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Justice News

Department of Justice
U.S. Attorney’s Office
Eastern District of Kentucky

Friday, March 14, 2014

Federal Inmate In Ashland Convicted Of Conspiring With Prison Guard To Smuggle Prohibited Items Into Prison

ASHLAND –An inmate at the Federal Corrections Institute (FCI) in Ashland, KY., has been convicted by a federal jury of conspiring with a prison guard and others to smuggle prohibited items into the prison.

Today, a federal jury convicted 33-year-old Gary Musick, of Newport, Tenn., of conspiracy to introduce contraband into a correctional facility and possession of contraband.  The jury reached its verdicts after approximately three and half hours of deliberation, following four and a half days of trial.

According to testimony, Musick’s co-defendant and former girlfriend, Cindy Gates, and other female associates of Musick, routinely visited the FCI and delivered prohibited items, such as tobacco, marijuana, and nude photographs, to corrections officer James Lewis.  Lewis subsequently provided the items to Musick, in exchange for payment from Gates and others. 

The evidence at trial established that Musick also sold the prohibited items to other inmates, in exchange for stamps.  In some instances, he directed inmates to have money sent to an address outside of the institution as payment.  The conspiracy lasted from December 2010 until February 2012. 

Lewis and Gates previously pleaded guilty to a conspiracy charge.

Kerry B. Harvey, U.S. Attorney for the Eastern District of Kentucky, and John F. Oleskowicz, Special Agent in Charge, Department of Justice, Office of the Inspector General, Chicago Field Office, jointly announced the conviction.

The investigation was conducted by the Department of Justice, Office of the Inspector General.  Assistant U.S. Attorneys Edwin J. Walbourn, III and Wade T. Napier prosecuted this case on behalf of the federal government.

Musick is scheduled to appear for sentencing in June 2014.  Both offenses carry a maximum of five years in prison. However, before the Court imposes a sentence it will carefully review the U.S. Sentencing Guidelines and the federal statutes governing the imposition of sentences.

Updated February 19, 2015