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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 14, 2009
FOR IMMEDIATE RELEASE

 

Twelve Individuals Sentenced in Federal Court

MARTINSBURG, WEST VIRGINIA — Twelve individuals were sentenced on December 10 and 11, 2009, in United States District Court in Martinsburg by Chief Judge John P. Bailey.

Acting United States Attorney Betsy C. Jividen announced that:

JESSE ALLEN JARVIS, age 21, of Martinsburg, was sentenced on December 10, 2009, to 151 months imprisonment, to be followed by three years of supervised release. JARVIS entered a plea of guilty on September 1, 2009, to one count of distribution of crack cocaine on December 1, 2008, in Martinsburg. When the state police executed a search warrant at JARVIS’ residence on December 8, 2008, a number of firearms were seized. JARVIS, who is a convicted felon, is prohibited from possessing firearms. JARVIS was remanded to the custody of the United States Marshal.

LATEEF MCGANN, age 19, of Martinsburg, was sentenced on December 10, 2009, to 57 months imprisonment to be followed by 3 years of supervised release. MCGANN entered a plea of guilty on September 1, 2009, to one count of possession with intent to distribute crack cocaine and one count of possession of a firearm by a convicted felon on December 8, 2007, in Martinsburg. MCGANN was remanded to the custody of the United States Marshal.

GABRIEL CHRISTOPHER MCGUIRE, age 22, of Martinsburg, was sentenced on December 10, 2009, to 70 months imprisonment to be followed by 3 years of supervised release. MCGUIRE entered a plea of guilty on July 29, 2009, to one count of distribution of heroin on December 4, 2008, in Martinsburg. MCGUIRE was remanded to the custody of the United States Marshal.

These cases were prosecuted by Assistant United States Attorney Paul T. Camilletti and were investigated by the Eastern Panhandle Drug and Violent Crime Task Force consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department. PRESS RELEASE

MICHAEL P. ELLARD, age 48, of Estero, Florida, was sentenced on December 10, 2009, to five years probation and ordered to pay restitution in the amount of $12,000. ELLARD entered a plea of guilty on July 31, 2009, to the unlawful transportation of wildlife on June 3, 2008. ELLARD was arrested while traveling from West Virginia to Virginia with 108 Wood Turtles, 6 Snapping Turtles and 4 Box Turtles which he had illegally taken in Hampshire County, West Virginia and was to resale them in his business, Russian Reptiles, Inc. in the State of Florida.

This case was prosecuted by Assistant United States Attorney Paul T. Camilletti and was investigated by the Department of Natural Resources and United States Fish and Wildlife.

XI HONG, age 41, of Berkeley Springs, West Virginia, was sentenced on December 10, 2009, to five years probation and ordered to pay restitution in the amount of $41,019.65. HONG entered a plea of guilty on September 16, 2009, to one count of filing a false tax return for tax year 2003 by under-reporting her taxable income for that year as owner/operator of the Lucky Chinese Restaurant.

This case was prosecuted by Assistant United States Attorneys Michael D. Stein and Erin K. Reisenweber and was investigated by the Internal Revenue Service-Criminal Investigations.

CHAD MICHAEL SPAUR, age 23, of Martinsburg, was sentenced on December 10, 2009 to 146 months imprisonment to be followed by three years of supervised release. SPAUR entered a plea of guilty on September 9, 2009, to one count of possession with intent to distribute crack cocaine on October 26, 2007, in Martinsburg. SPAUR was remanded to the custody of the United States Marshal.

This case was prosecuted by Assistant United States Attorney Erin K. Reisenweber and was investigated by the Eastern Panhandle Drug and Violent Crime Task Force consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.

DAWN MARIE WILEY, age 20, of Harpers Ferry, West Virginia, was sentenced on December 10, 2009, to 27 months imprisonment to be followed by three years of supervised release. WILEY entered a plea of guilty on September 2, 2009, to one count of possession with intent to distribute crack cocaine on November 3, 2007, in Martinsburg. WILEY, who is free on bond, will self report to the designated Federal institution.

WILLIE LEE DANIELS, age 39, of Martinsburg, West Virginia, was sentenced on December 10, 2009, to 188 months imprisonment to be followed by five years of supervised release. DANIELS entered a plea of guilty on July 29, 2009, to one count of distribution more than five grams of crack cocaine on November 13, 2007, in Martinsburg. DANIELS was remanded to the custody of the United States Marshal.

ANTHONY JEROME ADDISON, JR., age 31, of Martinsburg, West Virginia, was sentenced on December 10, 2009, to 63 months imprisonment to be followed by three years of supervised release. ADDISON entered a plea of guilty on July 29, 2009, to one count of distribution of crack cocaine on April 1, 2004, in Martinsburg. ADDISON was remanded to the custody of the United States Marshal.

TYREEK RASHAUN CLARK, age 28, of Martinsburg, West Virginia, was sentenced on December 11, 2009, to 78 months imprisonment to be followed by three years of supervised release. CLARK entered a plea of guilty on September 8, 2009, to one count of distribution of crack cocaine on Juy 13, 2006, in Martinsburg. CLARK was remanded to the custody of the United States Marshal.

HEATHER JO BELL, age 25, of Martinsburg, West Virginia, was sentenced to 87 months imprisonment to be followed by three years of supervised release. BELL entered a plea of guilty on June 1, 2009, to one count of distribution of crack cocaine on November 15, 2004, in Martinsburg. BELL was remanded to the custody ofd the United States Marshal.

These cases were prosecuted by Assistant United States Attorney Thomas O. Mucklow and were investigated by the Eastern Panhandle Drug and Violent Crime Task Force consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.

ERIC PATRICK FLOYD, age 46, of Keyser, West Virginia, was sentenced on December 10, 2009, to 264 months imprisonment to be followed by five years of supervised release. FLOYD was a significant cocaine dealer in the Keyser, Mineral County, area from the summer of 2002 until his arrest in November of 2008. FLOYD admitted to being involved in a conspiracy to distribute in excess of five kilograms of cocaine during that time period. In addition, FLOYD entered guilty pleas to nine counts of distribution of cocaine during 2006 - 2008; two counts of possession with intent to distribute cocaine; and one count of possession with intent to distribute marijuana. Task Force officers executed a search warrant at FLOYD’s residence on March 4, 2008, and recovered 696.8 grams of cocaine packaged for sale and 180.6 grams of marijuana.

The Court ordered the forfeiture of FLOYD’s residence in Keyser ($80,000) and his 1998 Ford Expedition ($2,775) and 2006 Chrysler Pacifica ($15,545) as facilitation assets and 31 other items, including 3 flat screen TVs, 2 Bose wave sound systems, 1 Bose media center and various computers, DVD players and other electronics ($4,500), jewelry ($22,000), (all appraised values) $7, 7,605 in cash seized at his home and a total of $9,269.21 from two BB&T bank accounts. (Total was $91,694.21). The Court also ordered a money judgment in the amount of $1,401,705, based on FLOYD’s gross drug profits of $1,493, 400 from 2005 to 2008. The Court commented that FLOYD had been importing a “tremendous” amount of drugs into the Keyser area, as well as into Upper Marlboro, MD and Washington, DC; that his motive was monetary gain and not drug use and that he had no legitimate income to acquire all of his assets. PRESS RELEASE

The case was prosecuted by Assistant United States Attorneys Thomas O. Mucklow and Shawn Angus Morgan. The case was investigated by the Potomac Highlands Drug & Violent Crime Task Force, consisting of officers from the Federal Bureau of Investigation and the West Virginia State Police - Bureau of Criminal Investigations.

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