Prominent Escanaba attorney among those arrested in Delta County and Marquette County in past few days including four people charged with domestic assault – plus thefts, drugs, and resisting arrest

URGENT URGENT U.P. Breaking News Bulletin – 2-17-18 – 8:20 p.m.

Attorney accused of drunken driving; four charged with domestic assault, plus thefts and drugs

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

(Escanaba, MI) – A Delta County Public Defender was among those arrested since Valentine’s Day – and others including three domestic assaults plus theft.

A prominent Escanaba area attorney, known for her work as a court-appointed defense lawyer, was arrested Friday night on drunken driving charges.

58-year-old veteran lawyer Jayne E. Mackowiak of Gladstone, MI was booked into the Delta County Detention Center (DCDC) at 9:49 p.m. on Fri., Feb. 16, 2018.

Mackowiak is charged with operating under the influence of liquor (OUIL) per se. Mackowiak remained jailed with no bond on Saturday night.

Jayne MackowiakRecently, Mackowiak was in the news when she was appointed to represent two children found in a disgraceful Rapid River, MI house.

The horrid case began in March of 2017 – when a shivering, naked toddler was found by a neighbor’s dog.

The inhumane conditions in the rodent-infested filthy house included floors coated with feces from several types of animals, dirty diapers, and rotting garbage.

Mackowiak helped getting the girls out of the filth and into a nice foster home setting where they are thriving.

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Brent Forsyth

28-year-old Brent Forsyth of Menominee, MI was booked Friday night on at least three charges.

The charges a similar to a case against him last November – and that indicates he was sentenced on Friday – with a CCW charge dropped.

https://upperpeninsulabreakingnews.wordpress.com/2017/11/27/booze-drugs-fueled-violent-weekend-in-marquette-and-delta-counties

Forsyth was booked into the Delta County Detention Center (DCDC) at 8:14 p.m. ET on Fri., Feb. 16, 2018.
Forsyth is charged with possession of marijuana, possession of a firearm while under the influence of intoxicants and third-offense operating under the influence of liquor (OUIL, drunken driving).
Its appears the Escanaba media decided not to cover this case. So we did.

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Meanwhile there were at least four brutal assaults in the Escanaba and Marquette area:
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26-year-old Bryce A. Cain, formerly of Marquette, MI, was booked into the Marquette County Jail (MCJ) at 5:19 a.m. ET this morning on Sat., Feb. 17, 2018.

Cain is charged with domestic assault.

Cain was being held Saturday night on a $5,000 bond.

A former NMU student, Cain lists his home address as Whitehall, MI.

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James Beaumont

James Beaumont

29-year-old James Beaumont of Negaunee, MI was booked into the Marquette County Jail (MCJ) at 7:32 p.m. ET on Fri., Feb. 16, 2018.

Beaumont is charged with domestic assault.

Bond has not been set for Beaumont.

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Accused of a Valentine’s Day assault, 27-year-old Melinda Knight, address unconfirmed, was released on bond from the MCJ at 4:20 p.m. ET on Fri., Feb. 16, 2018.
Knight was booked into the Marquette County Jail (MCJ) at 11:41 p.m. on Wed., Feb. 14, 2018.
Knight is charged with domestic assault.

If you have information about what happened or a photo of Knight please contact us

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Macalah Marinoff

Macalah Marinoff

Accused of a Valentine’s Day assault two days earlier, 22-year-old Macalah Marinoff of Marquette, MI was released on bond at 4:32 p.m. on Fri., Feb. 16, 2018.

She is charged with domestic assault.

Marinoff was booked into the Marquette County Jail (MCJ) at 5:32 p.m. ET on Wed., Feb. 14, 2018.

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33-year-old Jennifer Estes, address unconfirmed, was booked into the Marquette County Jail (MCJ) at 1:28 a.m. ET on Wed., Feb. 14, 2018.
Estes is charged with second offense operating while impaired (OWI) and resisting arrest/obstructing a police officer.
Estes remained in jail on Saturday night under a$10,000 bond.

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35-year-old Joseph Erickson of Marquette, MI was booked into the Marquette County Jail (MCJ) at 1:35 a.m. on Thurs., Feb. 15, 2018.

Erickson is charged with larceny (between $200 and $1,000), trespassing/refusal to depart, and possession of an analogue, a controlled substance.

He also has ties to Gwinn, MI.

Erickson remained jail Saturday night under a $10,000 bond.

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19-year-old Noah Moore Hodgson of Marquette, MI was booked into the Marquette County Jail (MCJ) at 11:30 p.m. ET on Fri., Feb. 16, 2018.
Hodgson is charged with attempt larceny from a building.
Bond for Hodgson is $5,000 and he remained jailed Saturday night.

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25-year-old Lee Wallace of Marquette, MI was booked into the Delta County Detention Center (DCDC) at 9:31 p.m. on Wed., Feb. 14, 2018 and released on bond early the next afternoon.
Wallace is charged with possession of a controlled substance (narcotic or cocaine).

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29-year-old Andrew Steeno of Gwinn, MI was booked into the Marquette County Jail (MCJ) at 5:29 p.m. ET on Fri., Feb. 16, 2018.
Steeno is charged with being a “fugitive from justice.”

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Upper Peninsula Glam Sham Couple never had sex or kissed – but federal prosecutors say they were crafty as a TSA officer was part of the plot

Honolulu Nguyen: Sham Marriage in eastern U.P. Leads to arrest of a fake glam couple

sham couple collage 1

By Greg Peterson
S.E. Social Justice Breaking News
News Director/Co-Owner
906-273-2433

(Marquette, MI) – An initial appearance date in Marquette federal court has been set for a glamorous couple with all the Thanksgiving trimmings – but the feds say it was all a sham.

As if out of the pages of Vogue, 27-year-old Trang Minh Nguyen and Andrew James Murray (in his 20s) who look like a picture perfect hot couple – and even got married on April 4, 2012 in St. Ignace, MI – but they did not fool the feds.

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Murray and Nguyen are charged with a federal felony charge of marriage fraud and aiding and abetting marriage fraud.

In fact the alleged marriage sham was discovered by the feds version of a internal affairs section – Office of the Inspector General (OIG) of the U.S. Department of Homeland Security (DHS).

A tip from a Transportation Security Agency (TSA) Supervisor Agent Jacqueline Broderick tipped off federal agents that one of her employees – Transportation Security Officer Andrew Murray – has been paid $20,000 to help a woman gain citizenship.

The special agent that cracked the case is DHS-OIG Special Agent Alexander McLellan –who uncovered the scam with old-fashioned gumshoe police work and surveillance of all involved and those they met.

Andrew Murrary soo 1

Broderick said she heard about the fraudulent marriage through a friend who is a relative of Murray.

It was less above love, prosecutors say, and more about greed and need to be U.S. citizen.

Federal prosecutors say the marriage was more about exchanging $20,000 cash for a life in America.

The couple went all out to convince people of the alleged lie – even arranging social dates from July 18, 2013 including photos – right up to and including the wedding – and they had a joint bank account. After being caught, the couple admitted they never had sex – much less dated or even kissed. In fact, the couple rarely spent any time together.

Nguyen admitted her parents sent the money she paid Murray, the criminal complaint states. Nguyen allegedly went through with the fake marriage to avoid deportation. She was born in Hanoi, South Vietnam.

Tran Nguyen 2

Born in 1990, Nguyen entered the USA on March 29, 2012 as a student. Murray filed a “Petition for Alien Relative” on Sept 25, 2014 that stated she was living with Murray at a residence of East 12 Mile Road in Sault Ste. Marie inside Chippewa County.

The marriage happened in Mackinac County. On Feb.5, 2015 Nguyen was granted a new status of “Conditional Resident.” Following her marriage more paperwork was filed by both, and she was given a permanent status in the USA.

In an odd family twist, the marriage was allegedly arranged by Murray’s uncle whom is married to Nguyen’s aunt. The couple practiced the answers to questions that they knew would be asked when Nguyen applied for citizenship. Before and after the sham marriage, Murray continued to live with his girlfriend on Ashmun St. in the Soo.

After her arrival in America, Nguyen lived in Poughkeepsie and New Paultz, NY from August 2011 to July 2013. Then to a residence on East 10 mile Rd – near Murray’s home (her future home) and during surveillance agents confirmed that Murray was actually staying at his girlfriend’s apartment.

Once busted Murray confessed to federal agents he went through with the scam for financial gain, according to a federal criminal complaint.

Another motive, Murray said, was he was mad at his girlfriend for cheating on him. Of the $20,000 – Murray told agents he had only received $13,000 which he used to pay wedding bills and buy a 2003 Honda motorcycle.

When agents check their cell[phones, there were nude photos of Murray and his girlfriend (beard) but none of Nguyen.

In a text to her boyfriend, Beard showed her frustration with the plot.
“I was really hoping you’d be done with this Trang thing before we moved into a house together,” Beard text reads. “Because I don’t want to be hiding where I live.”

Details of the plot were allegedly outlined in text messages found on both Murray and Nguyen cellphones.

Murray said Nguyen lived with his grandmother and cared for the elderly woman.

This South Vietnam woman apparently is known by some in the Vietnamese community as “Honolulu Nguyen” News has spread like wildfire in Southeast Asia from back to her home country and across Facebook (see on of the stories below).

If convicted, the maximum penalty for both is five years in federal prison (no parole on federal time), $250.000 fine, three years supervised release. Nguyen’s conviction means she will be removed from the country.

The only media to cover the story so far at MLive – whose story helped spread the word and had been shared many times by Vietnamese on both sides of the oceans.

The couple is schedule to be arraigned before U.S. Magistrate Judge Timothy O. Greeley, who set the first appearance in two weeks.

Here is a translated version of one of the people on Facebook sharing info about this couple – here is one Facebook translation of Vietnamese American adding his own take:

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This is from one of the many Facebook posts in Vietnam about this couple:

Honolulu Nguyen: Woman Travel Born Court: married fake in America has the risk of 5 years in prison

Mackinac County, you – a woman Vietnam South was accusing is spent 20,000 dollars for a man in Michigan do paper married to America, avoided the law moving America.

Andrew James Murray and Ms. Trang Minh Nguyen was sentenced to 17/10/2017 about guilty fraud marriage — guilty castle this can be sentenced to 5 years in prison.

Both are in grandma.

Two married day 4/4/2014 in town st. Ignace On Upper Peninsula.

Profile start fill write that you rune paid Murray $ 13,000 in account promised pay 20,000 dollars, according to Todd Allen, deputy internal safe, written in profile 11 pages.

In Profile marriage, two men the supplier picture wedding and you meet others, and a copy of the wall show account bank stand name.

Both seed in the interview says married valid, but then admit marriage.

The investigation start peace from February 4/2016 when a senator of Murray in security traffic, where Murray’s employees, tell viênc hức union that rune cause money for Murray to do marriage fake to in America.

Why shots senator level know from 1 relatives of Murray: Uncle Murray married to you of rune helped make married fake.
A superior heard is Murray and rune practiced you questions / land prepared for an interview.

You Rune in America travel learn day 29/3/2012 in New York.

After marriage, state you change from travel students to citizens have conditions. Two men write on the papers live in general 1 Điạ just on the road east 12 at the old road road in town Sault Ste. Marie.

But the investigation shots monitor Murray from February 6/2016 at mộtc eat house in the street ashmun street, where the investigation shots think Murray live with a girl.

People check see electricity thoài of Murray and see the whole picture girl, don’t see pictures you side Nguyen. The message is also Murray and her girlfriend, don’t see a message with Trang Nguyen.

In 1 message, my girlfriend Murray wrote: ” I hope you finish the story with you page before we moved in with them. Because I don’t want to live hidden…”

Sham marriage indictment 1sham couple collage 2sham couple collage 1

Ironwood, MI Meth Probe – U.P. Breaking News Bulletin: Gogebic County methamphetamine, cocaine, heroin case goes federal

Numerous federal charges expected from huge meth probe in Gogebic County including indictment from a grand jury sitting in Marquette, MI – includes heroin, cocaine and weapons

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gogebic-giant-bust-press-release-3-suspects-with-tip-line

By Greg Peterson
U.P. Breaking News
Owner, News Director

1-906-273-2433

(Marquette, MI) – A man, who was one of four arrested on state meth charges almost two weeks ago in Gogebic County, was appointed the federal version of a court-appointed defense attorney on Tuesday.

