Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.

Help support the publication of case reports on MoreLaw

Date: 08-02-2018

Case Style:

United States of America v. Fred Swan, Jr.

Western District of New York Federal Courthouse - Rochester, New York

Case Number: 6:17-cr-06104-FPG-JWF

Judge: Frank P. Geraci

Court: United States District Court for the Western District of New York (Monroe County)

Plaintiff's Attorney: Katelyn M. Hartford

Defendant's Attorney: Joseph Damelio

Description: Fred Swan, Jr., 29, of Rochester, NY, pleaded guilty to Hobbs Act Robbery, Attempted Hobbs Act Robbery, and brandishing a firearm during a crime of violence before Chief U.S. District Judge Frank P. Geraci. The robbery charges carry a maximum penalty of 20 years in prison and a $250,000 fine. The firearms charge carries a mandatory minimum penalty of seven years in prison, which must be served consecutively to the sentence imposed on the robberies.

Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that the defendant robbed four establishments at gunpoint between February 11, 2017 and March 24, 2017:

o On February 11, 2017, the defendant robbed the China Star restaurant at 600 West Main Street in Rochester. Swan entered the store and pointed a handgun at a restaurant employee and demanded money. The defendant grabbed approximately $60 cash from the store employee’s hand and fled the restaurant on foot;

o On February 18, 2017, the defendant robbed Alice’s Market convenience store at 1477 South Avenue in Rochester. Swan entered the store, went up to the register, pointed a handgun at the store clerk, and demanded money. The clerk gave the defendant approximately $50 cash from the register. The defendant fled from the store and was driven away from the scene by another individual;

o On February 19, 2017, the defendant robbed the Mobil Quick Mart store at 1810 Mount Hope Avenue in Rochester. Swan entered the store and pointed a handgun at a store employee as he approached the counter and demanded money from the register. The employee refused to give Swan money. The defendant walked around the counter and struck the employee in the head with the handgun, and the two of them fell to the floor fighting. Swan eventually fled the store without getting any money; and

o On March 24, 2017, the defendant robbed the Fast Mart Inc. store at the Valero gas station at 931 South Clinton Avenue in Rochester. Swan entered the store, pointed a handgun at the store clerk, and demanded money. The clerk handed over $280 cash from the register. The defendant then demanded two packs of cigarettes, which the clerk handed to him. Swan fled the store with the cash and cigarettes.

On March 24, 2017, law enforcement officers searched the defendant’s apartment at 229 Meigs Street in Rochester and they recovered the .40 caliber handgun that was used in the Alice’s Market robbery.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert and the Rochester Police Department, under the direction of Chief Michael Ciminelli.


18:1951.F INTERFERENCE WITH COMMERCE BY THREAT OR VIOLENCE
(1-2)
18:1951.F INTERFERENCE WITH COMMERCE BY THREAT OR VIOLENCE
(1s-2s)
18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN
(3)
18:1951.FINTERFERENCE WITH COMMERCE BY THREAT OR VIOLENCE
(3s)
18:1951.F INTERFERENCE WITH COMMERCE BY THREAT OR VIOLENCE
(4)
18:1951.F INTERFERENCE WITH COMMERCE BY THREAT OR VIOLENCE
(4s)
18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN
(5)
18:924C.F VIOLENT CRIME/DRUGS/MACHINE GUN
(5s)

Outcome: 07/30/2018 91 WAIVER OF INDICTMENT by Fred Swan, Jr. (JHF) (Entered: 07/30/2018)
07/30/2018 92 SUPERSEDING INFORMATION as to Fred Swan, Jr (1) count(s) 1s-2s, 3s, 4s, 5s. (JHF) (Entered: 07/30/2018)
07/30/2018 93 PLEA AGREEMENT as to Fred Swan, Jr. (JHF) (Entered: 07/30/2018)
07/30/2018 94 Minute Entry for proceedings held before Hon. Frank P. Geraci, Jr.:Plea Hearing as to Fred Swan, Jr held on 7/30/2018, Plea entered by Fred Swan Jr. (1) Guilty Count 1s-2s,3s,4s,5s. PROBATION NOTIFIED OF PLEA. Sentencing set for 11/5/2018 11:00 AM before Hon. Frank P. Geraci, Jr. Sentencing Submissions/Motions are due by 10/15/18; Responses/Objections are due by 10/22/18. Character letters are due by 10/29/18; PSR to the Court by 10/29/18. Defendant is continued detained. (Court Reporter Cm.)(PR) (Entered: 08/01/2018)

Plaintiff's Experts:

Defendant's Experts:

Comments:



Find a Lawyer

Subject:
City:
State:
 

Find a Case

Subject:
County:
State: