United States of America v. Donald Edward Ponder

Roanoke, Virginia criminal defense lawyer represented the Defendant charged with f possession with intent to distribute five grams or more of methamphetamine and one count of being a felon in possession of a firearm.



On May 4, 2022, officers with the Martinsville Police Department encountered Donald Edward Ponder, III, age 36, walking towards Fidelity Bank in Martinsville, Virginia. Ponder had an outstanding warrant for his arrest and was known to local police.



As Ponder approached the entrance of the bank, officers placed him under arrest for the outstanding warrant and escorted him away from bank customers and into the parking lot. During a subsequent search of Ponder, officers discovered a Jennings .22 caliber pistol in his right hip pocket and observed a black zip container hanging from his front belt loop. A search of that container revealed 17 individually packaged jewelry baggies containing approximately 11 grams of methamphetamine. Ponder told officers there was another firearm in his backpack. A search of the backpack revealed a Taurus G2C 9mm pistol, an additional G2C magazine, a baggie of jewelry bags, and a working electronic digital scale. Both pistols were fully loaded with one bullet in each chamber. Further investigation revealed the defendant had been previously convicted of a felony and was prohibited from possessing a firearm.



At sentencing, Ponder faces a minimum sentence of five years in federal prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.



United States Attorney Christopher R. Kavanaugh and Craig B. Kailimai, Special Agent in Charge of the Washington Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, made the announcement.



The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Martinsville Police Department investigated the case.



Special Assistant United States Attorney J. Parker Gochenour, an Assistant Attorney General with the Virginia Attorney General's Major Crimes and Emerging Threats Section is prosecuting the case.



21:841A=CD.F - CONTROLLED SUBSTANCE - SELL, DISTRIBUTE, OR DISPENSE - 21:841(a)(1) and (b)(1)(B) - Methamphetamine - (5/4/2022)

(1)

18:924C.F - VIOLENT CRIME/DRUGS/MACHINE GUN - 18:924(c)(1)(A)(i) - Firearm used in drug trafficking - (5/4/2022)

(2)

18:922G.F - UNLAWFUL TRANSPORT OF FIREARMS, ETC. - 18:922(g)(1) - Prohibited person in possession of firearm - (5/4/2022)

(3)

10/26/2023 35 Minute Entry for proceedings held before Judge Thomas T. Cullen:Guilty Plea Hearing as to Donald Edward Ponder, III held on 10/26/2023. Plea entered by Donald Edward Ponder III (1) Guilty Counts 1,3. Defendant remanded to Custody. (Court Reporter: M. Butenschoen) (ck)

10/26/2023 36 PLEA AGREEMENT as to Donald Edward Ponder, III. (ck)

10/26/2023 37 Agreed Statement of Facts filed as to Donald Edward Ponder, III. (ck)

10/26/2023 38 Guilty Plea Form as to Donald Edward Ponder, III. (ck)

10/26/2023 39 NOTICE OF HEARING as to Donald Edward Ponder, III (CUSTODY) (CR) Sentencing set for 2/29/2024 02:00 PM in Roanoke before Judge Thomas T. Cullen.NOTICE TO COUNSEL This hearing has been set for one hour. If you think the hearing will take longer than one hour please contact the Courtroom Deputy as soon as possible. (ck)