK sent D.C. an anonymous message claiming that she had tried to kill D.C., and that “the brakes and the poisons were me and you dumb ass can’t figure it out.” Following this threat in February of 2017, GHANJANASAK transmitted a message to D.C. stating, “There’s a surprise coming for you which is to die for [smiley face emoticon]. I hope you like it.” The next weekend, while vising with GHANJANASAK in Ohio, D.C. suffered a second incident where he felt that he had been drugged, and almost fell down a flight of stairs. GHANJANASAK sent an anonymous message immediately after this event stating, “Did you like your beer?!?!?!?!?”. GHANJANASAK also sent various other threats to murder D.C. and two other individuals, over a period of several months. At sentencing the Court found that GHANJANASAK had engaged in the above described conduct, thereby evidencing an intent to carry out her threats.
The FBI engaged in an investigation which ultimately revealed that GHANJANASAK was transmitting the threatening communications to D.C. and others using anonymous messaging applications from her home and workplace. GHANJANASAK had a medical degree and was practicing medicine at the time of these events.
The investigation of this case was conducted by the Federal Bureau of Investigation. Assistant United States Attorney William M. Gilmore represented the government in this case.
Plymouth Man Sentenced to More Than 10 Years After Conviction of Robbery and Firearm OffenseRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, WILLIAM EDWARD WHITE, 34, of Plymouth, was sentenced by Chief United States District Judge James C. Dever, III for Hobbs Act robbery and brandishing a firearm in furtherance of a crime of violence. Judge Dever sentenced WHITE to 129 months imprisonment followed by 5 years of supervised release.
WHITE was charged in a two-count indictment on August 16, 2017 and pled guilty to those charges on April 19, 2018.
In the early morning of October 25, 2016, WHITE waited outside of Friendly Check Cashing in Elizabeth City, North Carolina. As an employee arrived and entered the rear door, WHITE pushed his way through the door behind the employee, pointing a handgun at her. He forced the employee into the main room where the safe was kept and threatened to shoot her if she did not open the safe quickly. While the employee was attempting to open the safe, WHITE struck the employee on the back of the head with the firearm. Once the employee had opened the safe, WHITE removed $45,500 in U.S. Currency. Before he left, WHITE bound the employee using duct tape, tearing the tape from the roll with his teeth. Detectives later identified WHITE as a suspect based on a match between his DNA and DNA isolated from the torn duct tape. When later questioned by authorities, WHITE admitted his involvement.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop
The investigation of this case was conducted by the Elizabeth City Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Assistant United States Attorney Jake D. Pugh represented the government in this case.
Nash County Man Sentenced for Voting by an AlienRead the Press Release
GREENVILLE – Robert J. Higdon, Jr., the United States Attorney for the Eastern District of North Carolina, announces the sentencing of ROBERTO HERNANDEZ-CUARENTA, age 57, of Zebulon, North Carolina, for two counts of Voting by Alien. HERNANDEZ-CUARENTA was sentenced to time served on both counts which is four months of imprisonment.
On November 6, 2012 and November 8, 2016, HERNANDEZ-CUARENTA, knowing he was not a United States Citizen, did knowingly vote in two elections held in part for the purpose of electing a candidate for the Office of President, Vice President, and Member of the House of Representative.
The evidence presented at sentencing showed that the defendant was granted a Special Agricultural Worker application in June of 1992. He was subsequently given legal and permanent resident status as a seasonal agricultural worker. However, HERNANDEZ-CUARENTA was never naturalized as a United States Citizen and there are no pending applications or petitions on behalf of the defendant for United States Citizenship. HERNANDEZ-CUARENTA is a citizen of Mexico.
Mr. Higdon commented: “The right to vote is a precious privilege available only to citizens of the United States. When a non-citizen votes in a federal election it serves to dilute and devalue the vote of American citizens and places the decision making authority of the American electorate in the hands of those who have no right to make those choices. My office will do its part to protect the rights of every American citizen to cast their vote freely and to have it counted fairly.” There are no pending applications or petitions on behalf of the defendant for United States citizenship.
The case was investigated by the North Carolina Board of Elections and the Homeland Security Investigation Raleigh Office. Assistant United States Attorney Ethan Ontjes is handling the case for the government.
