United States of America v. James Fitzgerald Simonton, a/k/a “Boogie”

Case Number: 2:16-cr-00098-JRG-MCLC

Judge: J. Ronnie Greer

Court: United States District Court for the Eastern District of Tennessee (Greene County)

Plaintiff's Attorney: J. Gregory Bowman

Defendant's Attorney: D.R. Smith

Description:

Greeneville, TN - James Fitzgerald “Boogie” Simonton Sentenced to 330 Months for Crack Cocaine, Firearms and Witness Intimidation Offenses

James Fitzgerald Simonton, a/k/a “Boogie,” 51, of Kingsport, Tennessee, was sentenced by the Honorable J. Ronnie Greer, Senior U.S. District Judge, to serve 330 months in federal prison. There is no parole in the federal system.

Simonton was convicted by a jury, in March 2018, following a three-day trial, for conspiracy to distribute 280 grams or more of crack cocaine; possession of firearms in furtherance of a drug trafficking offense; three counts of being felon in possession of firearms; and, witness intimidation. Evidence presented at trial revealed that an investigation began following the May 2016 appearance of two young males with gunshot wounds at Indian Path Hospital, one of whom was Simonton’s son. Detectives developed Simonton as a suspect in the shooting of the two. When officers went to his residence, they found a Glock pistol with extended magazine, which was traced by the Alcohol, Tobacco, Firearms, and Explosives (ATF) to Simonton’s neighbor. Through the trace, detectives learned the firearm had been purchased at Academy Sports in Johnson City. Academy provided paperwork for the transaction and surveillance video from its store, which reflected Simonton had been present along with a codefendant during the purchase of the firearm. Additional surveillance video showed that Simonton was present when another firearm was purchased by his then girlfriend. As the investigation progressed, two codefendants, one of whom was another son of Simonton, were arrested for possession of crack cocaine, leading to information about Simonton’s involvement in trafficking of crack cocaine from a source in Georgia into Sullivan County, Tennessee. Ultimately, the investigation successfully uncovered the firearm used in the shooting of the two young males, an AK63, 7.62 caliber rifle.

After his arrest, and while in federal custody, Simonton threatened a cooperating witness against him in an effort to influence that witness’ testimony. The jury found him guilty of intimidation of that witness.

Law enforcement agencies participating in this joint investigation were the Kingsport Police Department, Sullivan County Sheriff’s Office, and ATF.

This case was brought as part of Project Safe Neighborhoods (PSN), a comprehensive national strategy that creates local partnerships with law enforcement agencies to effectively enforce existing gun laws. It provides more options to prosecutors, allowing them to utilize local, state, and federal laws to ensure that criminals who commit gun crime face tough sentences. PSN gives each federal district the flexibility it needs to focus on individual challenges that a specific community faces.

Charges:

18:922G.F UNLAWFUL TRANSPORT OF FIREARMS, ETC.
(1sss)

18:922G.F UNLAWFUL TRANSPORT OF FIREARMS, ETC. 5/13/16
(3sss)

CONSPIRACY TO DISTRIBUTE CONTROLLED SUBSTANCE
(5sss)

18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN

18:922G.F UNLAWFUL TRANSPORT OF FIREARMS, ETC. 5/4/16 AK-63D 7.62 Caliber semi-automatic rifle
(7sss)

18:1512B.F INTIMIDATION OR FORCE AGAINST WITNESS
(11sss)

Outcome: 0 Minute Entry for proceedings held before District Judge J Ronnie Greer:Sentencing held on 2/20/2019 for James Fitzgerald Simonton, Sr (1), Count(s) 1, 1s, 1ss, 3, 3s-4s, 3ss, 4, 4ss, 5s, 5ss, 6s, 6ss, 7ss, Superseded; Count(s) 11sss, 240 months imprisonment, 5 years supervised release; Count(s) 1sss, 3sss, 120 months imprisonment, 3 years supervised release; Count(s) 4sss, DISMISSED WITHOUT PREJUDICE; Count(s) 5sss, 270 months imprisonment, 5 years supervised release; Count(s) 6sss, 60 months imprisonment, 5 years supervised release; Count(s) 7sss, 30 months imprisonment, 3 years supervised release; $600.00 assessment. With the terms as to Counts One and Three, a term of 120 months, as to Count seven a term of 30 months with those terms to run consecutively, as to Count five a term of 270 months to run concurrently to Counts One, Three, & Seven, as to Count Six a term of 60 months to run consecutively to Count Five, as to Count 11 a term of 240 months to run concurrently to all Counts, for a net effective sentence of 330 months. This sentence shall be served concurrently to any sentence that may be imposed in Franklin County Municipal Court, Columbus, Ohio, Docket Number 2015CRB1469. (Court Reporter Karen Bradley)Defendant Remanded to Custody. (KSH) (Entered: 02/25/2019)

18:922G.F UNLAWFUL TRANSPORT OF FIREARMS, ETC.
(1sss) 120 months imprisonment, 3 years supervised release, $600.00 assessment
18:922G.F UNLAWFUL TRANSPORT OF FIREARMS, ETC. 5/13/16
(3sss) 120 months imprisonment, 3 years supervised release, $600.00 assessment
CONSPIRACY TO DISTRIBUTE CONTROLLED SUBSTANCE
(5sss) 270 months imprisonment, 5 years supervised release, $600.00 assessment
18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN
(6sss) 60 months imprisonment, 5 years supervised release, $600.00 assessment
18:922G.F UNLAWFUL TRANSPORT OF FIREARMS, ETC. 5/4/16 AK-63D 7.62 Caliber semi-automatic rifle
(7sss) 30 months imprisonment, 3 years supervised release, $600.00 assessment
18:1512B.F INTIMIDATION OR FORCE AGAINST WITNESS
(11sss) 240 months imprisonment, 5 years supervised release, $600.00 assessment

Plaintiff's Experts:

Defendant's Experts:

Comments: