Tag Archive for: #usdepartmentofjustice

U.S. Department of Justice

Deported Alien, Found in Warren Co., Indicted on Illegal Reentry Charges

/by

100.1 FM / 1450 AM WIZS; Local News broadcasts M-F 8am, 12pm, 5pm

-Press Release, U.S. Department of Justice

Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Wilmington has returned indictments charging OMAR LABRA-TREJO, age 50, of Mexico, and JOSE GUILLERMO LEIVA-GALVAN, age 34, of Honduras, with Illegal Reentry of a Deported Alien.

If convicted of illegal reentry, LABRA-TREJO, previously deported twice and found in Warren County, would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.

LEIVA-GALVAN, previously deported and found in New Hanover County, is alleged to have been previously removed subsequent to an aggravated felony conviction (felony larceny). Therefore, if convicted, he would face a maximum imprisonment term of 20 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.

The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.

The cases are being investigated by ICE’s Enforcement and Removal Operations and Homeland Security Investigations.

U.S. Department of Justice

Heroin, Firearm Convictions Get Jackson 13+ Years In Federal Prison

/by

100.1 FM / 1450 AM WIZS; Local News broadcasts M-F 8am, 12pm, 5pm

-Press Release, U.S. Department of Justice

United States Attorney Robert J. Higdon, Jr. announced that today in federal court, United States District Judge Louise W. Flanagan sentenced MICHAEL JERMAINE JACKSON, 35, of Spring Hope to 160 months imprisonment, followed by five years of supervised release.

JACKSON was named in a four-count Indictment filed on April 4, 2019, charging him with possession with intent to distribute heroin, fentanyl, cocaine base (crack), cocaine, marijuana and CBD Oil UK, possession of a firearm in furtherance of a drug trafficking crime, maintaining a dwelling for the purpose of distributing a controlled substance, and possession of a firearm by a convicted felon. On October 15, 2019, JACKSON pled guilty to that charge.

According to the investigation, in September 2018, the Franklin County Sheriff’s Office (FCSO) began an investigation into the drug trafficking activities of JACKSON. A confidential informant provided information that JACKSON was selling narcotics, including heroin, from his residence on Wiley Road in Spring Hope, North Carolina.

After a series of controlled purchases of heroin and crack cocaine from JACKSON at his residence, FCSO executed a search warrant of JACKSON’S residence where they found quantities of heroin containing fentanyl, crack cocaine, cocaine, marijuana, drug distribution paraphernalia, a firearm and ammunition. JACKSON had just been released from a state prison sentence six months prior to the execution of the search warrant.

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. Since 2017, the United States Department of Justice has reinvigorated the PSN program and has targeted 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.

This case is also part of the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.

The investigation of this matter was conducted jointly by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Franklin County Sheriff’s Office. Assistant United States Attorney Robert J. Dodson prosecuted the case for the government.

U.S. Department of Justice

Attorney General Announces Launch Of Project Guardian

/by

100.1 FM / 1450 AM WIZS; Local News broadcasts M-F 8am, 12pm, 5pm

-Press Release, U.S. Department of Justice

Attorney General William P. Barr announced the launch of Project Guardian, a new initiative designed to reduce gun violence and enforce federal firearms laws across the country. Specifically, Project Guardian focuses on investigating, prosecuting, and preventing gun crimes.

Reducing gun violence and enforcing federal firearms laws have always been among the Department’s highest priorities. In order to develop a new and robust effort to promote and ensure public safety, the Department reviewed and adapted some of the successes of past strategies to curb gun violence.

Project Guardian draws on the Department’s earlier achievements, such as the “Triggerlock” program, and it serves as a complementary effort to the success of Project Safe Neighborhoods (PSN). In addition, the initiative emphasizes the importance of using all modern technologies available to law enforcement to promote gun crime intelligence.

“Gun crime remains a pervasive problem in too many communities across America. Today, the Department of Justice is redoubling its commitment to tackling this issue through the launch of Project Guardian,” said Attorney General William P. Barr. “Building on the success of past programs like Triggerlock, Project Guardian will strengthen our efforts to reduce gun violence by allowing the federal government and our state and local partners to better target offenders who use guns in crimes and those who try to buy guns illegally.”

