FOR IMMEDIATE RELEASE:
FRIDAY - January 9, 2009
JURY FINDS TWO CLINTON MEN GUILTY FOR
DRUG TRAFFICKING AND FIREARMS CHARGES
RALEIGH - United States Attorney George E.B. Holding announced that in federal court yesterday a jury returned a guilty verdict on all counts alleged in a second superseding indictment, which was returned by a Federal Grand Jury on May 7, 2008, brought against two defendants. ANTHONY DANIEL SMITH, JR., 30, and OTIS WALDRON, a.k.a. Bruce Millington, 34, both of Clinton, North Carolina were found guilty of conspiring to possess with the intent to distribute, and to distribute marijuana, in violation of Title 21, United states Code, Section 841(a)(1); possessing a firearm in furtherance of their drug trafficking activities, in violation of Title 18, United States Code, Sections 924(c)(1)(a) and 2; and possessing a firearm after having been previously convicted of a felony, in violation of Title 18, United States Code, Sections 922(g)(1) and 924.
Based on evidence, the jury found them guilty of possessing with the intent to distribute approximately a pound and half of marijuana that was recovered from a residence in Clinton, North Carolina, and for possessing firearms found in that residence in furtherance of their drug trafficking, including an assault rifle, a 12-gauge shotgun, and a semi-automatic pistol. On November 13, 2008, deputies with the Sampson County Sheriff’s Office were dispatched to SMITH’s residence regarding suspicious persons behind the residence. The back door to the residence was open and deputies investigated the appearance of a possible break-in. In the residence deputies found marijuana, scales, and ammunition. A search warrant was obtained that revealed a Harrington & Richard 12-gauge shotgun, a Beretta Model 92SB .40 caliber pistol, a Norcino, Model SKS semi-automatic rifle, and a hand held police scanner.
Each defendant has multiple past felonies, including narcotics-related felonies and violent felonies. SMITH has been previously convicted of assault with a deadly weapon with intent to kill, possession of cocaine, and three counts of possession with intent to sell/deliver cocaine. WALDRON has been previously convicted of assault with a deadly weapon with intent to kill or inflict serious bodily injury and possession of schedule II drugs.
The maximum penalty each defendant could receive for the distribution of marijuana charge is up to five years imprisonment followed by up to three years of supervised release and a fine of up to $250,000. For the charge of use of a firearm during a drug trafficking crime, the penalty is not less than five years imprisonment consecutive to any other term of imprisonment, a $250,000 fine, and three years supervised release. The maximum penalty for possession of a firearm by a convicted felon is up to 10 years imprisonment followed by three years of supervised release and a fine of up to $250,000. If deemed a career criminal, the maximum penalty is up to life imprisonment followed by five years of supervised release and a fine of up to $250,000.
Sentencing has been set for April 6, 2009.
Investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Sampson County Sheriff’s Office. Assistant United States Attorney Jason Harris Cowley prosecuted the case on behalf of the United States.
News releases are available on the U. S. Attorney’s web page at www.usdoj.gov/usao/nce within 48 hours of release.