PRESS RELEASES - DECEMBER 2008
| December 05, 2008 | STRINGFELLOW, Joel T. STRINGFELLOW, Terry L. |
Conviction |
| December 10, 2008 | DEER, Ricky Van | Guilty Plea |
| December 11, 2008 | DAVIS, Darreon A. | Guilty Plea |
| December 11, 2008 | NEESE, Ashton Abraham | Guilty Plea |
| December 11, 2008 | STEEL, Willie Joe | Guilty Plea |
| December 12, 2008 | EDWARDS, Ernest, Jr. | Sentencing |
| December 17, 2008 | FREEMAN, Bryan Scott | Guilty Plea |
| December 22, 2008 | DEGASE, Floyd | Guilty Plea |
| December 22, 2008 | GREENWOOD, Cody Allen | Guilty Plea |
| December 22, 2008 | HULL, James R. | Sentencing |
| December 24, 2008 | BURRIS, Richard CASON, Michael a/k/a CASON, Mike FAIRCHILD, Bobby FERNANDEZ, Edgar FERNANDEZ, Rogelio SMITH, Jimmy |
Initial Appearance |
FOR RELEASE: December 05, 2008
SUBJECT: STRINGFELLOW, Joel T.; and STRINGFELLOW, Terry L.
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JOEL T. STRINGFELLOW, age 55, and TERRY L. STRINGFELLOW, age 52, both of Calera, Oklahoma, were found guilty by a federal jury on Friday.
“The STRINGFELLOWS faced charges in a trial that began with testimony on December 1, 2008,” stated U.S. Attorney Sheldon J. Sperling. “After a five day trial, the jury found the defendants guilty of Money Laundering and Bankruptcy Fraud, in violation of Title 18, U.S.C. §§ 1957 and 2; Title 18, U.S.C. §§ 152(5) & (7) and 2; and Title 18, U.S.C. § 152(3).”
“The defendants were charged in a twelve count indictment relating to bankruptcies filed in 2003 by Sioux Redi-Mix, Inc. and Sioux Aggregates, Inc. JOEL STRINGFELLOW fraudulently transferred the companies’ assets in anticipation of the bankruptcies, fraudulently receiving the corporations’ assets while they were in bankruptcy and money laundering. TERRY STRINGFELLOW was convicted for making false declarations under penalty of perjury in the bankruptcy cases. The defendants are husband and wife,” noted U.S. Attorney Sperling.
“Charges arose from an investigation by the Federal Bureau of Investigation, Internal Revenue Service, and the United States Trustee Program, a component of the U.S. Department of Justice which acts in the public interest to promote the efficiency and to protect and preserve the integrity of the bankruptcy system,” recalled U.S. Attorney Sperling.
“The Honorable Frank H. Seay, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the trial. The Court ordered the completion of a presentence report. Sentencing will be scheduled following its completion. The defendants are free on bond pending sentencing.”
“Special Assistant United States Attorney David Newman and Assistant United States Attorney Gay Guthrie represented the United States.”
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FOR RELEASE: December 10, 2008
SUBJECT: DEER, Ricky Van
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that RICKY VAN DEER, age 48, of Seminole, Oklahoma, pled guilty to Obstruction of the Due Administration of Justice, a violation of Title 18 United States Code, Section 1503.
“DEER, a former Seminole Nation Council Member and Seminole Nation Development Authority Trustee was indicted in March 2008 by a federal Grand Jury. His jury trial for was set to begin today on One Count of Conspiracy to Pay and Receive Illegal Gratuities and One Count of Obstruction of the Due Administration of Justice,” U.S. Attorney Sperling stated. “A jury selected on December 1, 2008, returned today for the beginning of the trial.”
“The indictment alleged that from August 2000, until approximately March 2004, DEER conspired with other individuals to receive things of value from IVY ONG, d/b/a/ Carlo World Wide Operations, LLC, in order to secure and maintain contractual relationships with the Seminole Nation to pursue gaming opportunities,” U.S. Attorney Sperling noted.
