United States Attorney David Capp

Northern District of Indiana

M01-204 S. Main Street

South Bend, IN 46601

Hammond                                                 South Bend                                               Fort Wayne

FOR IMMEDIATE RELEASE                                                         CONTACT: Mary L. Hatton

January 21, 2010                                                                                 PHONE: (219) 937-5500

www.usdoj.gov/usao/inn/                                                                    Fax: (219) 852-2770 

ACTIVITY IN FEDERAL COURT - SOUTH BEND

South Bend, Indiana—The United States Attorney's Office announced:

Shane Hatter, 29, of Plymouth, Indiana plead guilty on 1/11/10 before Magistrate Judge Christopher Nuechterlein to being a felon in possession of a firearm, to wit; a Marlin .20 caliber rifle. Hatter was convicted of a felony in Marshall County and had served more than one year in prison. Sentencing has been set for April 19, 2010. This case was investigated by the Bureau of Alcohol, Firearms, Tobacco, and Explosives, and is being prosecuted by Assistant United States Attorney Frank Schaffer.

Holly Bunch, 25, of Greentown, Indiana plead guilty on 1/11/10 before Magistrate Judge Christopher Nuechterlein to unlawfully opening mail entrusted to her which was intended to be conveyed by mail. Bunch was a mail carrier in Miami County in 2009. On at least three different occasions, Bunch opened mail that she believed contained Hydrocodone, a prescription drug. Sentencing has been set for April 22, 2010. This case was investigated by the United States Postal Service, and was prosecuted by Assistant United States Attorney Jesse Barrett.

Devon Smith, 22, of Elkhart, Indiana, plead guilty on 1/19/10 without benefit of a plea agreement before Chief Judge Robert Miller, Jr., to possession with the intent to distribute marijuana, possession of a firearm in furtherance of a drug trafficking crime, and possession of a stolen firearm. This case was investigated by the Bureau of Alcohol, Firearms, Tobacco, and Explosives and the Elkhart Police Department, and was prosecuted by Assistant United States Attorney Jesse Barrett.

Chad Morrison, 31, of Plymouth, Indiana, plead guilty on 1/20/10 before Magistrate Judge Christopher Nuechterlein to possession of a firearm while an unlawful user of a controlled substance. Morrison admitted that in August, 2009, he purchased a .40 caliber Glock pistol from Indiana Arms and Ammo in the South Bend, Indiana area even though he was a frequent user of crack cocaine and marijuana at the time. Sentencing has been set for April 26, 2010. This case was investigated by the Bureau of Alcohol, Firearms, Tobacco, and Explosives and the St. Joseph County Metro Homicide Unit, and was prosecuted by Assistant United States Attorney Donald Schmid.

Gabriele Eye Institute, P.C. was sentenced on 1/20/10 by Chief Judge Robert Miller, Jr., to pay a $400 special assessment and restitution in the sum of $205,109.00, to be disbursed to victims listed in the pre-sentence report. Restitution is due immediately and paid in full within 75 days of the sentencing. This case was investigated by the Office of the Indiana Attorney General-Medicaid Fraud Control Unit, the Federal Bureau of Investigation, and the Department of Health and Human Services-Office of the Inspector General. This case was prosecuted by Assistant United States Attorney Donald Schmid.

The specific sentence in each case to be imposed upon conviction will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.