Gwinn man given five years – without guns and meth – in prison
News Director, Owner
(Marquette, MI) – It’s not nice to toy with federal judges, federal prosecutors, and the ATF.
Especially when these folks have lots of evidence that you are a veteran meth distributor and have many guns including an assault type rifle – despite several felony convictions- and if you have no respect for law and order
A Gwinn man, who a long criminal history and who thumbs his nose at the law, will spend the next five years in federal prison following a December 12, 2015 crystal meth and guns raid by a team of federal and state agents at the man’s heavily armed home in Gwinn.
That fateful day nine months earlier state and federal drug and guns agents came through his door executing a search warrant – including from the U.S. Bureau of Alcohol, Tobacco, and Firearms (ATF) and from the Upper Peninsula Substance Enforcement Team (UPSET).
On Friday, Sept. 9, 2016, 38-year-old Joseph John Holm, Jr. of Gwinn was sentenced to 50 months in prison by U.S. District Court Judge Robert Holmes Bell in Marquette federal court.
While free on bond from federal charges, Holm got into more trouble.
Prior to the June 5, 2016 change of plea hearing, Holm “was arrested for driving without a valid driver’s license” and what cops found in the car was another can of worms.
“The car in which he was driving was found to contain numerous items that are consistent with drug manufacturing, trafficking and usage,” the federal sentencing memorandum pointed out.
Federal prosecutors appeared to run out of patience for Holm’s legal games – first admitting information about gun possession by a felon and firearms dealing – then changing his statements – and that was not impressive to prosecutors.
Holm denied being a druggy but failed tests and one witness told police that Holm (allegedly) cooked meth every other day and another told police Holm was deep into the meth distribution business.
One of the headlines in the sentencing memorandum prepared by federal prosecutors noted Holm’s erratic decisions and anti-social behavior:
“Holm’s lack of respect for the law and high risk of recidivism support a sentence at the high end of the Guidelines range or an upward variance”
Holm however, tried to blame others for his latest brush in the law while out on bond on federal gun charges – and claimed to be clean But a test proved different.
“An analysis of a urine sample he provided revealed that Holm had, in fact, been using methamphetamine” while out on bond,” federal prosecutors stated – this despite Holm’s claim that he was (in) compliance with the court’s (bond) directives.
After federal prosecutors decided they wanted Holm in jail pending sentencing, “Holm made an extended statement to the court in which he denied any wrongdoing” in his most recent arrest “and asked to be released,” the memorandum states.
Federal prosecutors said that Holm illegally possessed weapons for a decade despite numerous felony convictions and possess an assault rifle that could have been easily converted into an automatic.
In a strongly worded document, federal prosecutors argued that Holm lies and is drug-addled – and has no shame in lying to a federal judge – with no respect for law and order.
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This is what was stated and filed by a federal prosecutor in northern Michigan frustrated by Holm’s shenanigans:
“In this case, Holm completed KPEP in mid-April 2016, and soon thereafter had returned to using methamphetamine.
That part of his course of conduct, although disturbing, is not the worst part.
The worst part of Holm’s conduct is his decision to walk into court prior to the return of the laboratory analysis of his urine sample and vehemently state – while under oath and accompanied by his attorney – that he was rehabilitated, and that the traffic stop that led to his arrest was a simple mistake.
As later revealed by the laboratory analysis of Holm’s urine sample, these were false statements.
They reflect Holm’s lack of respect for the law and his high risk of recidivism. Given these facts, a sentence at the high end of the Guidelines range or even an upward variance would be appropriate.”
Filed by Asst. U.S. Attorney Maarten Vermaat in Marquette, MI – on behalf of the U.S. Attorney for the Western District of Michigan – U.S. Attorney Patrick A. Miles, Jr. in Grand Rapids, MI:
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“Holm possess a semi-automatic firearm that is capable of accepting a large capacity magazine,” federal prosecutors pointed out in a sentencing memorandum.
“Four magazines capable of holding up to 30 rounds of .223 caliber ammunition (i.e. “high-capacity” magazines) were found in the gun cabinet in Holm’s bedroom,” prosecutors said.
Holm “agreed to the forfeiture of all the firearms listed in the indictment.” However, two of the weapons – a pair of shotguns – belong to Holm’s ex-wife who can “take custody of these two firearms at the conclusion of the case,” the agreement states.
