Northern District of West Virginia

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

ELKINS, WEST VIRGINIA - A 44 year old Elkins, West Virginia, resident entered a plea of guilty on January 18, 2013, in United States District Court in Elkins before Magistrate Judge John S. Kaull.

United States Attorney William J. Ihlenfeld, II, announced that: DANIEL RAY PHARES entered a plea of guilty to “ Manufacturing Marijuana” in Elkins. As part of his plea, PHARES has agreed to the forfeiture of $950.01 in US currency, a firearm and ammunition, which constitute proceeds obtained as a result of drug activity. PHARES, who is free on bond pending sentencing, faces up to 10 years imprisonment and a $500,000 fine.

The case was prosecuted by Assistant United States Attorney Stephen D. Warner and investigated by the Elkins Police Department., Randolph County Sheriff’s Department and the West Virginia State Police.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

Defendant alleged to have Fired Shot after Fight

WHEELING, WEST VIRGINIA - A Wheeling man may be headed back to federal prison after admitting to the illegal possession of a firearm as part of a shooting incident that occurred last summer.

U.S. Attorney William Ihlenfeld, II, announced that CORDALE A. WILLIAMS, 32 years old, entered a plea of guilty in federal court today to the charge of “Felon in Possession of a Firearm” resulting from an incident that occurred last June at the 7-11 convenient store on Market Street in Wheeling. WILLIAMS was recently released from prison after serving time for a federal drug trafficking conviction and was still on supervised release at the time of his latest crime.

According to testimony offered at the plea hearing this morning, Wheeling Police officers responded to a gunshot being fired after midnight on June 22, 2012, outside of the 7-11 store and upon arrival learned that WILLIAMS had been in a fight with another man over a woman. Officers learned that at some point in time during the fight WILLIAMS obtained a gun from a friend and then fired it at the person with whom he had been fighting, but failed to strike the man. WILLIAMS then chased after the man before coming came back to the 7-11 and dropping the firearm on the ground. Much of the incident was captured by a surveillance camera that was located in the area.

Due to his prior conviction for “Possession with Intent to Distribute Crack Cocaine within
1000 feet of a School” WILLIAMS was not permitted to possess a firearm.

WILLIAMS faces up to ten years in prison for his conduct, as well as the possibility of additional prison time for violating the terms of his supervised release. He was remanded to the custody of the United States Marshal pending the scheduling of a sentencing hearing by Judge Frederick P. Stamp, Jr.

The case was prosecuted by U.S. Attorney Ihlenfeld and Assistant U.S. Attorney Jarod J. Douglas. It was investigated by the Wheeling Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

CLARKSBURG, WEST VIRGINIA - A 67-year old Fairmont, West Virginia, resident was convicted this week after a two-day jury trial presided over by Judge Irene M. Keeley.

United States Attorney William J. Ihlenfeld, II, announced that CLYDE BATES was convicted on one count of “Possession of Child Pornography on August 27, 2010,” in Fairmont. The evidence presented at trial indicated that BATES possessed a large number of images depicting pre-pubescent girls and boys involved in sexual acts.

As part of the conviction, BATES has to forfeit One Apple MacBook notebook computer as well as any item constituting or containing child erotica including printed-out stories describing sexual encounters involving children.

BATES, who is in custody pending sentencing, faces a maximum exposure of 10 years imprisonment and a fine of $250,000.

The case was prosecuted by Assistant United States Attorney Shawn A. Morgan and investigated by the West Virginia State Police Crimes Against Children Unit and the Fairmont Police Department.

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

CLARKSBURG, WEST VIRGINIA - A 27-year old Monongalia County, West Virginia, resident was sentenced on January 11, 2013, in United States District Court in Clarksburg by Judge Irene M. Keeley.

United States Attorney William J. Ihlenfeld, II, announced that: AARON FLEMING was sentenced to 51 months imprisonment to be followed by three years of supervised release. FLEMING entered pleas of guilty on October 4, 2012, to one count of Possession with Intent to Distribute Crack Cocaine and Possession of a Firearm by a Convicted Felon, with both offenses occurring on April 30, 2012, in Monongalia County. FLEMING was remanded to the custody of the United States Marshal pending designation to a Federal institution.