U.S. Attorney Robert J. Higdon, Jr. stated, “For the last two years federal state and local law enforcement have been engaged in a focused, unified and effective effort to target and remove violent criminals, drug traffickers and illegal gang activity all across the Eastern District of North Carolina through our Take Back North Carolina Initiative. Today the Justice Department has launched Project Guardian which will complement and further strengthen our efforts and provide us with better targeting capability for offenders who use guns in crimes and those who seek to obtain guns illegally. In the Eastern District, we stand shoulder-to-shoulder with Attorney General Barr in using every available tool, resource and technique to ensure we target the right offenders and make the people of this District safer.”

“ATF has a long history of strong partnerships in the law enforcement community,” said Acting Director Regina Lombardo. “Make no mistake, the women and men of ATF remain steadfast to our core mission of getting crime guns off of our streets. ATF and U.S. Attorneys nationwide will leverage these partnerships even further through enhanced community outreach initiatives and coordination with local, state, and tribal law enforcement and prosecutors to cut the pipeline of crime guns from those violent individuals who seek to terrorize our communities. Project Guardian will enhance ATF’s Crime Gun Intelligence, to include identifying, investigating and prosecuting those involved in the straw purchases of firearms, lying on federal firearms transaction forms, and those subject to the mental health prohibition of possessing firearms.”

Project Guardian’s implementation is based on five principles:

1) Coordinated Prosecution. According to Schibell & Mennie – a trusted workers comp lawyer, federal prosecutors and law enforcement will coordinate with state, local, and tribal law enforcement and prosecutors to consider potential federal prosecution for new cases involving a defendant who: a) was arrested in possession of a firearm; b) is believed to have used a firearm in committing a crime of violence or drug trafficking crime prosecutable in federal court; or c) is suspected of actively committing violent crime(s) in the community on behalf of a criminal organization.

2) Enforcing the Background Check System. United States Attorneys, in consultation with the Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in their district, will create new, or review existing, guidelines for intake and prosecution of federal cases involving false statements (including lie-and-try, lie-and-buy, and straw purchasers) made during the acquisition or attempted acquisition of firearms from Federal Firearms Licensees.

Particular emphasis is placed on individuals convicted of violent felonies or misdemeanor crimes of domestic violence, individuals subject to protective orders, and individuals who are fugitives where the underlying offense is a felony or misdemeanor crime of domestic violence; individuals suspected of involvement in criminal organizations or of providing firearms to criminal organizations; and individuals involved in repeat denials.

3) Improved Information Sharing. On a regular basis, and as often as practicable given current technical limitations, ATF will provide to state law enforcement fusion centers a report listing individuals for whom the National Instant Criminal Background Check System (NICS) has issued denials, including the basis for the denial, so that state and local law enforcement can take appropriate steps under their laws.

4) Coordinated Response to Mental Health Denials. Each United States Attorney will ensure that whenever there is federal case information regarding individuals who are prohibited from possessing a firearm under the mental health prohibition, such information continues to be entered timely and accurately into the United States Attorneys’ Offices’ case-management system for prompt submission to NICS. ATF should engage in additional outreach to state and local law enforcement on how to use this denial information to better assure public safety.

Additionally, United States Attorneys will consult with relevant district stakeholders to assess the feasibility of adopting the disruption of early engagement programs to address mental-health-prohibited individuals who attempt to acquire a firearm. United States Attorneys should consider, when appropriate, recommending court-ordered mental health treatment for any sentences issued to individuals prohibited based on mental health.

5) Crime Gun Intelligence Coordination. Federal, state, local, and tribal prosecutors and law enforcement will work together to ensure effective use of the ATF’s Crime Gun Intelligence Centers (CGICs), and all related resources, to maximize the use of modern intelligence tools and technology. These tools can greatly enhance the speed and effectiveness in identifying trigger-pullers and finding their guns, but the success depends in large part on state, local, and tribal law enforcement partners sharing ballistic evidence and firearm recovery data with the ATF.

