Today, SHAWN N. ANDERSON, Acting United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant MAX MYONG AHN, age 60, from Dededo, Guam, was sentenced in District Court on May 8, 2017, to five years probation to include one year home detention, restitution in the amount of $583.00 to the Department of Public Health – Medicaid Division and a $7,500 fine, for Unlawful Use of the Mail to Facilitate the Distribution of Controlled Substance Analogues. The Court also ordered AHN to pay a mandatory $100 assessment fee.
The Federal Analogue Act, 21 U.S.C. § 813, is a section of the United States Controlled Substances Act passed in 1986. The law allows any chemical "substantially similar" to a controlled substance listed in Schedule I or II to be treated as if it were also listed in those schedules, but only if intended for human consumption. These similar substances are often called designer drugs, spice or bath salts.
On November 3, 2016, AHN entered a guilty plea to an Information charging him with Unlawful Use of the Mail to Facilitate the Distribution of Controlled Substance Analogues, in violation of 18 U.S.C. §§ 2 and 1952(a)(3). Undercover investigations at Gallop USA and Max’s Smoke Shop (Max’s), both owned by AHN, revealed that AHN sold Spice to customers and friends. Agents seized 25 bags of spice and 50 plastic jars containing spice residue from Max’s. Agents also seized 792.8 grams of spice and $129,842 in United States currency from Gallop.
Acting U.S. Attorney Anderson stated, “The Drug Enforcement Administration actively works to properly control new generations of designer drugs. These substances are a significant threat to the health of users both domestically and internationally. The Department of Justice and our local and federal partners remain committed to early and active enforcement of drug laws to protect our communities.”
The investigation was conducted by the U.S. Postal Service and the Drug Enforcement Administration, Guam Customs & Quarantine Agency, Guam Police Department, Alcohol, Tobacco, & Firearms, Superior Court of Guam Probation Office, and the Naval Criminal Investigative Service. The case was prosecuted by Clyde Lemons, Jr., Assistant United States Attorney for the District of Guam.