The case was prosecuted by Assistant United States Attorney Zelda E. Wesley and investigated by the West Virginia State Police-Bureau of Criminal Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives and the Westover Police Department.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA — A 25-year old Wheeling, West Virginia, man has admitted to acquiring firearms in the Ohio Valley and then shipping them to other countries in violation of federal law.

United States Attorney William J. Ihlenfeld, II, announced that MICHAEL STEVEN FRANK entered pleas of guilty to “Conspiracy to Export Firearms” and “Money Laundering” in the United States District Court in Wheeling. FRANK admitted in court that from February 7, 2012, to August 2, 2012, he unlawfully exported twenty-four firearms to purchasers in Canada and Israel. At least one of the foreign sales was funded through an unlawful money laundering transaction in which the buyer anonymously shipped $2,000 in currency to FRANK.

The investigation initially indicated the guns were being shipped by a man named “Jason Silvers” but the U.S. Postal Service was able to determine that the shipper was actually FRANK. It was further discovered that FRANK purchased the firearms from local gun dealers and then obliterated the serial numbers on the weapons before shipping them outside of the country in exchange for cash payments. As part of his plea, FRANK will forfeit all firearms involved in the violations as well as a money judgment of $2,000.

FRANK, who is free on bond pending sentencing, faces up to 25 years imprisonment and a fine of up to $750,000.

This case was prosecuted by Assistant United States Attorney Michael D. Stein and was investigated by the Postal Inspection Service; US Immigration and Customs Enforcement, Homeland Security Investigations (ICE/HSI) and the Bureau of Alcohol, Tobacco and Firearms.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

CLARKSBURG, WEST VIRGINIA - Two individuals were sentenced on January 4, 2013, in United States District Court in Clarksburg by Judge Irene M. Keeley.

United States Attorney William J. Ihlenfeld, II, announced that:

JAMES ROBERT HURST, 45, of New Milton, West Virginia, was sentenced to 60 months imprisonment to be followed by three years of supervised release. HURST enterd a plea of guilty on August 29, 2012, to “Manufacturing More than 100 Marijuana Plants” and “Possession with Intent to Distribute More than 100 Marijuana Plants,” both on August 15, 2011, in Doddridge County, West Virginia. HURST, who is free on bond, will self-report to the designated Federal institution.

The case was be prosecuted by Assistant United States Attorney Stephen D. Warner and investigated by the Doddridge County Sheriff’s Department and the West Virginia State Police.

KRISTEN DAVIS, age 38, of Clarksburg, was sentenced to 27 months imprisonment to be followed by six years of supervised release. DAVIS entered a plea of guilty on September
26, 2012, to the “Distribution of Crack Cocaine within 1,000 Feet of St. Mary’s Grade School” on July 1, 2011, in Clarksburg. DAVIS was remanded to the custody of the United States Marshal pending designation to a Federal institution.

The case was prosecuted by Assistant United States Attorney Shawn A. Morgan and investigated by the Harrison County Task Force consisting of officers from the Clarksburg Police Department, the Harrison County Sheriff’s Department and the Bridgeport Police Department.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

MARTINSBURG, WEST VIRGINIA — Three individuals were sentenced on January
7, 2013, in United States District Court in Martinsburg by Judge Gina M. Groh.

United States Attorney William J. Ihlenfeld, II, announced that:

GREGORY LYTE, JR., age 36, of Hagerstown, Maryland, was sentenced to 87 months imprisonment to be followed by 6 years of supervised release. LYTE entered a plea of guilty on September 12, 2012, to “Distribution of Crack Cocaine” on September 30, 2011, in Martinsburg. LYTE was remanded to the custody of the United States Marshal pending designation to a Federal institution. The case was investigated by the Eastern Panhandle Drug
& Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.

LOREN CONSTANTINE BROWN, age 43, of Silver Springs, Maryland, was sentenced to 70 months imprisonment to be followed by 4 years of supervised release. BROWN entered a plea of guilty on September 13, 2012, to “Possession with Intent to Distribute 88.4 Grams of Crack Cocaine” on June 28, 2012, in Keyser, West Virginia. BROWN was remanded to the custody of the United States Marshal pending designation to a Federal institution. The case was investigated by the Potomac Highlands Drug & Violent Crime Task Force, consisting of officers from the Federal Bureau of Investigation, and the West Virginia State Police - Bureau of Criminal Investigations.

These cases were prosecuted by Assistant United States Attorney Thomas O. Mucklow.

JAMES ALBERT WOLF, age 64, of Kearneysville, West Virginia, was sentenced to 51 months imprisonment to be followed by 15 years of supervised release. WOLF entered a plea of guilty on September 13, 2012, to “Possession of Child Pornography.” During a search warrant executed on WOLF’S residence, several computers were seized which contained 30 still images and 59 video images of child pornography. WOLF, who is free on bond, will self- report to the designated Federal institution on February 11, 2013. This case was prosecuted by Assistant United States Attorney Paul T. Camilletti and investigated by the West Virginia State Police.

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

MARTINSBURG, WEST VIRGINIA - A 29-year old Jamaica, New York, resident entered a plea of guilty in United States District Court in Martinsburg after fraudulently obtaining cash at the Hollywood Casino in Charles Town, West Virginia.

United States Attorney William J. Ihlenfeld, II, announced that REBECCA HILL entered a plea of guilty to “Use of a Counterfeit Access Device” at the casino in Charles Town when HILL, in 2010, presented photographic identification along with a counterfeit credit card in order to obtain a cash advance of $1,000. As part of her plea, HILL is required to make restitution in the amount of $31,000 to the casino. HILL, who is on bond pending sentencing, faces up to 10 years imprisonment and a fine of $250,000.

The case was prosecuted by Assistant United States Attorney Thomas O. Mucklow and was investigated by the West Virginia State Police and United States Secret Service.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA - The final defendant involved in a pill conspiracy in Moundsville, West Virginia, entered a plea of guilty on January 4, 2013, before Magistrate Judge James E. Seibert.

United States Attorney William J. Ihlenfeld, II, announced that: JOHN HARVEY GODDARD, JR., age 26, entered a plea of guilty “Distribution of Oxycodone” on February
10, 2011, in Moundsville.

GODDARD, who is in custody pending sentencing, face up to 20 years imprisonment and a $1,000,000 fine.

This case was prosecuted by Assistant United States Attorney John C. Parr and investigated by officers of the Moundsville Police Department, Marshall County Sheriff’s Department and the West Virginia State Police.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

CLARKSBURG, WEST VIRGINIA — Five individuals were named in five Indictments returned by a federal grand jury sitting in Clarksburg, West Virginia, on January 8, 2013.
United States Attorney William J. Ihlenfeld, II, announced the following indictments: BRIAN A. CLARKE, age 25, of Morgantown, West Virginia, was named in a three- count Indictment charging him with “Distribution of Oxycodone” on May 2; May 16; and, June 8, 2012, in Monongalia County. If convicted, CLARKE faces up to 20 years imprisonment and a $1,000,000 fine on each count.

AUGUST TAMPOYA, age 48, of Arnettsville, West Virginia, was named in a three- count Indictment charging him one count of “Manufacturing in Excess of 100 Marijuana Plants;” one count of “Distribution of Marijuana;” and, one count of “Possession with Intent to Distribute Marijuana.” If convicted, TAMPOYA faces up at least 5 and up to 40 years imprisonment and a fine of $2,000,00 on the manufacturing charge and up to 5 years imprisonment and a fine of $250,000 on each of the distribution and possession counts.

JENNIFER NICOLE KELLEY, age 27, of Morgantown, was named in a seven-count Indictment charging her with three counts of “Distribution of Marijuana;” three counts of “Distribution of Cocaine;” and, one count of “Distribution of Marijuana within 1,000 Feet of Fairmont State University.” If convicted, KELLEY faces up to 5 years imprisonment and a
$250,000 on each of the marijuana distribution counts; up to 20 years imprisonment and a
$1,000,000 fine on each of the cocaine distribution counts; and, at least 1 and up to 10 years imprisonment and a $500,000 on the protected location (FSU) count.

These three cases were investigated by the West Virginia State Police-Bureau of
Criminal Investigations.

