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OFFICE OF THE UNITED STATES ATTORNEY
NORTHERN DISTRICT OF WEST VIRGINIA

William J. Ihlenfeld, II
UNITED STATES ATTORNEY


1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

August 2, 2012
FOR IMMEDIATE RELEASE

Nineteen Individuals Were Sentenced
During the Month of July for
Federal Supervised Release and Probation Violations

WHEELING, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II, announced that during the month of July, 2012, nineteen individuals had their supervised release revoked for violating terms and conditions imposed by the United States District Court.

WHEELING DIVISION REVOCATIONS (Judge Frederick P. Stamp, Jr.):

JESSE TALERICO, age 26, of Steubenville, Ohio, was sentenced on July 2, 2012, to 3 months imprisonment to be followed by 36 months supervised release for leaving the judicial district without permission of the Court or his probation officer and failing to submit timely monthly reports. TALERICO was originally sentenced on September 14, 2009, to 3 years probation for Possession with Intent to Distribute Heroin. TALERICO was remanded to the custody of the United States Marshal pending designation to a Federal institution.

CHRIS PARKS, age 41, of Martins Ferry, Ohio, was sentenced on July 23, 2012, to 8 months imprisonment to be followed by 30 months of supervised release for being a convicted felon in possession of a firearm. PARKS was originally sentenced on April 17, 2000, to 172 months imprisonment and 5 years of supervised release for Conspiracy to Possess with Intent to Distribute Cocaine, Crack Cocaine and Marijuana. On July 17, 2008, PARKS’ sentence was reduced to 139 months imprisonment pursuant to the crack re-sentencing guidelines. PARKS will self-report to the designated Federal institution on August 23, 2012.

ARCHIE ORISON, age 40, of Burgettstown, Pennsylvania, was sentenced on July 23, 2012, to 6 months imprisonment for testing positive for the use of controlled substances; leaving the judicial district without permission of the Court or probation officer; failing to submit a truthful report; failing to follow the instructions of the probation officer; and possession of drug paraphernalia. ORISON was originally sentenced on January 8, 2007, to 15 months imprisonment and 3 years supervised release for Distribution of Oxycodone. On November 19, 2009, ORISON’s supervised release was revoked for testing positive for the use of controlled substances and he was sentenced to 12 months imprisonment and 1 day imprisonment and 24 months of supervised release. ORISON will self-report to the designated Federal institution on August 23, 2012.

The United States was represented at the Wheeling revocation hearings by Assistant United States Attorney Randolph J. Bernard.

MARTINSBURG DIVISION REVOCATIONS (Judge Gina M. Groh):

RODNEY FERGUSON, age 32, of Martinsburg, West Virginia, was sentenced on July 2, 2012, to 24 months imprisonment for possession of marijuana; an arrest for driving under the influence; and, driving while license was revoked. FERGUSON was originally sentenced on December 16, 2005, to 92 months imprisonment and 3 years of supervised release for being a Convicted Felon in Possession of a Firearm. FERGUSON was remanded to the custody of the United States Marshal pending designation to a Federal institution.

CHE ANTHONY HARDEN, age 42, of Martinsburg, was sentenced on July 2, 2012, to 8 months imprisonment to be followed by 18 months of supervised release for possession of xanax; testing positive for the use of controlled substances; and, being untruthful to his probation officer. HARDEN was originally sentenced on November 6, 2007, to 52 months imprisonment and 3 years of supervised release for Possession with Intent to Distribute Crack Cocaine. HARDEN was remanded to the custody of the United States Marshal pending designation to a Federal institution.

MICHAEL P. ELLARD, age 55, of Estero, Florida, was sentenced on July 2, 2012, to 6 months imprisonment to be followed by 12 months of supervised release for testing positive for the use of controlled substances; failing to complete drug treatment program; and failure to make monthly payments on the restitution owed. ELLARD was originally sentenced on December 20, 2009, to five years probation and ordered to make restitution in the amount of $12,000 for Interstate Transportation of Wildlife for a Commercial Purpose. ELLARD was remanded to the custody of the United States Marshal pending designation to a Federal institution.

