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Date: 07-22-2021
Case Style:
Case Number: 2:21-cr-00094
Judge: Irene C. Berger
Court: United States District Court for the Southern District of West Virginia (Kanawha County)
Plaintiff's Attorney: United States Attorney’s Office
Defendant's Attorney:
Description: Charleston, West Virginia criminal defense lawyer represented Defendant charged with possession of 100 grams or more of heroin and possession of a firearm in furtherance of a drug trafficking offense.
Richard James Pfost, 38, of Beaver, was the front seat passenger in a vehicle traveling in Belle when deputies with the Kanawha County Sheriff’s Department conducted a traffic stop of the vehicle. Deputies observed marijuana in the vehicle and conducted a search of the vehicle. In the front passenger side of the vehicle where Pfost was seated, deputies located approximately 112 grams of heroin, 88 grams of methamphetamine, 11 grams of cocaine, a loaded Smith and Wesson M&P Shield 9mm pistol, and a loaded Ruger EC9 9mm pistol. Pfost also had $420 in his possession, which he admitted were drug distribution proceeds. Pfost also admitted that he intended to distribute the heroin, methamphetamine and cocaine for money, and that the firearms in his possession were to protect himself, the drugs he possessed and the drug proceeds.
Pfost faces a mandatory minimum of ten years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Kanawha County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Assistant U.S. Attorney Courtney Cremeans is prosecuting the case.
POSSESSION WITH INTENT TO DISTRIBUTE 100 GRAMS OR MORE OF HEROIN
(1)
POSSESSION WITH INTENT TO DISTRIBUTE METHAMPHETAMINE AND COCAINE
(2)
FELON IN POSSESSION OF FIREARMS
(3)
POSSESSION OF FIREARMS IN FURTHERANCE OF A DRUG TRAFFICKING CRIME
(4)
Outcome: 07/22/2021 32 ORDER as to Richard James Pfost; directing that the Plea Hearing is reset for 7/22/2021 at 3:30 p.m., in Charleston before Judge Irene C. Berger. Signed by Judge Irene C. Berger on 7/22/2021. (cc: Judge, USA, USP, USM, counsel, deft) (lca)
07/22/2021 33 PLEA HEARING as to Richard James Pfost held by Judge Irene C. Berger on 7/22/2021; Court Reporter: Lisa Cook. (kkt)
07/22/2021 34 WRITTEN PLEA OF GUILTY by Defendant Richard James Pfost. (arb)
07/22/2021 35 PLEA AGREEMENT as to Richard James Pfost. (cc: U.S. Probation Office) (arb)
07/22/2021 36 ORDER as to Richard James Pfost Upon hearing held on 7/22/2021, defendant entered a plea of guilty to Counts 1 and 4 of the Indictment. The previously scheduled trial date in this matter is VACATED. Presentence Investigation Report Deadline is 10/14/2021. Sentencing Memorandum due by 10/21/2021. Sentencing set for 12/2/2021 at 10:00 AM in Charleston before Judge Irene C. Berger. The Court DIRECTS that the Defendant be committed to the custody of the United States Marshal and that the United States Marshals Service transport the Defendant from his location of confinement to his sentencing hearing. Signed by Judge Irene C. Berger on 7/22/2021. (cc: Judge, USA, USP, USM, counsel, deft) (arb)
Plaintiff's Experts:
Defendant's Experts:
Comments: