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United States Attorney David Capp

Northern District of Indiana

M01-204 S. Main Street

South Bend, IN 46601




FOR IMMEDIATE RELEASE                                                         CONTACT: Mary L. Hatton

January 7, 2010                                                                                  PHONE: (219) 937-5500

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

                                                                                                   



ACTVITY IN FEDERAL COURT - SOUTH BEND

 

 

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

 

            Thomas B. Maxwell Jr., 38, of Plymouth, Indiana, was sentenced on 12/23/09 by Chief Judge Robert Miller, Jr., to 37 months imprisonment followed by 3 years of supervised release after pleading guilty to 2 counts of an information charging him with the manufacture of methamphetamine and 60 months imprisonment for possession of a firearm in furtherance of a drug trafficking crime, with the terms to be served consecutively for a total imprisonment term of 97 months. This case was investigated by the Drug Enforcement Administration and the South Bend Police Department, and was prosecuted by Assistant United States Attorney Donald Schmid.

 

            Dee Griffin, 45, of South Bend, Indiana, was sentenced on 12/29/09 by Chief Judge Robert Miller, Jr., to 46 months of imprisonment and 3 years of supervised release after pleading guilty to one count of an indictment charging her with being a felon in possession of a firearm, to wit; a Davis Industries .22 cal. Derringer. This case was investigated by the Bureau of Alcohol, Firearms, Tobacco, and Explosives, and was prosecuted by Assistant United States Attorney Frank Schaeffer.

 

            David Southerton, 30, of Kokomo, Indiana, was sentenced on 12/29/09 by Chief Judge Robert Miller, Jr. to 36 months imprisonment to be followed by 2 years of supervised release after pleading guilty to being an unlawful user of a controlled substance (marijuana) while in possession of a firearm. This case was investigated by the Drug Enforcement Administration, and was prosecuted by Assistant United States Attorney Frank Schaeffer.

 

            David Leak, 47, of Edwardsburg, Indiana, was sentenced on 1/4/10 by Chief Judge Robert Miller, Jr. to 60 months imprisonment and 3 years of supervised release after pleading guilty to possession of a firearm in furtherance of a drug trafficking crime. Leak admitted in the plea agreement that in November, 2008, he gave consent for Indiana State Police Officers to search his home in Syracuse, Indiana. The ISP Officers found a small amount of methamphetamine (3 grams) and a loaded .22 caliber revolver in a bag. Leak kept the .22 revolver with the methamphetamine in order to protect the drugs, which he intended to sell to other individuals. This case was investigated by the Bureau of Alcohol, Firearms, Tobacco, and Explosives and the Indiana State Police , and was prosecuted by Assistant United States Attorney Frank Schaeffer.

 

            Becky Friedersdorf, 48, of Macy, Indiana, plead guilty on 1/6/10 before Magistrate Judge Christopher Nuechterlein to being an illegal drug user in possession of a firearm. Friedersdorf admitted in a plea agreement that she possessed 14 firearms, as well as ammunition, in June 2009. At the same time these guns were in her home she admitted that she cultivated and used marijuana in her home. Upon sentencing Friedersdorf will forfeit a Savage Arms, shotgun, 12 gauge, model 820B, a Remington, rifle, 222 caliber, model 722, a Marlin, rifle, 22 caliber model 60, a Remington, rifle, 22/250 caliber, model 700, a Rifle, 7.62 caliber, a Rifle, 7.62 x 39 mm, model AKS-762, a Winchester, shotgun, 12 gauge, model 12, a Mossberg, shotgun, 12 gauge, model 500A, a Stevens, shotgun, 20 gauge, model 94, a Flaig-Ace, rifle, model 25/06, a Knight, rifle, inline, 50 caliber, a Jennings Firearms/Bryco Arms, pistol, model 380, a Heritage Arms, revolver, 22 caliber, Rough Rider, and 5 7.62 magazines, 4 boxes 7.62 ammunition, 4 Remington 22-250 cartridges, 26 7.62 x 39 cartridges, 50 Winchester .380 cartridges, 6 .22 caliber rifle cartridges, and .380 caliber magazine. Sentencing has been set for April 12, 2010. This case was investigated by the Bureau of Alcohol, Firearms, Tobacco, and Explosives, and is being prosecuted by Assistant United States Attorney Jesse Barrett.

 

            Colby Smith, 21, of Mishawaka, Indiana, plead guilty on 1/6/10 before Magistrate Judge Christopher Nuechterlein to possession of a firearm while being an unlawful user of a controlled substance. Sentencing has been set for April 12, 2010. This case was investigated by the Bureau of Alcohol, Firearms, Tobacco, and Explosives, and was prosecuted by Assistant United States Attorney Frank Schaeffer.

 

            Michael Howell, 33, of Mishawaka, Indiana, plead guilty on 1/7/10 before Magistrate Judge Christopher Nuechterlein to possession with the intent to distribute marijuana. Howell admitted in his plea agreement that the Indiana State Police executed a search warrant at his home located in St. Joseph County, Indiana. ISP officers found over 100 marijuana plants, grow materials, grow lights, and a handgun. Sentencing has been set for April 12, 2010. This case was investigated by the Drug Enforcement Administration, and was prosecuted by Assistant United States Attorney Frank Schaeffer.

 

            Tito Montes Alvarez, 28, currently incarcerated, plead guilty on 1/7/10 before Magistrate Judge Christopher Nuechterlein to re-entry of a deported alien. Alvarez admitted in a plea agreement that he is a citizen of Mexico and is in this country illegally. On May 24, 2000 I was convicted of a felony for illegally transferring or selling a controlled substance in the Los Angeles, California, Superior Court. After that conviction, he was removed from the United States on September 14, 2000 and again removed on March 8, 2006. On August 26, 2009 he was arrested in South Bend, Indiana on state charges. He admit that after he was removed from the United States on March 8, 2006, he had reentered the United States. Sentencing has been set for April 12, 2010. This case was investigated by US Immigration and Customs Enforcement, and was prosecuted by Assistant United States Attorney John Maciejczyk.

             

            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.