JONATHAN CRAWFORD, age 33, of Morgantown, West Virginia, was sentenced on July 2, 2012, to 5 months imprisonment for testing positive for the use of marijuana on three occasions; an arrest for driving under the influence; failure to attend substance abuse counseling; and, missing a drug urinalysis test. CRAWFORD was originally sentenced on March 19, 2003, to 108 months imprisonment and 3 years of supervised release for the Distribution of Crack Cocaine. On April 8, 2008, CRAWFORD’s sentence was reduced to 87 months imprisonment pursuant to the crack re-sentencing guidelines. CRAWFORD was remanded to the custody of the United States Marshal pending designation to a Federal institution.

CRYSTAL STAR METZ, age 40, of Piedmont, West Virginia, was sentenced on July 23, 2012, to 18 months imprisonment for committing another crime while on supervised release; possessing and distributing a controlled substance; and, associating with individuals engaged in criminal activity. METZ was originally sentenced on October 31, 2005, to 108 months imprisonment and 4 years of supervised release. On August 19, 2009, METZ’s sentence was reduced to 87 months and on November 1, 2011, METZ’s sentence was reduced to 60 months pursuant to the crack re-sentencing guidelines. METZ was remanded to the custody of the United States Marshal.

TIMOTHY MILBURN, age 26, of Martinsburg, was sentenced on July 23, 2012, to 16 months imprisonment for committing another offense while on supervised release and failure to file a report with his probation officer. MILBURN was originally sentenced on July 28, 2010, to 12 months and 1 day imprisonment and 3 years of supervised release for the Distribution of Crack Cocaine. On July 6, 2011, MILBURN’s supervised release was revoked for failure to submit monthly report to probation officer; testing positive for controlled substances; conviction for driving on suspended license and speeding; failure to report change of employment and residence; and, failure to report law enforcement contact to his probation officer and he was sentenced to 8 months imprisonment and 28 months of supervised release. MILBURN was remanded to the custody of the United States Marshal pending designation to a Federal institution.

AARON REDMON, age 40, of Oldfields, West Virginia, was sentenced on July 23, 2012, to 12 months and 1 day imprisonment to be followed by 23 months of supervised release for committing another offense while on supervised release and failure to timely notify his probation officer of this fact. REDMON was originally sentenced on December 18, 2003, to 121 months imprisonment and 3 years of supervised release for the Distribution of Crack Cocaine. REDMON was remanded to the custody of the United States Marshal pending designation to a Federal institution.

MICHAEL LEE MESSICK , age 33, of Martinsburg, was sentenced on July 23, 2012, to 10 months imprisonment for possession and use of controlled substances; frequenting places where drugs were used; testing positive for the use of controlled substances; committing another offense while on supervised release; and, not being truthful with his probation officer regarding his drug use. MESSICK was originally sentenced on March 28, 2005, to 121 months imprisonment and 3 years of supervised release for the Distribution of Crack Cocaine. On July 21, 2010, MESSICK’s supervised release was revoked for testing positive for the use of controlled substances and he was sentenced to 12 months imprisonment and 12 months of supervised release. MESSICK was remanded to the custody of the United States Marshal pending designation to a Federal institution.

The United States was represented at the Martinsburg revocation hearings by Assistant United States Attorneys Paul T. Camilletti and Thomas O. Mucklow.

CLARKSBURG DIVISION REVOCATIONS (Judge Irene M. Keeley):

MATTHEW MACE, age 38, of Bridgeport, West Virginia, was sentenced on July 3, 2012, to 21 months imprisonment to be followed by 51 months of supervised release for failing four separate drug screens, testing positive for several controlled substances for which he did not receive pursuant to a valid prescription or order from a medial professional. MACE was originally sentenced on November 7, 2007, to 36 months imprisonment and 6 years of supervised release for Distribution of Cocaine within 1,000 Feet of a School. MACE was remanded to the custody of the United States Marshal pending designation to a Federal institution.

