Atwood sentenced to 5 years in prison|[6/22/05]
Published 12:00 am Wednesday, June 22, 2005
A young Vicksburg resident who had multiple entanglements with law enforcement may get help in federal prison, said his attorney who is also his stepfather.
David Garland Atwood II, 21, 5290 Fisher Ferry Road, was sentenced Tuesday by U.S. District Judge David Bramlette to five years, three months in federal prison followed by five years’ probation and payment of $25,634.30 in restitution.
The sentence, under a plea agreement to indictments charging wire fraud and sexual enticement, is three months more than the minimum under federal sentencing guidelines.
It also requires Atwood to register as a convicted sex offender within 10 days of his release from prison and gives federal officials the right to monitor his use of computers during his probation, including the requirement that he maintain a daily log of all his computer activity except any he may do for employment.
“I was extremely pleased,” said Atwood attorney Jerry Campbell of Vicksburg. Campbell added that he thought Bramlette was trying to help Atwood, especially since he suggested sending him to a federal facility that may offer inmates the chance to further their educations, possibly including by completing courses good for college credit.
Atwood was accused in a December indictment of eight counts. In April, he pleaded guilty to two of them in the plea deal.
The counts to which he did not plead guilty accused him of using the Internet to send from Mississippi to Virginia a message threatening to injure a person and five other counts of wire fraud.
Each wire-fraud count accused Atwood of establishing a separate credit-card account. Each account was established with one of three financial institutions. Bramlette ordered him to pay restitution to each of those institutions, with Citigroup to receive $20,632.03, American Express $4,698.70 and Chase Card Services $303.57.
The Federal Bureau of Prisons determines where inmates will be incarcerated. Bramlette recommended that Atwood be confined at Eglin Air Force Base, near Pensacola, Fla., or Maxwell Air Force Base, near Montgomery, Ala., or at the federal correctional institution at Yazoo City, a medium-security facility.
The plea agreement negotiated by Campbell and federal prosecutors called for Bramlette to sentence Atwood to no less than five years, the minimum required by statute on the enticement conviction. The deal was announced in Jackson federal court days before a trial in the case was scheduled to begin.
The maximum potential sentences Atwood faced were 30 years and a $250,000 fine on the enticement charge and 30 years and a $1 million fine on that for wire fraud.
Though minimal credit may be given inmates who serve “good time,” no parole exists in the federal system. The charges to which Atwood pleaded guilty constitute felony crimes, meaning that in addition to serving time in prison he will lose his right to vote in elections, serve on juries run for public office or possess a firearm for any reason.
Campbell said while he was pleased with the judge’s decision to add only three months to the minimum, he did not agree with the requirement of a minimum sentence.
Atwood has been in federal custody since his arrest in July 2004. Bramlette refused to release him on bail after a four-hour hearing in March.
Atwood ran for Warren County constable and once filed to seek the office of sheriff. He has also faced state felony indictments, including a March 2002 Jones County charge of possession of a firearm on a school campus that was dropped and a Warren County charge of malicious mischief. His plea agreement with federal prosecutors included no provision with respect to any state charges that may remain pending against him.