Federal Court Threats Could Land Flint Man In Prison For Marijuana Growing Operation

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FLINT, MI -- Authorities are pushing for a Flint man to serve four years in federal prison after threats he made to federal court security led investigators to discover his illegal marijuana growing operation.

Federal prosecutors submitted a sentencing memorandum Thursday, Jan. 8, asking Flint U.S. District Judge Terrence G. Berg to order Lawrence R. McManaman to serve the maximum prison time allowed under a sentencing agreement prosecutors and McManaman made in the case. 

McManaman, 56, agreed to plead guilty Sept. 17 to being an unlawful user of a controlled substance in possession of a firearm and one count of manufacturing marijuana. 

Investigators first learned of McManaman's marijuana growing operation after an altercation with federal court security officers.

McManaman arrived at the Flint U.S. District Court Oct. 8, 2013, for a meeting with bankruptcy trustees, according to the government's sentencing memorandum. McManaman then engaged in a verbal altercation with court security officers about the courthouse's cellphone ban. 

Prosecutors claim McManaman took his cellphone back to his car and tried to re-enter the courthouse. However, he again engaged in a verbal confrontation with court security. Prior to leaving the courthouse, McManaman made a formal complaint with the U.S. Marshal Service against a court security officer, according to the sentencing memorandum.

A court security supervisor later contacted McManaman by telephone in response to his complaint, but prosecutors claim he became irate. McManaman demanded a public apology from the supervisor or else he "would take matters into his own hands," according to the sentencing memorandum.

Shortly after the interaction, prosecutors claim U.S. marshals were provided notes written by McManaman that included the court security supervisor's name, age, address, and names of his wife, kids and other family members. 

Marshals also allegedly were provided with text messages showing McManaman holding a long gun with a scope, according to the sentencing memorandum. 

Authorities initiated a threat investigation and obtained a search warrant for his Brentwood Drive home. Prosecutors claim they discovered a marijuana growing operation that included 45 plants, a loaded handgun and a 12-gauge shotgun.

Bay City attorney Robert Dunn, who represented McManaman, said his client had a medical marijuana card to legally grow the marijuana but it expired. Federal prosecutors claim he was a medical marijuana patient, not a caregiver, and that his license did not authorize him to possess plants. 

"It's absolutely outrageous to give this guy four years under these circumstances," Dunn said.

Federal prosecutors, in an unusual procedure, agreed to dismiss a charge of possession of a firearm in furtherance of a drug trafficking crime -- a violation that carries a mandatory consecutive five-year prison term -- if McManaman agreed to allow the judge to exceed federal guidelines and sentence him to three years, six months to four years in prison. Prosecutors are asking for the maximum under the sentencing agreement.

Federal sentencing guidelines called for McManaman to serve less than three years in prison. 

Dunn said they entered into the plea agreement to save taxpayers money because his client could not defend himself against the two charges he pleaded guilty to. 

However, Dunn said his client refused to plead guilty to the mandatory five-year charge because his client had the firearms for hunting and home protection, not to further a drug crime. 

Prosecutors could still pursue the five-year charge if the judge declines to exceed the sentencing guidelines and issue a sentence that fulfills the sentencing agreement or if McManaman backs out of the agreement.

Sentencing is scheduled for Jan. 22.

 

http://www.mlive.com/news/flint/index.ssf/2015/01/federal_court_threats_could_le.html

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