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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) 234-7725 ● Contact: Chris Zumpetta-Parr, Public Affairs Specialist

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August 1, 2013
FOR IMMEDIATE RELEASE

Eleven Individuals Sentenced
During the Month of July for
Federal Supervised Release Violations

WHEELING, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II, announced that during the month of July, 2013, eleven (11) 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.)

JOSEPH BURT, age 35, of Bellaire, Ohio, was sentenced to 24 months imprisonment for testing positive for the use of cocaine and marijuana on six separate occasions. BURT was originally sentenced on April 8, 2002, to 148 months imprisonment and five years of supervised release for conspiracy to distribute crack cocaine. On January 9, 2009, BURT’s sentence was reduced to 120 months pursuant to the crack re-sentencing guidelines. BURT was remanded to the custody of the United States Marshal pending designation to a Federal institution.

DAVID MCGOWAN, age 46, of Follansbee, West Virginia, was sentenced to two months imprisonment for possession and use of oxycodone. MCGOWAN was originally sentenced on July 18, 2011, to one day imprisonment and three years of supervised release for the distribution of heroin within 1,000 feet of a protected location. MCGOWAN will self- report to the designated Federal institution on August 15, 2013.

The United States was represented at the Wheeling revocation hearings by Assistant
United States Attorneys John C. Parr and Randolph J. Bernard.

CLARKSBURG DIVISION REVOCATIONS (Judge Irene M. Keeley)
MICHAEL LOWTHER, age 33, of Clarksburg, West Virginia, was sentenced to 19 months imprisonment for domestic battery arrest for 3rd offense, testing positive for the use of cocaine, failure to consistently attend substance abuse counseling sessions, traveling outside the Northern District of West Virginia without approval, and, failure to notify probation officer of contact with law enforcement. LOWTHER was originally sentenced on July 30,
2009, to 21 months imprisonment and three years of supervised release for possession, sale and disposal of a stolen firearm. On July 26, 2012, LOWTHER was sentenced to 5 months imprisonment and 31 months of supervised release for violations of his supervised release. LOWTHER was remanded to the custody of the United States Marshal pending designation to a Federal institution.

MICHAEL PAUL ATCHISON, age 33, of Apache Junction, Arizona, was sentenced to 15 months imprisonment for illegal use of a controlled substance and termination from residential re-entry center program. ATCHISON was originally sentenced on April 20, 2007, to 37 months imprisonment and six years of supervised release for the distribution of crack cocaine within 1,000 feet of a protected location. On March 13, 2008, sentence was reduced to 30 months pursuant to the crack re-sentencing guidelines. On May 18, 2012, ATCHISON was sentenced to 12 months and 1 day imprisonment and 5 years of supervised release for violations of his supervised release. ATCHISON was remanded to the custody of the United States Marshal pending designation to a Federal institution.

HOWARD M. ENGLISH, age 24, of Fairmont, West Virginia, was sentenced to 6 months imprisonment to be followed by 66 months of supervised release for traveling outside the Northern District of West Virginia without approval of the probation officer. ENGLISH was originally sentenced on January 22, 2010, to 46 months imprisonment and six years of supervised release for the distribution of crack cocaine within 1,000 feet of a protected location. ENGLISH will self-report to the designated Federal institution on August 19, 2013.

JAMES ARTHUR STEVENS, age 24, of Morgantown, West Virginia, was sentenced to 6 months imprisonment to be followed by 54 months of supervised release for the use of controlled substance, failure to complete drug counseling and treatment and committing new state crimes. STEVENS will be on home detention with electronic monitoring upon release until he completes a long-term drug treatment program. STEVENS was originally sentenced on July 25, 2011, to 21 months imprisonment and six years of supervised release for distribution of heroin within 1,000 feet of a protected location. STEVENS 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, Stephen D. Warner and Zelda E. Wesley.

MARTINSBURG DIVISION REVOCATIONS (Judge Gina M. Groh)
DAWN WILEY, age 24, of Charles Town, West Virginia, was sentenced to 15 months imprisonment to be followed by 30 months of supervised release for new felony charges of conspiracy to distribute crack cocaine, associating with a person engaged in criminal activity, and failure to notify probation officer of change in residence. WILEY was originally sentenced on December 13, 2009, to 27 months imprisonment and three years of supervised release for the possession with intent to distribute cocaine. On August 14, 2012, WILEY was sentenced to 6 months imprisonment and 30 months of supervised release for violations of her supervised release. WILEY was remanded to the custody of the United States Marshal pending designation to a Federal institution.

CLYDE EVERETT BROWN, JR., age 41, of Martinsburg, West Virginia, was sentenced to 8 months imprisonment to be followed by 28 months of supervised release for a charge of domestic assault, failure to report law enforcement contact to probation officer, and excessive use of alcohol. BROWN was originally sentenced on March 13, 2003, to 151 months imprisonment and three years of supervised release for the distribution of crack cocaine. On February 2, 2009, BROWN’s sentence was reduced to 130 months pursuant to the crack re- sentencing guidelines. BROWN was remanded to the custody of the United States Marshal pending designation to a Federal institution.

SALEM ISRAEL BANKS, age 41, of Martinsburg, was sentenced to 7 months imprisonment to be followed by 12 months of supervised release for testing positive for the use of marijuana; admitted use of marijuana and cocaine; using alcohol to excess; and, charge of assault, harassment, disorderly conduct and driving on a suspended license. BANKS was originally sentenced on November 20, 2007, to 57 months imprisonment and three years of supervised release for the distribution of crack cocaine. BANKS was remanded to the custody of the United States Marshal pending designation to a Federal institution.

KELLY MCCOY, age 25, of Winchester, Virginia, was sentenced to 6 months imprisonment to be followed by 12 months of supervised release for possession and use of heroin; and traveling outside the Northern District of West Virginia without approval of the probation officer. MCCOY was originally sentenced on October 28, 2008, to 18 months imprisonment and three years of supervised release for conspiracy to distribute cocaine. MCCOY was remanded to the custody of the United States Marshal pending designation to a Federal institution.

MICHAEL NORRIS, age 36, of Martinsburg, was sentenced to 5 months imprisonment to be followed by 115 months of supervised release for testing positive for the use of marijuana on three occasions. NORRIS was originally sentenced on July 5, 2012, to 15 months imprisonment and 10 years of supervised release for failure to register as a sex offender. NORRIS 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 Attorney Paul T. Camilletti.

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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