United States of America v. James Thomas Andrew McCarty

Phoenix, Arizona criminal defense lawyer represented the Defendant charged with conspiracy to make hoax threats throughout multiple states in a practice know as swatting.

Thomas Andrew McCarty, 21, of Kayenta, Arizona, was to making hoax call-related charges in two separate indictments from the U.S. attorneys' offices for the districts of Arizona and Central California.



18 U.S.C. 371 provides:



If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.



If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor.

As to Count 1 of the Indictment, defendant is committed to the custody of the Bureau of Prisons for a term of THIRTY-SIX (36) MONTHS, with credit for time served, to run concurrently to Counts 3 and 4 of CR 22-08133-PHX-SPL and consecutive to Counts 24 and 25 of CR 22-08133-PHX-SPL. Upon release from imprisonment, the defendant shall be placed on supervised release for a term of THREE (3) YEARS, to run concurrently to supervised release on Counts 3, 4, 24 and 25 in CR 22-08133-PHX-SPL. SPECIAL ASSESSMENT: $100.00. FINE: WAIVED.