“IVY KWOK ONG, a/k/a Ivy Ong, age 65, of El Paso, TX, the operator of Carlo Worldwide Operations, LLC (Carlo), a Nevada corporation active in supplying video gaming machines to tribal casinos, pled guilty on September 21, 2007, to a two-count felony information. ONG was convicted of Conspiracy to Commit Tax Evasion and Conspiracy to Pay and Receive Illegal Gratuities, in violation of 18 U.S.C. §371, 201(c)(1)(A)&(B) and 26 U.S.C. §720. ONG was sentenced on May 20, 2008 to 39 months in prison and ordered to pay $199,610 in restitution,” recalled U.S. Attorney Sperling. “ONG, who has been cooperating with the government, was to be the first witness called by the United States in today’s trial.”
“ONG provided payments and other things of value to DEER in exchange for DEER’s power to impact business transactions between the Seminole Tribe, SNDA and Carlo,” continued U.S. Attorney Sperling. "DEER received at least 16 payments totaling $44,100.00.”
“During the last week, attorneys for both sides had filed briefs addressing whether DEER, as an elected leader of a tribe receiving federal funds and subject to federal regulations, was a “public official” who could be convicted for accepting such payments. When the presiding Judge declined to rule on the legal question until after the case was heard by a jury, the parties reached an agreement for DEER to plead guilty to the obstruction count which does not contain a “public official” jurisdictional element. In return, the government agreed to dismiss the conspiracy count at the time of sentencing,’ stated U.S. Attorney Sperling.
“DEER then appeared before a United States Magistrate Judge Kimberly E. West and entered a guilty plea to obstructing justice in a grand jury investigation. He admitted that he knew about the Grand Jury investigation and attempted to impede and subvert the investigation. DEER admitted “creating false documents” in an effort to show a legitimate reason for the payments from IVY ONG,” added U.S. Attorney Sperling. “The judge then ordered the completion of a presentence investigation report. DEER was released on bond pending sentencing.”
“The trial exhibits included four fictitious auto repair bills and false documentation of a $10,000 loan. The fill-in-the-blank loan document, with a handwritten date of February 9, 2001, was submitted on a commercially-sold form not available for purchase until November 2001,” explained U.S. Attorney Sperling. “Small print at the bottom of the form, distributed by Made E-Z Products, Inc, showed that it was the ‘Rev. 10/01’ edition.”
“The statutory range of punishment is not more than (10) years imprisonment and/or up to $250,000.00 in fines and a special assessment of $100.00. Preliminary sentencing guidelines project the defendant could face 10-16 months in prison,” stated U.S. Attorney Sperling. “It is possible that the sentence could be higher if the presentence report holds Deer responsible for the payments he was trying to hide.”
“The government’s 14 anticipated witnesses included ONG, his former secretary, former gaming manager Jon A. Rooks, former state senator Danny Williams, DEER’s girlfriend Jackie Warledo, a local construction company owner, a tribal law expert, and Alyn BRANNON who has also entered a plea arising from the investigation,” recalled U.S. Attorney Sperling. “The government had planned to introduce 59 exhibits in the jury trial.”
“The real advantage to securing this guilty plea is finality,” noted U.S. Attorney Sperling. “While we were confident of our prospects with a jury, the appeal that would certainly have followed a conviction would have added another 2-3 years to this seven-year-long investigation.”
“Investigators will interview DEER in the coming week and will, as they have done from the beginning of this matter, follow all leads to their just conclusion,” stated U.S. Attorney Sperling when asked whether other tribal officials could still be charged.
“Participants in this massive investigation have included agents and investigators from the Bureau of Indian Affairs (BIA), the Internal Revenue Service (IRS), the Federal Bureau of Investigation (FBI) and the National Indian Gaming Commission (NIGC),” stated U.S. Attorney Sheldon J. Sperling.
“Assistant United States Attorney Linda Epperley represented the United States.”
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FOR RELEASE: December 11, 2008
SUBJECT: DAVIS, Darreon A.
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that DARREON A. DAVIS, age 22, of Muskogee, Oklahoma, pled guilty to Possession with Intent to Distribute Cocaine Base, also known as Crack Cocaine, a violation of Title 21 United States Code, Sections 841(a)(1) and 841(b)(1)(B)(iii).
“Charges arose from an investigation by the Muskogee Police Department, the Muskogee County Sheriff’s Department and the Drug Enforcement Administration (DEA) and the Federal Bureau of Investigations (FBI),” stated U.S. Attorney Sheldon J. Sperling. “DAVIS was indicted in November 2008.”