Federal drug agents were among the many law enforcement agencies on the scene for the Gogebic County meth raid that was the announced on Friday. January 20, 2017 by the Gogebic Iron Area Narcotics Team – better known as “GIANT.” Numerous meth and other drug and weapons charges against an unknown number of people are expected as federal prosecutors in Marquette bring witnesses before a federal grand jury.

gogebic-giant-bust-press-release-5-corey-tutorOn Tuesday, 34-year-old Corey Allan Tutor, who has ties to Gogebic County and Ashland, WI, was given an attorney at no cost by U.S. Magistrate Timothy P. Greeley. Appointed to represent Tutor was an unnamed member of the U.S. Public Defender Office in Marquette, MI. The office is headed in Marquette by Asst. U.S. Public Defender Elizabeth LaCosse – who once was a prosecutor in the western U.P.

Convicted felon 33-year-old Jeremy James Whitebird – whose home allegedly had $50,000 in meth and other drugs when searched by GIANT agents – is one of the main targets of the local, state and federal drug probe. He faces drug charges and two counts of possession of a gun by a convicted felon – that brings serious time in the federal system.

Officials said that Whitebird has an extensive criminal history, however U.p. Breaking News has been unable to find out much about him through online and other sources.

Current state charges against Whitebird include possession with intent to deliver methamphetamines, heroin, cocaine and marijuana.

The raid involving state and federal drug agents was conducted by the GIANT drug team, the Gogebic Iron SWAT Team, Gogebic County Sheriff’s Department, U.S. Drug Enforcement Administration (DEA) and the U.S. Bureau of Alcohol, Tobacco and Firearms (ATF). Beacon Ambulance Service stood by the scene just in case.

Police confiscated a large amount of meth, coke, heroin, and pot plus several firearms and ammunition, according to a GIANT press release.

Two others – plus Tutor – were present during the raid at the Whitebird residence. The trio are charged with possession of methamphetamines and a loitering charge for allegedly hanging around a drug house. They are 21-year-old Rebecca Jade Gibbons, 30-year-old Carlos Jordan, 30, and 34-year-old Corey Allan Tutor.


Meanwhile, another Gogebic County resident was appointed a U.S. Federal Public Defender on Tuesday – Lisa Celeskey of Ironwood, MI. The reason Celeskey needs a defense attorney for federal probe is not known. The Federal Public Defender Office recommended that attorney Sarah Emily Henderson be appointed to represent Celeskey


Gogebic Iron Area Narcotics Team

“GIANT”

gogebic-giant-banner-3-badgeThis is one of several drug teams in the Upper Peninsula that are working to stamp out the methamphetamine problem that has led to countless deaths, plus left hundreds of Yoopers with very hard to beat addictions to meth, and U.P. Breaking News has heard from numerous homeowners who are among those with rental property that got used as meth labs causing millions of dollars of damage to homes across the U.P.

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Legend Steps Down Today: Larger than life, tough, and feared by the state’s most vicious drug dealers and pornographers – and yes – even controversial – We honor U.S. District Court Judge Robert Holmes Bell – We Bring You His Honor’s Final Sentencings

judge-robert-holmes-bell2

As unusual and independent as the Upper Peninsula where he ruled with an iron fist for 3 decades – Today and Tomorrow are Officially The Final Days for His Honor – The Honorable U.S. District Court Judge Robert Holmes Bell

Plus we hope to hear today about the future of Eastern District of Michigan Federal Prosecutor Barbara McQuade

A new top federal prosecutor took the helm last week in the U.P. area and western half of the Lower Peninsula – The new top cop for the U.P. is Acting U.S. Attorney Andrew Birge, who took over last week after the resignation/step-down of  U.S. Attorney Patrick A. Miles, Jr.  (all just an expected big federal shakeup with a new president from different party)

“The diversion of firearms for unlawful purposes or to those who cannot legally possess them endangers each and every member of our society,” said Federal Judge Robert Holmes Bell at his final sentencing on Thursday

judge-robert-holmes-bell-1

The honorable 72-year-old U.S. District Court Judge Robert Holmes Bell held his final sentencings last week.

This Judge’s judge naturally Command’s Respect (Reminds This Reporter of the Non-Nonsense, Order-In-The-Court, Hang ‘Em High, The Triple A Himself – The Late Great Federal – U.S. District Court Judge Anthony A. Alaimo in Georgia).

Like all federal judges in Michigan, Judge Bell’s impact was profound on every northern Michigan Indian Nation – whether it was tribal domestic violence, or the Founder of American Tribal Gambling Fred Dakota, or the many civil cases.

judge-robert-holmes-bell-3

For Whom the Bell Tolls – To Prison

Dealing With An Armed Crack Dealer:

Dealt 12 years in federal prison by U.S. District Court Judge Robert Holmes Bell in one of his final sentencings last week

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

Federal Judge Robert Holmes Bell sent many heavily armed and murderous drug dealers, gangs, gun-runners and just plain bad people to prison  – from the Upper Peninsula and down to Grand Rapids, Kalamazoo and Benton Harbor.

In the federal system there is no parole, so when he sentences someone 20 or 30 years – that is what they serve.

Hey – Judge Bell even has a judge-looking appearance and official kind of name – just saying.

He was named (middle) after one of America’s most famous jurists.

There was even a brief filed last week with re-assignment of Judge Bell’s many criminal and civiol cases due to “Inactive senior status effective (tomorrow, Tuesday) January 31, 2017– in legal jargon – but it means retirement:

Judge Bell is scheduled to take inactive senior status effective January 31, 2017, and will be unavailable to conclude proceedings in these matter”


Judge Bell’s Second to Last Sentencing, followed by his final (scroll down to sees lots you do not expect):

Dealing With An Armed Crack Dealer:

Dealt 12 years in federal prison by U.S. District Court Judge Robert Holmes Bell in one of his final sentencings last week

By Greg Peterson

(Grand Rapids, MI) – Armed crack kingpin Calvin Veernell Dennis was sentenced to nearly 12 years (140 months) in federal prison by U.S. District Court Judge Robert Holmes Bell on Tues., Jan. 24, 2016 – the latest in numerous Michigan drug traffickers getting stiff prison terms

The decade plus in prison will be followed by three years supervised release

Calvin Veernell Dennis admitted being a highly armed cocaine trafficker and convicted felon in Kent County, MI.

Dennis pleaded guilty to felon in possession of firearms and possession of firearms in furtherance of a drug trafficking crime.

Colt Agent .38 revolver (Serial No. M53914) and 21 rounds of Winchester .38 spl. caliber ammunition

M-11, 9mm Cobroyo semiautomatic pistol and 60 rounds of 9mm ammunition

Smith and Wesson, model SW40VE, .40 caliber semiautomatic pistol (Serial No. RAY4273) and 20 rounds of Winchester .40 caliber ammunition

Tanfoglio, model TZ75, 9mm semiautomatic pistol (Serial No. H00704) and 16 rounds of Winchester Luger and Hornady 9mm ammunition

Rock River Arms, LAR 15, 5.56 caliber rifle (Serial No. CM179750) and 50 rounds of Remington .223 caliber ammunition

660 rounds of 7.62 caliber ammunition.

Case Summary

1:16-cr-00098-RHB All Defendants USA v. Dennis

Date filed: 05/25/2016

Date terminated: 01/24/2017

Calvin Veernell Dennis

Filed: 05/25/2016

Kent County, MI

Count: 1 citation: 18:922g.f offense level: 4 18:922(g)(1), 18:921(a), 18:924(a)(2)

Unlawful transport of firearms, etc.; felon in possession of firearms

Count: 2 citation: 18:922g.f offense level: 4 18:922(g)(1), 18:921(a), 18:924(a)(2)

Unlawful transport of firearms, etc.; felon in possession of ammunition

Count: 3 citation: 21:841a=nd.f offense level: 4 21:841(a)(1), 21:841(b)(1)(c)

Narcotics – sell, distribute, or dispense; possession with intent to distribute cocaine base

Count: 4 citation: 18:924c.f offense level: 4 18:924(c)(1)(a)(i), 21:841(a)(1)

Violent crime/drugs/machine gun; possession of firearms in furtherance of a drug trafficking crime

Defendant in Custody

Assistant U.S. Attorney Sally J. Berens

Phone: (616) 456-2404

Email: sally.berens@usdoj.gov

Assistant U.S. Attorney Joel S. Fauson

Phone: (616) 456-2404

Email: joel.fauson@usdoj.gov

Assistant U.S. Attorney Jennifer S. Murnahan

Phone: (616) 456-2404

Email: jennifer.murnahan@usdoj.gov

Assistant U.S. Attorney Alexis M. Sanford

Phone: (616) 456-2404

Email: alexis.sanford@usdoj.gov

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Judge Bell’s Final Sentencing:

FOR IMMEDIATE RELEASE: Thursday, January 26, 2017

Grand Rapids Man To Spend Five Years In Prison For Trafficking Firearms

GRAND RAPIDS, MICHIGAN – Donte Timothy Bacon, 31, of Grand Rapids, was sentenced to 60 months’ imprisonment, Acting U.S. Attorney Andrew Birge announced today.

In August, Bacon pled guilty to selling a firearm to a prohibited person and possession of a firearm with an obliterated serial number. Charles Lee Samuels, 28, earlier was sentenced to 18 months in prison for his lesser role in the crimes.

On five different occasions in August and September 2014, Bacon sold a firearm to a person who was not permitted to possess it under federal law. One of the firearms was sold with a high-capacity magazine. Two of those firearms had been purchased by Bacon and Samuels and were sold after Bacon removed the serial numbers. During the final transaction, Bacon and Samuels used a hand-grinder to remove the serial number at the time of sale.

In his final sentencing before retiring from the bench, U.S. District Judge Robert Holmes Bell observed the seriousness of trafficking firearms. Judge Bell ordered Bacon to serve three years of supervised release following his term of custody and expressed his hope that Bacon will return as a productive member to his community.

“The diversion of firearms for unlawful purposes or to those who cannot legally possess them endangers each and every member of our society,” said Acting U.S. Attorney Birge. “The U.S. Attorney’s Office will prosecute those who willfully circumvent federal firearms laws designed to protect the public.”

“Selling firearms to prohibited individuals contributes to the cycle of gun violence plaguing our neighborhoods,” said Special Agent in Charge Robin Shoemaker of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. “ATF will continue to use all available resources to put a stop to illegal gun sales. Let this conviction stand as a warning to others willing to put profit before public safety.”

The ATF conducted the investigation, with assistance from the Grand Rapids Police Department. Assistant U.S. Attorneys Justin M. Presant and Alexis M. Sanford prosecuted the case.

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Other federal court cases this past week you did not hear about:

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Five years in prison for coke/heroin dealer

Drug dealer Jamian Charles Pearce sentenced on Jan. 23, 2017 to five years (60 months) in federal prison by U.S. District Court Judge Paul L. Maloney for distributing heroin and cocaine in Kent County, MI in Feb. 2016.

After five years in prison, he will be on three years of supervised release.