JOSHUA NICHOLSON, age 35, of Lost Creek, West Virginia, was named in a two- count Indictment charging him with “Possession of a Firearm by a Convicted Felon” and “Possession of a Firearm with an Obliterated Serial Number.” If convicted, NICHOLSON faces up to 10 years imprisonment and $250,000 fine on each count.

TIMOTHY LINGO, age 35, of Westover, West Virginia, was named in a three-count Indictment charging him with “Possession of a Firearm by a Convicted Felon;” “Possession with intent to Distribute Cocaine;” and, “Use/Carry of a Firearm in Relation to a Drug- Related Offense.” If convicted, LINGO faces up to 10 years imprisonment and a $250,000 fine on the felon in possession charge; up to 20 years imprisonment and a $1,000,000 fine on the cocaine charge; and, a mandatory 5 years imprisonment and a $250,000 fine on the firearms charge.
These two cases were investigated by the Bureau of Alcohol, Tobacco and Firearms. These five cases will be prosecuted by Assistant United States Attorney Zelda E.
Wesley.

All of the charges contained in the above-referenced indictments are merely accusations and not evidence of guilt, and each defendant is presumed innocent until and unless proven guilty.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

MARTINSBURG, WEST VIRGINIA - A 60-year old Sharpsburg, Maryland, resident entered a plea of guilty on January 8, 2013, in United States District Court in Martinsburg before Magistrate Judge David J. Joel.

United States Attorney William J. Ihlenfeld, II, announced that: WILBUR SLICK entered a plea of guilty to “Sale of a Firearm to a Prohibited Person” on August 8, 2012, in Harpers Ferry, West Virginia. SLICK, who is on bond pending sentencing, faces up to 10 years imprisonment and a $250,000 fine.

The case was prosecuted by Assistant United States Attorney Jarod J. Douglas and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA - Three individuals entered pleas of guilty on January
3, 2013, in United States District Court in Wheeling before Judge Frederick P. Stamp, Jr.

United States Attorney William J. Ihlenfeld, II, announced that:

JAMIE L. JOYNER, age 35, of Deland, Florida, entered a plea of guilty to “Conspiracy to Distribute Schedule II Controlled Substances” from March of 2012 to September 12, 2012, for his role in Florida to West Virginia pill ring. In a joint investigation, involving the Marshall County Sheriff’s Department, the Moundsville Police Department, the DEA, United State Postal Service, and the West Virginia State Police, beginning in the spring of 2012, agents received information that Millie Roupe’s apartment in Marshall County was being used to distribute pills being brought to West Virginia from Florida typically via rental vehicles. During the investigation, a traffic stop occurred during which $2,096 in drug proceeds was seized which will be forfeited to the United States as proceeds from the drug activity.

JOYNER, who is in custody pending sentencing, faces up to 20 years imprisonment and a $1,000,000 fine.

JOSEPH A. MCDONALD, age 26, of Glen Dale, West Virginia, entered a plea of guity to “Distribution of Oxycodone within 1,000 Feet of a Protected Location.” and one count of “Distribution of Oxycodone” on May 21, 2012. MCDONALD, who is on bond pending sentencing, faces up to 40 years imprisonment and a $2,000,000 fine. This case was investigated by the Marshall County Sheriff’s Department.

These cases were prosecuted by Assistant United States Attorney John C. Parr.

SHAWN L. BINKOWSKI, age 25, of Wheeling, West Virginia, entered a plea of guilty to “Felon in Possession of a Firearm.” BINKOWSKI, having previously been convicted in the Circuit Court of Ohio County, West Virginia, of the felony offense of Grand Larceny, knowingly possessed a Bryco Arms pistol on September 16, 2012, in Wheeling. BINKOWSKI, who is in custody pending sentencing, faces up to 10 years imprisonment and a $250,000 fine.

The case was prosecuted by Assistant United States Attorney Stephen L. Vogrin and investigated by the United States Probation office and the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Wheeling Police Department.

1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

WHEELING, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II, announced that during the month of December, 2012, six individuals had their supervised release revoked for violating terms and conditions imposed by the United States District Court.

WHEELING DIVISION REVOCATIONS

(Judge Frederick P. Stamp, Jr.)

