Tag Archive for: #easterndistrictofnc

U.S. Department of Justice

U.S. Attorney: Man Gets 25 Years For Role In Trafficking Meth

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-information courtesy of the office of the U.S. Attorney for the Eastern District

The U.S. Attorney’s office announced that Olegario Pineda-Palacios, 35, has been sentenced to 25 years in prison for importing multi-kilograms of methamphetamine into North Carolina.

According to a press release from the office of U.S. Attorney for the Eastern District Michael F. Easley, Jr., Pineda-Palacios pled guilty in March 2024 to conspiracy to possess with intent to distribute 500 grams or more of a substance containing methamphetamine, possession with the intent to distribute 500 grams or more of a substance containing methamphetamine, and possession of a firearm by a convicted felon.

According to court documents and other information presented in court, Pineda-Palacios was coordinating with individuals in Mexico to receive shipments of methamphetamine in Franklin County. After locating a shipment containing approximately four kilograms of methamphetamine, in September 2022, Homeland Security Investigations, the Franklin County Sheriff’s Office and the State Bureau of Investigation executed a search warrant at the residence of Pineda-Palacios. On the property behind the residence, law enforcement found a conversion methamphetamine lab – where powdered methamphetamine was converted to crystal methamphetamine, or “Ice,” as it is known.

Law enforcement also recovered a 9mm firearm and additional methamphetamine from the residence.

Pineda-Palacios has prior felony convictions for conspiracy to traffic cocaine, conspiracy to traffic methamphetamine, operating a vehicle containing a secret compartment, possession of methamphetamine with the intent to distribute and illegal reentry of a previously deported alien. Pineda-Palacios is in the country illegally and faces deportation after serving his sentence.

TownTalk: Henderson Police Work With Federal Task Forces To Get Results

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It’s always a good day when a police chief receives positive comments about his officers’ professionalism and thorough investigations. And Henderson Police Chief Marcus Barrow is hearing those kinds of comments from federal district attorneys, including the head of the U.S. Eastern District Court of North Carolina.

Barrow said he got a call two Fridays ago from U.S. Attorney Michael Easley Jr. himself in connection with a federal case.

“I was honored that he called me,” Barrow said on Monday’s TownTalk. “He spoke to me and praised the work that we’ve been able to do.” Easley complimented the local department on their professionalism and the way they put cases together, Barrow said.

In a recent press release regarding the sentencing of a local man in federal court, Easley commented: “The Henderson Police Department has made major investments in the federal partnership and the people of Henderson are safer for it. This city is bringing every law enforcement tool to fight the opioid crisis, and we are proud to partner with state and local police and prosecutors to fight fentanyl trafficking and save lives.”

“We’re well established in the federal system,” Barrow said, for the way “we produce great cases,” from creating reports to collecting and processing evidence.

Click Play for Barrow on WIZS TownTalk

Some members of the local police department serve on different federal task forces of the Drug Enforcement Agency, Alcohol, Tobacco and Firearms and the Federal Bureau of Investigation, Barrow said, which provides a path for some cases to be tried in federal court.

“We truly did a big investment into the federal program,” Barrow explained. With input from local district attorneys to decide which cases – usually involving guns and drugs – should go to federal court, Barrow said the trials and sentencing can happen in a “pretty swift” manner.

The main thing, he said, is that “they are removed from our community – they are the worst of the worst.”

Barrow said his department also can assist other agencies.

“It’s a big collaborative effort on our part. We’re just trying to get everybody on board…We’re just looking at the best solution for our community,” he said.

The officers who participate on the various task forces are just part of the resources that Barrow said he needs to help keep Henderson and its residents safe.

He would like to purchase something called True Narc, a system that can safely field test narcotics and protect officers from exposure to harmful drugs like Fentanyl.

He said this system will produce an immediate test result when officers are out in the field. And he’s investigating ways of paying for it.

“Instead of using taxpayers’ money, I’d rather use drug dealers’ money,” he said.

The Eastern District includes Vance, Granville, Franklin and Warren counties among the 44 easternmost counties of North Carolina. The office is responsible for prosecuting federal crimes in the district, including crimes related to terrorism, public corruption, child exploitation, firearms and narcotics.  The office also defends the United States in civil cases and collects debts owed to the United States.

U.S. Department of Justice

Henderson Man Gets 15+ Years For Trafficking Fentanyl, Heroin, Oxycodone

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A Henderson man was sentenced in New Bern Friday to 188 months in prison for trafficking fentanyl and heroin. On May 4, 2023, Tyren Omarious Hargrove, 23, pled guilty to possession with the intent to distribute a mixture and substance containing a detectable amount of heroin and fentanyl.

According to court documents and other information presented in court, after receiving information that Hargrove was involved in drug trafficking, law enforcement oversaw multiple controlled purchases of suspected heroin from Hargrove. In June 2022, agents also executed a search warrant at Hargrove’s residence in Henderson where they recovered more than 4,000 dosage units of heroin and fentanyl, oxycodone, and nearly $55,000.

“The outcome of today’s sentencing is the result of a collaborative effort of local, state, and federal resources,” said Henderson Police Chief Marcus Barrow. “Our partnerships are focused on the betterment of our community. I’m hopeful that our community feels the impact of today’s announcement and many others that will be forthcoming.”

Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Louise W. Flanagan. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Henderson Police Department, and the Drug Enforcement Administration investigated the case and Assistant U.S. Attorney Casey L. Peaden prosecuted the case.

 

Oxford Man Sentenced to 10-Year Statutory Maximum After Shooting Two People and Leaving One for Dead

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— press release —

William Brian Coghill was sentenced this past Friday to 10 years in prison followed by 3 years of supervised release for possession of a firearm by a felon after shooting two acquaintances and leaving one for dead at his home in Oxford, North Carolina. This is the statutory maximum sentence available for this offense. Coghill also pleaded guilty to two counts of first-degree attempted murder in state court and was sentenced to 15 to 19 years.

According to court documents and other information presented in court, on August 14, 2021, Granville County Sheriff’s Office (GCSO) responded to a 911 call regarding a gunshot victim located at Fredrick Road, Oxford, North Carolina. Upon GCSO’s arrival, the first victim, who had a gunshot wound to his right arm, advised that he had been at the residence next door when he was shot. He was then transported via EMS to a local hospital. As deputies tried to find a blood trail to ascertain the first victim’s direction of travel, they heard a male voice groaning from the front porch area of Coghill’s home that he shared with his mother. A second male victim was located on the porch, doubled over, writhing in pain. Victim two had two gunshot wounds to his lower right side/back area and the front lower left abdomen area. The second victim was transported via Life-Flight to a local hospital.

Minutes after knocking at the doors and windows of the residence, Deputies were permitted inside by Coghill’s mother, and he was found hiding in the attic of the home with a shotgun. Deputies discovered two spent 9mm shell casings on the porch of the residence. Coghill’s mother later told deputies she witnessed her son take the shotgun in one hand, and a black pistol in his other hand, to the porch where the two victims were sitting and began pointing both the shotgun and the pistol at the victims. She stated that both victims begged Coghill not to shoot them. Coghill’s mother stated she was able to take the shotgun away from her son and took the shotgun to her bedroom. She returned to the porch and watched as her son pulled the trigger of the pistol, shooting the first victim, then turned the pistol toward the second victim, and fire again, striking him. Coghill then went into the house, turned out the lights, and forbid his mother from calling for help. The second victim spent several weeks in the hospital and was close to death at one point. He also underwent several surgeries.

Chief U.S. District Judge Richard E. Myers II presided over the sentencing. Granville County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case and Assistant U.S. Attorney Jennifer May-Parker prosecuted the case.