Federal law enforcement represents only about 15% of all law enforcement resources nationwide. Therefore, partnerships with state, local, and tribal law enforcement and the communities they serve are critical to addressing gun crime. The Department recognizes that sharing information with our state, local, and tribal law enforcement partners at every level will enhance public safety, and provide a greater depth of resources available to address gun crime on a national level.

For more information on Project Guardian, see the Attorney General’s memorandum at https://www.justice.gov/ag/project-guardian-memo-2019/download.

U.S. Department of Justice

Department of Justice Awards NC More Than $165 Million In Public Safety Funding

/by

100.1 FM / 1450 AM WIZS; Local News broadcasts M-F 8am, 12pm, 5pm

-Press Release, U.S. Department of Justice

The Department of Justice announced awards of more than $165 million to support public safety efforts in the state of North Carolina. The funding from the Office of Community Oriented Policing Services (COPS), Office of Justice Programs (OJP), and Office on Violence Against Women (OVW) will support violent crime reduction, opioid/substance abuse reduction efforts, school safety, victim services, transitional housing for domestic violence victims, law enforcement activities, mental health, and juvenile justice.

“The Department of Justice is very pleased to provide these critical public safety resources not only to local law enforcement agencies throughout North Carolina, but also to state-level agencies for the benefit of all North Carolinians,” said Director Phil Keith. “This funding will secure schools and protect kids from crime and violence across the state, and help to combat the scourge of deadly drugs running rampant in our communities.”

“Helping to protect North Carolinians—and all Americans—is job number one for the Department of Justice and the Office of Justice Programs,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “I’m proud to make these resources available to the brave crime-fighters, compassionate service providers and dedicated criminal and juvenile justice professionals who work so hard, day in and day out, to safeguard the communities of this great state.”

COPS Office Director Phil Keith made the announcement in Raleigh on Friday morning along with Governor Roy Cooper, U.S. Attorney for the Eastern District of North Carolina Robert J. Higdon, Jr., U.S. Attorney for the Middle District of North Carolina Matthew G.T. Martin and North Carolina State Bureau of Investigation (SBI) Director Bob Schurmeier.

The North Carolina Department of Public Safety received approximately $2.9 million from the COPS Office for investigating illicit activities related to heroin distribution and methamphetamine trafficking, and the North Carolina Department of Public Instruction (DPI) was the only state-level agency to receive funding to improve school security through the 2019 COPS School Violence Prevention Program.

Additional school safety funding was provided to both the North Carolina SBI and DPI through OJP’s Bureau of Justice Assistance for behavioral threat assessments and the enhancement of the North Carolina State School Safety Center.

“North Carolina law enforcement will be better able to keep our communities safe and stop drug traffickers with this vital funding,” said Governor Roy Cooper. “Federal support for local expertise is the right way to fight the opioid epidemic and to protect our schools. These grants will go a long way in making sure North Carolinians live in safe communities.”

“Supporting law enforcement at every level and all across the State of North Carolina goes to the heart of the mission of the U.S. Department of Justice,” said Mr. Higdon.  And these grants provide much needed resources and funding to law enforcement agencies as they work to protect our communities from violence, drug trafficking and any others who threaten our safety and security.”

“The grants announced today by the U.S. Department of Justice represent a significant investment in support of law enforcement and public safety in North Carolina,” said U.S. Attorney Matt Martin.  “We are particularly pleased that grants in the Middle District will support school safety programs, the fight against opioid addiction, and the coordinated efforts under way to reduce gun violence from Durham to Winston-Salem and Rockingham County to Cabarrus County.  These are critical priorities of all three U.S. Attorneys; to borrow an apt adage: we are putting our money where our mouth is.”

“These grants will allow SBI agents across North Carolina to more effectively partner with our police departments and sheriff’s offices to continue the fight against the opioid epidemic,” said SBI Director Bob Schurmeier.  “Families in our state have suffered enormous pain and loss, and we grieve with them.  We will use these resources to go after the cartels, traffickers and dealers and bring them to justice. We are grateful to the COPS Office and the US Department of Justice for their support of North Carolina and the State Bureau of Investigation.”

A full list of COPS awards is available online at https://cops.usdoj.gov/grants. OJP awards, organized under specific grant programs, are available online at https://ojp.gov/funding/Explore/OJPAwardData.htm.

For OVW awards, visit https://www.justice.gov/ovw/awards.

News releases are available on the U.S. Attorney’s webpage located at https://justice.gov/usao-ednc. Follow us on Twitter @USAO_EDNC

U.S. Department of Justice

Franklinton Man Sentenced for Distribution of Child Pornography

/by

-Press Release, U.S. Department of Justice

United States Attorney Robert J. Higdon, Jr. announced that on April 3, 2019, in federal court, United States District Judge James C. Dever III sentenced ANDREW DAVID PHILLIPS, 28, of Franklinton, North Carolina to 210 months imprisonment, followed by 10 years of supervised release.

PHILLIPS was named in a Criminal Information filed on February 13, 2018, charging him with Distribution of Child Pornography. On March 20, 2018, PHILLIPS pled guilty to that charge.

Based on the investigation, PHILLIPS used a computer to store at least 2,210 images of child pornography. In addition, PHILLIPS traded many of the images and videos with other individuals, in exchange for pornographic images of children.

Investigation of this case was conducted by the Raleigh Police Department, as well as the Federal Bureau of Investigation (FBI). Assistant United States Attorney Donald R. Pender represented the government.

U.S. Department of Justice

Three Aliens Indicted on Illegal Reentry Charges, One Found in Granville

/by

-Press Release, U.S. Dept. of Justice

Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned indictments charging EMERSON YUBIMY HERRERA-ALFARO, age 19, of El Salvador, JUAN ANGEL MURILLO RUIZ, age 34, of Honduras, and MARIO ALBERTO LLAMAS-HERNANDEZ, age 37, of Mexico, with Illegal Reentry of a Deported Alien.

If convicted of illegal reentry of a deported alien, HERRERA-ALFARO, previously deported two times and found in Granville County, and MURILLO RUIZ, previously deported and found in Sampson County, would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.

LLAMAS-HERNANDEZ, previously deported and found in Wake County, is alleged to have been previously deported subsequent to a felony conviction (cocaine trafficking). Therefore, if convicted, he would face a maximum imprisonment term of 10 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.

The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.

The cases are being investigated by ICE’s Enforcement and Removal Operations and Homeland Security Investigations.

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

U.S. Department of Justice

‘Project Safe Neighborhoods’ & ‘Take Back NC’ Making Communities Safer

/by

-Press Release, U.S. Department of Justice

One year ago, the Department of Justice announced the revitalization and enhancement of Project Safe Neighborhoods (PSN), which Attorney General Sessions has made the centerpiece of the Department’s violent crime reduction strategy. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

Throughout the past year, we have partnered with all levels of law enforcement, local organizations, and members of the community to reduce violent crime and make our neighborhoods safer for everyone.

“Project Safe Neighborhoods is a proven program with demonstrated results,” Attorney General Jeff Sessions said. “We know that the most effective strategy to reduce violent crime is based on sound policing policies that have proven effective over many years, which includes being targeted and responsive to community needs. I have empowered our United States Attorneys to focus enforcement efforts against the most violent criminals in their districts and directed that they work together with federal, state, local, and tribal law enforcement and community partners to develop tailored solutions to the unique violent crime problems they face. Each United States Attorney has prioritized the PSN program, and I am confident that it will continue to reduce crime, save lives, and restore safety to our communities.”

