United States Attorney's Office - Eastern District of Oklahoma PRESS RELEASES

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JOHNNY WAYNE BLAIR, age 21, of Tahlequah, Oklahoma, was sentenced to 36 months imprisonment, followed by 24 months supervised release for being a Felon in Possession of a Stolen Firearm, in violation of Title 18, U.S.C. Section 922(j).

“Charges arose from an investigation by the Cherokee County Sheriff’s Department, the Tahlequah Police Department and the Bureau of Alcohol, Tobacco and Firearms,” reported U.S. Attorney Sperling. “BLAIR was indicted in March 2009 and pled guilty in April 2009.”

“On January 20, 2009, the Cherokee County Sheriff’s Department received information that BLAIR was in possession of firearms that had been stolen from a business in Tahlequah, Oklahoma. On January 23, 2009 BLAIR was arrested by Tahlequah Police on unrelated charges.”

“When questioned by law enforcement, BLAIR admitted to the burglary and theft of the firearms. BLAIR stated that he had traded some of the firearms for drugs,” continued U.S. Attorney Sperling.

“The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s hearing. The defendant remains in the custody of the United States Marshal Service pending transportation to the designated federal prison at which he will serve his nonparolable sentence.”

“Assistant United States Attorney D. Edward Snow represented the United States.”

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FOR RELEASE: October 14, 2009
SUBJECT: CLARY, David Neal

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that DAVID NEAL CLARY, age 52, of Antlers, Oklahoma, was sentenced to 96 months imprisonment, followed by 36 months of supervised release for being a Felon in Possession of a Firearm, in violation of Title 18 U.S.C. Section 922(g).

“Charges arose from an investigation by the Pushmataha County Sheriff’s Department, the Oklahoma Department of Fish and Wildlife and the Bureau of Alcohol, Tobacco and Firearms” stated U.S. Attorney Sheldon J. Sperling. “CLARY, a previously convicted felon is prohibited from possessing any firearms. The defendant was indicted in November 2008 and pled guilty in April 2009.”

“On August 7, 2008, a Pushmataha County deputy was dispatched to a location in Antlers on a report of a shooting. Upon arriving, the deputy was informed that CLARY had shot at two men when they drove past his residence.”

“When law enforcement arrived at CLARY’s residence, he eventually emerged wearing military clothing. When the officers performed a pat-down of CLARY he began to struggle, attempting to conceal a knife. CLARY told the officer that he had several weapons inside the house. Law enforcement officers located pistols, assault weapons and shotguns,” continued U.S. Attorney Sperling.

“The Honorable James H. Payne, Chief Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s hearing. The defendant remains in the custody of the United States Marshal Service pending transportation to the designated federal prison at which he will serve his nonparolable sentence.”

“Assistant United States Attorney Shannon Henson represented the United States.”

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FOR RELEASE: October 14, 2009
SUBJECT: GARDENHIRE, Jamaal Everett; a/k/a GARDENHIRE, Jamall

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JAMAAL EVERETT GARDENHIRE, a/k/a, JAMALL GARDENHIRE, age 25, of Muskogee, Oklahoma was sentenced to 70 months imprisonment, followed by 36 months of supervised release for being a Felon in Possession of a Firearm, in violation of Title 18, U.S.C. Section 922(g)(1).

“Charges arose from an investigation by the Muskogee Police Department and the Bureau of Alcohol, Tobacco and Firearms,” reported U.S. Attorney Sperling. “GARDENHIRE was indicted in April 2009 and pled guilty in May 2009.”

“On March 22, 2009, the Muskogee Police Department were dispatched to Max’s Garage in Muskogee on a disturbance call,” stated U.S. Attorney Sheldon J. Sperling. “When the officers arrived, several witnesses directed them to GARDENHIRE, who was standing in the middle of Broadway Street.”

“When officers approached GARDENHIRE, he had a strong odor of alcohol, was unsteady on his feet and spoke with a slurred speech. Officers placed GARDENHIRE under arrest and performed a pat down in which they recovered a loaded .38 caliber, Charter Arms, Undercover model pistol, in the defendant’s front right pocket.”

“The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s hearing. The defendant remains in the custody of the United States Marshal pending transportation to the designated federal prison at which he will serve his nonparolable sentence.”

“Assistant United States Attorney Dean Burris represented the United States.”