Acting U.S. Attorney G. Norman Acker, III Recognizes Police Week 2021

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In honor of National Police Week, Acting U.S. Attorney for the Eastern District of North Carolina G. Norman Acker, III recognizes the service and sacrifice of federal, state, local, and Tribal law enforcement. This year, the week is observed Sunday, May 9 through Saturday, May 15, 2021.

“This week is a time to honor our law enforcement officers who have made the ultimate sacrifice in service to our nation,” said Attorney General Garland. “I am constantly inspired by the extraordinary courage and dedication with which members of law enforcement act each day, putting their lives on the line to make our communities safer. To members of law enforcement and your families: we know that not a single day, nor a single week, is enough to recognize your service and sacrifice. On behalf of the entire Department of Justice, you have our unwavering support and eternal gratitude.”

“During Police Week, our nation celebrates the contributions of police officers from around the country, recognizing their hard work, dedication, loyalty and commitment in keeping our communities safe,” said Acting United States Attorney Acker.  “I want to acknowledge the work performed by federal, state, and local law enforcement, who often face uncertain and dangerous situations without question and without expectation of thanks.  We want them to know they have our unwavering support and appreciation.”

In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices.  Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.

Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty, and commitment to keeping our communities safe. This year the COVID-19 pandemic has highlighted law enforcement officers’ courage and unwavering devotion to the communities that they have sworn to serve.

During the Roll Call of Heroes, a ceremony coordinated by the Fraternal Order of Police (FOP), more than 300 officers will be honored.  Based on data submitted to and analyzed by the National Law Enforcement Officer Memorial Fund (NLEOMF), of the law enforcement officers who died nationwide in the line of duty in 2020, nearly 60 percent succumbed to COVID-19. Here in the Eastern District of North Carolina, two officers died in the line of duty.

Additionally, according to statistics reported by the Federal Bureau of Investigation (FBI) through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 46 law enforcement officers died as a result of felonious acts and 47 died in accidents in 2020.  LEOKA statistics can be found on FBI’s Crime Data Explorer website.

The names of the 394 fallen officers who have been added in 2020 to the wall at the National Law Enforcement Officer Memorial will be read on Thursday, May 13, 2021, during a Virtual Candlelight Vigil, which will be livestreamed to the public at 8:00 pm EDT. The Police Week in-person public events, originally scheduled for May, have been rescheduled due to ongoing COVID-19 concerns to October 13-17, 2021. An in-person Candlelight Vigil event is scheduled for October 14, 2021.

Those who wish to view the Virtual Candlelight Vigil on May 13, 2021, can watch on the NLEOMF YouTube channel found at https://www.youtube.com/user/TheNLEOMF. The FOP’s Roll Call of Heroes can be viewed at www.fop.net. To view the schedule of virtual Police Week events in May, please view NLEOMF’s Police Week Flyer.

To learn more about National Police Week in-person events scheduled for October, please visit www.policeweek.org.

 

U.S. Department of Justice

Henderson-Vance Benefit as U.S. Attorney Takes Back Eastern NC

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The U.S. Department of Justice has recognized the U.S. Attorney’s Office for the Eastern District of North Carolina because of the Project Safe Neighborhoods Initiative.

Relationship building among prosecutors and federal, state and local law enforcement has led to arrests and convictions for drug, drug trafficking and violent crimes and the involved criminal organizations.

Since the initiative started in 2018, more than 1,600 individuals have been prosecuted, representing a 50 percent increase in the number of people charged compared to 2016-2017 in eastern North Carolina.

The aggressive Take Back North Carolina effort has resulted in a 60% reduction in robberies in Henderson and a 21% decrease in aggravated assaults, according to the press release below.

You’ve heard the phrase Project Safe Neighborhoods on WIZS News or read it on WIZS.com 58 times in 2019-2020.  Those times were just for Vance, Granville, Warren and Franklin Counties.

Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina said, “When I took office as the United States Attorney, the President and the Attorney General made it clear that job one in our District was to reduce crime rates and to attack drug trafficking organizations operating here. We have taken that task very seriously and, because of the hard work of so many, we have seen those crime rates decline as we have removed the drivers of those crime rates from our cities and towns. This award honors a sustained effort by many, many dedicated public servants and it is a privilege to accept this award on their behalf.”

The press release also indicates Vance County has enrolled in the Educating Kids about Gun Violence (EKG) program, which assisting in reducing violent crimes in Fayetteville by 10 percent in the last five years for student-aged young people.

– Press Release 

U.S. Department of Justice Recognizes U.S. Attorney’s Office for the Eastern District of North Carolina for its Work with Project Safe Neighborhoods

Take Back North Carolina Receives National Award as the Outstanding Overall Partnership/Task Force

RALEIGH – The Department of Justice has recognized the Take Back North Carolina initiative of the United States Attorney’s Office for the Eastern District of North Carolina with its Outstanding Overall Partnership/Task Force Award in support of the Project Safe Neighborhoods (PSN) Initiative.

“We are extremely gratified and humbled by the Attorney General’s recognition of the important work being done by federal, state and local law enforcement, our partners in the District Attorneys’ Offices and by the men and women of my office as we seek to drive down crime rates and deliver safer communities to all the citizens of the Eastern District.” Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina said. “When I took office as the United States Attorney, the President and the Attorney General made it clear that job one in our District was to reduce crime rates and to attack drug trafficking organizations operating here. We have taken that task very seriously and, because of the hard work of so many, we have seen those crime rates decline as we have removed the drivers of those crime rates from our cities and towns. This award honors a sustained effort by many, many dedicated public servants and it is a privilege to accept this award on their behalf.”

In early 2018, the United States Attorney’s Office for the Eastern District of North Carolina launched Take Back North Carolina in an effort to drive down spiraling crime rates and to attack drug trafficking organizations – specifically violent crime and drug activities caused by gangs and other national and transnational organizations. Through the initiative, teams of Assistant United States Attorneys and legal support staff were deployed across the 44 counties of the Eastern District focusing on six broad geographic areas. Each team was tasked with building strong relationships with federal, state and local law enforcement operating in those areas and they worked in close coordination with the 15 elected District Attorneys who prosecute state crimes in North Carolina courts in the eastern half of the State. Building on these relationships, our prosecutors worked to identify the individuals who are driving the crime problem in the communities in their assigned area and with charging and prosecuting those individuals in an effort strategically designed to reduce violent crime rates and disrupt and dismantle drug trafficking operations across the District.

Since the Initiative’s inception, more than 1600 individuals have been prosecuted as part of this Initiative, representing a more than 50% increase in the number of defendants charged by this office over those charged in 2016 and 2017. But, more importantly, due to the strategic targeting of the drivers of our violent and drug crime problems, many communities have seen measurable – and in some cases dramatic – reductions in the violent crime rates. For example, based on data analyzed and provided by our research partners at the University of North Carolina – Greensboro, the following cities saw significant reductions in crime rates during 2018 and 2019[1] while participating aggressively in the Take Back North Carolina Initiative:

-Jacksonville – 50% reduction in homicides; 42% decrease in robberies; 83% reduction in aggravated assaults;

-Henderson – 60% reduction in robberies; 21% decrease in aggravated assaults;

-Greenville – homicides down 60%; robberies reduced by 15%.

And, these results have been replicated in communities of all sizes all across the Eastern District. We have also seen the prosecution of the leadership of numerous sects of violent, drug-trafficking gangs across the District. Targeting the leadership of the various Bloods organizations, the Take Back North Carolina Initiative has worked to disrupt and dismantle their operations in this federal district.

