Aryan Strikeforce Case: Federal Opposition To Dismissal

Case 4:17-cr-00139-MWB Document 142 Filed 03/09/18 Page 1 of 50
UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA : CRIM. NO. 4:17-CR-00139-4

:
v. : (JUDGE BRANN)
:
JUSTIN LOUGH : FILED VIA ECF
BRIEF OF THE UNITED STATES IN OPPOSITION TO

DEFENDANT LOUGH’S MOTION TO DISMISS FOR ALLEGED
OUTRAGEOUS GOVERNMENT CONDUCT
Respectfully submitted,
DAVID J. FREED
UNITED STATES ATTORNEY
MIDDLE DISTRICT OF PENNSYLVANIA
GEORGE J. ROCTKASHEL
Assistant United States Attorney
PA ID 44922
Office of the United States Attorney
240 West Third Street, Suite 316
Williamsport, PA 17701-6465
Telephone: (570) 326-1935
FAX: (570) 326-7916
DATE: March 9, 2018

TABLE OF CONTENTS
PAGE(S)
TABLE OF CONTENTS………………………………………………………i
TABLE OF AUTHORITIES………………………………………………….ii
A. RELEVANT FACTUAL BACKGROUND……………………………1
1. The Aryan Strike Force and Its Members’ Commitment to

Violence and Criminal Activity…………………………………3
2. The Defendants’ History of Violence, Firearms & Drug

Trafficking to Achieve ASF-Combat 18 Goals………………..7
3. Infiltration of ASF by FBI to Neutralize Ongoing Threats

of Violence…………………………………………………………18
B. ARGUMENT……………………………………………………………..32
1. Applicable Legal Standard……………………………………...32
2. The FBI Properly Investigated Ongoing Criminal

Activities Of the ASF and Did Not Create New Crimes for
the Sake of Bringing Charges Against Lough and the Co-
Defendants..............................................................................35
3. Lough and his Co-Defendants Provided Substantial

Logistical Support for Multiple Interstate Transfers of
Contraband……………………………………………………….39
4. Lough and his Co-Defendants Were Predisposed to Commit

the Offenses……………………………………………………….40
C. CONCLUSION…………………………………………………………..46
CERTIFICATE OF SERVICE …………………………………………….. 47
i
TABLE OF AUTHORITIES
PAGE(S)
CASES
United States v. Hampton,

425 U.S. 484 (1976)……………………………………………….34,41
United States v. Jannotti,

673 F.2d 578 (3d Cir. 1982)……………………………………37,38,40
United States v. Lakhani,

480 F3d 171 (3d Cir. 2007)…………………32,33,37,38,40,41,42,43
United States v. Nolan-Cooper

155 F.3d 221 (3d Cir. 998)…………………………………33,34,35,40
United States v. Santana,

6 F.3d 1, 4 (1st Cir. 1993)…………………………………………….34
United States v. Twigg,

588 F.2d 373 (3d Cir. 1978)……………………… 34,35,39,41,42,44
ii

UNITED STATES OF AMERICA : CRIM. NO. 4:CR-16-00139-4

:
v. : (JUDGE BRANN)
:

DEFENDANT LOUGH’S MOTION TO DISMISS FOR ALLEGED
OUTRAGEOUS GOVERNMENT CONDUCT
The United States hereby opposes defendant Justin Lough’s
motion to dismiss for alleged outrageous government conduct. (ECF
126; 127) In support of its opposition, the United States submits these
grounds:
A. RELEVANT FACTUAL BACKGROUND
The indictment charges Lough and other members of the Aryan
Strike Force (ASF) and Combat 18 with conspiring and attempting to
transport multiple pounds of methamphetamine, 50 Colt AR-15
receivers, and four Glock sear full-automatic inserts on behalf of other
members of the ASF-Combat 18, who were actually FBI undercover
employees. Consistent with the ASF-Combat 18 mission, Lough and his
1
co-defendants engaged in this criminal conduct to generate funds for
the acquisition of firearms and ammunition. While a patched member
of the ASF, Lough participated in each of four separate efforts to
transport 16-pound shipments of methamphetamine from Pennsylvania
to Maryland on December 4, 2016, January 17, 2017, March 12, 2017,
and April 7, 2017. During the April 7, 2017 incident, he also assisted in
transporting 50 AR-15 receivers and Glock sear automatic inserts. In
addition, he conspired with his co-defendants to conduct money
laundering transactions through the purchase of Target gift cards with
cash proceeds of the drug distribution offenses.
Well before the undercover investigation and controlled drug and
firearms transactions resulting in the criminal violations charged in the
indictment, the FBI received information from a number of sources
about ongoing illegal activities involving illegal firearms possession,
drug distribution, and other offenses committed in Potter County and
elsewhere involving members of the Aryan Strike Force (ASF). Those
sources included the Pennsylvania State Police (PSP), confidential
human sources, and reports from other FBI divisions and other law
enforcement sources. The investigation revealed that even before the
2
controlled drug and firearms transactions Lough and his co-defendants
were established members of the ASF who had participated in prior
criminal activities involving methamphetamine, and other drugs,
firearms, weapons offenses, and aggravated assaults.
1. The Aryan Strike Force and Its Members’ Commitment to

Violence and Criminal Activities
a. The ASF Mission and Members
Prior to the offenses charged in the indictment, defendants Lough,
Joshua Steever, Henry Baird, Stephen Davis, Jacob Robards, and
Connor Dykes were “patched” members of the ASF. According to the
mission statement posted on its website, the ASF is a “white nationalist
organization” with the “goal to protect the honour of our women,
children, and the future of our race and nation.” The ASF advocates
violence as a necessary tool to achieve their political goals. It reportedly
has members worldwide, who utilize the social media website VK to
communicate with one another. Lough and the other defendants were
members of the Vinland Division of the ASF-Combat 18. Exhibit 1, 1-6
According to former ASF president, Ronald Pulcher, known as
“Dozer”, all recruits in ASF take a blood oath upon joining, a pledge of
loyalty requiring obedience to the group and even the shedding of blood
3
on its behalf. The members viewed the ASF as an actual strikeforce, or
group of “street soldiers” ready to undertake violent action in
preservation of the white race.
Social media postings, on VK and other sites, identified Pulcher,
the defendants, and other ASF members as also being members of the
Eastern Service Unit of Combat 18, another white nationalist group.
Combat 18 is a neo-Nazi organization associated with the White
Supremacist “Blood and Honour” Organization started in the United
Kingdom in the 1990s. Combat 18 refers to itself as “the official armed
wing of Blood and Honour” and has been connected to acts of terrorism
and violence including arson attacks throughout the 1990s. It has since
spread internationally with other groups and organizations using the
Combat 18 badge, or insignia. Ex. 1, 4. Combat 18 ascribed to the
concept of “leaderless resistance” similar to lone wolves, or small cell
structures employed by other terrorist organizations, and derived its
name from “A.H.”, the initials of Adolph Hitler, which are the first and
eighth letters of the alphabet. As reported by Pulcher, Combat 18 is the
more violent faction within the White Supremacy Movement, and ASF
was an elite division within Combat 18.
4
According to social media posts and other evidence developed by
the FBI, Joshua Steever was the founder of the ASF. Pulcher, a Potter
County resident served as president of the group, until his arrest by
PSP in October 2016 for growing marihuana and possessing illegal
firearms at his residence. In an August 19, 2016 VK post, Pulcher
discussed his promotion to president of ASF and Steever’s role in
founding the group. Henry Baird eventually succeeded Pulcher as
president, and Stephen Davis served as vice-president and Connor
Dykes as sergeant-at-arms at the time of their arrests in April 2017.
Members of Combat 18 asked Steever to set up “service units” composed
of ASF members, who would take on assignments on behalf of the white
race and were expected to receive weapons training. Lough, Dykes,
Robards, Davis, and Baird agreed to participate in the Combat 18
service unit with Steever. Ex. 1, 1; 5-6.
b. Lough’s Membership in the Aryan Strike Force
As reflected in recorded conversations on March 30, 2017, Lough
considered himself to be an active member of the ASF, who previously
engaged in drug distribution and other criminal activities with his
skinhead “brothers” in Arizona, a group known as the “Hammerskins,”
5
and continued those activities with his co-defendants and the ASF in
Pennsylvania and Maryland. Exhibit 7, 5-6; 11-12. His participation in
successive attempts to transport bulk amounts of methamphetamine
and consignments of unregistered firearms parts and to engage in
money laundering transactions with proceeds of those activities flowed
directly from his ongoing and active participation in the ASF-Combat
18, and the criminal activities of its members.
Despite this clear commitment to criminal activities on behalf of
the ASF-Combat 18, in post-arrest statements to FBI investigators on
April 13, 2017 Lough minimized his connection to the ASF. He claimed
that he did not consider himself ASF, even though he had a jacket with
an ASF patch on it and a tattoo of the patch on his person. Apparently
unaware that he had been recorded recounting how he “cooked” and
“slung” methamphetamine with skinhead “brothers”, Lough described
the ASF as a “bunch of retards”, and he denied making any money
through his association with ASF members, or “moving”
methamphetamine for anyone. In spite of expressing dim regard for his
“brothers”, Lough nevertheless refused to identify individuals from the
ASF with whom he associated, and professed not to understand why he
6
should have to provide the names of individuals who share the same
ideology as he does. Eventually, however, during the interview he
identified co-defendants Steever and Robards as members of the ASF.
In view of his continuing participation in criminal activities with
ASF members and attempts to conceal those members and activities
during the post-arrest interview, the skinhead tattoos on his hands
referred to by his father at the detention hearing and the swastika
tattoo on his scalp fully reflect Lough’s enduring ties to the ASF-
Combat 18. As Magistrate Judge Arbuckle aptly stated in the order
continuing detention, “The tattoos of the defendant show a commitment
to a lifestyle consistent with the strong evidence of repeated
involvement in crime in this case and inconsistent with his reputation
in the community as evidenced by the exhibits and testimony of his
father.” ECF 104, 2.
2. The Defendants’ History of Violence, Firearms & Drug

Trafficking to Achieve ASF-Combat 18 Goals
a. Bomb Making Discussions
Through the PSP and law enforcement sources, the FBI
determined that ASF members, including the defendants, regularly
traveled to Pulcher’s property in Potter County for meetings to discuss
7
ASF-Combat 18 activities. During these gatherings, the defendants
reportedly possessed and discharged firearms and discussed illegal
activities that included the making of an explosive device to detonate at
an event in Harrisburg. Cooperating witnesses reported that in the
Fall of 2016 ASF members discussed a plan to create a bomb concealed
inside the oxygen bottle of an ASF member who had a life-threatening
illness and was willing to blow himself up. The witnesses reported that
Pulcher, Steever and the ASF member discussed the bomb plot whereby
the ill ASF member would blow himself up by detonating one of his
oxygen tanks at a white supremacist rally in Harrisburg. The intended
target of the bombing were ANTIFA demonstrators expected to be
present at the rally.
The FBI debriefed a CHS concerning an ASF gathering on
September 3, 2016 at Pulcher’s residence. The CHS reported that the
ASF held the meeting in Ulysses, Pennsylvania with members of the
National Socialist Movement (NSM). Ex. 1, 2. Pulcher, Steever, Davis,
and ASF members from Buffalo, New York attended the meeting.
During the meeting, Pulcher invited the CHS to join them in weapons
training. The CHS observed that Pulcher and Steever, who are
8
convicted felons, and another ASF member convicted of felony offenses
were armed with firearms.
According to the CHS, in response to a question about shooting
firearms, Pulcher advised that we can shoot something today, and “If
you got anything to die, we can get shot today.” During the gathering,
Davis described how the ASF used violence to achieve its goals: “Our
part of it, you can use it, we’re the violent part of it, unfortunately, you
know, it gets done.” Pulcher, the ASF president at the time, also
described funds that the group maintains funds to handle its members’
problems resulting from illegal activities: “We got patches n’ shit, we got
shit we gotta make, we got shit few gotta take care of, plus we got our
funds, everybody pays dues, you know what I mean? We have a fund for
bail for guys that get caught doing shit to be able to take care of it, so if
you want to make a donation, I mean, we’ll definitely take it.”
According to witness reports, Pulcher was growing marihuana and
illegally possessed firearms at his residence, and although the ASF does
not favor drug use, it was acceptable for Pulcher to grow the marihuana
to generate funds, provided he did not use the drugs. Ironically,
following his arrest by the PSP in October 2016 for cultivating
9
marihuana, Pulcher himself, was the beneficiary of ASF funds. As
Steever reported in an October 31, 2016 VK post:
Some of you may know this. I will keep it short and sweet.
Our brother Dozer was locked up. They got his wife and
daughter also and took their phones. As of now all matters
with the Vinland Division will be handled by me and
Stephen Dan Davis. All dues will be sent to Stephen Dan
Davis. Message Stephen Dan Davis for the information to
send the dues or money to help Dozer. We will keep everyone
posted of his situation. 8318.
b. Acquisition and Transfer of Firearms by ASF

