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United States of America v. Troy McIlwain
Case Number: 2:18-cr-00126-cr
Judge: Christina Reiss
Court: United States District Court for the District of Vermont (Chittenden County)
Plaintiff's Attorney: Kevin J. Doyle
Burlington, VT - Troy McIlwain Sentenced to 48 Months for Possession With Intent to Distribute Crack Cocaine and Violations of Supervised Release Conditions
Troy McIlwain, 31, of St. Albans, Vermont, was sentenced on Septermber for possession with intent to distribute cocaine base and violations of conditions of supervised release. United States District Judge Christina Reiss sentenced McIlwain to 24 months based on the drug conviction, and 24 months based on the supervised release violation, for a total sentence of 48 months. Judge Reiss also ordered that McIlwain serve a three-year period of supervised release upon his release from prison.
According to court records, McIlwain’s criminal history includes a 2013 federal conviction in Vermont for possession of firearms as a convicted felon. He was placed on supervised release on April 13, 2018, after his release from a term of imprisonment in connection with a previous violation of release conditions. The court issued a warrant for his arrest in June 2018 due to his non-compliance with release conditions. On September 9, 2018, the Burlington Police Department encountered McIlwain as he was driving in Burlington and arrested him on the warrant. During processing at the Chittenden Regional Correctional Facility later that night, corrections officers recovered from McIlwain’s pocket a plastic bag containing 36 baggies of cocaine base. As a result, McIlwain was federally charged with possession with intent to distribute cocaine base.
The government and McIlwain entered into a plea agreement in which McIlwain admitted to the cocaine possession and the violations of supervised release conditions. The court accepted the parties’ agreement providing for a 48-month sentence and sentenced him accordingly.
Outcome: 09/06/2019 25 MINUTE ENTRY for proceedings held before Judge Christina Reiss: Sentencing held on 9/6/2019 for Troy McIlwain. Kevin Doyle, AUSA, present for gov't. Paul Volk, Esq., present with dft. The court adopts the PSR as its findings of fact. The court accepts the Plea Agreement. Statements by counsel and dft. ORDERED: granting MOTION 23 for a Variance. SENTENCE: Imprisonment for a term of 24 months as to this count and 24 months as to the supervised release violation relative to docket 1:12-cr-00155, consecutive, for a total sentence of 48 months incarceration followed by 3 years S/R. The court makes recommendations to BOP. Fines waived. S/A of 100 due immediately. Parties notified of right to appeal. (Court Reporter: Johanna Masse) (jbr) (Entered: 09/06/2019)