These two firearms are:
- Harrington & Richardson Model Pardner, 410 gauge shotgun
- Rossi Model S201220YS, 20 gauge shotgun
Holm was investigated by U.S. Bureau of Alcohol, Tobacco, and Firearms (ATF) Special Agent James Petschke and prosecuted by Asst. U.S. Attorney Maarten Vermaat .
The transcript of the change of plea hearing conducted on June 14, 2016 before U.S. Magistrate Judge Greeley has not been approved for release to the public
“Found during the search were 10 firearms, many rounds of ammunition and a small quality of methamphetamine,” the criminal complaint states.
After being advised of – and understanding – his Miranda rights, the complain states, Holm agreed to answer agent’s questions.
“Holm admitted possessing approximately nine (9) firearms and the methamphetamine found inside his residence,” the complaint states.
The complaint was filed by ATF Special Agent James Petschke and signed by U.S. District Court Magistrate Judge Timothy P. Greeley.
Holm admitted possessing an Olympic Arms Model MFR (Multi Function Rifle), .223 Caliber Rifle, serial number TB8187 – apparently similar to a M-16. Holm said he “purchased the rifle” from his uncle Paul Kurian in 2009 for approximately $800,” the complaint reveals.
The ATF did a Computerized Criminal History (CCH) on Holm and found out his criminal background including sex crimes in Alger County.
Holm has:
- 1998 conviction: Criminal sexual conduct in the second degree – a 15-year felony in Alger County 11th District Circuit Court in Munising, MI
- 2005 conviction: Failure to register as a sex offender – a 4-year felony in Alger County 11th District Circuit Court in Munising, MI
“Each one of these offenses qualifies as a ‘crime punishable by imprisonment” for more than” one year,” the complaint states.
Holm was “convicted of one of more offenses punishable” by up to a year in prison – thus opening him up to new federal gun charges because the weapons can not be possessed by convicted felons, according to an ATF criminal complaint filed on Dec. 14, 2015 in the U.S. District Court for the Western District of Michigan Northern Division in Marquette. MI.
A background check determined “that there is no record of Holm ever having his gun rights restored,” the complaint states, adding a check was done by Michigan State Police Firearms Record Unit Jason Pierce.
Sentencing guidelines in the case included the fact “Holm began illegally possessing firearms in 2006,” according to the U.S. Government’s Sentencing Memorandum filed on August 231, 2016.
Holm was “released on bond on Jan. 15, 2016 subject to the condition that he ‘participate in and successfully complete substance abuse and anger management treatment at the Kalamazoo Probation Enhancement Program’ (KPEP) … a residential drug treatment program,” the memorandum states.
Holm was allowed to return home in mid-April 2016 after completing the KPEP,” the memorandum states.
Judge Bell also imposed three years of supervised release after Holm is release from prison, order him to pay a $100 special assessment; and was advised of right to appeal.
Holm is a “multi-convicted felon” who the feds say “knowingly possess a firearm that had traveled in or affected interstate commerce.”
joseph-john-holm-jr-12-14-15-criminal-complaint-by-atf-1
Related info and links:
U.S. Attorney for the Western District of Michigan
U.S. Attorney Patrick A. Miles, Jr.
Grand Rapids, MI
https://www.justice.gov/usao/district/wdmi
https://www.justice.gov/usao-wdmi/meet-us-attorney
https://en.wikipedia.org/wiki/Patrick_Miles,_Jr.
Asst. U.S. Attorney Maarten Vermaat
Marquette, MI
https://www.justice.gov/usao-wdmi/pr/2015_0325_RBowser
https://www.justice.gov/archive/usao/miw/news/2011/2011_0801_CCrane.html
http://www.mlive.com/news/grand-rapids/index.ssf/2015/12/woman_gets_9k_in_beer_wine_reb.html
Government’s Sentencing Memorandum
https://www.justice.gov/atr/case-document/governments-sentencing-memorandum-3
https://www.justice.gov/atr/case-document/governments-sentencing-memorandum
https://www.justice.gov/atr/case-document/governments-sentencing-memorandum-0
Application of the Section 3553(a) factors
http://www.sado.org/content/pub/10503_Departure-and-Variance-Primer.pdf
https://www.law.cornell.edu/uscode/text/18/3553
http://codes.lp.findlaw.com/uscode/18/II/227/A/3553
https://www.facebook.com/FindLawLegalProfessionals
http://famm.org/Repository/Files/FS%20Fed%20Sentencing%20Statute%203553a.pdf
https://twitter.com/FAMMFoundation
https://www.facebook.com/FAMMFoundation
Joseph John Holm, Jr.