“On June 25, 2007 and July 1, 2007, DAVIS sold crack cocaine to a confidential informant. On September 28, 2007, DAVIS was found in possession of crack cocaine, during a traffic stop by the Muskogee Police Department,” continued U.S. Attorney Sperling.
“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 completion of a presentence report. Sentencing will be scheduled following its completion. The defendant remains in the custody of the United States Marshal Service pending sentencing.”
“The statutory range of punishment is not less than 5 years and up to 40 years imprisonment and/or up to $4,000,000.00 in fines,” stated U.S. Attorney Sperling. “A preliminary calculation of the Sentencing Guidelines, projects an advisory sentencing range of 70-87 months imprisonment.”
“Assistant United States Attorney Ryan Roberts represented the United States.”
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FOR RELEASE: December 11, 2008
SUBJECT: NEESE, Ashton Abraham
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that ASHTON ABRAHAM NEESE, age 18, of Antlers, Oklahoma, pled guilty to Possession of Stolen Firearm, a violation of Title 18, United States Code, Section 922(j).
“Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms, Federal Bureau of Investigation, Oklahoma State Bureau of Investigation, the Pushmataha District Attorney’s Office and other local law enforcement officers,” stated U.S. Attorney Sheldon J. Sperling. “NEESE was indicted in November, 2008.”
“In August 2008, NEESE committed a burglary on a residence in Pushmataha County along with Cody Greenwood. Fourteen (14) firearms were stolen. An informant told law enforcement that some of those firearms were at a residence of a known associate of NEESE,” continued U.S. Attorney Sperling.
“On August 18, 2008 a state search warrant was served on that residence. A rifle was found hidden beneath a mattress in a bedroom. The rifle was identified as one that was previously stolen. The owner of the residence informed law enforcement that NEESE and Greenwood brought the rifle and others to the residence that day,” reported U.S. Attorney Sperling.
“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 completion of a presentence report. Sentencing will be scheduled following its completion. The defendant remains in the custody of the United States Marshal Service pending sentencing.”
“The statutory range of punishment is up to 10 years imprisonment and/or up to $250,000.00 in fines,” stated U.S. Attorney Sperling. “A preliminary calculation of the Sentencing Guidelines, projects an advisory sentencing range of 41 to 51 months imprisonment.”
“Assistant United States Attorney Ryan Roberts represented the United States.”
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FOR RELEASE: December 11, 2008
SUBJECT: STEEL, Willie Joe
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that WILLIE JOE STEEL, age 35, of Antlers, Oklahoma, pled guilty to Felon in Possession of Firearm and Possession of Stolen Firearm, in violation of Title 18, United States Code, Section 922(g)(1) and (j).
“Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms, Federal Bureau of Investigation, Oklahoma State Bureau of Investigation, the Pushmataha District Attorney’s Office and other local law enforcement officers,” stated U.S. Attorney Sheldon J. Sperling. “NEESE was indicted in November 2008.”
“In August 2008, STEEL, along with others, committed a burglary on a storage building in Pushmataha County, where approximately 25 firearms were stolen. On August 20, 2008, Steel was interviewed by an OSBI agent and a Pushmataha County Investigator about that burglary. STEEL admitted the he assisted in committing that burglary and gave a list of individuals to whom he sold or traded those firearms,” continued U.S. Attorney Sperling.
“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 completion of a presentence report. Sentencing will be scheduled following its completion. The defendant remains in the custody of the United States Marshal Service pending sentencing.”
“The statutory range of punishment is up to 10 years imprisonment and/or up to $250,000.00 in fines,” stated U.S. Attorney Sperling. “A preliminary calculation of the Sentencing Guidelines, projects an advisory sentencing range of 41 to 51 months imprisonment.”
“Assistant United States Attorney Ryan Roberts represented the United States.”
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FOR RELEASE: December 12, 2008
SUBJECT: EDWARDS, Ernest, Jr.
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that ERNEST EDWARDS, JR., age 43, of Muskogee, Oklahoma, was sentenced to 10 years imprisonment and four years supervised release, for possession with intent to distribute and distribution of cocaine base a/k/a “crack” cocaine, a Schedule II Controlled Substance, in violation of Title 21 U.S.C. Section 841(a)(1) and 841(b)(1)(A)(iii).