On March 16, 2015, Muskegon County Law Enforcement arrested 32-year-old Jamian Charles Pearce for obstructing justice/probation violation in Muskegon, MI

Case Summary:

1:16-cr-00036-PLM-4 USA v. Hairston et al

Date filed: 02/25/2016

Date of last filing: 01/24/2017

Jamian Charles Pearce

Filed: 02/25/2016

Kent County, MI

Count: 1

Citation: 21:846=NP.F Offense Level: 4 21:846, 21:841(a)(1), 21:841(b)(1)(a)(i) and (ii), 21:841(b)(1)(c)

Conspiracy to possess narcotics; conspiracy to possess and distribute cocaine and heroin

Count: 3

citation: 21:846=np.f offense level: 4 21:846, 21:841(a)(1), 21:841(b)(1)(c), 18:2

Conspiracy to possess narcotics; attempted possession with intent to distribute cocaine

Count: 1s

citation: 21:846=nd.f offense level: 4 21:846, 21:841(a)(1), 21:841(b)(1)(a)(i) and (ii), 21:841(b)(1)(c)

Conspiracy to distribute narcotics; conspiracy to distribute and possess with intent to distribute cocaine and heroin

Count: 3s

citation: 21:846=nd.f offense level: 4 21:846, 21:841(a)(1), 21:841(b)(1)(c), 18:2

Conspiracy to distribute narcotics; attempted possession with intent to distribute cocaine

Count: 1ss

citation: 21:846=nd.f offense level: 4 21:846, 21:841(a)(1), 21:841(b)(1)(b)(ii)

Conspiracy to distribute narcotics; conspiracy to distribute and possess with intent to distribute cocaine

Defendant in custody

Assistant U.S. Attorney Mark V. Courtade

Phone: (616) 456-2404

Email: mark.courtade@usdoj.gov


Three years in prison for identity theft

By Greg Peterson

(Grand Rapids, MI) – Pedro Enrique Sanchez Pupo was sentenced to 37 months in prison on Jan.25, 2017 by Chief U.S. District Court Judge Robert J. Jonker for aggravated identity theft crimes committed in 2015 in Kent County, MI:
In plea agreement, Pupo pleaded guilty to count one of the indictment conspiracy to commit wire fraud. Her will serve his time – three years and a month- in a federal prison in Florida near his family.

Date of last filing: 01/28/2017

Pedro Enrique Sanchez Pupo

Filed: 12/01/2015

Kent County

Count: 1 Citation: 18:1349.F Offense Level: 4

18:1349, 18:1343

Attempt and conspiracy to commit fraud; conspiracy

Count: 2 citation: 18:1029a.f offense level: 4

18:1029(a)(3), 18:1029(c)(1)(a)(i), 18:2

Produces/traffics in counterfeit device; access device fraud

Count: 3 citation: 18:1028a.f offense level: 4

18:1028a(a)(1), 18:1028a(c)(4), (5), 18:1028a(b), 18:2

Fraud with identification documents; aggravated identity theft

Defendant in Custody

Federal Prosecutor:

Assistant U.S. Attorney Hagen W. Frank

Phone: (616) 456-2404

Email: hagen.frank@usdoj.gov



Ten years – 121 months in prison for distributing coke and heroin

By Greg Peterson

(Grand Rapids, MI) – One of the defendants in major heroin ring was sentenced to just over ten years in federal prison on Jan. 24, 2017 by U.S. District Court Judge Paul L. Maloney for distributing heroin and cocaine during Jan. 2016 in Kent County, MI.

Mario Cruz pleaded guilty to one count of conspiracy to possess narcotics; conspiracy to possess and distribute cocaine and heroin.

No parole in federal prison, and will be under three years supervised release when let out in a decade.

Case Summary

1:16-cr-00036-PLM-3 USA v. Hairston et al

Date filed: 02/25/2016

Date of last filing: 01/24/2017

Mario Cruz

Filed: 02/25/2016

Kent County

Other Court Case: 1:16-cr-169 Related Case

Count: 1 citation: 21:846=np.f offense level: 4

21:846, 21:841(a)(1), 21:841(b)(1)(a)(i) and (ii), 21:841(b)(1)(c)

Conspiracy to possess narcotics; conspiracy to possess and distribute cocaine and heroin

Count: 2 citation: 21:846=nd.f offense level: 4

21:846, 21:841(a)(1), 21:841(b)(1)(a)(i) and (ii), 21:841(b)(1)(c)

Conspiracy to distribute narcotics; conspiracy to distribute and possess with intent to distribute cocaine and heroin

Defendant in custody

Federal prosecutor:

Assistant U.S. Attorney Mark V. Courtade

Email: mark.courtade at usdoj.gov



Read about the fancinating reign of a tough federal judge – who was feared by all the big time evil doers in the Upper Peninsula:

https://www.justice.gov/usao-wdmi/pr/2017_0126_Bacon

https://www.apnews.com/cb2f330cae944accaeac06e0be6b56c2

http://www.mlive.com/news/grand-rapids/index.ssf/2016/10/federal_judge_robert_holmes_be.html

http://www.mlive.com/news/grand-rapids/index.ssf/2016/11/towering_figure_robert_holmes.html

http://www.mlive.com/living/grand-rapids/index.ssf/2011/02/profile_us_district_court_judg.html

http://www.miwd.uscourts.gov/judges-info/judge-robert-h-bell

https://en.wikipedia.org/wiki/Robert_Holmes_Bell

judge-robert-holmes-bell-1judge-robert-holmes-bell-3judge-robert-holmes-bell2

See the ‘Boo Hoo Letter’ from a Michigan Child Pornographer who wants to marry his co-defendant: Michigan’s Child Pornographers – Plus the alleged suspects in federal cases involving charges of child porno and sex crimes against kids across the Upper Peninsula, Michigan and northern Wisconsin

This is the new U.P. Breaking News page devoted to exposing the many federal cases involving child pornographers and the child pornography and sex cases filed in northern Michigan federal courts and some of the Lower Peninsula (if you are found not guilty let us know otherwise do not complain that we expose the admitted creeps of society)

U.P. Breaking News lets the chips fall where they may – raising public awareness is one of the duties of the media.

If you know someone with child pornography or who has committed sex crimes against children – please call the police asap!

——-

Page under construction – constantly updating – will be adding more cases and their results plus updating all cases – if you have a federal case you would like to see us feature – please send the name to U.P. Breaking News through Facebook, email or call

——-

Normann Robert Pittelkow of Albion, MI – 22 years in prison for child porno

Girlfriend Nicole Renee Jacob – 15 years in prison

letter-from-child-pornographer

Just released by U.P. Breaking News – Read the astounding “Boo-Hoo Letter” from a Michigan child pornographer who was sentenced this week to two decades in prison

prison-term-for-pittelkow-and-nicole-reneee-jacob

Couple involved in child porn – now off to prison – but will they be allowed to get married

Boo-Hoo Letter from child pornographer Normann Robert Pittelkow

Normann Robert Pittelkow Sentencing Child Porn 11-20-16

Nicole Jacob Sentencing

Normann Robert Pittelkow and Nicole Renee Jacob, Child Porn Indictment 12-08-15

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

A longtime Albion, Michigan couple – who want to get married in federal slammer – are headed to federal prison for a long time after pleaded guilty in connection with shocking case in Calhoun County involving child porn and exploitation of children for getting three underage girls to pose for naked photos that he posted on the internet.

For the next 30 plus years the feds to keep an eye on the man – mostly in federal prison and has been ordered to pay over $20,000 to his minor victim plus restitution for his prosecution in a series of fees/fines.

Normann Robert Pittelkow of Albion, MI will spend over 22 years (265 months) in federal prison for sexual exploitation children and and possession of child pornography.

Pittelkow and his long-time girlfriend, coerced young three sisters to pose for nude and lingerie photos The girls were aged 13, 14, and 16. The crimes committed in September 2013.

In an incredible letter to the judge, Pittelkow said he seeks to “repair the damage” his crimes have caused and “figure out why my thought process broke down and get it mended.”

Saying he has lost all friends, co-workers and family, who are apparently not interested in his apologies.

Pittelkow was sentenced this week (Nov. 30, 2016) by a disgusted U.S. District Judge Robert Holmes Bell in Grand Rapids, MI.

His girlfriend, Nicole Renee Jacob, will spend over 15 years (180 months) in prison after a plea agreement with federal prosecutors. She was sentenced on Oct. 27, 2016 by Judge Bell.

In a five page letter to the judge, Pikkelkow even claims to want to marry his partner of 14-years – even though they were involved in a child porn plot.

Pittelkow was represented by attorney Helen Nieuwenhuis.

After serving the 22 years, he will be placed on ten years of supervised release.

Pittelkow was indicted with numerous felonies including four counts of “sexual exploitation of children; sexual exploitation of a child and attempted sexual exploitation of a child and one count of material constituting/containing child porno; possession of child pornography

Jacob was charged with sexual exploitation of children; sexual exploitation of a child and attempted sexual exploitation of a child

The federal prosecutors in the case is Assistant U.S. Attorney Tessa K. Hessmiller and Assistant U.S. Attorney Jennifer S. Murnaha.

Federal prosecutors:

Assistant U.S. Attorney Tessa K. Hessmiller

Assistant U.S. Attorney Jennifer S. Murnahan

(616) 456-2404

tessa.hessmiller at usdoj.gov

jennifer.murnahan at usdoj.gov

——-

Aaron Tyler Dulac – 15 years in prison

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

Aaron Tyler Dulac was sentenced on Nov. 28, 2016 to 15 years (180 months) in federal prison – followed by eight years of supervised release – by United States District Court Judge Paul L. Maloney for child porn offenses on March 27, 2013 in Ingham County, MI.

Distribution of Child Pornography

Counts 2-4 and 5-6 are dismissed

United States District Court for the Western District of Michigan Southern Division

Dulac knowingly distributed child pornography that was shipped and transported using any means and facility of interstate and foreign commerce, including by computer. Specifically, the defendant distributed approximately 24 images and 2 videos of child pornography via e-mail through the internet, including, but not limited to, one or more of the following visual depictions:

14_yo_hairbrush-sluurrps.avi

Other Sexy party with some children 3 (400).3gp

[name redacted]_005.jpg

[name redacted]_006.jpg

[name redacted]_007.jpg

——-

Robert Thomas Carlson of Marquette County

Carlson was indicted for possession of child pornography by a federal grand jury in Marquette on Tuesday, August 12, 2014 – one of three U.P. cases filed by the office of United States Attorney Patrick A. Miles, Jr. in the U.S. District Court for the Western District of Michigan that includes the Upper Peninsula.

——-

54-year-old Mark Earl McLeod of Marion, Michigan – died before sentencing after pleading guilty

In May 2015, a federal judge dismissed the indictment after the suspect’s death

“Having received and reviewed the government’s motion to dismiss the indictment due to the defendant’s confirmed death, and defense counsel not opposing the motion, the court hereby grants the motion, and orders that the indictment be dismissed.”

Distribution of Child Pornography on or about February 25, 2012, in Osceola County, in the Southern Division of the Western District of Michigan.

McLeod was indicted on Tuesday, August 12, 2014 for possession and distribution of child pornography – involving preteen boys – during 2012 in Osceola County.

McLeod “knowingly possessed approximately 564 images and approximately 48 videos of child pornography,” the indictment states.

McLeod “knowingly distributed child pornography that was shipped and transported in and affecting interstate and foreign commerce by any means, including by computer,” the indictment states and continues “the defendant distributed child pornography via the Internet using a peer-to-peer file sharing program.”

Mark Earl McLeod knowingly distributed child pornography that was shipped and transported in and affecting interstate and foreign commerce by any means, including by computer. The defendant distributed child pornography via the Internet using a peer-to-peer file sharing program, including, but not limited to, one or more of the visual depictions listed below by file name:

REALLY SICK 9yo boys xxxing in the Axx Preteen Pedo Boys Playing Sucking Gay

inzest, incest, 8, 9, 10, 11, 12, 13, 14, 15, 16RBV KDV PT R@YGOLD PRT PTHC PJK

dick cock Preteen.jpg; and

!2005! Preteen boys posing nude zadoom kdv rbv pthc fenerbahce shx gay sex 9yo 106yo

11yo 112(1)(1).JPG.

Count two possession of child pornography on or about May 7, 2012, in Osceola County, in the Southern Division of the Western District of Michigan, Mark Earl McLeod knowingly possessed approximately 564 images and approximately 48 videos of child pornography, including, but not limited to, one or more of the visual depictions listed below by file name:

1. aaaa boylove gay pedo preteen boy sex child porn 107.jpg;

2. aaaa boylove gay pedo preteen boy sex child porn 129.jpg;

3. aaaa boylove gay pedo preteen boy sex child porn 143.jpg;

4. 1 [name redacted] & [name redacted] 2 Cute Gay Preteen Boys 11Yo 10Yo Brothers

Naked Nude On Bed Pedo Young Child Sex Kdv Rbv Pjk(11).jpg;

5. {FC03A2F5-2875-496D-86D2-C86F8C1BF739}.jpg; and

6. Preteen Boys 3some RBV KDV PT R@YGOLD PRT PTHC PJK Preteen Kids Boys

Little illegal Incest Pedo Young Gay Teen Innocent Child Hairless 08.jpg.

Such depictions were shipped and transported using any means and facility of interstate and foreign commerce. Specifically, the defendant downloaded these images from the Internet.

https://upperpeninsulabreakingnews.wordpress.com/category/mark-earl-mcleod/

http://upperpeninsulabreakingnews.tumblr.com/post/94758978612/pervs-r-us-child-porn-andor-molestation-charges

http://michigan.obituaries.funeral.com/2015/05/14/mark-earl-mcleod

——-

Christopher Michael-Ernest Smith a/k/a “mikedphunt at yahoo.com” of Grand Rapids, MI was sentenced to seven years (84 months) in prison on Oct. 21, 2016 by U.S. District Court Judge Riobert J. Jonker for Receipt of Child Pornography that occurred in September 2014 in Kent County, Michigan.

After prison, he will spend 10 years on supervised release

Indictment: Christopher Michael-Ernest Smith a/k/a “mikedphunt at yahoo.com” knowingly distributed child pornography that was shipped and transported using any means and facility of interstate and foreign commerce. Specifically, the defendant distributed approximately 16 images of child pornography via e-mail through the internet, including, but not limited to, one or more of the visual

depictions listed below by file name:

1. dsc00035.jpg

2. dsc00057.jpg

3. dsc00074.jpg

4. dsc00080.jpg

5. [name redacted]1_set36_066.jpg

6. [name redacted]1_set36_062.jpg

7. [name redacted]1_set36_065.jpg

8. [name redacted]1_set36_067.jpg

9. [name redacted]1_set36_093.jpg,

10.[name redacted]1_set36_095.jpg

11.[name redacted]1_set36_096.jpg

12.[name redacted]1_set36_097.jpg

13.[name redacted]1_set36_098.jpg

14.[name redacted]1_set36_100.jpg

15.hard(154).jpg

16.hard(195).jpg

18 U.S.C. § 2252A(a)(2)(A) and (b)(1)

18 U.S.C. § 2256(8)(A)

Criminal Sexual Conduct – Second Degree (person Under Thirteen) Date Convicted: 07 July 2005

 ——-

34-year-old Douglas Emil Kugler, Jr. of Vilas County, Wisconsin on Wednesday, July 13, 2014 agreed to a plea bargain and pleaded guilty to one count of abusive sexual contact with a child under the age of 12.

Kugler signed the plea agreement on August 7 before his defense attorney Derek G. Swajanen and assistant U.S. Attorney Paul D. Lockner.

The maximum penalty if Kugler pleads guilty is 20 years in jail, a $250,000 fine and five years probation.

Kugler must file as a sexual offender in Wisconsin.

A non-native Kugler allegedly had sexual contact with a young Native American boy- about 3 and a half years old – while visiting a family member at the Keweenaw Bay Indian Community in Baraga, Michigan.

——-

61-year-old Tommy Alan Cain, formerly of Kincheloe, was arrested in Grand Rapids on July 24, 2014 after his indictment by a federal grand jury on multiple sexual abuse laws involving a minor:

Five counts of Sexual Abuse by Threat (Max life sentence if convicted)

One count of Abusive Sexual Contact by Threat (Max 3 years if convicted)

Six counts of Sexual Abuse of a Minor. (Max 6 years per count – or 36 years total – if convicted

The indictment alleges Cain engaged in sexual acts with a minor victim over a four-year period beginning in 2007 on trust lands of the Sault Ste. Marie Tribe of Chippewa Indians.

Cain,who is non-native, is accused of molesting and terrorizing a female minor who is Native American.

——-

Derek Allen Kidder of Kent County, Michigan was indicted on August 6, 2014 by a federal grand jury in Grand Rapids on two felonies involving the receipt and possession of child pornography depicting very young boys and girls.

Kidder allegedly received and viewed child pornography on or about September 6 and 7, 2011 in Kent County on his computer.

——-

John Richard Balyo of Kalamazoo was indicted on July 23, 2014 by a federal grand jury in Grand Rapids on felony charges of sexual exploitation of a child and possession of child pornography.

Balyo allegedly “produced photographs of a boy” about 12 years old and then “engaged in sexually explicit conduct” on April 19, 2014 in Kalamazoo County, Michigan.

Under forfeiture proceedings, if Balyo is convicted the government plans to take his Apple iPhone4S, and Apple iMac computer and a Nikon digital camera.

——-

Related info:

Michigan child porn stories: Mid-Michigan man facing felony child pornography charges: Willard Wallace Jr., 56, of Midland is accused of producing child porn with kids between the ages of 2 and 7

http://www.wnem.com/story/26349983/neighbors-speak-out-after-mid-michigan-man-arrested-on-child-porn-charges

Perv Priests:

http://bishop-accountability.org/priestdb/PriestDBbylastName-M.html http://bishop-accountability.org

FBI Dead Pool:

https://www.dpscs.state.md.us/onlineservs/sor/sor_listings/pdf_bycat.pdf

Perv stories:

http://www.policeprostitutionandpolitics.com/index.php?option=com_content&view=article&id=100:pedophile-and-child-porn-cops-all-years&catid=1:latest-news&Itemid=50

Laws:

18 U.S.C. § 2252A(a)(2)(A) and (b)(1)

18 U.S.C. § 2256(8)(A)

18 U.S.C. § 2252A(a)(5)(B) and (b)(2)

ANOTHER DEAD KINROSS INMATE: Terror and fear reported at Kinross Correctional Facility

Another Kinross Inmate is Dead: Kinross  Prison reported in state of fear and terror for both Michigan Corrections Officers and the Inmates following recent riot

dead-kinross-inmate-charlie-lee-anderson

Died from lack of water?

Officials refuse to say what happened to latest dead inmate at Kinross

Kinross unrest and danger is a real and present danger to public, staff and prisoners in eastern U.P., our investigation shows

By Greg Peterson
Owner, News Director
U.P. Breaking News
906-273-2433

(Kinross, MI) – An ongoing investigation by U.P. Breaking News into reports of abuse of inmates – and of real danger to state corrections officers – has numerous sources reporting a state of fear, danger and retaliation at controversial prison in the eastern part of Michigan’s Upper Peninsula.

First the guy who died yesterday was no saint – a long record of crimes – but he was not sentenced to death by the jury. Yet he died yesterday under mysterious circumstances that may include lack of hydration.

Yesterday (Mon., 10-10-16), U.P. Breaking News reported that emergency medical officials were called to the prison to treat an inmate who was not responsive. Well, that inmate, Charles Lee Anderson, is dead.

He recently celebrated his 51st birthday.

His crimes are long and terrible, but sources familiar with the case say he should not have died yesterday.

kinross-3We have left a message for the Kinross Warden – but he has not returned our calls.

Numerous sources report a state of fear and danger – that is felt by both inmates and corrections officers at Kinross. Recently state budget cuts in the Upper Peninsula have put lives at danger – and even led to numerous deaths, an investigation by U.P. Breaking News shows.

Without even hearing from state officials, U.P. Breaking News believes the state would deny the budget cuts have lead to deaths in the U.P. – so we are putting up their generic denial as a courtesy.

Remember while fires were set and a massive riot was underway, MDOC officials lied to reporters about how serious the recent riot was at Kinross. U.P. Breaking News has to post proof in the former of sate communications before state officials acknowledged a riot had happened. See our youtube page for the audio.

One source said the state is legally obliged to provide and strive for an environment that is safe to both inmates and corrections officers – which by the way – we have heard there are many good COs at Kinross who are also disgusted with how the prison has devolved into danger to staff and inmates.

Out investigation shows, we believe, that federal authorities need to raid Kinross asap before more deaths occur.

**State officials are urged to call U.P. Breaking News 906-273-2433. Please.

***U.P. Breaking News is also amazed that the union officials from the Michigan State Troopers and Corrections Officers Unions are not making the public aware of these dangers caused by budget cuts. I would not want to even live near the prison right now.

dead-kinross-inmate-charlie-lee-anderson

Below see his criminal history of the dead Kinross Inmate – as given by state website:

Kinross dead Inmate:

http://mdocweb.state.mi.us/OTIS2/otis2profile.aspx?mdocNumber=198375

Michigan.gov

BIOGRAPHICAL INFORMATION

MDOC Number:

198375

SID Number:

1461737H

Name:

CHARLIE LEE ANDERSON

Racial Identification:

Black

Gender:

Male

Hair:

Black

Eyes:

Brown

Height:

6′ 5″

Weight:

342 lbs.

Date of Birth:

08/26/1965 (51)

CHARLIE LEE ANDERSON

Image Date:

9/10/2015

MDOC STATUS

Current Status:

Prisoner

Earliest Release Date:

05/06/2024

Assigned Location:

Kinross Correctional Facility

Maximum Discharge Date:

04/21/2069

Security Level:

II

ALIASES

TREE

CHARLES ANDERSON

CHARLES LEE ANDERSON

CHARLIE LEE

CHARLIE LEE ANDERSON

DEDRICK W ANDERSON

MARKS, SCARS & TATTOOS

None

PRISON SENTENCES

ACTIVE

Sentence 1

Offense:

Criminal Sexual Conduct, 2nd Deg (Person Under 13)

Minimum Sentence:

15 years 0 months 0 days

MCL#:

750.520C1A / 769.12

Maximum Sentence:

30 years 0 months

Court File#:

09003645-01-FC

Date of Offense:

01/09/2008

County:

Wayne

Date of Sentence:

05/07/2009

Conviction Type:

Plea

Sentence 2

Offense:

Robbery Unarmed

Minimum Sentence:

7 years 0 months 0 days

MCL#:

750.530 / 769.12

Maximum Sentence:

25 years 0 months

Court File#:

98163261FH

Date of Offense:

11/07/1998

County:

Oakland

Date of Sentence:

01/26/1999

Conviction Type:

Plea

Sentence 3

Offense:

Prisons – Prisoner Possessing Contraband

Minimum Sentence:

2 years 0 months 0 days

MCL#:

800.2814 / 769.11

Maximum Sentence:

10 years 0 months

Court File#:

92-561-6-FH

Date of Offense:

07/23/1992

County:

Emmet

Date of Sentence:

02/16/1993

Conviction Type:

Plea

Sentence 4

Offense:

Robbery Armed

Minimum Sentence:

5 years 0 months 0 days

MCL#:

750.529

Maximum Sentence:

20 years 0 months

Court File#:

8814242

Date of Offense:

11/13/1988

County:

Wayne

Date of Sentence:

01/10/1989

Conviction Type:

Plea

Sentence 5

Offense:

Weapons – Felony Firearms

Minimum Sentence:

2 years 0 months 0 days

MCL#:

750.227BA

Maximum Sentence:

2 years 0 months

Court File#:

8814242

Date of Offense:

11/13/1988

County:

Wayne

Date of Sentence:

01/10/1989

Conviction Type:

Plea

INACTIVE

Sentence 1

Offense:

Larceny in a Building

Minimum Sentence:

2 years 0 months 0 days

MCL#:

750.360

Maximum Sentence:

4 years 0 months

Court File#:

8815085

Date of Offense:

11/10/1988

County:

Wayne

Date of Sentence:

01/18/1989

Conviction Type:

Plea

Discharge Date:

04/17/1992

Discharge Reason:

Order Terminated, Continued on Additional Order(s)

Sentence 2

Offense:

Larceny in a Building

Minimum Sentence:

2 years 0 months 0 days

MCL#:

750.360

Maximum Sentence:

4 years 0 months

Court File#:

8815084

Date of Offense:

11/06/1988

County:

Wayne

Date of Sentence:

01/18/1989

Conviction Type:

Plea

Discharge Date:

04/17/1992

U.P. Breaking News Exclusive: Medical Marijuana arrests gets some lawmakers mad: Serving time without internet or lawyers to help fight his legal battles – Houghton County’s Nathan Joyal hopes to be set free from Minnesota federal prison – thanks to testimony of U.S. Congress members who accuse federal prosecutors of a giant overreach when targeting Medical Marijuana businesses and essentially made it a crime to pick on legit Medical Marijuana businesses – plus Joyal’s hopes also rely 0n recent federal appeals court rulings in California Medical Marijuana related cases

Nathan Joyal #6 Facebook

Nathan Joyal in happier days

Will the words of U.S. Congress members help overturn the conviction of an Upper Peninsula medical marijuana business owner – who pleaded guilty – after being accused of flaunting state and federal marijuana and weapons laws

Joyal writ of habeas corpus 11Joyal Forefeiture Satisfaction

 

Nathan Joyal settles forfeiture for $50,000 – and files a plea for a writ of habeas corpus

By Greg Peterson

Owner, News Director

U.P. Breaking News

906-273-2433

(Marquette, MI) – On one hand he’s suing the feds calling them persecuting crooks – and with the other hand slipping a mound of cash to settle a fine with federal prosecutors.

Fast becoming a cause célèbre in the medical marijuana movement as his case is oft discussed in industry chat-rooms, a Houghton County man is demanding he be released from prison in a motion that basically accuses the feds of persecuting medical pot providers.

Fed. Prisoner Search graphicJoyalo Duluth Fed Prison Camp Min Sec

Just days after handing $50,000 over to federal prosecutors, Nathan Joyal filed the civil suit that protects the wrongly imprisoned – the famous demand for a writ of habeas corpus. Serving time at a federal prison in Duluth, MN, Joyal is now known by his prison number: 18185-040

In May 2015, a judge approved a demand by federal prosecutors who filed a $100,000 (cash) “forfeiture money judgment” against Joyal

On August 11, 2016 “an order of satisfaction of forfeiture money judgment” was filed essentially cutting the forfeiture in half – to $50,000.

“The parties reached an agreement for the government to accept an immediate payment of $50,000 in satisfaction of the defendant’s (Joyal’s) outstanding balance of the forfeiture money judgment,” the document reads.

On August 6, 2016, “the United States Marshals Service received a cashier’s check in the amount of $50,000 made payable to The United States Marshals Service,” as agreed by all parties. “The judgment is satisfied.”

Nathan Joyal #8 Smoking Pot Pipes on Facebook

The forfeiture satisfaction was filed under the name of a retired (or semi-retired) Judge R. Allan Edgar – and 19 days later (August 30, 32016) – a notice was filed officially reassigning the case to another judge.

The Houghton County man pleaded guilty to running a rogue pot growing and medical marijuana dispensary operation – while heavily armed. But his attorneys say Joyal was unaware at the time of his plea that the government’s ability to prosecute him had been defunded.

“In this instance, (Joyal) was wholly unaware that during the course of the proceedings the funding for the government was revoked for the express purpose of thwarting its ability to prosecute medical marijuana cases,” the suit states.

Joyal’s civil suit against the government argues that defunding the national program that targets illegal pot growing in medical marijuana states – is a giant stogie of a smoke signal that prosecuting medical marijuana dealers is a waste of time and should be a thing of the past.

Joyal argues he complied with state law – while creating his medical marijuana business.

Joyal “went through great pains to comply with state law at every step of his opening and running a medical marijuana dispensary,” the suit states.

Saying he is illegally confined in prison, Joyal’s civil suit calls for him to be released and that his conviction be overturned.

The 15-page suit seeks a writ of “habeas corpus” on behalf of Joyal and is a “motion to vacate, set aside, or correct a sentence” for a person in federal custody – an argument often used by prison inmates. Its considered the best legal way to set free a person wrongly imprisoned in the U.S.

The suit is accompanied with a pile of legal arguments including two California cases that argue a person can appeal even though they forgo the right as part of a plea deal – and to prevent the U.S. Justice Department from spending money to prosecute medical marijuana cases because the effort has been defunded – arguing the suspects had not broken the law.

On Dec. 16, 2014, the president signed an appropriations act for 2015 – and in it two members of congress included “a rider” which “defunds the Dept. of Justice from prosecuting against medical marijuana providers who are adhering to state laws protecting their actions,” according to the motion filed by Joyal.

“This in fact makes the prosecution of these individuals (busted medical marijuana businesses) a crime” under the Anti-Deficiency Act.

Another issue is Joyal’s waiver of his right to appeal when he agreed to the plea bargain “under advice of council.” But – Joyal says – the whole deal was invalid from the get go.

The “legality” of a plea deal with federal prosecutors – and giving up the right to appeal – is “held to the same standard as any other legal contract” and “illegality in the contract voids the agreement.”

“Therefore the contract/waiver (of appeal rights) is void,” the suit states, adding Joyal did not have timely access to updated legal opinions while in prison.

“The issue in this case is whether the government had the right to prosecute this case,” the suit contends – citing a recent ruling in the Ninth U.S. Circuit Curt of Appeals (U.S. vs. Steve McIntosh No.15-10117).

That ruling involves a California medical marijuana case that addresses the legality of prosecuting a case where a “rider” exists – that denies federal funding to prosecute cases “where the defendant abided by state law there exists a serious question of constitutional law of the legality of a subsequent conviction using funds disallowed,” the suit states.

The suit makes much hay out of testimony from members of congress stating the prosecution of those involved in the medical pot business is illegal – and a crime.

In addition to the defunding “rider” – the U.S. Congress made it a crime to even prosecute the cases, the suit states

“It is actually a criminal act to circumvent the rider” and doing so “is a criminal offense punishable by up to two years in prison and a fine of $5,000,” the suit argues.

“There is a clear violation of congressional intent in the prosecution of medical marijuana cases,”

“It has even been made clear by members of congress that to prosecute these cases is in fact itself a crime,” the suit states, adding that Joyal and his father worked hard to bring the issue to the attention of defense attorneys and the court in a timely matter – asap. Another case (is used to argue the so-called “statute of limitations” between when a defendant knows about a defense that can vitally affect a criminal case – and when its brought to the attention of a judge.

The case cited is: Willis vs. Jones – a 2009 ruling from the Sixth U.S. Circuit Court of Appeals.

A man who apparently loves his weapons, Nathan Anthony Joyal once owned a medical marijuana dispensary in Houghton, Michigan – that was – until shortly before he was arraigned in August 2014 on a 17-page, 12-count federal drug and guns indictment – that could have put him in prison for life.

Instead, Joyal pleaded guilty only to counts 1 and 12 – and was sentenced in May 2015 to four years in federal prison and three years supervised release.

Counts 2 through 11 were dismissed by federal prosecutors as part of a plea agreement that normally includes the removal of a right to appeal. The case involves large forfeiture proceedings plus military body armor and two dozen weapons ranging from assault rifles to shotguns and handguns.

The suit asks that the case against Joyal be thrown out by any legal means.

Joyal’s conviction on Count 1 of the indictment “should be over-turned, set aside or that part of the indictment quashed” or “whatever relief the court deems just,” the suit states.

Noting Joyal has “not trained in the law,” the suit he authored states he “has not had adequate time to dispose of personal property to raise funds to hire an attorney” to address “concerns about procedural time limits.”

The suit was filed by:

Nathan Joyal

Federal Prisoner Number 18185-040

Federal Prison Camp

P.O. Box 1000

Duluth, MN 55814

Attachments (see related links below):

U.S. vs. Steve McIntosh No.15-10117

U.S. vs. Charles C. Lynch Nos. 10-50219, 10-50264

Briefs of members of Congress Dana Rohrabacher (R-CA) and Sam Farr (D-CA), as amici curiae in support of Charles C. Lynch’s Motion For Rehearing En Banc

Willis vs. Jones 2009 (Sixth Circuit)

Nathan Joyal #7 Facebook lots of pipesNathan Joyal #5 FacebookNathan Joyal #4 FacebookNathan Joyal #3 FacebookNathan Joyal #1 FacebookNathan Joyal #2 FacebookJoyal writ of habeas corpus 10Joyal writ of habeas corpus 9Joyal writ of habeas corpus 8Joyal writ of habeas corpus 7Joyal writ of habeas corpus 6Joyal writ of habeas corpus 5Joyal writ of habeas corpus 4Joyal writ of habeas corpus 3Joyal writ of habeas corpus 2Joyal writ of habeas corpus 1Joyal Forefeiture SatisfactionJoyal writ of habeas corpus 11

 

——-

Willis vs. Jones, 329 Fed. Appx. 7, 2009 U.S. App. Lexis 10578; 2009 Fed. App. (6th Circuit)

https://www.gpo.gov/fdsys/pkg/USCOURTS-nynd-9_02-cv-01087/pdf/USCOURTS-nynd-9_02-cv-01087-3.pdf

http://www.opn.ca6.uscourts.gov/opinions.pdf/09a0333n-06.pdf

https://www.gpo.gov/fdsys/pkg/USCOURTS-ca6-07-01766/mods.xml

Briefs of members of Congress Dana Rohrabacher (R-CA) and Sam Farr (D-CA), as amici curiae in support of Charles C. Lynch’s Motion For Rehearing En Banc

http://www.latimes.com/local/politics/la-me-lynch-marijuana-20150513-story.html

Convicted medical pot seller finds congressional allies in legal appeal

L.A. Times story states:
In a strongly worded brief filed with the U.S. 9th Circuit Court of Appeals, U.S. Reps. Dana Rohrabacher (R-Costa Mesa), and Sam Farr (D-Carmel), accused prosecutors of flouting federal law as they go after Lynch and called on the court to end the case against him.

The congressmen entered the fray over Lynch by chance.

The pair were the authors late last year of a small but significant amendment to federal law that was meant to prevent the Department of Justice from interfering with states where medical marijuana is legal.

http://cdn.ca9.uscourts.gov/datastore/general/2015/06/14/10-50219%20Motion%20to%20Stay%20Briefing%20Schedule.pdf

http://www.friendsofccl.com/news/section-538-motions.html

http://www.friendsofccl.com/lynch-files-federal-sec-538-motion.html

http://www.nytimes.com/2015/04/09/us/medical-marijuana-dispensers-trapped-by-conflicting-laws.html?_r=1

http://cdn.ca9.uscourts.gov/datastore/general/2015/05/08/10-50219%20Amicus%20by%20Rohrabacher.pdf

http://cdn.ca9.uscourts.gov/datastore/general/2015/04/28/10-50219%20EB%20motion.pdf

Case from the Ninth U.S. Circuit Court of Appeals

U.S. vs. Steve McIntosh No.15-10117

Federal law bars Department of Justice from spending funds to prosecute individuals acting lawfully under state medical marijuana laws (O’Scannlain, J.)

Petitions for Writ of Mandamus

Argued and Submitted December 7, 2015

San Francisco, California

Filed: August 16, 2016

Before Circuit Judges: Diarmuid F. O’Scannlain; Barry G. Silverman and Carlos T. Bea

Opinion by Judge O’Scannlain

http://cdn.ca9.uscourts.gov/datastore/opinions/2016/08/16/15-10117.pdf

http://www.ca9.uscourts.gov/media/view_video.php?pk_vid=0000008703

https://www.justice.gov/sites/default/files/crt/legacy/2014/01/29/mcintoshdismissal.pdf

https://www.scribd.com/document/321401740/U-S-v-McIntosh-9th-U-S-Circuit-Court-of-Appeals-No-15-10117-Aug-16-2016

http://www.therecorder.com/id=1202765227736/United-States-v-McIntosh?slreturn=20160801131853

U.S. vs. Charles C. Lynch Nos. 10-50219, 10-50264

Brief of Senator Mark Leno (SD-11), Senator Mike Mcguire (SD-02), and Former Senator Darrell Steinberg as amici curiae in support of Charles C. Lynch’s Motion For Rehearing En Banc

http://cdn.ca9.uscourts.gov/datastore/general/2015/05/08/10-50219%20Amicus%20by%20Leno.pdf

http://cdn.ca9.uscourts.gov/datastore/uploads/general/cases_of_interest/10-50219_10-50264_Order.pdf

http://www.iowamedicalmarijuana.org/lynch/

http://www.cacd.uscourts.gov

United States District Court, Central District Of California (Western Division – Los Angeles)
Criminal Docket For Case #: 2:07-Cr-00689-Gw-1

The Parties

Partial Docket (with PDF files)

Toke on Down!

Law suit against county and sheriff

Drew Carey on DEA Raids & Medical Marijuana Use by Minors

Raiding California: Medical Marijuana and Minors

United States Court of Appeals for the Ninth Circuit

Appellate Briefs – United States v. Charles Lynch, Nos. 10-50219 and 10-50264

Lynch’s First Cross-Appeal Brief – July 3, 2012

Professors of Law Amici Curiae Brief – July 9, 2012

Americans for Safe Access Amicus Curie Brief – July 9, 2012

Writ of “Habeas Corpus” is a “motion to vacate, set aside, or correct a sentence” for a person in federal custody

https://en.wikipedia.org/wiki/Habeas_corpus

Cause célèbre

https://en.wikipedia.org/wiki/Cause_c%C3%A9l%C3%A8bre

Previous stories:

https://www.youtube.com/watch?v=6kqMRuZItYQ

http://youtu.be/6kqMRuZItYQ

12 Count Federal Guns and Drugs Indictment: Houghton, MI marijuana dispensary owner: flak jacket, assault rifles, $750,000 forfeiture

12 Count Federal Guns and Drugs Indictment: Houghton, MI marijuana dispensary owner could get life pled not guilty, max is life, flak jacket, assault rifles, $750,000 forfeiture

12 Count Federal Guns and Drugs Indictment could land Michigan marijuana dispensary owner in prison for life: Military flak jacket, assault rifles, and $750,000 plus other property in forfeiture notice

by Greg Peterson/Upper Peninsula Breaking News

(Marquette, Michigan) – The owner of a now-closed medical marijuana dispensary in Houghton, Michigan remains free after being arraigned on a 17-page, 12-count federal drug and guns indictment – that could put him in prison for life – on Tuesday, August 5, 2014 in U.S. District Court in Marquette – in a case that involves a large forfeiture proceeding plus military body armor and two dozen weapons ranging from assault rifles to shotguns and handguns.

Nathan Anthony Joyal pleaded not guilty before U.S. Magistrate Judge Timothy P. Greeley during a brief court appearance at federal court in Marquette and then released on bond.

However, as part of being released on bond – Judge Greeley ordered Joyal to turned over a flak jacket.

A flak jacket is military body armor developed to protect the military from high explosives including exploding grenades, anti-aircraft fire and more – but is not a bulletproof vest, according to several government and civilian internet sites.

Joyal was indicted by a federal grand jury in Marquette on July 22 – as he was originally arrested on state drug charges.

A federal indictment accuses Joyal of running a huge marijuana manufacturing and distribution operation between April 2011 and Dec. 12, 2013 – when his Houghton area home and business were raided.

The indictment specifically lists 50 kilos (110 pounds) of Marijuana and 50 or more marijuana plants.

The charges were read in court, however Joyal waived his right to have the indictment read into the record.

The charges:

One count of possession of a firearm in furtherance of a drug crime that carries a maximum sentence of life in prison and a $250,000 fine.

One count of manufacture of marijuana that carries a maximum of 20 years in jail and a one million dollar ($1,000,000) fine.

One count of possession of marijuana plants with intent to distribute that carries a maximum of 20 years in jail and a one million dollar ($1,000,000) fine

One count of conspiracy to manufacture and distribute marijuana that carries a maximum of 20 years in jail and a one million dollar ($1,000,000) fine.

One count of possession of a short barreled rifle that carries a maximum of 10 years in prison and a $250,000 fine.

Six counts of distribution of marijuana – that each carry a maximum sentence of 5 years in prison and a $250,000 fine.

One count of possession of marijuana with intent to distribute that carries a maximum sentence of 5 years in prison and a $250,000 fine.

The federal government is seeking “a substantial amount of personal property” from Joyal, said Judge Greeley.

Federal forfeiture proceedings includes $750,000 in “money” that equal proceeds “directly or indirectly” from Joyal’s alleged marijuana manufacturing conspiracy, according to the indictment. An additional $1,916 in cash was listed for forfeiture.

The indictment lists additional forfeiture targets including a generic request for tools, equipment, materials, chemicals.

The two federal gun charges involve a rifle less than 16 inches in length and a 40 caliber semi-automatic pistol

Those weapons are among 24 guns the indictment lists as targets of forfeiture including a variety of types of pistols (.9 mm .45 mm), revolvers (357 magnum, .45 caliber), shotguns (.410 and 12 gauge) and rifles (One Windham Weaponry AR15 assault rifle, two 45 mm assault rifles, .308 Winchester). Some of the guns listed had various millimeters that are associated with other assault rifles, but the indictment did not specify.

Related links as fyi:

Flak Jacket/Flak Suit:

Flak suits for combat crewmen were a highly successful and valuable adjunct in decreasing the total number of wounds and the number of lethal wounds in the thoracoabdominal region.

Grow, M., and Lyons, R. C.: Body Armor. Air Surgeons Bull. 2:8-10, January 1945.

http://history.amedd.army.mil/booksdocs/wwii/woundblstcs/chapter11.htm

http://www.globalsecurity.org/military/systems/ground/body-armor2.htm

http://www.flightglobal.com/pdfarchive/view/1944/1944%20-%201123.html

Wikipedia on flak jacket:

A flak jacket or flak vest is a form of body armor designed to provide protection from case fragments (“frag”) from high explosive weaponry, such as anti-aircraft artillery (“flak” a German contraction for Flugzeugabwehrkanone), grenades, some round shot used in shotguns and land mines and other lower-velocity projectiles. It is not designed to protect against bullets fired from small-arms such as rifles or handguns. However, certain flak jackets are able to sustain certain gunshots, dependent on the armor, the gun, and the distance that the bullet has travelled.

The term “flak jacket” is often colloquially applied to newer body armor featuring protection against small arms projectiles, but the original usage predated the existence of functional bulletproof vests and the two are not interchangeable in performance.

https://en.wikipedia.org/wiki/Flak_jacket

Joyal Drug Raid

http://www.mininggazette.com/page/content.detail/id/532372/Feds-raid-marijuana-dispensary.html?nav=5006

Facebook photos of Joyal and his pot pipes

https://www.facebook.com/nathan.joyal.39

http://www.northlandsnewscenter.com/news/local/Medical-Marijuana-Bill-in-Minnesota-Part-2-233826071.html

quotes from story – different name of dispensary:

It’s a Provisional Health Center that provides medicinal marijuana to patients from around the Upper Peninsula.

Nathan Joyal, owner of the Provisional Health Center said, “We provide medication to licensed patients. The staff here are state licensed caregivers, and so they have a license to dispense the medication and to advise the patients like a doctor or a pharmacist would.”

In the couple years the center has been open, Nathan Joyal says he’s seen this plant help people with a number of ailments.

“Appetite control, treating anxiety conditions, PTSD, they have back pain, digestive conditions.” said Joyal.

Around the country 20 states have legalized medical marijuana and in the next legislative session, Minnesota will be discussing whether to become the 21st. But even in Houghton, where the law has been in effect for more than three years there has been some turmoil between federal and state laws.

“There was a lot of confusion when the law first came out.” Joyal states.

At the federal level marijuana is considered a schedule–one drug, which means potential incarceration for possession. But with Michigan’s new law you can legally possess and consume marijuana if you have a doctor’s prescription.

Lieutenant Nicholas Roberts of the Houghton Police Department said, “Each patient can have 2.5 ounces or up to 12 plants, some people forget or intentionally forget how many they can have and that can get them in trouble.”

U.P. Breaking News Exclusive: Federal judge declares U.P. infested with drugs like cancer; First guilty pleas in massive heroin/crack pipeline from Detroit to U.P.

Drugs in Detroit are being spread like a cancer here in the U.P.,” said U.S. District Court Judge R. Allan Edgar, who was presiding over his final sentencings before retirement. “There is really no excuse for it.”

youtube:

By Greg Peterson
News Director, Owner

Upper Peninsula Breaking News

**See the federal court documents including emotional letters to the judge from friends/relatives of one of the three who were sent to prison Stephanie Rae Hatch

(Marquette, MI) – A large heroin and crack cocaine pipeline from Detroit to the Upper Peninsula is being dismantled by federal prosecutors who oversaw the sentencing of three co-conspirators last week (June 22, 2016) and there are huge hints that more criminal charges and indictments are expected against others in the drug trafficking organization that can be violent.

The Honorable R. Allan Edgar by David Laprad, Hamilton County HeraldDrugs in Detroit are being spread like a cancer here in the U.P.,” said U.S. District Court Judge R. Allan Edgar, who was presiding over his final sentencings before retirement. “There is really no excuse for it.

“Today we are dealing with the Houghton branch of the conspiracy,” the judge said, noting that the kingpin of the conspiracy was also bringing “heroin and crack cocaine to Escanaba.”

Federal prosecutor Paul Lochner said the cases are important to the U.P. because the cycles brought by highly addictive drugs have left a “wrath of social problems” on Yooper and national doorsteps – like meth, heroin and cocaine.

2016 Mqt Fed Crt Sentencings Judge last day 6-22-16 by Greg Peterson cropEven though the nickname of a Detroit drug baron and his wife were brought up several times during the sentencings, one federal official pleaded with U.P. Breaking News not to use the name because “lives are at stake” and suggested a temporary pseudonym be used in news coverage.

The kingpin is “good about hiding facts of the conspiracy” from each employee, federal officials said.

For the purposes of this story only and to protect lives, U.P. Breaking News will use the pseudonyms “Mr. Drug Kingpin” and “Mrs. Drug Kingpin.”

Drugs in Detroit are being spread like a cancer here in the U.P.,” said U.S. District Court Judge R. Allan Edgar, who was presiding over his final sentencings before retirement. “There is really no excuse for it.

Federal Judge R. Allen Edgar handed out these sentences:

  • Damon Ramone Belcher, a.k.a. defendant “D” received 46 months or three years and 10 months in federal prison

  • Corrie Venta Ruth, a.k.a. defendant “C” was sentenced to 41 months or three years and five months in federal prison

  • Stephanie Rae Hatch sentenced to 33 months or two years and nine months in federal prison

All were interviewed and officially arrested by Upper Peninsula Substance Enforcement Team (UPSET) agent Ron Koski in Houghton, MI

The three sentencing were each handled separately. But had several uncommon ties – sidebars.

In a rare event during sentencing, an official sidebar with the judge was requested by prosecutors and defense attorneys with their clients at their side. Sidebars are common during trials and sometimes pretrial hearings but rarely during sentencing.

Just to make sure no-one could hear what was being said, federal court officials turned on a white noise machine.

At issue is a major federal investigation into the Detroit to the U.P. of a heroin and crack cocaine pipeline – and high level trafficking of drugs in others areas.

Cooperating witnesses lives may be in jeopardy.

Asst. U.S. Attorney Hannah Bobee, Lochner (7)

Federal Prosecutors in Marquette, MI: Asst. U.S. Attorney Hannah Bobee, left, and Asst. U.S. Attorney Paul Lochner, right.

Federal Prosecutor Paul Lochner painted Ruth as one of “multiple bagmen” in the organization and all said all three were in the game because of greed – “trying to make money.”

Lochner said he hopes the prison sentences will be a “deterrent” and send the message to would-be drug couriers that “easy money is not the answer.”

“It’s a dumb decision,” Lochner said. “The answer isn’t selling narcotics.”

Damon Ramone Belcher and Corrie Venta Ruth were indicted on two counts each of felony “distribution of heroin.”

On Nov. 18, 2015 in Houghton and Lake Linden, Belcher and Ruth “knowingly and intentionally distributed heroin, and aided and abetted the distribution of heroin,” the indictments state.

The defendants and their lawyer ask for leniency:

During each sentencing, Assistant U.S. Public Defender Elizabeth A. LaCosse tried to paint her clients in the best possible light and pleaded for leniency because their respective roles were minor compared to others being investigated in the coke-heroin pipeline.

Beth LaCosse, Federal, U.S. Public Defender Marquette, MI (1)LaCosse argue that in federal sentencing guidelines there have long been “powder and crack cocaine disparities” in sentencing – that the judge noted was important because crack is much more addictive and powerful – the cooked base of powdered cocaine.

LaCosse reminded the judge about recently changed sentencing guidelines set by the United States Sentencing Commission and that the judge has the discretion to give a prison term appropriate for each person’s involvement in the conspiracy that take into consideration the actual drug weights of involving each defendant.

The judge said he sentenced all three on the “low end” of the federal sentencing guidelines because of their cooperation and relatively minor roles in the conspiracy.