“During the course of my over 25 years as a federal prosecutor, I have seen the dramatic impact that PSN can have on reducing violent crime in our communities. Following the Attorney General’s lead, we directed the revitalization of the PSN program in this District and have fully staffed it with aggressive and skilled prosecutors who can take on these violent criminals, and those who would victimize our citizens and local businesses. To reduce violent crime and remove drug traffickers from our neighborhoods, our efforts must be real on the streets of the cities, towns, and counties across the District and cannot just be a re-emphasis from Raleigh. As such, in March of this year, we implemented the Take Back North Carolina Initiative to mold our PSN program to address the specific violent crime problems that exist in eastern North Carolina.”

Take Back North Carolina is a partnership between the United States Attorney’s Office, District Attorney’s offices, and federal, state and local law enforcement agencies across the 44 counties of the district to combat violent crime, drug trafficking and crimes against law enforcement. This partnership includes 44 Sheriffs, 188 Police Departments, and 15 elected District Attorneys, and utilizes the regional assignment of Assistant United States Attorneys, strategic targeting, decentralized case intake authority, and public messaging. Regional prosecution teams have been given the responsibility of working directly with law enforcement on a sustained basis to reduce violent crime by targeting those organizations and individuals responsible for the increased violent crime rates and for introducing the poison of illegal drugs into those particular communities. Take Back North Carolina allows the entire district to have the full range of enforcement tools available through the federal court system, allows the regional teams to quickly route matters to federal court when prosecution in that venue would deliver the most significant impact, and protects and supports law enforcement officers who face unacceptable threat levels as they enforce the law.

As we celebrate the one-year anniversary of the revitalized PSN program, here are some of the highlights of our PSN actions over the past year:

Enforcement Actions

• Warren T. Baker was sentenced to 408 months in federal prison in August 2018 for his armed robbery of a Starbucks in Fayetteville, NC, during which he confronted employees at gunpoint. Baker had a prior federal conviction for armed bank robbery.

• Kelly Shadrome Anderson was sentenced to 120 months in federal prison in September 2018 after pleading guilty to being a felon in possession of a firearm. Fleeing an altercation during which he fired a gun in Wilson, NC, Anderson took a 4-year-old child hostage inside a nearby house. Anderson had prior felony convictions for selling cocaine, breaking and entering, and assault on a female.

• Charlie O’Bryant Terry was sentenced to 240 months in federal prison in July 2018 for obstruction of justice and illegal possession of a firearm. Terry assaulted and robbed a couple at gunpoint in Vance County – placing a pistol in one victim’s mouth, and cutting the other victim’s head by repeatedly hitting him with the firearm. Terry had a prior federal conviction for being a felon in possession of a firearm.

• Joseph Luther Lewis was sentenced to 151 months in federal prison in August 2018 for possession of a firearm by felon and possession of a stolen firearm. After having a gunfight with a drug dealer in Fayetteville, NC, Lewis traveled to Robeson County and forcibly abducted his girlfriend at gunpoint – kicking and punching her when she attempted to escape. Lewis had prior felony convictions for possession with the intent to manufacture, sell, and deliver marijuana and conspiracy to commit robbery with a dangerous weapon.

• David Kareem Turpin was sentenced to 240 months in federal prison in August 2018 for Hobbs Act robbery and brandishing a firearm in furtherance of a crime of violence. Turpin robbed Walmart, Food Lion, and Family Dollar stores in Raleigh, NC during which he brandished a firearm and abducted and threatened employees.

• John Devere Battle was sentenced to 1,272 months in federal prison this month for robbing several convenience stores in Cary, NC, as well as his role in committing a home invasion during which the victims were robbed, tied up, pistolwhipped, threatened, and forced to withdraw money from a bank. Battle had prior felony convictions for breaking and entering and being a felon in possession of a firearm.

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

Judd Sentenced For Felon in Possession of a Firearm Charge

/by

-Press Release, U.S. Department of Justice 

The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today in federal court, United States Chief District Judge James C. Dever, III sentenced XAVIER RAMONE JUDD, 32, of Henderson to 36 months of imprisonment followed by 3 years of supervised release.

JUDD was named in a two-count Indictment filed on December 20, 2017. On April 19, 2018, JUDD pled guilty to one count of Felon in Possession of a Firearm.

On November 7, 2017, officers with the Henderson Police Department conducted a traffic stop. As officers approached the vehicle, they observed JUDD in the passenger seat. JUDD tried to encourage the driver to leave, but the driver refused. JUDD exited the vehicle and began walking away from the scene. When officers attempted to arrest JUDD, he resisted slightly but was eventually arrested without further incident. In the passenger area where JUDD, a convicted felon, had been sitting, officers seized a 9mm handgun.

This case was part of the Project Safe Neighborhoods (PSN) initiative which encourages federal, state, and local agencies to cooperate in a unified “team effort” against gun crime, targeting repeat offenders who continually plague their communities.

The Henderson Police Department and the Bureau of Alcohol Tobacco Firearms and Explosives (ATF) conducted the criminal investigation of this case. Assistant United States Attorney S. Katherine Burnette handled the prosecution of this case for the government.

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

Henderson Man Sentenced to 12 Years for Distributing Fentanyl Resulting in Death

/by

-Press Release, U.S. Department of Justice

United States Attorney Robert J. Higdon, Jr. announced that yesterday in federal court, Senior United States District Judge W. Earl Britt sentenced QYDARIUS J. SMALL, a/k/a “Q” and “Peanut,” 20, from Henderson, North Carolina, to 144 months imprisonment, followed by 3 years of supervised release.

On January 10, 2018, SMALL, was named in a three-count Superseding Indictment returned by a grand jury sitting in the Eastern District of North Carolina. The indictment charged Small with Distribution and Possession With Intent to Distribute a Quantity of a Mixture and Substance Containing Fentanyl, Causing Serious Bodily Injury or Death on August 28 and 29, 2017. On March 23, 2018, pursuant to a written plea agreement, SMALL pled guilty to distributing and possessing with intent to distribute a quantity of a mixture and substance containing Fentanyl, a Schedule II controlled substance, which resulted in the death of an individual.

On August 30, 2017, officers of the Henderson (North Carolina) Police Department responded to a report of a drug overdose at a residence. Upon arriving at the scene, officers found a deceased individual along with a hypodermic needle, multiple bindles of heroin, and a bindle of heroin uniquely labeled with a green stamp of the word “Thor.” The investigation revealed that the deceased was the victim of an overdose of heroin containing Fentanyl, and the drugs had been purchased from SMALL. A search of the victim’s cell phone revealed multiple text messages between the victim and SMALL discussing drug transactions and specifically a drug with a “Thor [e] green stamp.”

Later that same day, officers of the Henderson Police Department used the victim’s cell phone to arrange for a controlled purchase of heroin from SMALL. As SMALL drove to the prearranged sale location with the intent to sell heroin to the deceased victim, law enforcement conducted a traffic stop. During a search of the vehicle, law enforcement found heroin stamped in green with the word “Thor” and a loaded handgun. SMALL was placed under arrest and taken to the Henderson Police Department.

United States Attorney Higdon commented, “Qydarius J. Small has been an active part in the opioid crisis and deaths that are tearing apart our country and destroying good communities like Henderson and Vance County, North Carolina. But now, with the imposition of a 144-month sentence, the people of Henderson can begin to recover from the horrible effects of Small’s actions. The Court’s sentence gives these communities that opportunity and we are very pleased that the United States Justice Department could play a role in achieving that result. I commend the Henderson Police Department for their excellent work in this case and bringing this man to justice.”

The case is a federal Organized Crime Drug Enforcement Task Force (OCDETF) criminal matter and was investigated by the Henderson Police Department. Assistant United States Attorney Edward Gray prosecuted the case on behalf of the United States.

This case was prosecuted federally as part of the United States Department of Justice’s Opioid Initiative and the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina.

Implemented in March 2018, the Take Back North Carolina Initiative emphasizes the regional assignment of federal prosecutors to work with local, state and federal law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement. The initiative targets those organizations and individuals who are responsible for increasing violent crime rates and drug trafficking – quickly routing the cases to federal court when prosecution in that venue would deliver the most significant impact.

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

U.S. Department of Justice

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

/by

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.