News and Press Releases


TUESDAY - MAY 6, 2008


RALEIGH - United States Attorney George E.B. Holding announced that yesterday in federal court MITCHELL SWAIN, 41, of Plymouth, North Carolina, pled guilty before United States District Judge James C. Dever, III to conspiring to distribute and possession with the intent to distribute more than 50 grams of cocaine base (crack) and a quantity of cocaine, in violation of Title 21, United States Code, Section 846.

A Federal Grand Jury returned a Superseding Criminal Indictment on March 26, 2008. On June 27, 2007, under the supervision of law enforcement officials, a controlled purchase was arranged for the delivery of 9 ounces of crack and a half ounce of powder cocaine to SWAIN for $7,000. The meeting occurred as agreed, where SWAIN exchanged the money for the cocaine. As agents closed in, SWAIN fled in his vehicle and started throwing the drugs out the window. Agents pursued in a high-speed chase. SWAIN was subsequently arrested after officers used their patrol car to push SWAIN’s vehicle into the cement wall of the bridge on which they were traveling. Approximately 2.5 ounces of crack was recovered on the roadway traveled by SWAIN’s car.

Later that day, a search warrant was obtained for SWAIN’s residence. Officers found an additional amount of crack and powder cocaine, scales, and $11,016.00 in currency in his bedroom.

The maximum penalties SWAIN faces are up to life in prison, years supervised release, and a fine of up to $4,000,000.

SWAIN has previous convictions of possession of cocaine and resisting arrest.

Mr. Holding commented: “The investigation and prosecution of this case is a reminder that all of our communities, whether they are large or small, are affected by the distribution and sale of illegal drugs. No community is immune and this is why my office will continue to work with state and local law enforcement to pursue these traffickers.”

Investigation of the case was conducted by the Bertie county Sheriff’s Department, the Washington County Sheriff’s Department, and the Plymouth Police Department. Assistant United States Attorney Ethan Ontjes served as prosecutor for the government.


News releases are available on the U. S. Attorney’s web page at within 48 hours of release.

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