Beth LaCosse, Federal, U.S. Public Defender Marquette, MI (5)However, Public Defender LaCosse asked the judge to consider an even lower departure because future sentencing commission edicts are expected to give judges even more desecration, but the retiring judge appeared uninterested in reading the tea leaves.

Saying I am a lowly judge, the Judge Edgar said he was going to “administer the guidelines as given” and issues raised by LaCosse are “questions for the sentencing commission to decide.”

After the heart-wrenching information offered by the defense, Assistant U.S. Attorney Paul D. Lochner reminded the judge that the cases are the latest example of the misery brought by drug traffickers in the U.P. – where an untold number of Yoopers are addicted.

Belcher special 1

Damon Ramone Belcher received 46 months or three years and 10 months in federal prison. Video still by Greg Peterson

Damon Ramone Belcher:

With the holidays approaching, Belcher needed “Christmas money” and made a dumb decision.

“He was unemployed” and desperate so Belcher “went back into crime,” said LaCosse, the court-appointed federal defense attorney.

LaCosse argued Belcher’s case is a “unique situation” because he was involved for only “14 days.”

Belcher “was hired (in Detroit) to sit on the bag” of cocaine and heroin as it was transported to the Houghton area by unnamed female conspirators, LaCosse said. Belcher “had no proprietary interest in the conspiracy.”

Belcher special 2

Damon Ramone Belcher received 46 months or three years and 10 months in federal prison. Video still by Greg Peterson

The judge described Belcher as an “enforcer” with a “limited function.” LaCosse described Belcher as “hired help” at the “bottom rung” of the drug pipeline.

“This is a bigger conspiracy” that could involve “all of the U.P.,” LaCosse said. Belcher is not “aware of subsections of the conspiracy.”

LaCosse argued that it wasn’t Belcher “did not transport drugs into the U.P.” However Judge Edgar said Belcher knew about the drugs in the vehicle and his job was to “accompany a female who was carrying drugs” often stashed in private places on their bodies.

“Two weeks and a $10,000 wire transfer” was the entirety of Belcher’s involvement, LaCosse said.

“He is not friends with all these people” involved in the heroin and cocaine conspiracy,” LaCosse said.

LaCosse said Belcher’s family depends on him and that he has taken “ownership (of his crime) and has learned responsibility.”

Belcher has a “mass on his colon” and may “require surgery in the near future,” LaCosse said.

Speaking to the judge before his sentence, Belcher said “I accept full responsibility – I did participate in the conspiracy.”

“I made a bad decision,” Belcher said. “I hope the Court shows some leniency.”

“I accept that what I did was wrong,” Belcher said.

Asst. U.S. Attorney Lochner (7)croppedProsecutor Lochner said Belcher was “only being held responsible for the drugs he was involved with” and the bottom line is Belcher was “hired to come to the U.P. to sell cocaine Houghton.”

“A job he was doing well,” Lochner said. Heroin, cocaine, meth, painkillers (opioids), and other drugs that are being driven into the U.P. are “very addictive and very damaging” to the addict and the community.

Lochner said Belcher may claim he was after Christmas money but was the muscle in a smuggling ring – even if for a brief period..

Locking up people like Belcher and the others in the conspiracy serves “as a deterrent,” Lockner said.

Mr. Belcher should “consider people in Houghton who were fed coke (cocaine) by people like yourself.”

Oxy graphic

Woman smokes marijuana pipe http://www.psypost.org Photo credit: Jonathan Piccolo (Creative Commons)

“There has been a big spike in heroin use” in the U.P., Lochner said. From “oxycodone to heroin” the illicit drugs have been “devastating to the (U.P.) community.”

Lockner said Belcher’s “job was to make sure drugs went out and (bring) money back in.”

“They did accompany females from Detroit,” the judge said. The muscle escorting the women and drugs – like Belcher and Ruth – “were entrusted by suppliers downstate to protect the drugs,” Judge Edgar said.

The judge was not happy with Belcher’s criminal record that included “an armed robbery conviction.” Mr. Belcher got “back into criminal activity again – you were up here to make a buck,” the judge said.

As Belcher was being led away by U.S. Marshals, the judge offered a kind word.

“Good luck on your surgery,” Judge Edgar said.

Corrie Venta Ruth:

Ruth “was an idiot for trying to make quick money,” LaCosse said, adding Ruth is a “very nice person – not a street thug.”

2016 Mqt Fed Crt Sentencing Corrie Venta Ruth  6-22-16 by Greg Peterson (1)However, LaCosse said Ruth grew up in a life surrounded by criminal “recidivism.” She asked Ruth be given credit for time served as he spent two months in the Houghton County Jail before “the (federal) government took over the case.”

Ruth told the judge he apologizes for bringing and “selling drugs” in the U.P.

“I want to apologize to the court,” said Ruth, in asking the judge to show “leniency.” “I apologize to the (U.P.) community.”

“I took the stupid easy route – this is not what I planned to do with myself,” Ruth said.

LaCosse said Ruth “didn’t know where he was going” when ordered by the Drug Kingpins but “did know it involved drug sales.” Ruth was the muscle hired to protect the shipment while the driving was handled by Damon Ramone Belcher, prosecutors said.

Ruth “had no idea about (the) Escanaba” arm of the drug ring, LaCosse said.

Stephanie Rae Hatch

Hatch allowed those involved in the conspiracy to “use her residence as a place to stay and to sell heroin and cocaine base” commonly known as crack cocaine, the indictments state.

Defense Attorney Theodore Joseph Greeley from lawfirm website

Defense Attorney Theodore J. Greeley

“She was not an organizer or a leader” in the conspiracy said defense attorney Theodore Joseph Greeley, of the prominent U.P. law firm Casselman & Henderson P.C. Of Marquette.

 

Hatch was “not a decision maker” and only knew about the Houghton part of the drug ring – not the Escanaba tentacle, said defense attorney Greeley, the son of U.S. Magistrate Judge Timothy P. Greeley.

Hatch has suffered from substance abuse since childhood – or three quarters of her life – including smoking pot at age 9, drinking alcohol at age 11 and started using cocaine at age 15 – addition to other drugs, defense attorney Greeley said.

She first “had trouble with the law” at age 9, said Greeley.

Greeley argued that judge because crack cocaine is highly addictive – it is not always “cheaper.”

Hatch, Ruth special 2

Corrie Venta Ruth, left, was sentenced to 41 months or three years and five months in federal prison. Stephanie Rae Hatch, right, was sentenced to 33 months or two years and nine months in federal prison. Video still by Greg Peterson

Hatch wire transferred money from Houghton drug sales to Detroit area drug suppliers and their associates, the indictments state.

An admitted drug addict, Hatch allowed her home to be “back up house” for the conspiracy to stash and sell crack cocaine and heroin, Greeley told the judge, admitting his client sent wire transfers to the Detroit kingpins from a U.P. Walmart.

The conspiracy facilitates Houghton “drug addicts” who sometimes become dealers “trying to make money” and feed their addictions, prosecutor Lochner said in general but specifically referring to Hatch’s involvement in the conspiracy.

Lockner said once addicts can not afford their drugs “its spirals” and they sometimes sell drugs.

“Next is the sales of drugs,” Lochner said, adding “it supplies their habit – locals help out” the conspiracy.

“It is a public hazard to have her out there” in the community, said Judge Edgar.

Edgar described Hatch as a “local courier” and who “wired drug money to Detroit or someplace.”

2016 Mqt Fed Crt Sentencing Stephanie Rae Hatch  6-22-16 by Greg Peterson (26)“Her home was a staging point for sales,” Judge Edgar said. “She played a pivotal role making sure the money got down” to Mr and Mrs. Drug Kingpin.

Hatch “understood” that she and her home were “essential to the success of the operation in Houghton,” Judge Edgar said,

Unlike her co-defendants, Hatch did not make a statement to the judge prior to sentencing. Hatch’s parents and teenage daughter drove up from Grand Rapids to attend the hearing and show support for their family member.

Graphic Plea Agreements

The Plea Agreements:

Under the agreements, the trio agreed to “fully cooperate” in drug investigations including with the federal Drug Enforcement Administration (DEA) and the Upper Peninsula Substance Enforcement Team (UPSET).

Plea agreements stackedUnder an agreement with federal prosecutors, Hatch, Belcher pleaded guilty to count one – felony conspiracy to distribute and possess with intent to distribute heroin and cocaine base.

The charges carried a maximum penalty of 20 years in federal prison that has no parole but the smaller time drug runners received much lower sentences under a plea agreement with federal prosecutors.

The judge waived fines due to defendant’s “inability to pay.”

As part of the plea agreement with the trio, the judge dismissed felony counts two and three – possession with intent to distribute heroin and possession with intent to distribute cocaine base. He also dismissed felony counts four and five against Belcher and Ruth.

Evidence obtained by prosecutors included cocaine base (crack cocaine), heroin, records of wire transfers, two undercover drug buys, prerecorded buy money, cell phone data, Walmart surveillance video, drug packaging, photographs, video of interview with Hatch.

During Ruth’s sentencing, the judge asked about the role of Mrs. Drug Kingpin (and other unnamed females) in the drug network – noting Mr. Drug Kingpin “used” his wife “to protect drugs.”

The federal prosecutor picked his words carefully in describing the hiding of drugs by female couriers.

“Their role is salient,” said Assistant U.S. Attorney Paul Lochner of Marquette. “It’s unique to females – let’s leave it at that.”

The defendants “conspired, confederated, and agreed with each other, and others, known and unknown to the Grand Jury, to distribute and possess with intent to distribute heroin” according to a five-page federal grand jury indictment of the three drug runners.

The judge waived fines due to inability to pay and all were sentenced to three years supervised release after prison, a $100 special assessment and must find jobs upon release from prison perform 20-hours weekly community service.

2016 Mqt Fed Crt Sentencing Stephanie Rae Hatch  6-22-16 by Greg Peterson (26)The trio were ordered to submit to DNA testing and cannot possess firearms, drugs or alcohol, testing and treatment for substance abuse and compete the cognitive behavioral treatment program.

The three were ordered to participate in a Michigan Bureau of Prisons 500-hour residential substance abuse program.

All three were given three years supervised released – a federal form of probation. Despite entering into plea agreements, the judge reminded the trio about their legal avenues for appealing his sentence. The three must complete a “cognitive treatment program.”

They can no longer posses guns, no drugs, no alcohol, undergoing regular drug and alcohol testing, and they can not visit establishments (bars) that serve alcohol, plus attend drug abuse treatment if determined appropriate by the U.S. Probation office. After release, they must serve 20 hours of weekly community service until they find a job.

——-

Related links and info:

——-

U.S. Attorney for the Western District Michigan logo

U.S. Attorney Patrick Miles West MI

United States Attorney Patrick A. Miles, Jr.

https://www.justice.gov/usao-wdmi

U.S. District Court Western District of Michigan

PO Box 698

Marquette, MI

49885

 

906-226-2084 (Mqt office/case manager)

www.miwd.uscourts.gov

www.judicialwatch.org/document-archive/allan-r-edgar-financial-disclosure-report-for-2003

——-

U.S. Magistrate Judge Timothy P. Greeley

U.S. Magistrate Judge Timothy P. Greeley

www.nmu.edu/criminaljustice/node/75

http://abc10up.com/greeley-reappointed-u-s-magistrate-judge

www.nmu.edu/criminaljustice/node/135

www.miwd.uscourts.gov/content/magistrate-judge-timothy-p-greeley

www.historyforsale.com/html/prodetails.asp?documentid=175357&start=1&page=92

——-

Court appointed defense attorneys for Stephanie Rae Hatch:

Casselman & Henderson P.C.
148 W Washington St.
Marquette, MI 49855

Theodore Joseph Greeley

Sarah Emily Henderson

(906) 228-2855

(906) 228-2863 (fax)

tgreeley@casselmanandhenderson.com

shenderson@casselmanandhenderson.com

——-

Court appointed defense attorney for Damon Ramone Belcher

Assistant U.S. Public Defender Elizabeth A. LaCosse

Beth LaCosse, Federal, U.S. Public Defender Marquette, MI (1)Elizabeth A. LaCosse
Federal Public Defender – Marquette
925 W Washington, Ste. 104
Marquette, MI 49855

(906) 226-3050
(906) 273-0070 (fax)

beth_lacosse@fd.org

——-

Marquette Federal Prosecutors

U.S. Attorney’s Office

Citizens Bank Building, 2nd Fl.

