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OFFICE OF THE UNITED STATES ATTORNEY
NORTHERN DISTRICT OF WEST VIRGINIA

Betsy C. Jividen
Acting UNITED STATES ATTORNEY


1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Fawn E. Thomas, Public Affairs Specialist

 



December 9, 2009
FOR IMMEDIATE RELEASE

 

Eight Individuals Sentenced in Federal Court

ELKINS, WEST VIRGINIA — Eight individuals were sentenced on December 8 and 9, 2009, in United States District Court in Elkins by Chief Judge John P. Bailey.

Acting United States Attorney Betsy C. Jividen announced that:

DAVID MARK PAYNE, age 52, of Buckhannon, West Virginia, was sentenced on December 8, 2009, to 30 months imprisonment to be followed by one year of supervised release. PAYNE entered a plea of guilty on April 24, 2009, to one count of stealing anhydrous ammonia, knowing that it would be used to manufacture methamphetamine, on August 8, 2006, near Preston County, West Virginia. PAYNE, who is free on bond due to medical reasons, will have a hearing on April 26, 2010, to determine his reporting date to the Bureau of Prisons.

BRYAN SCOTT MORLOCK, age 39, of Lima, Ohio, was sentenced on December 8, 2009, to 18 months imprisonment to be followed by two years of supervised release. MORLOCK entered a plea of guilty on June 14, 2007, to one count of possession with intent to distribute crack cocaine and cocaine on June 7, 2007, in Buckhannon. MORLOCK, who is free on bond, will self-report to the designated Federal instituion.

REX LYNDON BENNETT, age 47, of Buckhannon, West Virginia, was sentenced on December 8, 2009, to 27 months imprisonment to be followed by one year of supervised release. BENNETT entered a plea of guilty on May 12, 2009, to one count of conspiracy to steal anhydrous ammonia, knowing that it would be used to manufacture methamphetamine, on August 8, 2006, in Upshur County, West Virginia. BENNETT was remanded to the custody of the United Statesd Marshal pending designation to a Federal institution.

MARK CHRISTOPHER HEATER, age 38, of Buckhannon, West Virginia, was sentenced on December 8, 2009, to 30 months imprisonment to be followed by three years of supervised release. HEATER entered a plea of guilty on June 4, 2009, to one count of possession of a chemical, product and material with the intent to manufacture methamphetamine, on February 14, 2009, in Upshur County, West Virginia. HEATER, who is free on bond, will self-report to the designated Federal institution.

DAVID CICALESE, age 28, of Rock Cave, West Virginia, was sentenced on December 8, 2009, to 60 months imprisonment to be followed by lifetime supervision. CICALESE entered a plea of guilty on December 5, 2008, to possession of child pornography on March 21, 2007, in Buckhannon, West Virginia. CICALESE was remanded to the custody of the United States Marshal pending designation to a Federal institution.

DAVID HAMILTON, age 30, of Barbour County, West Virginia, was sentenced on December 9, 2009, to 30 months imprisonment to be followed by three years of supervised release. HAMILTON entered a plea of guilty on May 19, 2009, to one count of possession with intent to distribute marijuana on March 12, 2009, in Barbour County. HAMILTON was remanded to the custody of the United States Marshal.

KEVIN JAMES CLINE, age 31, of Buckhannon, West Virginia, was sentenced on December 9, 2009, to 57 months imprisonment to be followed by three years of supervised release. CLINE entered a plea of guilty on June 30, 2009, to one count of possession of a chemical, product and material with the intent to manufacture methamphetamine, on July 1, 2008, in Upshur County, West Virginia. CLINE, who is free on bond, will self-report to the designated Federal institution.

KIRK CARLOS GUTH, age 40, of Buckhannon, West Virginia, was sentenced on December 9, 2009, to 18 months imprisonment followed by three years of supervised release. GUTH entered a plea of guilty on October 27, 2009, to one count of unlawful possession of a firearm on December 8, 2006, in Upshur County, West Virginia, after having been previously convicted of a crime punishable by imprisonment for a term exceeding one year. GUTH was remanded to the custody of the United States Marshal.

These cases were by Assistant United States Attorney Stephen D. Warner. The cases were investigated by the Upshur County Sheriff’s Department, the Preston County Sheriff’s Department, the Barbour County Sheriff’s Department, the West Virginia State Police-Bureau of Criminal Investigations, Immigration and Customs Enforcement and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

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