Drugs fuel gun violence and the opioid crisis is no exception. Aside from increasing the number of deaths resulting from heroin overdose cases prosecuted, TBNC has also focused on educating the public about the heroin epidemic through the establishment of the USAO Heroin Education Action Team (USA-HEAT). USA-HEAT works to reduce the growing harm to North Carolina families caused by heroin/opiate abuse, partnering with the Drug Enforcement Administration, local law enforcement, community health professionals, and family members who have lost a loved one to a drug overdose. In the last six months, the USAO has conducted 17 training events, each lasting 1-3 hours with content tailored to that audience (e.g., first responders and community groups). Other prevention efforts include the Educating Kids about Gun Violence (EKG) program – part of the Fayetteville Police Department’s Operation Ceasefire, created in 2002 under the umbrella of PSN and USAO-EDNC. In the past 5 years, 25,241 students in Fayetteville have been educated through EKG. Overall violent crime for this age group has decreased 10% city wide since EKG began. Other PSN sites – Goldsboro, Pasquotank County, Kinston, and Vance County have adopted the EKG program. Other prevention efforts include re-entry programs, and an outdoor movie series to engage the community and create public awareness about gun violence. In 2019, 1,425 people attended 6 movie nights in Fayetteville and Cumberland County.

TBNC PSN sites have worked hard to develop an effective public messaging strategy for each community utilizing press releases, press conferences, and advertising campaigns highlighting the penalties for committing federal crimes. In the last two years, the USAO-EDNC issued over 250 press releases highlighting PSN cases and has held numerous press conferences highlighting TBNC success stories. The USAO has produced hundreds of posters for PSN sites to help spread public awareness and has worked with the Executive Office for United States Attorney’s to develop multiple Public Service Announcements (PSA) focusing on violent crime and opioids. These PSA’s have been widely distributed across EDNC for use by the media and communities.

Revitalized in 2017, PSN is a critical piece of the Department’s crime reduction efforts. PSN has focused on prosecuting those individuals who most significantly drive violence in our communities and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.

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U.S. Department of Justice

Eastern District of NC Collects Over $13M in Civil, Criminal Actions

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-Press Release, U.S. Department of Justice

United States Attorney Robert J. Higdon, Jr. announced today that the Eastern District of North Carolina collected $8,527,783.50 in criminal and civil actions in Fiscal Year 2019. Of this amount, $6,362,993.33 was collected in criminal actions and $2,164,790.17 was collected in civil actions. 

One notable example of the office’s dogged pursuit of victim restitution is the case against Compassionate Home Care Services, Inc. and two other individual defendants. After a years-long investigation and civil prosecution of false claims submitted to Medicaid, the Court awarded the United States and the State of North Carolina a multimillion-dollar judgment.

Because of evidence developed during a thorough financial investigation, the Court restrained significant property early in the case to preserve it for collection. After the judgment was issued, the government used garnishments, executions, and other remedies to collect over $500,000 in short order.

Additionally, the Eastern District of North Carolina worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $134,460.79 in cases pursued jointly by these offices. Of this amount, $15,378.18 was collected in criminal actions and $119,082.61 was collected in civil actions.

“We will use every tool in our arsenal to aggressively collect victim restitution and criminal fines, and recover taxpayer dollars lost to fraud and owed to government agencies,” said Mr. Higdon. “We are proud of the men and women in our office who have worked so hard to ensure justice through their collection efforts. They are to be congratulated for their tremendously successful efforts.”

The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss.

While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.

Additionally, the U.S. Attorney’s Office in the Eastern District of North Carolina, working with partner agencies and divisions, collected $4,478,580 in asset forfeiture actions in FY 2019. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund can be used for a variety of purposes, including to support law enforcement.

In certain circumstances, they can also be used to restore funds to crime victims. The Department of Justice, for instance, restored at least 1.8 million in assets forfeited by the United States Attorney’s Office for the Eastern District of North Carolina in Fiscal Year 2019, which assets have been used to compensate the victims of crimes prosecuted by this office.

Mr. Higdon stated: “Asset forfeiture is an important tool in the fight against crime. The forfeiture of assets that facilitate crimes or which are the fruits of the crime deprives the criminals of the means and reasons for their criminal activity.  We will continue to aggressively pursue wrongdoers and their illegal assets as well.”