Fourth Circuit Court of Appeals Affirms Deadly Heroin Distribution Conviction and 324-Month SentenceRead the Press Release
RALEIGH- United States Attorney Robert J. Higdon, Jr., announced that yesterday the United States Court of Appeals for the Fourth Circuit affirmed the conviction and sentence of ELTON WAYNE WALSTON, age 67, of Wilson, North Carolina, who was sentenced by United States District Judge Louise W. Flanagan to 324 months’ imprisonment and 3 years’ supervised release.
In 2015, the Wilson Police Department and Drug Enforcement Administration (DEA), Raleigh, North Carolina, identified WALSTON as a source of heroin in the Wilson, Greenville, and Nash County areas. Investigation confirmed that the defendant sold heroin on multiple occasions, including a March 2015 sale that led to the death of a Wilson man.
SARAH ANNE MOLLENHAUER, 33, of Anthem, Arizona, pleaded guilty to a Superseding Criminal Information on November 15, 2016 that charged her with distribution of a quantity of heroin and aiding and abetting. She was sentenced to 45 months’ imprisonment and 3 years’ supervised release for her role in facilitating the sale of heroin that led to the victim’s death. MOLLENHAUER testified during WALSTON’s June 2017 trial.
The trial evidence showed that on March 26, 2015, MOLLENHAUER and the victim used heroin obtained from WALSTON. The next morning, MOLLENHAUER notified the mother of the victim that her son was not breathing and that he was at his brother’s residence on Dover Road in Wilson. At the scene, officers located and questioned MOLLENHAUER. Specifically, MOLLENHAUER advised that she and the victim “hung out” on the evening of March 26, 2015. Furthermore, MOLLENHAUER advised that she left the victim around 12:30am on March 27, 2015, to meet her boyfriend. MOLLENHAUER returned to the residence with her boyfriend, a nurse, to check on the victim who was lying on the floor with his eyes closed and breathing heavily. MOLLENHAUER and her boyfriend left the residence at 1:30am. MOLLENHAUER indicated she returned at 5:30am to again check on the victim’s condition. At that time, she found the victim lying on the bathroom floor and not breathing. He was pronounced dead on the scene by responding EMS personnel at 6:21 am. Based on this and other evidence, a jury found WALSTON guilty of one count of distributing heroin that resulted in the death; one count of possession with intent to distribute heroin; one count of illegally possessing a firearm and ammunition; and four counts of distribution of heroin.
WALSTON appealed to the United States Court of Appeals for the Fourth Circuit, arguing that limitations on his cross-examination of MOLLENHAUER violated his constitutional right to confront his accusers. The Fourth Circuit Court of Appeals, however, explained that the district court “properly allowed WALSTON to investigate the witness’ motivation during cross-examination without bringing out the exact penalties” she would have faced if convicted of distribution of heroin resulting in death. Accordingly, the Fourth Circuit affirmed WALSTON’s conviction and sentence.
U.S. Attorney Higdon commented: “I am pleased that the Fourth Circuit Court of Appeals has affirmed this conviction and sentence as we continue to try to stem the tide of drug distribution and death from overdose in the Eastern District of North Carolina. This was the first Eastern District of North Carolina prosecution using the drug-distribution-resulting-in-death statutory enhancement, but sadly it will not be the last. Our district, like those across the nation, has seen an increase in opioid overdoses and deaths, and we are committed to using all the tools available to make our community a safer place.”
The case was investigated by the DEA Raleigh Resident Office, Wilson Police Department, North Carolina State Office of the Chief Medical Examiner, the North Carolina State Bureau of Investigations Crime Lab, and the Bureau of Alcohol Tobacco and Firearms (ATF). The federal prosecution was handled by Assistant United States Attorney Edward D. Gray. The appeal was handled by Assistant United States Attorney Kristine L. Fritz.
