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Bureau of Alcohol, Tobacco, Firearms and Explosives

District of Arizona

For Immediate Release

Friday, April 22, 2011

Dennis K. Burke, United States Attorney

Contact: Robbie Sherwood, Public Affairs
(602) 514-7573

Armed Drug Dealer with 10 Felony Convictions Indicted

PHOENIX — A federal grand jury in Phoenix has returned a four–count indictment against Michael Ray Kapp, 43, for selling methamphetamine and heroin out of his Glendale home, and for firearms violations. Kapp, who has a string of prior felony convictions, faces charges of Possession with Intent to Distribute Methamphetamine, Possession with Intent to Distribute Heroin, Possession of Firearms in Furtherance of a Drug Trafficking Crime, and Felon in Possession of Firearms.

The indictment, handed down on Tuesday, alleges that on March 29, 2011, the defendant possessed methamphetamine and heroin for purposes of distribution, possessed 16 firearms – including semi–automatic rifles, semi–automatic handguns and shotguns – in connection to his illegal drug sales. Kapp was prohibited from possessing firearms due to his 10 prior felony convictions stretching back to 1990, the majority of which are for charges of drug sales and illegal weapons possession.

This defendant, who has proven himself again and again to be a dangerous career criminal, was allegedly selling meth and heroin in a neighborhood while surrounded by an arsenal, said U.S. Attorney Dennis K. Burke. This case is a great example of working with local police and our partners at the DEA and ATF to make neighborhoods safer by taking this poison and these guns off of the streets.

A conviction for methamphetamine distribution carries a maximum penalty of 40 years imprisonment, while a conviction for possession of firearm in furtherance of a drug trafficking crime carries a maximum sentence of life imprisonment. In determining an actual sentence, U.S. District Court Judge Frederick J. Martone will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.

An indictment is simply the method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

The investigation preceding the indictment was conducted by the Glendale Police Department, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The prosecution is being handled by Michael Lee, Assistant U.S. Attorney, District of Arizona, Phoenix.


RELEASE NUMBER: 2011–068(Kapp)