U.S. Department of Justice

Opinion: Prosecutors Need the Tools to Protect Americans From Violent Offenders

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Opinion piece by Robert J. Higdon, Jr., United States Attorney, Eastern District of North Carolina

Nothing federal prosecutors do is more important than protecting our fellow Americans from violence. In recent years, however, we have lost one of the most important tools we use to protect our communities: the Armed Career Criminal Act (ACCA). Only Congress can restore the ACCA to help us keep our neighborhoods safe.

The ACCA operated on a simple premise: when a felon is convicted of illegally possessing a firearm, he receives a mandatory fifteen-year sentence if his prior convictions include three or more “violent felonies” or “serious drug offenses.” These “armed career criminals” are not low-level offenders but rather criminals who have already been convicted of multiple serious offenses and then were caught with a firearm. In contrast to those included under the ACCA, lower sentences are given to felons who illegally possess firearms but lack that violent history. Common sense tells us that when a felon with a violent past illegally possesses a firearm, he is extremely dangerous and must be incarcerated. The ACCA was intended to bring that common-sense idea to the law.

For a long time, the ACCA really worked. After a period of increasing violent crime in America, President Reagan signed the ACCA into law in 1984. From 1964 to 1980, the overall violent crime rate tripled in the United States. Robbery crimes and rapes tripled, and murders doubled. Then came the ACCA and other major criminal reforms; the elimination of parole, reform of the bail system, the sentencing guidelines, and better funding for law enforcement. The goal of these reforms was to reduce violent crime, and from 1991 to 2014, violent crime dropped by half. Murders and aggravated assaults dropped by half, while robberies dropped by nearly two-thirds. The ACCA, along with these other reforms, was a resounding success that made our neighborhoods safer.

So what happened to the ACCA? The answer is a 2015 Supreme Court decision called Johnson v. United States. There, the Supreme Court considered whether Samuel Johnson, a white supremacist who admitted to planning acts of domestic terrorism, was properly deemed an armed career criminal after he was found guilty of illegally possessing an AK-47, several other firearms, and 1,000 rounds of ammunition. The Supreme Court concluded that Johnson was not an armed career criminal because his prior conviction for illegally possessing a sawed-off shotgun was not a “violent felony.” Most importantly, in reaching that conclusion the Supreme Court held that part of the definition of “violent felony” in the ACCA was too vague to understand and thus violated the Constitution’s guarantee of due process. As a result, the Court struck that part of the definition from the statute, and now, after Johnson, many of the crimes that once were considered “violent felonies” under the ACCA no longer qualify.

It is no exaggeration to say that Johnson destroyed the common-sense nature of the ACCA. Courts across the country have ruled that many plainly violent crimes are no longer “violent felonies.” Even murder is being challenged in some jurisdictions. Here in North Carolina, our common law robbery crime—taking property from someone by means of violence or fear—is no longer a “violent felony,” nor (believe it or not) is shooting into an occupied building. It just doesn’t make any sense, and clearly, no one intended the ACCA to lead to these absurd results.

Because of Johnson, more than 1,400 violent career criminals have been released early, and 600 of those have already been arrested again just three years later. On average, these 600 offenders have been arrested or reoffended three times. As the Attorney General recently stated, “Releasing repeat offenders has consequences.” Those awful consequences have been felt in our communities, such as in Utah, where a career criminal released because of Johnson tortured and murdered two teenagers, and in California, where a career criminal released after Johnson allegedly murdered his father, carjacked a vehicle, and killed the vehicle’s driver.

Just last month in the Eastern District of North Carolina, Charlie O’Bryant Terry was sentenced to twenty years in federal prison for obstruction of justice and illegal possession of a firearm (https://www.justice.gov/usao-ednc/pr/henderson-man-sentenced-20-years-federalprison-obstructing-justice-and-illegal). This was not Terry’s first federal sentence. In fact, in 2008, Terry had been sentenced under the ACCA to fifteen years in federal prison after pleading guilty to being a felon in possession of a firearm after three prior violent felonies, including two common law robberies. Because of Johnson, in August 2016, Terry’s fifteen-year sentence under the ACCA was vacated when his previous convictions for common law robbery no longer qualified as violent felonies. As a result, Terry was released early and placed on federal supervised release.

In January 2017, a mere five months after his release from custody, Terry struck again, assaulting and robbing a couple at gunpoint. During the assault, Terry placed a pistol in the mouth of one of the victims, and he cut the other victim’s head by repeatedly hitting the victim with the firearm, requiring staples to close the wound. After Terry was arrested in April 2017 for violating his federal supervision, federal agents executed a search warrant for Terry’s cellular telephone and found that Terry had taken several “selfies,” or photographs of himself, with an AR-15 semiautomatic firearm the day prior to his arrest. While in jail, Terry also threatened one of the victims in an effort to change his testimony. Terry received a twenty-year sentence for his postrelease conduct, but if his sentence under the ACCA had not been cut short due to Johnson, Terry’s victims would have been safe from his violent criminal behavior in the first place.

Johnson caused these violent offenders to be released early, and going forward federal prosecutors will no longer be able to ensure sufficient sentences for many repeat violent offenders caught illegally possessing firearms. Innocent people will face the tragic consequences that will follow these offenders back to our streets, and the law enforcement officers who protect us will face the danger of confronting and arresting again the same violent felons they already removed from our streets years ago.

But amidst all this bad news, there is still room for something positive: Congress can fix the ACCA. The Supreme Court in Johnson found part of the ACCA’s definition unconstitutionally vague, but the Court left it open to Congress to craft a new definition that avoids these problems. The Attorney General and the Department of Justice have been working with members of Congress to create awareness about this urgent problem. The ACCA focuses on the most dangerous career felons—the kind we can and must take off the streets to protect our communities.

Congress made our nation so much safer in 1984 by passing the Armed Career Criminal Act. Now we need Congress to keep us safe in 2018 by fixing it.

News releases are available on the U.S. Attorney’s webpage at www.usdoj.gov/usao/nce. Follow us on twitter @USAO_EDNC.

U.S. Department of Justice

Edenton Man Sentenced for Armed Bank Robbery

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-Press Release, U.S. Department of Justice

The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that MICHAEL RANKINS, 55, of Edenton, was sentenced by United States District Judge Louise W. Flanagan for armed bank robbery and aiding and abetting. Judge Flanagan sentenced RANKINS to 135 months imprisonment followed by 5 years of supervised release.

RANKINS was charged in a one-count indictment on March 18, 2014, along with his co-defendant William Chadwick Twine. Twine pled guilty on July 9, 2014, and was sentenced on July 10, 2015, to 90 months imprisonment followed by five years of supervised release. RANKINS pled guilty on February 8, 2018.

On January 9, 2014, RANKINS and Twine entered a Wells Fargo Bank in Windsor, North Carolina. As he entered the bank, RANKINS pulled a toboggan over his face with eye holes cut out. He pointed a BB gun at the teller, and he and Twine threatened the teller and demanded money. The teller provided them with $10,465, and the two men ran from the bank to their nearby get-away car. Witnesses relayed to law enforcement the direction the suspects had driven, and officers were soon able to catch up to the suspect’s vehicle and attempt a traffic stop. RANKINS and Twine, however, continued to flee at a high speed, eventually losing control of the car and running off the road and into a field. Both men ran from the stopped car and were quickly apprehended. Officers recovered the stolen money, mask, and BB gun from the car.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

The investigation of this case was conducted by the Windsor Police Department, the North Carolina State Highway Patrol, and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Assistant United States Attorney Jake D. Pugh represented the government in this case.

News releases are available on the U. S. Attorney’s webpage at www.usdoj.gov/usao/nce. Follow us on Twitter @USAO_EDNC