The United States Court of Appeals for the Fourth Circuit hears appeals from the nine federal district courts located in North Carolina, South Carolina, Virginia, Maryland, and West Virginia, as well as from federal administrative agencies. More information about the Court can be found on its website, http://www.ca4.uscourts.gov. The Court’s opinion in this case can be found at: http://www.ca4.uscourts.gov/opinions/174683.U.pdf, and the United States Attorney’s previous press releases regarding this case can be found at https://www.justice.gov/usao-ednc/pr/wilson-city-drug-trafficker-found-guilty-heroin-distribution-resulted-death and https://www.justice.gov/usao-ednc/pr/wilson-drug-trafficker-sentenced-after-conviction-deadly-heroin-distribution.
Six Aliens Indicted on Illegal Reentry ChargesRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned indictments charging HECTOR MOLINA-PENA, age 34, of Mexico, ELMER PEREZ-MARROQUIN, age 43, of Guatemala, ANTONIO PLATA-PONCE, age 35, of Mexico, GERARDO RODRIGUEZ-ARIAS, age 31, of Mexico, CARLOS HERNANDEZ-ROMERO, age 33, of Mexico, and JULIO NOYOLA-CAMPOS, age 38, of Mexico, with illegal reentry of a deported alien.
If convicted of illegal reentry of an alien, MOLINA-PENA, previously deported four times and found in Wake County, PEREZ-MARROQUIN, previously deported three times and found in Wilson County, PLATA-PONCE, previously deported three times and found in Harnett County, and RODRIGUEZ-ARIAS, found in Wake County, would face a maximum imprisonment term of two years, a $250,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of illegal reentry subsequent to a felony conviction (possession of cocaine), HERNANDEZ-ROMERO, found in Nash County, would face a maximum imprisonment term of 10 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of illegal reentry subsequent to an aggravated felony (illegal and unlawful alien in possession of a firearm and illegal reentry), NOYOLA-CAMPOS, previously deported twice and found in Wake County, would face maximum penalties of 20 years imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
The cases are being investigated by ICE’s Enforcement and Removal Operations.
Raleigh Man and Durham Woman Charged with Fentanyl Conspiracy; Man Also Charged with Firearms OffensesRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, a federal grand jury has issued an indictment charging THORNTON LEWIS WATSON, IV, 24, of Raleigh and SHANTEVIA FAITH EVANS, 26, of Durham, with federal crimes. This operation was conducted as part of the Eastern District’s Take Back North Carolina Initiative, which is designed to target firearms- and opioid-related crimes through partnerships with the Wake County District Attorney’s Office and federal, state, and local law enforcement.
WATSON and EVANS were both charged with Conspiracy to Distribute and Possess with Intent to Distribute 4-Fluoroisobutyryl Fentanyl and Marijuana (Count One).
Additionally, WATSON was charged with Possession with Intent to Distribute 4-Fluoroisobutyryl Fentanyl (Count Two); Possession with Intent to Distribute Marijuana (Count Four); and Possession of a Firearm in Furtherance of a Drug Trafficking Crime (Counts Three and Five).
The charges and allegations contained in the Indictment are merely accusations. The defendants are considered innocent unless and until proven guilty in a court of law.
The Wake County Board of Alcohol Beverage Control (ABC) and the United States Postal Inspection Service (USPIS) conducted the criminal investigation of this case.
Raleigh Man Sentenced to 240 Months' Imprisonment in Federal Prison for Hobbys Act Robbery While Armed with a FirearmRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, DAVID KAREEM TURPIN, 45, of Raleigh, was sentenced by Chief United States District Judge James C. Dever III to 240 months imprisonment, followed by five years’ supervised release after the term of imprisonment.
TURPIN was charged in a five-count indictment on May 17, 2017 with three counts of Hobbs Act robbery and two counts of brandishing a firearm in furtherance of a federal crime of violence. TURPIN pleaded guilty to one count of Hobbs Act robbery and one count of brandishing a firearm in furtherance of a federal crime of violence.
The investigation arose following the robberies of businesses in Raleigh. On July 27, 2016, TURPIN entered a Wal-Mart store in Raleigh, abducted a manager at gunpoint, forced the manager to the safe room and stole $30,899.56 from the safe. On July 28, 2016, TURPIN entered a Food Lion in Raleigh, brandished a firearm and held the gun to an employee’s chest and stole $ 4,343.72. During the robbery, TURPIN threatened the clerk. During a July 25, 2016, robbery, TURPIN entered a Family Dollar store in Raleigh, brandished a firearm, and stole $204.00.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The investigation of this case was conducted by the Raleigh Police Department, and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Assistant United States Attorneys Peggah B. Wilson and Jane J. Jackson represented the government in this case.