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FOR RELEASE: October 15, 2009
SUBJECT: MUSTIN, Vernon Dale

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that VERNON DALE MUSTIN, age 51, of Spiro, Oklahoma, was arrested on a federal criminal complaint charging him with one count of Mailing Injurious Articles, in violation of Title 18, United States Code, Section 1716 and one count of Possessing and Using a Destructive Device, in violation of Title 18, United States Code, Section 924 (c)(1).

“Charges arose from a joint investigation by the U.S. Postal Inspection Service, Los Angeles Division, and Visalia Police Department,” U.S. Attorney Sperling continued. “In the Eastern District of Oklahoma, The U.S. Postal Inspectors, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, the Oklahoma Highway Patrol Bomb Squad, and the Leflore County Sheriff’s Department provided investigative boots on the ground,” noted U.S. Attorney Sperling.

“According to the complaint, MUSTIN caused a package, containing five pipe bombs, to be mailed to a business in Visalia, CA. The defendant is alleged to have disguised the identification of the location in Oklahoma from which the package was mailed.”

“On September 8, 2009, an employee of the business, opened the package and one of the bombs exploded, injuring the employee. That employee received flash burns and cuts on his right arm, left hand, and face. The remnants of the packaging led investigators to a re-mailing service in Roseville, CA. Subsequent investigation led to MUSTIN in Oklahoma, the brother of the Visalia business owner.”

“The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant’s waiver of further identity proceedings in the Eastern District of Oklahoma and ordered defendant transported to the Eastern District of California. The defendant remains in the custody of the United States Marshal Service, pending transfer back to California.”

“The statutory range of punishment is up to 30 years imprisonment and/or up to $250,000.00 in fines, reported U.S. Attorney Sperling.

U.S. Attorney Lawrence G. Brown and Assistant U.S. Attorney Karen A. Escobar will be prosecuting the case. Assistant United States Attorney Shannon Henson represented the United States in written form and in court today.

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FOR RELEASE: October 15, 2009
SUBJECT: TACKETT, Jennifer Michelle; a/k/a MILLIGAN, Jennifer M.

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JENNIFER MICHELLE TACKETT, aka, JENNIFER M. MILLIGAN, age 30, of Shady Point, Oklahoma, pled guilty to Misapplication of Financial Institution Funds, in violation of Title 18, United States Code, Section 656.

Charges arose from an investigation by the Federal Bureau of Investigation. TACKETT was indicted in September, 2009.

The Indictment alleged that from on or about January, 2005 to June, 2005, TACKETT, an employee of the Community State Bank in Spiro, Oklahoma, embezzled $13,000.00.

The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant’s guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. The defendant remains on bond pending sentencing.

The statutory range of punishment is not more than 30 years imprisonment and/or up to $1,000,000.00 in fines. A preliminary calculation of the Sentencing Guidelines, projects an advisory sentencing range of 6-12 months imprisonment.

Assistant United States Attorney Gay Guthrie represented the United States.

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FOR RELEASE: October 15, 2009
SUBJECT: WALDEN, Larry Eugene

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that LARRY EUGENE WALDEN, age 57, of Stigler, Oklahoma, pled guilty to 3 counts of Bank Robbery, in violation of Title 18, United States Code, Section 2113(a).

Charges arose from an investigation by the Sallisaw Police Department, the McAlester Police Department, the Fort Smith Police Department and the Federal Bureau of Investigation. WALDEN was indicted in August, 2009.

The Indictment alleged that on three separate occasions, WALDEN robbed 3 different banks in Oklahoma. On March 27, 2009, the defendant robbed the Bancfirst, in McAlester of approximately $3,987.00, on April 20, 2009, he robbed the Arvest Bank in Poteau of approximately $2,075.50 and on April 30, 2009, WALDEN robbed the National Bank of Sallisaw of approximately $2,671.71.

WALDEN was arrested on June 15, 2009 by Fort Smith Police Officers. Clothing, bank bags, red dye stained money and a jacket the defendant wore during the Sallisaw bank robbery were recovered at the time of his arrest.

The statutory range of punishment is up to 20 years imprisonment and/or up to $250,000.00 in fines. A preliminary calculation of the Sentencing Guidelines, projects an advisory sentencing range of 57-71 months imprisonment.

Assistant United States Attorney Shannon Henson represented the United States.

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FOR RELEASE: October 21, 2009
SUBJECT: BURNS, Dusty

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that DUSTY BURNS, age 29, of Checotah, Oklahoma, pled guilty to Possession with Intent to Distribute Anabolic Steroids, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(D).

Charges arose from an investigation by the Drug Enforcement Administration. BURNS was indicted in August, 2009.

