The federal trial for a Wayne County man has been postponed until
November 19, according to documents filed in United States District
Court, Eastern District.
Joshua Gregory, of Monticello, is facing federal firearm charges and
the case was set to go to jury trial on Tuesday, September 17. An
order entered in federal court granted the defendant's motion to
continue that trial date, and it has now been set for Tuesday,
The four count indictment against Gregory was s returned in May. In
count one, the grand jury alleges that on or about November 28, 2018,
Gregory did knowingly "possess with intent to distribute 50 grams or
more of a mixture or substance containing a detectable amount of
methamphetamine, a Schedule II controlled substance."
Gregory was also charged with knowingly possessing a firearm "in
furtherance of a drug trafficking crime for which he may be
prosecuted in a court of the United States, that is, the drug
trafficking crime charged in count one of this indictment."
Count three states that he allegedly "possessed in and affecting
commerce firearms, to wit, a Kel-Tec, Model P3AT, .380 caliber
pistol, serial number JSF45; a Kel-Tec, Model PF-9, 9 mm caliber
pistol, serial number SWK79; a Springfield Armory Rifle, serial
number 262558; a CZ, Model CZ27, .32 caliber pistol, serial number
482175; a Rossi, Model S41, .410 bore shotgun, serial number
SP248328; a Glock, Model 19, 9 mm caliber pistol, serial number
VLE799; a Ruger Model SR9C, 9 mm caliber pistol, serial number
336775571; and a Mossberg, Model 500, 20 gauge shotgun, serial number
R287895, having been convicted in a court of a crime punishable by
imprisonment for a term exceeding one year, and did so knowingly."
Count four alleges that Gregory did knowingly possess a
shotgun having a barrel of less than 18 inches of length, not
registered to him in the National Firearms Registration and Transfer
Approximately 8,475 rounds of assorted ammunition was also seized
from the Gregory's residence, according to the indictment. The
charges stem from an incident involving the Wayne County Sheriff's
Department and the DEA in November 2018.
Gregory's attorney, George Bertram, has filed a motion to suppress
evidence during a search of trash and his residence. Gregory claims
that his rights under the Fourth Amendment were violated because the
trash pull was preformed without the presence of a valid warrant. He
also contends that a warrant authorized the search of his home, but
that it was not supported by probable cause.
The U.S. Attorney has filed a response to that motion asking that
the court deny the motion and uphold the seizure of evidence from the
garbage bags Cardinal Sanitation collected from the defendant's
United States Judge Edward B. Atkins is expected to enter an order on the motion.