| FOR IMMEDIATE RELEASE December 22, 2008 WWW.USDOJ.GOV/USAO/CAN |
SAN JOSE – United States Attorney Joseph P. Russoniello announced that United States District Court Judge Ronald M. Whyte sentenced Kevin Dugan on Thursday afternoon to 96 months in prison for manufacturing marijuana, possession of marijuana with the intent to distribute, maintaining a place for the purpose of manufacturing and distributing marijuana, and being an unlawful user or addict in possession of firearms. Mr. Dugan was convicted following a three week jury trial in November 2007.
Evidence at trial showed that Mr. Dugan, 49 of San Jose, California, was arrested after San Jose Police responded to his residence at 2194 Ebbesen Avenue in San Jose, California on September 2, 2002 following a 911 call arising from suspected domestic violence. After officers responded to the 911 call, they subsequently found a three-stage marijuana grow involving 1087 marijuana plants as well as grow lights, a digital scale, baggies, and over $8,000 in cash. Further search of the property revealed over 30 firearms, including numerous machineguns, shotguns, rifles, and handguns.
The sentence was handed down by United States District Court Judge Ronald M. Whyte after the jury’s verdict last year finding the defendant guilty of manufacturing marijuana in violation of 21 U.S.C. § 841(b)(1), possessing marijuana with the intent to distribute in violation of 21 U.S.C. § 841(b)(1); maintaining a place for the purpose of manufacturing, and distributing marijuana in violation of 21 U.S.C. § 856(a)(1); and being an unlawful user or addict in possession of firearms in violation of 18 U.S.C. § 922(g)(3). Judge Whyte at sentencing stated that the Government had proved by a preponderance of the evidence that the defendant manufactured and possessed at least 400 marijuana plants. In addition to sentencing Mr. Dugan to serve 96 months in federal prison, Judge Whyte ordered him to serve a five-year term of supervised release following his release from prison. Judge Whyte had previously granted the Government’s post-verdict motion that Mr. Dugan be remanded into custody pursuant to the Bail Reform Act.
This conviction and sentence were the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the San Jose Police Department. Joseph Fazioli is the Assistant U.S. Attorney who prosecuted the case with the assistance of Legal Assistants Tracey Andersen, Susan Kreider, Jeanne Carstensen.
Further Information:
Case #: 03-20010 RMW
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