Charles McHan and Martha McHan - Page 7

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               Cunningham also pleaded guilty to the above criminal charge.           
          As part of his plea agreement, Cunningham testified against                 
          petitioner before a Federal grand jury regarding various illegal            
          drug transactions in which he and petitioner participated in                
          1985, 1986, and 1987.                                                       
               On September 13, 1990, in an additional indictment filed in            
          the Federal District Court for the Western District of North                
          Carolina, petitioner was charged with 17 counts of illegal drug             
          trafficking, filing false tax returns, and engaging in a                    
          continuing criminal enterprise in connection with the illegal               
          drug transactions that Cunningham had testified about and that              
          occurred beginning in the fall of 1984, in 1985, 1986, and 1987,            
          and in early 1988.                                                          
               In July of 1992, petitioner pleaded guilty to some of the              
          charges, and petitioner was convicted on all charges submitted to           
          the jury.                                                                   
               Petitioner was sentenced to a prison term of 150 months.               
               Also, the Government obtained another criminal forfeiture              
          against petitioner of $395,670 (the amount of the net proceeds              
          that the District Court determined petitioner received from the             
          related drug transactions, after deducting $857,030 for                     
          petitioner’s estimated costs of purchasing and transporting the             
          marijuana and after deducting $236,650 for one-half of the net              







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