Over 1000 Marijuana Plants and 30 Firearms – including Machineguns, Shotguns, Rifles, and Handguns – Were Found in Search after Domestic Violence Related 911 Call
LAWFUEL – The Legal Newswire – SAN JOSE – United States Attorney Scott N. Schools announced that Kevin Dugan was convicted by a federal jury of manufacturing marijuana, possession of marijuana with the intent to distribute, maintaining a place for the purpose of manufacturing and distributing marijuana, and being an unlawful user or addict in possession of firearms. The jury also found that Mr. Dugan possessed and manufactured at least 1,000 marijuana plants. The jury acquitted Mr. Dugan of possessing a firearm during and in relation to his drug trafficking crimes. The jury’s verdict, which was reached November 15, 2007, was published in open court yesterday afternoon, November 19, 2007, before United States District Judge Ronald M. Whyte. Following a three week trial, the jury found Mr. Dugan guilty after deliberating over a three day period. This conviction is the result of a five-year investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the San Jose Police Department.
Evidence at trial showed that Mr. Dugan of San Jose, California, was arrested after San Jose Police responded to his residence at 2194 Ebbesen Avenue in San Jose, California on September 2, 2002 following a 911 call arising from suspected domestic violence. After officers responded to the 911 call, they subsequently found a three-stage marijuana grow involving 1087 marijuana plants as well as grow lights, a digital scale, baggies, and over $8,000 in cash. Further search of the property revealed over 30 firearms, including numerous machineguns, shotguns, rifles, and handguns.
After the guilty verdict, the United States moved that Mr. Dugan be remanded into custody pursuant to 18 U.S.C. §3143(a)(2). Judge Whyte took the United States’ remand motion under submission until Monday, November 26, 2007 at 9 a.m., when the Court indicated that it will also set a date for Mr. Dugan’s sentencing.
The maximum statutory penalty for each count of manufacturing at least 1,000 marijuana plants and possessing at least 1,000 marijuana plants with the intent to distribute in violation of 21 U.S.C. §841 is a mandatory minimum of ten years to a maximum of life imprisonment, a minimum of five years with no maximum term of supervised release, and a maximum fine of four million dollars. The maximum statutory penalty for the establishment of a marijuana operation in violation of 21 U.S.C. §856 is 20 years imprisonment, 5 years supervised release, a $500,000 fine, and a $100 special assessment. The maximum statutory penalty for being an unlawful user or addict in possession of a firearm is 10 years imprisonment, 5 years supervised release, a $250,000 fine, and a $100 special assessment. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Carlos Singh and Joseph Fazioli are the Assistant U.S. Attorneys who are prosecuting the case with the assistance of Tracey Andersen and Susan Kreider.
Case #: 03-20010 RMW
A copy of this press release may be found on the U.S. Attorney’s Office’s website at www.usdoj.gov/usao/can.