1930 US 41 W

Marquette, MI 49855

Asst. U.S. Attorney Lochner (7)cropped

Assistant U.S. Attorney Paul Lochner

(906) 226-2500

Email:

paul.lochner@usdoj.gov

Asst. U.S. Attorney Maarten Vermaat

(906) 226-2500

Maarten.Vermaat@usdoj.gov

www.justice.gov/usao/miw/news/2012/2012_0525_VProtasoff.html

www.foxnews.com/entertainment/2010/07/12/attorney-actor-john-stamos-fling-year-old-student/

Asst. U.S. Attorney Hannah Bobee, Lochner (9)

Asst. U.S. Attorney Hannah Bobee

(906) 226-2500

Hannah.Bobee@usdoj.gov

She is native American and and an enrolled member of the Sault Ste. Marie Tribe of Chippewa Indians

www.rosettelaw.com/attorney-bio-bobee.html

www.justice.gov/dea/divisions/det/2013/det061913.shtml

www.leadershipdirectories.com/profiles/Hannah-Bobee-Assistant-US-Attorney-Marquette-%28MI%29-Office-.htm

——-

The Honorable R. Allan Edgar by David Laprad, Hamilton County HeraldFederal Judge R. Allan Edgar

U.S. District Court Judge R. Allan Edgar

U.S. District Court Western District of Michigan

P.O. Box 698
Marquette MI 49855

Office Phone: (906) 226-2084
Case Manager: (906) 226-2084

www.miwd.uscourts.gov/content/judge-r-allan-edgar

Judge R. Allan Edgar

A Marquette native, Edgar spent most of his career in Tennessee, first an attorney and then elected to the Tennessee House of Representatives. President Ronald Reagan appointed Edgar as a U.S. District judge in 1985.

His parents me at the Civilian Conservation Corps camp in Big Bay, MI.

Until age 13, Edgar lived as a child on West Magnetic Street in Marquette, MI

The family moved in 1953 when his his father got job in Tennessee.

The future Judge Edgar still spent summers in the U.P. with his grandparents and worked a summer job out at the exclusive Huron Mountain Club in Big Bay, MI.

Photo of Judge R. Allan Edgar by David Laprad, Hamilton County Herald

www.hamiltoncountyherald.com/Story.aspx?id=1210&date=4%2F16%2F2010

www.miningjournal.net/page/content.detail/id/564345/Home-again–Judge-has-U-P–roots.html?nav=5006

https://en.wikipedia.org/wiki/Robert_Allan_Edgar

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Court Reporter Sandy Larson

Case Manager C.A. Moore

U.S. Probation Officer Matthew Luce

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Heroin Is the Most Dangerous Way to Increase Your Creativity

www.vice.com  Photo via WikiMedia Commons.

https://upload.wikimedia.org/wikipedia/commons/5/5b/Heroin_asian.jpg

 

Woman-smoking-marijuana-pipe-by-Jonathan-Piccolo-Creative-Commons.jpg

www.psypost.org Photo credit: Jonathan Piccolo (Creative Commons)

 

Gorgeous Vintage Advertisements for Heroin, Cannabis and Cocaine …

www.pinterest.com

 

Bottles Heroin, Old Medicine Bottles, Drug Ads, Gorgeous Vintage, Vintage Ads, Vintage Advertisements, Drug Poster

https://www.pinterest.com/pin/97742254388543272

 

Take Two | The rise of Oxycontin addiction and abuse

www.scpr.org

OxyContin causes more overdoses than heroin and cocaine combined, according to a report by the Centers for Drug Control. Vitualis/Flickr/Creative Commons

Vancouver Drug Reform Group: Why Decriminalizing Hard and Soft Would Reduce Use In Canada

www.isciencetimes.com

Vancouver issued a report today urging the government to decriminalize all drugs–including hard drugs like heroin and crack. (Photo: Creative Commons)

Photo by wikipedia username Argv0 on Nov. 3, 2015 of two grams of cocaine

Argv0 talk contribs

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Upper Peninsula Breaking News

Greg Peterson

News Director, Owner

Upper Peninsula Breaking News

UpperPeninsulaBreakingNews@gmail.com

906-204-2249 (hm)

906-204-0848 (cell)

www.UPBreakingNews.com

https://twitter.com/UPBreakingNews

https://www.facebook.com/UpperPeninsulaBreakingNews

https://www.youtube.com/UPBreakingNews

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U.P. Breaking News Exclusive: More scandal for Michigan’s blueberry industry as federal class action suit accuses bosses of not paying migrant workers and poor living conditions

Blueberries Covington area 8-5-10 (59)
By
Greg Peterson

News Director, Owner

Upper Peninsula Breaking News

 

***Update the group that filed the class action lawsuit on behalf of 100 migrant workers in Michigan’s blueberry fields – Migrant Legal Aid – just issued a press release on the federal court civil suit. To read the releae scroll down or click on this link

(Grand Rapids, MI) – More dirty laundry for Michigan’s blueberry industry as migrant workers are demanding to be treated fairly in pay and say living conditions are poor – a year after the industry was involved in a trade secrets war.

For the second time in two years Michigan’s famed blueberry industry is being challenged in federal court and this time the charges involve a class action suit seeking fair wages filed on behalf of “low-income migrant and seasonal farmworkers” who help pick the state’s blueberry crop.

While some Michigan blueberry migrant workers make pitiful wages and live in squalor, the state is in a battle with Georgia to be America’s largest producer of blueberries. The 2014-2015 report says the state of Georgia now leads the nation in blueberry production, surpassing long-time berry boss Michigan.

The Peach State produced 96 million pounds of blueberries in 2014 compared to Michigan’s 91.5 million pounds, according to the 2014-2015 report by the North American Blueberry Council.

Blueberries Covington area 8-5-10 (58)The federal civil suit filed on June 3rd “is a collective action under the Fair Labor Standards Act” and a “class action under the Michigan Minimum Wage Law, and the Migrant and Seasonal Agricultural Worker Protection Act.”

Plaintiffs Ricardo Martinez and Yolanda Garrido filed the suit against their former boss defendants Blue Star Farms, Inc. and owner Anthony Harry Marr.

In the class action suit, low-income migrant and seasonal blueberry pickers filed many accusations against Defendants Blue Star Farms and owner Anthony Marr.

The federal civil charges include not paying promised rates for the hand-harvest of blueberries and “paid them less than the statutory minimum wage, the suit states

Other allegations include that Blue Star Farms housed workers “in substandard conditions” and “violated field sanitation regulations related to toilet and hand washing facilities,” and “committed other violations of the legal rights afforded to migrant and seasonal farmworkers.”

Legal action is now over in another case that puts Michigan’s blueberry industry under a microscope with a judge’s “stipulated order of dismissal with prejudice” and a “stipulated permanent injunction order” that ends the case.

The class action suit was filed by Migrant Legal Aid attorneys Teresa Hendricks, Mariza Gamez-Garcia, and Benjamin O’Hearn of Grand Rapids, MI.

An unrelated federal civil suit was filed in 2014 by Michigan Blueberry Growers Association against True Blue Farms, LLC, numerous subsidiaries and owner Brenda Reeves

“This action is dismissed with prejudice with all parties to bear their own costs and attorneys’ fees,” wrote United States District Court Judge Janet T. Neff. “This court retains jurisdiction over any and all subsequent actions or claims to enforce the terms of the Stipulated Permanent Injunction Order … entry of this order closes the case.”

“Defendant Brenda A. Reeves will not disclose or use Plaintiff’s confidential and trade secret information,” the Judge Neff wrote.

Reeves always denied having confidential records from her former employer Blue Star Farm, but agreed that if she sees the industry secrets then “immediately destroy such information.

Judge Neff wrote that experts conducted a “reasonable search”of Reeves’ belongings including “documents, property, online e-mail, storage accounts and her laptop computer.”

Reeves “does not possess any of Plaintiff’s confidential and trade-secret information, whether in electronic or other form,” Judge Neff wrote.

Some Michigan blueberry pickers make as low as $1.50 per hour, according to an October 2013 news story.

Migrant Legal Aid press release #1Migrant Legal Aid press release #2

Migrant Legal Aid banner

Migrant Legal Aid
http://migrantlegalaid.com/

(616) 454-5055

Teresa Hendricks (P46500)

thendricks@migrantlegalaid.com

Mariza Gamez-Garcia (P64271)

mgamezgarcia@migrantlegalaid.com

Benjamin O’Hearn (P79252)

bohearn@migrantlegalaid.com

Migrant Legal Aid

1104 Fuller Ave., NE

Grand Rapids, MI 49503


Report on Migrant Housing, Working Conditions – Fruit Growers News

http://ir.uiowa.edu/cgi/viewcontent.cgi?article=1013&context=books

http://michiganradio.org/post/making-150-hour-pick-blueberries#stream/0

http://michiganradio.org/term/migrant-workers

http://thinkprogress.org/immigration/2015/06/23/3672830/blueberry-farm-wa-state-worker-wages

http://fruitgrowersnews.com/article/report-on-migrant-housing-working-conditions-sparks-controversy

https://www.hrw.org/report/2010/05/05/fields-peril/child-labor-us-agriculture

http://www.motherjones.com/politics/2004/11/migrants-no-more

http://www.pressherald.com/2014/07/07/lawsuit-alleges-labor-violations-during-maine-blueberry-harvest/

http://www.hazards.org/vulnerableworkers/

http://www.thenation.com/article/you-can-thank-undocumented-immigrant-workers-for-keeping-you-informed-every-day/

http://www.gq.com/story/illegal-immigration-issue-blueberry-fruit-farmers-gq-october-2011

http://modernfarmer.com/2013/11/farmworker-confessional/

http://thinkprogress.org/immigration/2015/06/23/3672830/blueberry-farm-wa-state-worker-wages/

http://www.hrw.org

http://www.growingproduce.com/fruits/berries/u-s-highbush-blueberry-council-seeks-nominees/

Georgia leads the nation in blueberry production, surpassing long-time berry boss Michigan.

The Peach State produced 96 million pounds of blueberries this year, according to the North American Blueberry Council. Michigan grew 91.5 million pounds.

Michigan vs Georgia in bragging rights on being Blueberry Production leader

http://www.ajc.com/news/business/were-no-1-in-blueberries/nhn5Q/

https://en.wikipedia.org/wiki/Blueberry

http://edis.ifas.ufl.edu/fe952

The North American Blueberry Council

http://www.nabcblues.org

http://www.nabcblues.org/?page_id=995

http://www.blueberry.org/ushbc/organization/Annual%20Reports/2014-2015%20USHBC%20Annual%20Report.pdf

U.S. Highbush Blueberry Council

U.S. Highbush Blueberry Council
Administrative Office
1847 Iron Point Road, Suite 100
Folsom, CA 95630


(916) 983-0111
(916) 983-9022 (fax)
mail@ushbc.org

USHBC Staff

Executive Director Mark Villata

Assistant Manager Julie Fogarty

Compliance Coordinator Rick Ruckman

Office Manager Mary Nezbeth

U.S. Highbush Blueberry Council

http://blueberry.org

http://blueberry.org/contactus.htm

Attorneys for Plaintiffs

Marni Willenson (admission pending/ Illinois Bar No. 6238365)

Willenson Law, LLC

542 S. Dearborn St., Suite 610

Chicago, IL 60605

(312) 546-4910

marni@willensonlaw.com

http://ir.uiowa.edu/cgi/viewcontent.cgi?article=1013&context=books

http://michiganradio.org/post/making-150-hour-pick-blueberries#stream/0

http://michiganradio.org/term/migrant-workers

http://thinkprogress.org/immigration/2015/06/23/3672830/blueberry-farm-wa-state-worker-wages

Blue Star Farms logoBlue Star Farms, Inc.

Anthony Harry Marr

http://www.bluestarblueberries.com/

Blue Star Farms, Inc.

2647 68th St

Fennville, MI 49408

Map

Phone

(269) 857-4278 (office)

(269) 857-4018 (fax)

Bluebeerry Growers graphics

Brenda Reeves, MI Blueberries

Blueberries Covington area 8-5-10 (10)

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