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News (Media Awareness Project) - CN AB: Calgary Man Gets Prison Term Over $4M Pot Bust
Title:CN AB: Calgary Man Gets Prison Term Over $4M Pot Bust
Published On:2005-08-30
Source:Calgary Herald (CN AB)
Fetched On:2008-08-19 21:12:19
CALGARY MAN GETS PRISON TERM OVER $4M POT BUST

A Calgary man will spend at least 18 months in jail for attempting to
smuggle $4 million of marijuana into the United States.

On Monday, a Minnesota judge agreed to a 27 1/2-month jail term for
Joseph Frederick Heater and his co-accused, Gail Darwin.

"They will serve two-thirds of that in prison and one-third on
parole," said prosecutor Jennifer Hasbargen.

The pair pleaded guilty last month to second-degree possession of a
controlled substance, which usually draws a minimum sentence of 48
months.

However, Hasbargen said mitigating circumstances were considered in
both cases.

In Heater's case, that included his age (65), his role in the act,
lack of a criminal history and his military service.

"He served his country and was discharged honourably, so that was
considered in his favour," added Hasbargen.

For Darwin, a minor criminal record, her age (63) and health issues
were considered when coming up with the joint submission that Judge
LeDuc agreed to.

Heater was arrested April 17 near Birchdale, Minn., while hauling a
trailer full of marijuana.

The arrest ended an investigation started when U.S. Border Patrol
agents on a routine check spotted snowmobile tracks running from
Heater's northwestern Ontario cabin to a property 500 metres on the
other side of the border owned by Darwin.

At the time, officials found a large amount of marijuana and a cache
of electronic counter-surveillance equipment, leading them to believe
the pair were part of a sophisticated criminal network.

"It is nice to bring it to an end so he can get on with his life,"
said Heater's lawyer, Dan Radakovich.

For now, Heater will serve his time in a U.S. jail, although there are
legal provisions for him to be moved to a Canadian facility if he
chooses to pursue them.

"Right now, he will be in a jail near here," said Radakovich.

"That could change."
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