North Carolina Man Sentenced for Immigration Fraud and Tax ChargesRead the Press Release
Raleigh – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that today, in federal court, HOUCINE GHOUL, was sentenced by Chief United States District Judge James C Dever III, to serve 24 months imprisonment, followed by deportation, for attempted unlawful procurement of naturalization and making a false statements on his tax return. GHOUL pleaded guilty to these charges on November 13, 2017.
GHOUL, a citizen of Tunisia, entered the U.S. in 2001 on a tourist visa. After overstaying his visa, GHOUL married a U.S. citizen, whom he later divorced, and obtained status as a legal permanent resident.
The investigation into GHOUL’s conduct began in April 2014 when GHOUL posted a photo online that explicitly displayed support for the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization. This photo displayed an individual holding a sign with the Arabic phrase, “The victory of the Islamic State in Iraq and Syria,” and then below this in English was written, “ISIS,” and “N. Carolina, USA.” The investigation later discovered that the individual holding the sign was merely an unwitting participant asked to hold the sign while GHOUL posed him in order to take the photo. The photo later appeared in an online propaganda video posted by others in an attempt to display the worldwide support for ISIS. Though he did not use his actual name or identity for the online accounts he used in regard to such conduct, GHOUL provided a self-description within the account: “Extremist, terrorist, tough, brain-washed, radical, I love explosions, booby trapping, beheading the enemy, and am among the supporters of establishing the religion with the sword.”
In December of 2014, GHOUL submitted an application for U.S. citizenship, and, in February 2017, GHOUL was interviewed in relation to his application. During this interview, GHOUL made a number of false statements. He falsely claimed that he had in no way associated with or been a member of any terrorist organization. He falsely claimed that he had never advocated for the overthrow of a government. He falsely claimed that he had never committed any offenses for which he had not been arrested. He falsely claimed that he had not married someone for the purpose of obtaining an immigration benefit. He falsely claimed that he had made other misrepresentations in order to obtain public benefits. All of these statements were false because GHOUL had sworn allegiance to ISIS and had been an active supporter of ISIS both online and in person, had explicitly advocated for the overthrow of the United States through violence, had unlawfully assisted in the sale of narcotics, had entered into a sham marriage for the sole purpose of obtaining U.S. citizenship, and had assisted in providing lies to the State of North Carolina in order to obtain childcare benefits.
Also, in 2015 and 2016, GHOUL filed tax returns in which he underreported his income by at least $90,000, thereby avoiding the payment of income tax.
Mr. Higdon complimented law enforcement’s tireless efforts: “Without the constant vigilance of our law enforcement partners, insidious threats such as this would never come to light until too late. Our country, our state, and every tax-paying citizen has been a victim of this defendant’s conduct. Thankfully, further victimization has come to an end and his violent rhetoric will no longer be a threat hiding within the Eastern District of North Carolina.”
The case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service, and the Department of Homeland Security, Immigration and Customs Enforcement, Homeland Security Investigations. Assistant United States Attorney Jason Kellhofer represented the government in this case.
Henderson Man Sentenced to 10 Years for Felon in Possession ChargeRead the Press Release
NEW BERN – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, ODELL LAMECHE OVERBY, 46, of Henderson, North Carolina, was sentenced by United States District Judge Louise W. Flanagan to 120 months imprisonment followed by 3 years of supervised release.
OVERBY was named in an Indictment on March 15, 2018 charging him with Possession of a Firearm by a Felon. On May 16, 2018, OVERBY pled guilty to the charge.
On December 18, 2017, members of the Granville County Sheriff’s Office responded to a home invasion in Oxford. Upon arriving at the residence, deputies observed a vehicle backed up to the residence with the engine running, the trunk open, and several items in the trunk of the vehicle. Deputies saw and secured OVERBY inside the house. Deputies observed an AR-15 assault rifle on the floor a short distance away from OVERBY. OVERBY was placed under arrest. Deputies determined that the firearm was loaded and that OVERBY had been taking items out of the home after breaking into it.
There was one person in the home that was able to call for help from a bedroom when OVERBY made entry into the house. OVERBY pointed the rifle at the person and tied them up.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
In support of PSN, the United States Attorney’s Office for the Eastern District of North Carolina has implemented the Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Granville County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Assistant United States Attorney S. Katherine Burnette handled the prosecution of this case for the government.
Jacksonville Man Sentenced for Distribution and Possession of Child PornographyRead the Press Release
NEW BERN – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that, ERIC ELWIN LEVAN, 36, of Jacksonville, was sentenced by United States District Judge Louise W. Flanagan for distribution and possession of child pornography. Judge Flanagan sentenced LEVAN to 140 months imprisonment followed by 20 years of supervised release.
LEVAN was charged in a two-count indictment on June 22, 2017 and pled guilty on March 14, 2018.
In November of 2016, the Department of Homeland Security conducted an undercover investigation on a Russian-based file-sharing website known to be frequented by people interested in child pornography. An agent, using an undercover website profile, advertised an interest in child pornography and published contact information on an instant-messaging service. An individual, later identified as LEVAN, contacted the undercover agent, and began discussing an interest in child pornography and a desire for sexual contact with minor children. On November 30, 2016, LEVAN sent the agent an internet link to a child pornography video. Agents identified LEVAN as the account holder and on December 13, 2016, executed a search warrant on LEVAN’s Jacksonville residence. Law enforcement seized LEVAN’s computer and other digital devices. Agents also obtained and executed a search warrant for an online digital storage account in LEVAN’S name. The forensic examination of the devices and online account uncovered over 100 images and 150 videos of child pornography.
Mr. Higdon commented: “We are gratified by the sentence the court imposed today. Protection of our children and the punishment of those who exploit children is a high priority for the Department of Justice. And, the facts of this case are a reminder to anyone who might engage in this type of criminal activity that you may just be dealing with an undercover officer and find yourself in a federal courtroom and deprived of your freedom and liberty too!”
This case was part of the Project Safe Childhood (PSC) initiative, a national program aimed at ensuring that criminals exploiting children are effectively prosecuted by making full use of all available law enforcement resources at every level. For more information about this important national project, Project Safe Childhood, go to www.projectsafechildhood.gov.
The Department of Homeland Security conducted the criminal investigation of this case. Assistant United States Attorney Jake D. Pugh handled the prosecution of this case for the United States.
Federal Jury Convicts Sampson County Man Who Was a Member of a Drug Trafficking OrganizationRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that, GREG BRIGHT, 32, of Turkey, NC, was convicted in federal court following a three day jury trial before Chief United States District Judge James C. Dever III. The jury found BRIGHT guilty of conspiracy to distribute and possess with the intent to distribute cocaine and cocaine base (crack).
The investigation giving rise to the charges faced at trial began in 2013. Multiple and extensive investigative techniques were utilized throughout this case. The evidence presented at trial detailed a significant drug trafficking organization (“DTO”) that was built and lead by Antonio McKoy who was convicted by a jury on May 30, 2018. The DTO was responsible for supplying large quantities of cocaine and cocaine base (crack) in Eastern North Carolina. The investigation resulted in the conviction of twenty-five members of the McKoy drug trafficking organization that destroyed the quality of life in the small community of Garland in Sampson County.
The case is a federal Organized Crime Drug Enforcement Task Force (OCDETF) criminal matter being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Sampson County Sheriff’s Office, Internal Revenue Service Criminal Investigation, U.S. Probation Office, the North Carolina State Bureau of Investigation, and the North Carolina Departments of Revenue and Emergency Management. Assistant United States Attorneys Brad Knott and Toby Lathan prosecuted the case on behalf of the United States.
Fayetteville Man Sentenced to More Than 12 Years for Firearm ChargesRead the Press Release
NEW BERN – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today in federal court, United States District Judge Louise W. Flanagan sentenced JOSEPH LUTHER LEWIS, 29, of Fayetteville, North Carolina to 151 months of imprisonment followed by 3 years of supervised release.
LEWIS was named in an Indictment filed on December 20, 2017. On May 15, 2018, LEWIS pleaded guilty to Possession of a Firearm by a Felon and Possession of a Stolen Firearm.
On June 25, 2017, the Fayetteville Police Department (FPD) responded to a domestic violence call placed by LEWIS’ girlfriend at the time. She stated LEWIS lost $1,000 gambling, and for some inexplicable reason, LEWIS blamed her for his loss. As a result, LEWIS, armed with a handgun, traveled from Fayetteville to Robeson Count and forcibly abducted her, and took her to a vacant house in Fayetteville, where LEWIS planned to prostitute her to recoup his money.
During his girlfriends’ abduction, and while driving through Robeson County, she jumped from LEWIS’ moving vehicle in an effort to flee from LEWIS. Nevertheless, LEWIS turned his vehicle around, pointed his gun at her, and forced her back inside his vehicle. Once they arrived in Fayetteville, LEWIS kicked and punched her in the face several times.
When the FPD arrived at the vacant residence, her face was visibly swollen. She had a chipped tooth and scrapes on her nose and mouth, as well as abrasions to her feet, legs, and arms. She stated that prior to the FPD’s arrival, LEWIS threatened to hit her with his handgun. As law enforcement approached the vacant residence, LEWIS threw his gun in a wooded area. LEWIS was taken into custody without incident. A search of LEWIS’ vehicle revealed multiple gunshot holes in the rear and front of his vehicle. His girlfriend stated LEWIS was involved in a gunfight with another drug dealer early that day in Fayetteville. LEWIS’ firearm, a stolen 9mm handgun, was subsequently located in the woods where she observed him discard it.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
In support of PSN, the United States Attorney’s Office for the Eastern District of North Carolina has implemented the Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The Fayetteville Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted the criminal investigation of this case. Assistant United States Attorney James J. Kurosad handled the prosecution of this case for the government.
Edenton Man Sentenced for Armed Bank RobberyRead the Press Release
NEW BERN – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that, MICHAEL RANKINS, 55, of Edenton, was sentenced by United States District Judge Louise W. Flanagan for armed bank robbery and aiding and abetting. Judge Flanagan sentenced RANKINS to 135 months imprisonment followed by 5 years of supervised release.
RANKINS was charged in a one-count indictment on March 18, 2014, along with his co-defendant William Chadwick Twine. Twine pled guilty on July 9, 2014, and was sentenced on July 10, 2015, to 90 months imprisonment followed by five years of supervised release. RANKINS pled guilty on February 8, 2018.[1]
On January 9, 2014, RANKINS and Twine entered a Wells Fargo Bank in Windsor, North Carolina. As he entered the bank, RANKINS pulled a toboggan over his face with eye holes cut out. He pointed a BB gun at the teller, and he and Twine threatened the teller and demanded money. The teller provided them with $10,465, and the two men ran from the bank to their nearby get-away car. Witnesses relayed to law enforcement the direction the suspects had driven, and officers were soon able to catch up to the suspect’s vehicle and attempt a traffic stop. RANKINS and Twine, however, continued to flee at a high speed, eventually losing control of the car and running off the road and into a field. Both men ran from the stopped car and were quickly apprehended. Officers recovered the stolen money, mask, and BB gun from the car.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The investigation of this case was conducted by the Windsor Police Department, the North Carolina State Highway Patrol, and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Assistant United States Attorney Jake D. Pugh represented the government in this case.
[1] The matter was unusually delayed because of matters presented to and resolved by the United States Court of Appeals for the Fourth Circuit.
Wilson Man Sentenced to 45 Months in Prison Following High Speed Chase Resulting in Discovery of Drugs and FirearmRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that yesterday in federal court Chief United States District Judge James C. Dever, III sentenced KEEDRON JAMELL KEARNEY, 20, of Wilson, NC to serve 45 months in prison and 3 years of supervised release upon conviction for Possession with Intent to Distribute a Quantity of Crack Cocaine and Possession of a Firearm by a Convicted Felon. KEARNEY previously pleaded guilty to the charges on April 19, 2018.
