Mitchell Peters

Mitchell Peters, 35, of McKee, KY has been charged with 2 counts of distributing illegal drugs and 2 counts of firearm possession by a convicted felon used to facilitate the drug trafficking

On June 27, 2019, the federal grand jury indicted (Indictment #6:19-36-REW) Mitchell Peters, 35, of McKee, KY on charges of distribution of a mixture or substance containing a detectible amount of methamphetamine (Count 1 – incident allegedly occurred on March 7, 2018) and possession with the intent to distribute 50 grams or more of a mixture or substance containing a detectible amount of methamphetamine (Count 3 – incident allegedly occurred on April 06, 2018) in violation of 21 U .S .C. § 841 (a)( 1).

The Indictment also charged Peters with two counts of possession of a firearm (Counts 2 & 4) by a convicted felon and possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 922(g)(l) and 18 U.S.C. § 924(c). Peters is now confined at the Jackson County Detention Center in McKee, Kentucky, in connection with charges of violating Kentucky state law (The Jackson County Detention Center jail tracker shows Peters being held in connection with 2 counts of “failure to appear”. Each count carrying a $50,000 cash bond). The United States moved for a “writ of habeas corpus ad prosequendum” commanding the jailer to deliver Peters to the United States Marshal so that Peters may be brought before this Court for an arraignment and for other proceedings.

The firearms involved in the alleged incidents have been forfeited to the United States government.

The indictment (6:19-cr-00036-REW) states the following: “In the commission of the drug offenses alleged in Counts 2 and 4 of this Indictment, the below-listed firearms are subject to forfeiture pursuant to 18 U.S.C. § 924(d).

FIREARMS AND AMMUNITION

1. Taurus, .380 caliber pistol with serial number 1D123309 seized from Mitchell Peters on April 6, 2018.

2. Winchester .22 caliber rifle with serial number 32483A seized from Mitchell Peters on April 6, 2018.

3. Assorted ammunition.

By virtue of the commission of the felony offenses charged in this Indictment, any and all interest MITCHELL PETERS has in the above-described property is vested in and forfeited to the United States pursuant to 21 U.S.C. § 853, 18 U.S.C. § 924(d), and 28 U.S.C. § 2461.”

The penalties for these various alleged offenses include:

Count 1: Distribution of methamphetamine (March 7, 2018)

Not nor more 20 years imprisonment, not more than a $1,000,000 fine, and at least 3 years supervised release. (If prior felony drug conviction: not more than 30 years imprisonment, not more than a $2,000,000 fine, and at least 6 years supervised release.)

Count 2: Use of Firearm By Convicted Felon in the Commission of Count 1

Not more than 10 years imprisonment, a $250,000 fine, and 3 years of supervised release. (If three prior convictions for a violent felony or serious drug offense pursuant to 18 U.S.C. § 924(e): Not less than 15 years imprisonment, not more than $250,000 fine, and not more than 5 years supervised release.)

Count 3: Distribution of 50 gms or more of methamphetamine (Apr 06, 2018)

Not less than 5 years nor more than 40 years, not more than a $5,000,000 fine, and at least 4 years supervised release. (If prior serious drug felony conviction: not less than 10 years nor more than life imprisonment, not more than a $8,000,000 fine, and at least 8 years supervised release.)

Count 4: Use of Firearm By Convicted Felon in the Commission of Count 3

Not less than 5 years nor more than life imprisonment - to be served consecutive to any term of imprisonment imposed for any other offense - not more than a $250,000 fine, and not more than 5 years of supervised release. (In the case of a second or subsequent conviction, not less than 25 years imprisonment consecutive to any other offense, not more than a $250,000 fine, and not more than 5 years of supervised release.)

The arraignment for Peters in Federal Court is scheduled for Thursday, July 25th, 2019 at 2:00 pm. Peters remains in custoidy at the Jackson County Detention Center.

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