“Charges arose from a huge task force investigation coordinated by our office under the Drug Enforcement Administration umbrella,” reported U.S. Attorney Sperling. “This particular case was the product of work by the Oklahoma Bureau of Narcotics. An OBN undercover agent facilitated this important case.”
“On May 23, 2007, EDWARDS had in his possession and intended to distribute crack cocaine. On December 18, 2007, a felony information was filed charging EDWARDS with possessing and distributing cocaine base.”
“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 will remain in the custody of the United States Marshal Service.”
“This prosecution is just one of over 90 arrest warrants issued in Operation Sixkiller,” reported U.S. Attorney Sperling. “The task force effort joined 22 local, county, state and federal prosecution and investigative agencies. District 25 District Attorney Tom Giulioli and District 15 District Attorney Larry Moore are leading the state prosecutions. Assistant United States Attorney Rob Wallace was the lead federal prosecutor for this task force.”
“Assistant United States Attorney Ryan M. Roberts represented the government at today’s sentencing.”
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FOR RELEASE: December 17, 2008
SUBJECT: FREEMAN, Bryan Scott
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that BRYAN SCOTT FREEMAN, age 20, of Antlers, Oklahoma, pled guilty to Felon in Possession of Firearm, and Possession of Stolen Firearm, a violation of Title 18, United States Code, Section 922(g)(1) and (j).
“Charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms, Federal Bureau of Investigation, Oklahoma State Bureau of Investigation, the Pushmataha District Attorney’s Office and other local law enforcement officers,” stated U.S. Attorney Sheldon J. Sperling. “FREEMAN was indicted in November, 2008.”
“On August 15, 2008, FREEMAN, along with another person, stole approximately 15 firearms from a storage unit in Pushmataha County. The firearms were recovered by law enforcement agents during the execution of a search warrant. FREEMAN, a previously convicted felon, is prohibited from possessing firearms.” continued U.S. Attorney Sperling.
“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 a presentence investigation report. Sentencing will be scheduled following its completion. The defendant remains in the custody of the United States Marshal Service pending sentencing.”
“The statutory range of punishment is up to 10 years imprisonment and/or up to $250,000.00 in fines,” stated U.S. Attorney Sperling. “A preliminary calculation of the Sentencing Guidelines, projects an advisory sentencing range of 87 to 108 months imprisonment.”
“Assistant United States Attorney Ryan Roberts represented the United States.”
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FOR RELEASE: December 22, 2008
SUBJECT: DEGASE, Floyd
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that FLOYD DEGASE, age 53, of Tahlequah, Oklahoma, pled guilty to Felon in Possession of a Firearm, a violation of Title 18, United States Code, Sections 922(g)(1), 924(a) and 924(e).
“Charges arose from an investigation by the District 27 Drug Task Force and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF),” stated U.S. Attorney Sheldon J. Sperling. “DEGASE was indicted in November 2008.”
“On March 14, 2008, agents from the District 27 Drug Task Force went to the defendant’s residence and met him outside. Officers obtained written consent to search the residence and uncovered two (2) firearms. DEGASE, a previously convicted felon, is prohibited from possessing a firearm.”
“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 completion of a presentence report. Sentencing will be scheduled following its completion. The defendant remains in the custody of the United States Marshal Service pending sentencing.”
“The statutory range of punishment is not more than 10 years and/or up to $250,000.00 in fines,” stated U.S. Attorney Sperling. “A preliminary calculation of the Sentencing Guidelines, projects an advisory sentencing range of 70-87 months imprisonment.”
“Assistant United States Attorney Shannon Henson represented the United States.”
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FOR RELEASE: December 22, 2008
SUBJECT: GREENWOOD, Cody Allen
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that CODY ALLEN GREENWOOD, age 19, of Antlers, Oklahoma, pled guilty to Possession of Stolen Firearm, a violation of Title 18 United States Code, Section 922(j).
“Charges arose from an investigation by the Federal Bureau of Investigation (FBI) and local law enforcement agencies,” stated U.S. Attorney Sheldon J. Sperling. “GREENWOOD was indicted in November 2008.”
“In August 2008, the defendant committed a burglary of a residence in Pushmataha County, from which 14 firearms were taken by the defendant and another person,” continued U.S. Attorney Sperling. “Law enforcement agents obtained a search warrant and conducted a search at a residence where a rifle was found under a mattress in a bedroom. The rifle was previously reported stolen from the residence where the burglary had occurred. The rifle case bearing the name of the burglary victim was recovered from the residence being searched.”
“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 completion of a presentence report. Sentencing will be scheduled following its completion. The defendant remains in the custody of the United States Marshal Service pending sentencing.”
“The statutory range of punishment is not more than 10 years imprisonment and/or up to $250,000.00 in fines,” stated U.S. Attorney Sperling. “A preliminary calculation of the Sentencing Guidelines projects an advisory sentencing range of 37-46 months imprisonment.”
“Assistant United States Attorney Ryan Roberts represented the United States.”
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FOR RELEASE: December 22, 2008
SUBJECT: HULL, James R.
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that JAMES R. HULL, age 67, of Edmond, Oklahoma, was sentenced to two (2) years probation for Use of False Writing or Document, and 2 years probation for the misdemeanor offense of False Claim of Receipt of Military Decoration or Medal. The sentences were ordered to run concurrently. The defendant was also ordered to pay $8,760.00 in restitution and $110.00 in special assessment fees.
“Charges arose from an investigation by the Office of Inspector General, Criminal Investigation Division,” stated U.S. Attorney Sheldon J. Sperling. “HULL pled guilty to the charges on June 30, 2008.”
“The defendant submitted false and fraudulent documents in support of a claim for VA benefits. In those documents, the defendant falsely claimed to have received the Purple Heart, Silver Star and the Meritorious Service Medal while purportedly serving in the Republic of Vietnam.” U.S. Attorney Sperling continued.
“The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, presided over today’s sentencing.”
“Assistant United States Attorney Christopher J. Wilson represented the United States.”
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FOR RELEASE: December 24, 2008
SUBJECT: BURRIS, Richard; CASON, Michael; a/k/a CASON, Mike; FAIRCHILD, Bobby; FERNANDEZ, Edgar; FERNANDEZ, Rogelio; and SMITH, Jimmy
MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that nine (9) defendants have been charged via Criminal Complaints filed in the Federal District Court for the Eastern District of Oklahoma. The Complaints were filed on December 19 and 23, 2008. Six (6) of the nine defendants made initial appearances and/or appeared for preliminary/detention hearings today.
“ROGELIO FERNANDEZ, age 47, and EDGAR FERNANDEZ, age 41, both of El Paso, Texas, made Initial Appearances on charges from the December 23 Complaint,” stated United States Attorney Sheldon J. Sperling.
“BOBBY FAIRCHILD, age 44, of Oktaha, Oklahoma, MICHAEL CASON, a/k/a Mike Cason, age 49, of Oktaha, Oklahoma, RICHARD BURRIS, age 38, of Checotah, Oklahoma, and JIMMY SMITH, age 51, of Ochelata, Oklahoma, appeared for Preliminary/Detention Hearings on charges from the December 19 Complaint.”
“The two separate complaints charge the defendants with violations of the following Federal Statutes:
Title 21, United States Code, Section 846, Conspiracy to Possess with Intent to Distribute Controlled Substances. Punishment: Not less than ten (10) years nor more than life imprisonment, a fine of up to $4,000,000.00, or both such fine and imprisonment, a mandatory term of supervised release of at least five (5) years, and a $100.00 mandatory special monetary assessment.”
“Title 18, United States Code, Section 1956(h), Conspiracy to Launder Monetary Instruments. Punishment: Not more than twenty (20) years imprisonment, a fine of up to $500,000.00 or twice the value of the monetary instruments involved in the transaction, a discretionary term of supervised release of not more than five (5) years, and a $100.00 mandatory special monetary assessment.”
“Eight (8) of the defendants have been arrested and are in the custody of the United States Marshal,” continued United States Attorney Sperling. “Louis Montoya remains at large and is being sought by state and federal authorities.”
“Charges arose from an investigation being conducted by the Drug Enforcement Administration (DEA), the Muskogee County Sheriff’s Office, the Muskogee Police Department, 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,” concluded U.S. Attorney Sperling.
“The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the defendants’ not guilty pleas and ordered each defendant to remain in the custody of the U.S. Marshal’s Service pending trial.
“First Assistant United States Attorney Doug Horn represented the United States at today’s hearings.”
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