According to the Indictment and arguments at sentencing, on July 27, 2017 in Wilson, officers with the Wilson County Sheriff’s Office learned that KEARNEY was distributing cocaine base (crack). A confidential informant purchased a quantity of crack from Kearney at a motel parking lot in Wilson. After the purchase, officers attempted to conduct a traffic stop on KEARNEY’S vehicle. When officers activated blue lights and sirens, however, KEARNEY led officers on a dangerous car chase with speeds exceeding 100 miles an hour on the streets of Wilson. Once apprehended, officers found additional drugs, scales, and a loaded firearm in the vehicle.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
In support of PSN, the United States Attorney’s Office for the Eastern District of North Carolina has implemented the Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Wilson County Sheriff’s Office with the assistance of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant United States Attorney William M. Gilmore represented the government in this case.
Federal Drug and Violent Crime Enforcement Operation Nets 13 Defendants Wanted for Drugs, Guns, and Other ChargesRead the Press Release
ELIZABETH CITY – United States Attorney Robert J. Higdon, Jr. announced that “Operation Nor’easter,” a heroin and opioid centered Organized Crime and Drug Enforcement Task Force (OCDETF) Operation headed up by the Federal Bureau of Investigation resulted in the indictment of twelve (12) defendants for outstanding federal charges in a coordinated warrant enforcement operation. In addition, several defendants related to this operation were found to be in the custody of the State of North Carolina. Federal detainers have been filed against those subjects.
This operation was conducted as part of the Eastern District’s Take Back North Carolina Initiative designed to focus federal resources on the alarming level of opioid use and the deaths associated with it. This initiative is bringing the full weight of the federal court system in the fight against crime in Camden, Chowan, Currituck, Dare, Pasquotank, Perquimans, Tyrell, and Gates Counties in partnership with District Attorneys’ Offices and federal, state, and local law enforcement.
The following individuals were charged by way of Criminal Indictment. The individual charges for each defendant are contained in the parenthesis following the personal information.
• Rasheen Jerome Arnold 24, of Edenton, NC (Felon in Possession of Firearm; Possession of Stolen Firearm)
• Alvin Johnson, 41, Pasquotank County, NC, (Possession with the intent to distribute cocaine and cocaine base) (crack)
• Samuel Rawlins, 39, Elizabeth City, NC, (Possession of Firearm by Felon)
• Devon Lee, 36, Perquimans County, NC, (Conspiracy to distribute cocaine and possession with the intent to distribute cocaine)
• Willie Person, 54, Grandy, NC, (Possession with the intent to distribute cocaine and cocaine base) (crack)
• Glenn Mitchell, 49, Edenton, NC, (Possession with the intent to distribute cocaine and heroin)
• Clarence Chestnutt, 40, Hertford, NC, (Possession with the intent to distribute cocaine)
• John James Taylor, 37, Elizabeth City, NC, (Possession with the intent to distribute a quantity of cocaine and heroin; possession of a firearm in furtherance of a drug trafficking crime; possession of a firearm by felon)
• Nathan Lamonte Silver, 44, Elizabeth City, NC, (Hobbs Act robbery)
• Mykel Levant Davis, 37, Elizabeth City, NC, (Possession of firearm by felon)
• Marvin Johnson, 41, Elizabeth City, NC, (Possession with the intent to distribute heroin)
• Ross Domina Spruill, 33, Dare county, NC, (Possession with the intent to distribute cocaine and cocaine base) (crack)
The charges and allegations contained in the Indictments are merely accusations. The defendants are considered innocent unless and until proven guilty in a court of law.
The cases are being investigated by the Federal Bureau of Investigation along the Bureau of Alcohol, Tobacco, Firearms, & Explosives, (ATF), the United States Marshal Service, Internal Revenue Service Criminal Investigations, the North Carolina State Bureau of Investigations, Pasquotank County Sheriff’s Office, Chowan County Sheriff’s Office, Elizabeth City Police Department, Edenton Police Department, Perquimans County Sheriff’s Office, Camden County Sheriff’s Office, Currituck County Sheriff’s Office, Dare County Sheriff’s Office, Tyrell County Sheriff’s Office, Gates County Sheriff’s Office, Manteo Police Department, North Carolina First Judicial District Attorney’s Office, and the United States Probation Office.