From approximately September, 2005 through June, 2008, the defendant sold anabolic steroids to co-defendant Rusty Hamm and others, to use and distribute.

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant’s guilty plea and ordered the completion of a presentence investigation report. Sentencing will be scheduled following its completion. The defendant was released under the supervision of the U.S. Probation Office pending sentencing.

The statutory range of punishment is not more than 5years imprisonment, and/or up to $250,000.00 fines. A preliminary calculation of the Sentencing Guidelines, projects an advisory sentencing range of 10 – 16 months imprisonment.

Assistant United States Attorney Ryan Roberts represented the United States.

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FOR RELEASE: October 21, 2009
SUBJECT: GARCIA, Enrique; a/k/a "KIKI"

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that ENRIQUE GARCIA, a/k/a “Kiki,” age 19, of Muskogee, Oklahoma, pled guilty to Possession with Intent to Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B)(viii).

Charges arose from an investigation by the District 27 District Attorney’s Drug Task Force, the Tahlequah Police Department, the Oklahoma Highway Patrol and the Bureau of Alcohol, Tobacco and Firearms. GARCIA was indicted in August 2009.

The Indictment alleged that on May 19, 2009, during a traffic stop in near Hulbert, Oklahoma, GARCIA was found in possession of approximately 121 grams of methamphetamine.

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendant’s guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. The defendant remains on bond pending sentencing.

The statutory range of punishment is not less than 5 years nor more than 40 years imprisonment and/or up to $2,000,000.00 in fines.

Assistant United States Attorney Ed Snow represented the United States.

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FOR RELEASE: October 21, 2009
SUBJECT: MANTZKE, Ronny Wayne

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that RONNY WAYNE MANTZKE, age 32, of Healdton, Oklahoma, was sentenced to 168 months imprisonment, followed by 36 months of supervised release for Possession of Listed Chemical with Intent to Manufacture a Controlled Substance in violation of Title 21 U.S.C. Section 841(c)(1), Possession and Discharge of a Firearm in Furtherance of a Drug Trafficking Crime, in violation of Title 18 U.S.C. Section 924(c) and Felon in Possession of Firearm, in violation of Title 18, U.S.C., Section 922(g).

Charges arose from an investigation by the Durant Police Department and the Bureau of Alcohol, Tobacco and Firearms. MANTZKE was indicted in March 2009 and pled guilty in April 2009.

On February 19, 2009 during a traffic stop by the Durant Police, MANTZKE pointed a pistol at one officer and fled on foot. After a short pursuit, MANTZKE was arrested and the firearm was recovered. The firearm was chamber loaded and the hammer was cocked. A further search of MANTZKE’s vehicle, uncovered approximately 13 grams of pseudoephedrine.

The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over today’s hearing. The defendant remains in the custody of the United States Marshal Service pending transportation to the designated federal prison at which he will serve his nonparolable sentence.

Assistant United States Attorney Shannon Henson represented the United States.

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FOR RELEASE: October 21, 2009
SUBJECT: SMITH, Anita Marie

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that ANITA MARIE SMITH, age 36, of Watson, Oklahoma, pled guilty to Money Order Fraud, in violation of Title 18, United States Code, Section 500.

Charges arose from an investigation by the United States Postal Service, Office of Inspector General. SMITH was indicted in September, 2009.

The Indictment alleged that from on or about March 18, 2009 to June 13, 2009, SMITH, an employee of the United States Postal Service in Watson, Oklahoma, issued money orders without remitting the money order funds and fees to the U.S. Postal Service. In order to cover her issuance of money orders, the defendant wrote at least 5 personal checks that were subsequently returned to the USPS as being insufficient funds.

The statutory range of punishment is not more than 5 years imprisonment and/or up to $250,000.00 in fines.

Assistant United States Attorney Ed Snow represented the United States.

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FOR RELEASE: October 27, 2009
SUBJECT: OPERATION: FAIR GAME CONCLUDES WITH GUILTY PLEAS - BURRIS, Richard Anthony; CASON, Michael; a/k/a CASON, Mike; FAIRCHILD, Bobby; FERNANDEZ, Edgar; FERNANDEZ, Rogelio; FRENCH, Calvin Harvey; GUZMAN, Alfredo; MONTOYA, Louie; a/k/a MONTOYA, Luis; and SMITH, Jimmy Clinton

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced the guilty pleas of nine (9) co-defendants all of whom were originally indicted by a Federal Grand Jury in January, 2009. The Indictment alleged that the nine defendants all conspired to possess with intent to distribute and distribute controlled substances. Each of the defendants entered guilty pleas to an individual criminal information.

The following defendants were charged with and pled guilty to: Count 1, Conspiracy to Possess With Intent to Distribute and Distribute Controlled Substances, in violation of Title 21, United States Code, Section 846, which is punishable by a term of imprisonment of not more than 20 years and up to $1,000,000.00 in fines; Count 2, Conspiracy to Launder Monetary Instruments, in violation of Title 18, United States Code, Section 1956(h), which is punishable by a term of imprisonment of not more than 20 years and up to $500,000.00 in fines; and Count 3 Drug Forfeiture pursuant to Title 21, United States Code, Section 853, which results in the forfeiture of the defendants’ interest in certain assets which were used to facilitate Count 1, or were the proceeds of or obtained with the proceeds from the activity charged in Count 1.

BOBBY FAIRCHILD, age 45, of Oktaha, Oklahoma, pled guilty on May 4, 2009. A preliminary calculation of the Sentencing Guidelines, projects a term of imprisonment of 168-210 months.

LOUIE MONTOYA, a/k/a, LUIS MONTOYA, age 62, of Albuquerque, New Mexico, pled guilty on May 7, 2009. A preliminary calculation of the Sentencing Guidelines, projects a term of imprisonment of 37-46 months.

MICHAEL CASON, a/k/a MIKE CASON, age 50, of Oktaha, Oklahoma, pled guilty on May 11, 2009. A preliminary calculation of the Sentencing Guidelines, projects a term of imprisonment of 70-87 months.

EDGAR FERNANDEZ, age 42, and ROGELIO FERNANDEZ, age 48, both of El Paso, Texas, pled guilty on May 15, 2009. A preliminary calculation of the Sentencing Guidelines, projects a term of imprisonment of 30-37 months.

RICHARD ANTHONY BURRIS, age 39, of Checotah, Oklahoma, pled guilty on May 21, 2009. A preliminary calculation of the Sentencing Guidelines, projects a term of imprisonment of 151-188 months.

JIMMY CLINTON SMITH, age 52, of Ochelata, Oklahoma, pled guilty on October 15, 2009. A preliminary calculation of the Sentencing Guidelines, projects a term of imprisonment of 108-135 months.

The following defendants were charged with and pled guilty to: Count 1, Conspiracy to Possess With Intent to Distribute and Distribute Controlled Substances, in violation of Title 21, United States Code, Section 846, which is punishable by a term of imprisonment of not more than 20 years and up to $1,000,000.00 in fines; and Count 2, Drug Forfeiture pursuant to Title 21, United States Code, Section 853, which results in the forfeiture of the defendants’ interest in certain assets which were used to facilitate Count 1, or were the proceed of or obtained with the proceeds from the activity charged in Count 1.

ALFREDO GUZMAN, age 29, of Fort Worth, Texas, pled guilty on September 24, 2009. A preliminary calculation of the Sentencing Guidelines, projects a term of imprisonment of 37-46 months.

CALVIN HARVEY FRENCH, age 54, of Princeton, Kentucky, pled guilty on October 26, 2009. A preliminary calculation of the Sentencing Guidelines, projects a term of imprisonment of 70-87 months.

Beginning in 2003 until December, 2008, the defendants participated in the distribution of marijuana and other controlled substances out of the Muskogee, Oklahoma area.

Charges arose from an investigation being conducted by the Drug Enforcement Administration (DEA), the Muskogee County Sheriff’s Office, the Muskogee Police Department, Oklahoma Bureau of Narcotics, the Tulsa Police Department, the Tulsa County Sheriff’s Department, the Oklahoma National Guard, the McAlester Police Department, the Oklahoma Highway Patrol and other law enforcement entities across Texas, Oklahoma, Arkansas, Tennessee and Kentucky. The investigation is part of an ongoing, nationwide, coordinated effort to combat the importation of illegal substances from the Republic of Mexico into the United States. Agents have been focused upon this organization for over a year. Assistant United States Attorney Rob Wallace has led the coordinated efforts for the Eastern District of Oklahoma as part of the Organized Crime Drug Enforcement Task Force initiative.

The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendants’ guilty pleas and ordered the completion of presentence reports. Sentencings will be scheduled upon their completions. All defendants will remain in the custody of the United States Marshal pending sentencing.

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PRESS RELEASES - OCTOBER 2009