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Tuesday, June 23, 2009

Judge gives teen break in heroin case

Michael John Duggins cooperated fully with authorities, the assistant U.S. attorney said.

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Michael John Duggins was getting a one-time break, and the judge wanted to make sure he knew it.

"This is a short sentence for someone involved in a heroin conspiracy," U.S. District Court Judge Glen Conrad said Monday to Duggins, a 19-year-old who in March pleaded guilty to distributing the drug to people in their teens and 20s in Southwest Roanoke County. "If there are further problems ... you can count on a swift response from us."

Back in federal court in Roanoke Monday, Duggins ended up with 18 months in prison, far less than called for by two separate calculations.

The charge to which Duggins pleaded, conspiracy to distribute heroin, carries a five-year mandatory minimum sentence. Federal guidelines calculated independently of the mandatory minimum called for 37 to 46 months.

Assistant U.S. Attorney Don Wolthuis said that between April and July 2008, Duggins spread thousands of doses of heroin as a mid-level "manager" working for Clifton Dwight "Lite" Lee.

Balanced against that was Duggins' later conduct.

Once caught, he cooperated fully with authorities, Wolthuis said. He made controlled drug purchases from Lee, which helped prompt Lee to offer evidence against another heroin dealer, his sometimes partner Robert Dwayne "Dollar Rob" Early, Wolthuis said.

Lee pleaded guilty to distribution charges in April and testified in the May trial that led to Early's conviction.

Duggins voluntarily entered a rehabilitation program in the Roanoke City Jail, completing it so successfully that he now is a mentor to other prisoners.

"I have learned the choices I have brought upon myself were totally poor. ... The persons I chose to look up to were wrong," Duggins testified.

Investigators and Duggins' attorney, Rena Berry of Roanoke, have said Duggins was on his own as he graduated from Hidden Valley High School. His parents divorced and left the area, and he was staying with friends when he began working for Lee, whom he saw as a surrogate parent.

Duggins' father, Michael Mascio, came from Florida for the sentencing and wept as Duggins spoke. After the hearing, he said he should have kept in closer contact.

Wolthuis filed a motion for substantial assistance, a recognition of the help Duggins gave investigators and a step that let the judge waive the mandatory minimum. Wolthuis recommended a 24-month prison term, followed by five years of supervision by the federal probation office.

Conrad ordered the post-release supervision but said he was going to go lower with the prison time. He told Duggins he could make a fresh start.

"As a criminal justice system, we're going to do our best to help you. ... But ultimately, Mr. Duggins, it's going to be up to you," he said.

Wolthuis said with time already served, Duggins likely would be out by year's end.

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