ANTOINE ALLEN a/k/a “BONES,” age 41, of Cleveland, Ohio, was sentenced to 24 months imprisonment to be followed by 36 months of supervised release for a conviction in Cuyahoga County, Ohio, of drug trafficking and drug possession; failure to report the arrest to his probation officer and submission of a false monthly supervision report. ALLEN was originally sentenced on May 6, 2003, to 100 months imprisonment and 5 years of supervised release for the distribution of crack cocaine within 1,000 feet of a protected location. In 2008, ALLEN’s sentence was reduced to 84 months pursuant to the crack re-sentencing guidelines. ALLEN was remanded to the custody of the United States Marshal pending designation to a Federal institution.

MARK MCCANN, age 46, of Wheeling, was sentenced to 18 months imprisonment for failure to report for sex offender evaluation; failure to make third-part risk notification; possession of pornography; failure to attend sex offender counseling; and, second offense domestic battery. MCCANN was originally sentenced on November 13, 2007, to 68 months imprisonment and 3 years of supervised release for the distribution of crack cocaine. On November 1, 2011, MCCANN’s sentence was reduced to 38 months pursuant to the crack re- sentencing guidelines. MCCANN was remanded to the custody of the United States Marshal pending designation to a Federal institution.

ROBERT EUGENE PHILLIPS, age 43, of Colliers, West Virginia, was sentenced to
14 months imprisonment for testing positive for the use of marijuana; possession of a firearm; and, possession of marijuana and drug paraphernalia. PHILLIPS was originally sentenced on August 22, 2004, to 120 months imprisonment and 3 years of supervised release for possession of a firearm by a convicted felon. PHILLIPS’ supervised release was previously revoked on July 1, 2008, for violations and he was sentenced to 5 months imprisonment and
31 months of supervised release. On January 3, 2011, PHILLIPS’ supervised release was again revoked for violations and he was sentenced to 5 months imprisonment and 26 months of supervised release. PHILLIPS was remanded to the custody of the United States Marshal pending designation to a Federal institution.

The United States was represented at the Wheeling revocation hearings by Assistant
United States Attorneys John C. Parr and Randolph J. Bernard.

CLARKSBURG DIVISION REVOCATIONS (Judge Irene M. Keeley)

JOSH MURRAY, age 34, of Spring Hill Township, Pennsylvania, was sentenced to 24 months imprisonment for his arrest in Monongalia County, West Virginia, for driving under the influence 2nd offense; driving under the influence with injury; driving under the influence on a suspended/revoked license 1st offense; driving on a suspended/revoked license, leaving the scene of an accident, expired registration, no proof of insurance and no or expired motor vehicle inspection sticker. MURRAY was originally sentenced on April 20, 2007, to 70 months imprisonment and 3 years of supervised release for the distribution of crack cocaine. MURRAY was remanded to the custody of the United States Marshal pending designation to a Federal institution.

CHARLES FREEMAN ECHOLS, age 56, of Fairmont, West Virginia, was sentenced to 8 months imprisonment for testing positive for the use of marijuana and possession of marijuana and heroin. ECHOLS was originally sentenced on March 6, 2011, to 151 months imprisonment and 3 years of supervised release for bank robbery. ECHOLS was remanded to the custody of the United States Marshal pending designation to a Federal institution.

JAMIE T. WEEKLY, age 32, of Enterprise, West Virginia, was sentenced to 3 months imprisonment to be followed by 33 months of supervised release for testing positive for the use of marijuana. WEEKLY was originally sentenced on June 29, 2010, to 24 months imprisonment and 3 years of supervised release for possession of a machine gun. WEEKLY, who is on bond, will self-report to the designated Federal institution on January 14, 2013.

The United States was represented at the Clarksburg revocation hearings by Assistant
United States Attorney Zelda E. Wesley.

The United States Probation Office carries out probation and pretrial services functions throughout the Northern District of West Virginia. With locations in Wheeling, Clarksburg, Martinsburg, and Elkins, the office works to assist the federal courts in the fair administration of justice, to protect the community, and to bring about long-term positive change in individuals under supervision. Jeff Givens is the Chief Probation Officer for the Northern District.