MALCOLM NOWLIN, age 38, of Fairmont, West Virginia, was sentenced on July 3, 2012, to 6 months imprisonment to be followed by 30 months of supervised release for possessing and using controlled substances. NOWLIN was originally sentenced on January 13, 2009, to 51 months imprisonment and 3 years supervised release for Distribution of Crack Cocaine. On November 1, 2011, NOWLIN’s sentence was reduced to 33 months imprisonment pursuant to the crack re-sentencing guidelines. NOWLIN was remanded to the custody of the United States Marshal pending designation to a Federal institution.

JEREMY DEAL, age 33, of Sutton, West Virginia, was sentenced on July 3, 2012, to 6 months imprisonment for possession and use of a controlled substance; failure to follow instructions of probation officer; and, associating with individuals engaged in criminal activity. DEAL was originally sentenced on August 18, 2010, to 14 months imprisonment and two years of supervised release for providing a False Declaration Before a Grand Jury. DEAL was remanded to the custody of the United States Marshal pending designation to a Federal institution.

JIMMY ALLEN JONES, age 58, of Fairmont, was sentenced on July 24, 2012, to 7 months imprisonment to be followed by 12 months of supervised release for attempting to defeat a drug test; testing positive for the use of cocaine; and, possession of cocaine. JONES was originally sentenced on December 16, 2004, to 90 months imprisonment and 3 years of supervised release for Maintaining a Drug-Involved Premise. On February 2, 2009, JONES’ sentence was reduced to 76 months imprisonment pursuant to the crack re-sentencing guidelines. JONES was remanded to the custody of the United States Marshal pending designation to a Federal institution.

FRANK JACKSON, age 49, of Fairmont, was sentenced on July 24, 2012, to 6 months imprisonment to be followed by 30 months of supervised release for testing positive for the use of cocaine on three separate occasions. JACKSON was originally sentenced on May 29, 2009, to 51 months imprisonment and 3 years of supervised release for the Distribution of Crack Cocaine. JACKSON was remanded to the custody of the United States Marshal pending designation to a Federal institution.

AKEEBA LAMAR DILLARD, age 34, of Morgantown, West Virginia, was sentenced on July 26, 2012, to 24 months imprisonment for testing positive for the use of controlled substances on three occasions; failure to report contact with law enforcement; failure to comply with drug testing; and, changing his residence without permission. DILLARD was originally sentenced on November 14, 2007, to 92 months imprisonment and 3 years of supervised release for the Distribution of Crack Cocaine. On November 1, 2011, DILLARD’s sentence was reduced to 63 months imprisonment pursuant to the crack re-sentencing guidelines. DILLARD was remanded to the custody of the United States Marshal pending designation to a Federal institution.

MICHAEL SHAWN LOWTHER, age 32, of Clarksburg, West Virginia, was sentenced on July 26, 2012, to 5 months imprisonment to be followed by 31 months of supervised release for possession and use of a controlled substance on six separate occasions and possession and use of synthetic marijuana on one occasion. LOWTHER was originally sentenced on July 30, 2009, to 21 months imprisonment and 3 years of supervised release for the Possession, Sale and Disposal of a Stolen Firearm. LOWTHER was remanded to the custody of the United States Marshal pending designation to a Federal institution.

NATALIE PAGAN, age 47, of Clarksburg, was sentenced on July 31, 2012, to 8 months imprisonment to be followed by 64 months of supervised release for unlawful possession, purchase and consumption of “bath salts,” cocaine and crack cocaine. PAGAN was originally sentenced on May 30, 2006, to 70 months imprisonment and 6 years of supervised release. PAGAN was remanded to the custody of the United States Marshal pending designation to a Federal institution.

The United States was represented at the Clarksburg revocation hearings by Assistant United States Attorneys Shawn A. Morgan, Brandon S. Flower, Zelda E. Wesley and Andrew R. Cogar.

The United States Probation Office carries out probation and pretrial services functions throughout the Northern District of West Virginia. With locations in Wheeling, Clarksburg, Martinsburg, and Elkins, the office works to assist the federal courts in the fair administration of justice, to protect the community, and to bring about long-term positive change in individuals under supervision. Jeff Givens is the Chief Probation Officer for the Northern District.

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