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Ogdensburg man could face life in prison for distributing marijuana delivered from Akwesasne


SYRACUSE - An Ogdensburg man faces up to life in prison after admitting Monday in federal court that he conspired with others to distribute more than 100 kilograms of marijuana.

Timothy J. Herbick, 53, of 925 Mansion Ave., pleaded guilty in U.S. District Court, Syracuse, to a count that he conspired to knowingly and intentionally possess with the intent to distribute and to distribute a controlled substance. According to a plea agreement filed with the court, he faces a minimum sentence of 10 years in federal prison and a maximum sentence of life imprisonment at sentencing Jan. 18. He also faces eight years to life of additional supervision upon his release and up to an $8 million fine.

According to court documents, Mr. Herbick admitted that he conspired with at least four other unidentified individuals to distribute more than 100 kilograms of marijuana from 2008 until sometime in July. Mr. Herbick and one of the individuals would pool their money and buy the drugs from two suppliers. He and his alleged co-conspirator would purchase 60 to 70 pounds of marijuana each year from one of the suppliers, who delivered the drug from the St. Regis Mohawk Reservation to his residence in Ogdensburg.

On several occasions this year, the supplier allegedly would drive a “lookout” car, while another person would transport the marijuana in a second vehicle. After receiving the marijuana, Mr. Herbick would notify his partner, who would come to his residence and pick up half to deliver to his or her customers, according to court filings.

Mr. Herbick and his partner also received 50 to 100 pounds of marijuana each year from 2010 to 2012 from a second supplier, with whom they met in Onondaga County. Mr. Herbick also would sell “multiple pound loads” of Canadian-grown hydroponic marijuana to the second supplier, according to court documents.

Court documents show that Mr. Herbick was convicted of second-degree criminal possession of a controlled substance in 1999 in Onondaga County. He is being held in U.S. marshals’ custody until sentencing.

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