http://www.homefacts.com/offender-detail/MI2034787/Joseph-John-Holm-Jr.html
http://www.sorarchive.com/offender/view/780565
Uncle Paul Kurian
Upper Peninsula Substance Enforcement Team (UPSET)
https://www.facebook.com/UPSETdrugs/
http://www.mml.org/events/annual_convention/cv12/ppts/drugs.pdf
http://www.michigan.gov/msp/0,4643,7-123-1579_4502—,00.html
http://www.michigan.gov/documents/drugteam-UPSET-10MAR_129656_7.pdf
U.S. Bureau of Alcohol, Tobacco, and Firearms (ATF)
ATF Special Agent James Petschke
U.S. District Court Judge Robert Holmes Bell
http://www.miwd.uscourts.gov/appealspost-judgment-forms
U.S. District Court Court Reporter Kevin Gaugier
Computerized Criminal History (CCH)
https://en.wikipedia.org/wiki/Computerized_Criminal_History
https://records.txdps.state.tx.us/dpswebsite/criminalhistory/
Olympic Arms Model MFR (Multi-Function Rifle), .223 Caliber Rifle, serial number TB8187
Miranda Rights
https://en.wikipedia.org/wiki/Miranda_warning
http://www.mirandawarning.org/whatareyourmirandarights.html
Michigan State Police Firearms Record Unit
MSP Firearms Unit Jason Pierce
http://www.michigan.gov/msp/0,4643,7-123-1645_3500-16237–,00.html
https://www.linkedin.com/in/jason-pierce-17b17533
http://lermainc.org/wp-content/uploads/2015/06/February_6_2015.pdf
http://www.michigan.gov/msp/0,4643,7-123-1878_1591_3503_4654—,00.html
http://www.michigan.gov/msp/0,1607,7-123-1645_3500_4615—,00.html
https://www.ncjrs.gov/App/publications/abstract.aspx?ID=150297
http://www.cityofgrantmi.com/images/2013_Pistol_Sales_Registration_Information_Newaygo_County.pdf
Michigan Criminal sexual conduct in the second degree
https://sapac.umich.edu/article/189
- Bay Area Narcotics Enforcement Team: 1-888-286-2814
- County of Macomb Enforcement Team: 1-586-790-3990
- Flint Area Narcotics Group: 1-810-233-3689 (Leave a message if the office is closed)
- Region of the Irish Hills Narcotics Office: 1-517-265-5787
- Southwest Enforcement Team: 1-269-982-8664 (Leave a message if the office is closed)
- State, Sheriffs, Chiefs Enforcement Narcotics Team (Northwest Michigan):1-800-994-8477
- Straits Area Narcotics Enforcement Team: 1-800-621-8651
- Thumb Area Narcotics Unit: 1-810-358-3029
- Traverse Narcotics Team: 1-231-922-0993
- Tri-County Drug Tip Line: 1-866-662-3784
- Upper Peninsula Substance Enforcement Team: 1-906-228-1002
http://www.algercourthouse.com/
http://www.algercourthouse.com/CircuitCourt/index.html
Kalamazoo Probation Enhancement Program
https://www.kalcounty.com/courts/admin/alt-programs.htm
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Tip Lines
America’s Waterway Watch (report suspicious activity on the waterways): 1-877-249-2824
Auto theft: 1-800-242-4328
Arson: 1-800-442-7766
Crime Stoppers of Michigan: 1-800-773-2587
Drug Tip Lines:
- Bay Area Narcotics Enforcement Team: 1-888-286-2814
- County of Macomb Enforcement Team: 1-586-790-3990
- Flint Area Narcotics Group: 1-810-233-3689 (Leave a message if the office is closed)
- Region of the Irish Hills Narcotics Office: 1-517-265-5787
- Southwest Enforcement Team: 1-269-982-8664 (Leave a message if the office is closed)
- State, Sheriffs, Chiefs Enforcement Narcotics Team (Northwest Michigan):1-800-994-8477
- Straits Area Narcotics Enforcement Team: 1-800-621-8651
- Thumb Area Narcotics Unit: 1-810-358-3029
- Traverse Narcotics Team: 1-231-922-0993
- Tri-County Drug Tip Line: 1-866-662-3784
- Upper Peninsula Substance Enforcement Team: 1-906-228-1002
HEMP Hotline (Help Eliminate Marijuana Planting): 1-800-235-4367
Report suspicious activity (MICHTIP): 855-642-4847 (1-855-MICHTIP)
Methamphetamine: 1-866-638-4847
Michigan’s Most Wanted: 1-877-445-8477
Missing Children: 855-642-4847
School Safety Threats (OK2SAY program): 855-565-2729 (8-555-OK2SAY)
Tobacco Tax Violations: 1-855-648-6222
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fyi – something we saw that was different:
TRANSCRIPT of Change of Plea Hearing as to defendant Joseph John Holm, Jr held June 14, 2016 before U.S. Magistrate Judge Timothy P. Greeley ; NOTE: this transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the release of transcript restriction date; under the Policy Regarding Transcripts the parties have 14 days within which to file a Notice of Intent to Request Redaction, and 21 days within which to file a Redaction Request; if no Redaction Request is filed, the court will assume redaction of personal ident
Upper Peninsula Breaking News by Greg Peterson 
Agreed this guy should b locked up, meth manufacture is inexcuseable and being a felon with guns is also just ridiculous , but to call him obssed with guns and imply that if u own a 223 it’s a crime or negative is at minimum quite ironic considering the pic of constitution and heading of “We the people”. There was nothing factually inaccurate with ur info, though was fear mo geeing and misleading. Yes the 223 could b modified into an illegal gun, as could ANY semi-automatic gun, but only with gun smith knowledge and some illegal parts. Maybe you are just naive to the traditions and culture of the .U.P or your priority is hits to your page for revenue, but I’m confident that 70% of UP home owners contain as many or more guns than this guy, come on my mother and sister both hunt with a 223 because it’s a very small caliber rifle with little kick, but you make it sound like its nothing but weapon of war completely out of place in the UP.
Even with your beer fest story ….. Same issue , you are pushing fear and negativity. Yes there were problems , though much worse happens every 4th of July , New Years , graduation. So my question is why, why do u vilify guns, why throw rocks at beer fest, there is soooo manny positive things all around us, main stream media shoves their negative fear based narrative down the masses throat 24/7 ! Show the change we need , sow the seeds we need for a better future for r kids, BE THE CHANGE WE WANT TO SEE!! We live hear because of the unmatched natural beauty for r kids to grow up in, why do you live here…? So, Again why the fear?
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I am not one of those who think yoopers should be treated like mushrooms – I just put out the info – I can not help if people don’t like it.
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I guess that’s the disconnect , you put out Reuters mixed with your opinion , and that’s fine, but that’s a blog, not Breaking News ……. The negative view point in guns and a very successful community event, you can look at/report on ANY, truly ANY, situation from a positive or negative perspective , and would love to see local info presented in a helpful pov, thanks for responding✌️
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I am not against guns – own several – and hunted 25 years straight til size of deer herd became a joke. Don’t blame messenger
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I am not anti gun – own several but a convicted felon should not. I have hunted decades in U.P. – but I am also the one who got the one of the state’s top MAB awards for exposing the deer herd crisis in U.P. and the lie about the reason for the wolf hunt.
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What’s the deer herd lie?? I’ve personally witnessed the destructive power of wolves on the deer, they kill for sport on top of food, at least coyotes kill what they eat
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The deer herd is now below 80,000 – and wolves have no intrinsic value. The DNR is afraid the few wolves – and each is worth millions in taxpayer dollars – will stress the deer herd in winter and its already plummeting. I never missed opening day for 25 years til two years ago when the no deer to even see became a factor. Deer season is a joke – and the DNR’S NRC joked about giving a “WAG” – “wild ass guess” as to the population drop.
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*😂😂*eat what they kill*
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I do not see fear btw – and am glad to have you and others explain details about guns. I know people who have and do used a 223 for deer hunting.
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