Federal judge sends 6 to prison in WV for violating terms of the - Beckley, Bluefield & Lewisburg News, Weather, Sports

Federal judge sends 6 to prison in WV for violating terms of their probation

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Six defendants had their probation or supervised releases revoked in U.S. District in Elkins and Martinsburg in June for violating the terms of their release.

U.S. Attorney William Ihlenfeld said two of the revocations were in Elkins:

*Matthew Shane Burns of Norton, West Virginia, sentenced to 12 months and 1 day in prison for possession and use of a controlled substance, associating with persons engaged in criminal activity, excessive use of alcohol and commission of another crime. Burns was originally sentenced in May 2005, to 77 months in prison plus three years of supervised release for felon in possession of a firearm.

*Stephen Blake Landis Jr. of Randolph County, West Virginia, sentenced to 12 months and 1 day in prison for use of a controlled substance and alcohol. Landis was originally sentenced in May 2011 to 10 months in prison plus three years of supervised release for the distribution of methamphetamine.

Clarksburg revocations were:

*Kevin Wayne Bennett, 41, of Clarksburg, West Virginia, sentenced to 12 months in prison plus 24 months of supervised release for unlawful possession and use of controlled substances and alcohol and a location monitoring violation. Bennett was originally sentenced in June 2009 to 70 months in prison with three years of supervised release for maintaining a drug-involved premise. In 2011 his sentence was reduced to 57 months in prison due to the crack resentencing guidelines.

*Naquan Warren, 24, of Fairmont, West Virginia, sentenced to six months in prison and 24 months of supervised release for unlawful possession and use of a controlled substance and associating with a known felon. Warren was originally sentenced in November 2012 to 10 months in prison and three years of supervised release for aiding and abetting in the distribution of heroin within 1,000 feet of a protected location.

*Charles Clint Gaines, Jr., age 26, of Clarksburg, was sentenced to 6 months in prison and 30 months of supervised release for failure to report to probation officer; failure to truthfully answer all inquiries of probation officer; failure to participate in substance abuse testing, counseling and treatment; and, associating with persons engaged in criminal activity. Gaines was originally sentenced in February 2010 to 60 months in prison and three years of supervised release for the distribution of cocaine base. In 2011 his sentence was reduced to 57 months in prison pursuant to the crack resentencing guidelines.

*Joel Levine, age 48, of Morgantown, West Virginia, sentenced to two months in prison and three years of supervised release for possession and consumption of alcohol; unlawful use of marijuana and failure to participate in drug and alcohol treatment as directed by the probation officer. Levine was originally sentenced in November 2010 to five years’ probation for being a felon in possession of a firearm.

The defendants were remanded to the custody of U.S. marshals except for Burns and Warren, who will receive credit for time served since May 7.

The United States was represented at the revocation hearings in Wheeling and Clarksburg by Ihlenfeld and Assistant U.S. Attorneys John C. Parr, Randolph J. Bernard, Shawn A. Morgan, Zelda E. Wesley and Andrew R. Cogar.