United States Attorney David Capp

Northern District of Indiana

E. Ross Adair Federal Building & United States Courthouse

1300 South Harrison Street, Room 3128

Fort Wayne, Indiana  46802

Hammond                                                      South Bend                                           Fort Wayne

 
                       

 

FOR IMMEDIATE RELEASE                                                         CONTACT: Mary Hatton

August 2, 2013                                                                                   DESK: (219) 937-5603

www.usdoj.gov/usao/inn/                                                                   CELL: (219) 314-9993

                                                                                                                        mary.hatton@usdoj.gov

 

 

WEEK IN REVIEW – FORT WAYNE

 

 

            Fort Wayne, Indiana —The United States Attorney’s Office announced the following activity in Federal Court:

 

PLEA:

 

Ø  Gerardo Martinez-Gaston, 42, of Fort Wayne, Indiana, pled guilty before Magistrate Judge Roger B. Cosbey to the felony offense of conspiracy to distribute and possess with the intent to distribute cocaine. Magistrate Cosbey is recommending that the district court accept the tendered guilty plea.  Parties have 10 days in which to object to the magistrate judge’s recommendation. This investigation was conducted by the FBI Fort Wayne Safe Streets Task Force and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  The Fort Wayne Safe Streets Task Force is comprised of FBI agents and officers from the Indiana State Police, Allen County Police Department, and Fort Wayne Police Department.  The New Haven Police Department, Steuben County Sheriff's Department, Elkhart County Interdiction and Covert Enforcement Unit, South Bend Police Department, and IMAGE Drug Task Force assisted with this investigation. This case is being prosecuted by Assistant United States Attorney Lesley Miller Lowery.

Ø  Joseph R Topp, 20, of Angola, Indiana, pled guilty before Magistrate Judge Roger B. Cosbey to the felony offense of distribution of child pornography. Magistrate Cosbey is recommending that the district court accept the tendered guilty plea.  Parties have 10 days in which to object to the magistrate judge’s recommendation. This case resulted from an investigation by members of the Indiana Internet Crimes Against Children Task Force, including the Federal Bureau of Investigation Cyber Crime Task Force.  This case is being prosecuted by Assistant United States Attorney Lesley Miller Lowery.

 

If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.

 

 

 

 

DISPOSITIONS:

 

Ø  Brenna Underwood, 27, of Fort Wayne, Indiana was sentenced by District Judge Theresa L. Springmann to 1 year of probation after pleading guilty to the felony offense of maintaining a drug involved premises.  According to documents filed in this case, Underwood managed a building in Fort Wayne for the use and manufacture of crack cocaine. This case was the result of an investigation by the Federal Bureau of Investigation and the Drug Enforcement Administration.  This case was prosecuted by Assistant United States Attorney Anthony Geller.

 

Ø  James Rogers, 29, of Fort Wayne, Indiana, was sentenced by District Judge Theresa Springmann to 46 months of imprisonment and 2 years of supervised release after pleading guilty to the felony offense of possession of a firearm by a convicted felon.  According to documents filed in this case, Rogers was convicted in 2003 for distribution of crack cocaine. This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  This case was prosecuted by Assistant United States Attorney Lovita Morris-King.

 

Ø  Ku-La Lwin, 19, of Fort Wayne, Indiana, was sentenced by District Judge Theresa Springmann to 24 months imprisonment and 2 years of supervised release after pleading guilty to the felony offense of receipt and possession of a non-registered short barreled shotgun. According to documents filed in this case, Lwin was in possession of a New England 12 gauge sawed off shotgun with both the barrel and stock illegally modified.  This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  This case was prosecuted by Assistant United States Attorney Tina Nommay.

 

Ø  Leonard Riley, 21, of Fort Wayne, Indiana, was sentenced by District Judge Theresa Springmann to 21 months of imprisonment and 2 years of supervised release after pleading guilty to the felony offense of possession of a firearm by a convicted felon.  According to documents filed in this case, Riley was arrested while in possession of a handgun and had been previously convicted of auto theft.  This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  This case was prosecuted by Assistant United States Attorney Lovita Morris-King.