C3

By Madeleine Leclerc

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Yvonne Katherine Byram, 34, and Andrew (Andy) Michaud, 29, both of Notre-Dame de Lourdes, were sentenced respectively to 20 and 27 months in a federal prison when they appeared before Judge John A. Woodcock in Bangor on Oct. 1.

Byram and Michaud had pleaded guilty during earlier court appearances to a charge of conspiracy to possess with intent to distribute marijuana stemming from their arrest on January 6, 2008 near Limestone, Maine. Both had been detained in Maine until their Oct. 1 sentencing.

On Jan. 6, agents of the U.S. Border Patrol (USBP) were on patrol near Caswell, Maine in response to evidence that indicated unauthorized crossings in that area of individuals from Canada to the United States. One of the Border Patrol agents observed a Mazda pickup truck, driven by Byram, travelling up and down the road and turn around several times. A short time later, a second agent observed the same vehicle traveling south on US Route 1A a short distance south of the area where the USBP had been patrolling in Caswell. He could see that in addition to the driver of the truck, it contained a passenger. The agent followed the truck as it headed toward Limestone, Maine. The agent observed the truck drift to the far right of the road several times and he could see that the license plate was a New Brunswick plate. The agent activated his vehicle's emergency lights and stopped the Mazda truck as it approached Limestone.

When the Border Patrol agent reached the driver side of the truck, he could smell an odour that he recognized as marijuana. He identified the driver as Byram and the passenger as Michaud. They both told him that they had entered through the Van Buren port of entry. The agent noticed that Michaud had fresh, unmelted snow on his pants and at his feet. He also saw two backpacks and unmelted snow in the back seat. The agent asked Byram and Michaud about the fresh snow and the two bags and Byram began to cry. When the agent asked Byram whether the bags contained marijuana, she replied that they did.

The agent took Byram and Michaud into custody and Byram consented to a search of the bags which contained several Ziplock bags containing a material that the agent recognized as marijuana. Border Patrol agents transported Byram and MIchaud to the Van Buren Border Patrol station for processing. The marijuana weighed 10 pounds.

Acted as ‘mules'

Michaud told Immigration and Customs Enforcement (ICE) agents that he and his girlfriend, Byram, had arranged for her to pick him up in the United States after he crossed from Canada with a load of marijuana. He said that he had been dropped off east of the United States/Canada border and that he had walked for about two hours with the two backpacks that had been seized. He stated that he had crossed into the United States illegally at a place not designated as a port of entry. He said that he had called Byram on his cellphone and that she had picked him up when he reached US Route 1A in Maine, adding that he knew that the backpacks he was carrying contained marijuana. He stated that he was to deliver the marijuana to a residence in Northern Maine.

Michaud explained that since late summer or early fall 2007, he had been smuggling marijuana into the United States for the same Canadian source and delivering it to points in Maine and southern New England. He described two trips where he distributed 100 pounds of marijuana to customers in southern New England, a third trip to southern New England during which he delivered 50 pounds of marijuana, and an additional trip where he distributed 10 pounds of marijuana to the same customer in northern Maine, who was supposed to get the marijuana delivery on Jan. 6, 2008. He also described another occasion when he and another person brought bags of marijuana into the country, from Canada, weighing approximately 130 pounds.

Walked across the ice

Byram admitted that she knew marijuana was in the backpacks. She also described how Michaud had obtained the marijuana from a source in New Brunswick and walked it across the ice covering the St. John River, and met Byram on the U.S. side. She explained that she and Michaud intended to deliver the marijuana to a location in northern Maine. She also explained that since later summer or early fall 2007, she had been smuggling marijuana into the United States for the same Canadian source and delivering it to points in Maine and southern New England. She described three trips where she distributed 100 pounds to customers in southern New England and two additional trips where she distributed 10 pounds of marijuana to the customer in northern Maine, who was supposed to get the marijuana delivery on Jan. 6. As to all the trips, she explained that she received marijuana from smugglers who brought the marijuana across the border from Canada.

Refused requests

The court refused to grant a request made by Byram and Michaud to reduce their role in the smuggling operation as a minor one.

"On several occasions, Michaud smuggled marijuana into the United States over land from Canada. He would accompany Byram on trips to deliver the marijuana to different customers in Maine, New York and Rhode Island. He was paid $1,000 for one trip, and $400 to $500 for others. He had telephone contact with his New Brunswick handler who would provide him with the marijuana to bring across the border. He worked with other New Brunswick members of the conspiracy who assisted him in carrying the drugs across the border, but who did not accompany he and Byram on their road trips. Although Byram would drive the vehicle carrying the marijuana to points south, he would ride along and would be in telephone contact with a member of the conspiracy from Montreal, Quebec who would provide him with instructions and directions on where to deliver the marijuana. On one occasion, he and another co-conspirator smuggled marijuana into the country and handed it to a runner other than Byram - a man he described as driving a blue van. During the same smuggling event, the man in the blue van also received a box of pills, although Michaud did not know what type of pills they were," stated court records.

"This is not the case of a person dealing anonymously with a drug source once or twice and receiving a package of drugs with little or no instructions on what to do with the drugs until he nears the delivery point. This is not a case of a person making one or even two trips because he is hard up for money. Rather, Michaud was trusted enough by his Canadian handlers to repeatedly smuggle marijuana into the country, deal directly with contacts in New Brunswick and Montreal, and make repeated trips to the United States to deliver hundreds of thousands of dollars worth of marijuana. A job for which he was well paid. Like Byram, this was his livelihood for a period of time."

"It matters little that Michaud did not pick up money to return to Canada. There is nothing in the record to suggest that he was not trusted enough to pick up the money and bring it back to Canada. It is just as plausible that his Canadian employers did not want to risk law enforcement detection during an exchange of drugs and cash, which would cost them both valuable commodities. It is just as likely that the drugs were being fronted to the customers and payment would not be made until a later date."

"Admittedly, he was introduced to the conspiracy by Byram, however, he continued to act illegally long after that introduction. Indeed, the marijuana that he smuggled across the border was not supplied to him by Byram but rather another New Brunswick member of the conspiracy. He admitted that he worked for the conspiracy because he needed the money. For all these reasons, he should not receive a role reduction."

"Byram made several trips to the United States for the purpose of delivering marijuana. In addition to the occasion that she was caught, she had made 10-pound deliveries on two other occasions to a location in Northern Maine and three 100-pound deliveres to New York and Rhode Island. For the out-of-state trips, she was paid $3,000 per trip and for the shorter trips to Maine, she was paid $350. She knew the sources in Canada and she was entrusted with knowledge of the delivery locations," stated the court.

"This is not the case of a person dealing anonymously with a drug source once or twice and receiving a package of drugs with little or no instructions on what to do with the drugs until she nears the delivery point. This is not a case of a person making one or even two trips because she is hard up for money. Rather she was trusted enough by her Canadian handlers to make repeated trips to the United States to deliver hundreds of thousands of dollars worth of marijuana. A job for which her employers paid her handsomely. This was her livelihood."