Members
As Pulcher stated in an August 16, 2016 VK post concerning the
role of the ASF,: “we are the elite…the first to get the call to shed blood
… when shit goes terribly wrong we are usually the first to fix it.” One
of ASF’s stated goals was to procure more firearms and weapons in
preparation for the race war. ASF members actively tried to obtain
firearms through all available sources, including the Internet or direct
sales, even though the majority of its membership could not legally
possess firearms. Witnesses observed defendant Stephen Davis provide
a shotgun to Pulcher during a meeting at Pulcher’s residence in Potter
County. According to witnesses, Davis, a convicted felon “runs guns”,
and Steever also discussed “running” firearms with other ASF
10
members. In fact, according to one witness, Davis admitted doing
prison time for selling guns in Virginia.
In addition, witnesses have observed Steever with a firearm at
Pulcher’s residence in Potter County on several occasions, and Pulcher
and Davis shooting, or “popping off guns” at Pulcher’s Potter County
home. Consistent with the ASF members’ demonstrated affinity for
firearms, Dykes, an ASF member later appointed sergeant-at-arms,
posted images of himself on VK in an ASF uniform holding various
weapons, including a tactical shotgun, a pistol, brass knuckles, and an
ASP baton. Notably, Dykes was later arrested in Maryland for
possessing brass knuckles.
In post-arrest statements in this case, Baird admitted purchasing
the Taurus revolver, recovered at his residence following his arrest in
this case, from an individual in Allentown, Pennsylvania. Steever also
admitted purchasing a shotgun from another individual, and the FBI
recovered a shotgun with a tactical grip from his residence following his
arrest in this case.
11
c. Assaults Planned and Committed by ASF Members
In VK messages exchanged on October 10, 2016, Pulcher and an
ASF member calling himself “Eichmann Halcrow” discussed what to do
about a female who has threatened ASF members. During the
discussion, Pulcher agreed that an ASF prospect should “hospitalize her
for his patch.” He also stated in agreeing that the prospect carry out his
violent assignment: “Let him do this for our honor,” and that Steever
will have to “sort this out.”
Consistent with this planned assault by an ASF prospect, Steever
and Baird, Pulcher’s successor as president, participated in an assault
at a bar involving several black bar patrons. According to local police
reports, obtained by the FBI after the incident, on December 4, 2016,
Steever and an ASF member were involved in a fight with racial
overtones at Spanky’s in Easton, Pennsylvania. According to a bouncer
at Spankys, Steever was in the bar and had walked past a group of
black males and called them “niggers.” The bouncer told them to let it
go, but Steever continued to act out and was removed by the bouncer
from the bar. However, Steever came back to the door and pulled a
knife out while the black males exited the bar. A fight ensued in the
12
parking lot in which Steever was bludgeoned with a rock. The police
noted that at the time of the incident Steever was wearing his ASF
bomber jacket.
d. Lough’s Prior Criminal Activities Involving Drug

Distribution and Firearms
Consensually monitored conversations obtained during the
undercover investigation directly connected Lough to the criminal
activities charged in the indictment and to similar prior criminal
activities in Arizona. One meeting on March 30, 2017, in particular,
demonstrated Lough’s ongoing commitment to both the ASF-Combat 18
and the criminal activities intended to fund and facilitate its mission.
On that date, Lough met near Harrisburg with his co-conspirators
Henry Baird, Joshua Steever, and an FBI undercover employee (UCE)
purporting to be an ASF affiliate and a wholesale broker of controlled
substances and unregistered firearms. During the meeting, Lough
expressed his ready availability to assist in transporting
methamphetamine: “[Y]ou call me, I’ll be there. . . . [I]t will be very
very rare if I had to turn something down. . . . [T]hat’s why I always
make sure people know, call me, cause I always need the money . . . I’m
always ready to go.” Exhibit 7, 9-10.
13
During the same meeting, Lough confirmed his bona fides as an
ASF “brother” who previously participated in methamphetamine
trafficking when he lived in Arizona. As they discussed future
operations over fajitas and beers, he told the UCE, “I’m no stranger to
this work, this is what me and my brothers did in Arizona all the time.
. . . [Y]ou’d be surprised at a lot of the work me and my brother did
when we were in Arizona.” Exhibit 7, 11. When later during the
encounter the UCE asked what he had done in Arizona, Lough
recounted additional criminal activities, including “cooking” and
“slinging” methamphetamine with ASF members: “ . . . steal cars . . .,
poison, and um counterfeit, . . . oh, and uh, cooking . . . yeah, that was a
big thing with a lot of us skinheads out there, we cook and we sling.”
Exhibit 7, 11-2. He acknowledged the opportunity to generate cash
through methamphetamine trafficking: “. . . I mean I could literally go
back, as soon as my brother gets out of prison, we can easily go right
back to it and start making money again. . . . I’m very much
accustomed to, you know, making money any way I can.” Exhibit 7, 12-
13. In fact, Lough advised the UCE that in addition to transporting
bulk amounts of methamphetamine he was available and capable of
14
selling drugs, or “product” in Waynesboro, Virginia where he and his
father lived: “I don’t know if you ever have any product, you need uh,
slung, I can definitely get rid of it where I’m at.” Exhibit 7, 12-13.
During the meeting on March 30, 2017, Lough also expressed his
interest in obtaining multiple handguns. He told the wholesale broker
that, rather than a particular kind of gun, he was looking for “more like
quantity” . . . ‘uhh, small handguns.” Exhibit 7, 13. When the UCE
asked, “just anything ? ”, Lough responded “pretty much, if you could
snag a revolver at least one.” Exhibit 7, 13. And, when the UCE asked
what he meant by “quantity,” Lough said, “just as many as you can get
them . . . as many as you can get for what I paid in.” Exhibit 7, 13.
The UCE also clarified whether the guns that Lough was
interested in were stolen or traceable. Lough asked, “what do you mean
clean? They’re not hot.” Exhibit 7, 13. The UCE answered, “no they’re
not coming back to you, they’re not coming back to anybody.” Exhibit 7,
13. Lough advised that he had assumed all the guns were “hot”, or
stolen, and noted that he was “used to . . . dirty guns” and in Arizona
“you can have dirty guns.” Exhibit 7, 13. Lough, Baird, and the UCE
also discussed types of handguns, and Lough expressed an interest in a
15
.45 pistol and “something small and compact” like a .380 pistol. Exhibit
7, 14.
e. Prior Arrests and Convictions
Lough and the co-defendants have significant records of prior
criminal activity. Lough has a history of abusing drugs and alcohol. In
his post arrest-statement to the FBI, Lough acknowledged that he has
used a lot of drugs in the past, including methamphetamine. He told
investigators that at the time of the interview he was currently using
drugs and that he “liked to party now and then.” At a bail hearing in
this case, his father recounted bouts of heavy drinking following the
death of Lough’s mother, episodes compelling his father to make him
leave their residence in Waynesboro, Virginia. Bail Hearing, 29-32; 36-
37. At the age of 20, in 2011, Lough was found guilty of a misdemeanor
driving while intoxicated offense, and he received a 60-day suspended
sentence. Pretrial Services Report (PTSR), 2. At age 24, in 2014, he
received a 60-day suspended sentence and served four days in jail on a
petit larceny charge for stealing a case of beer in Waynesboro after just
returning from Arizona. Exhibit 3, 2. PTSR, 3. Bail Hearing, 30-32.
16
While his criminal history is not exceptionally serious, it has some
troubling features reflecting negatively on his ability to comply with
conditions of supervision when viewed against his abuse of alcohol and
drugs. He was found guilty of contempt in Waynesboro in 2011 and was
fined $100. PTSR, 2. Moreover, his sentence of probation and the
suspended sentence on the petit larceny conviction were revoked. PTSR
3. As stated above, Lough recounted for FBI undercover employees
(UCE) his prior activities in Arizona “cooking” and “slinging”
methamphetamine and his ability and interest in “slinging” drugs in his
hometown of Waynesboro, Virginia.
Lough’s co-defendants also have had significant prior experience
with the criminal justice system. Steever has been convicted of
possession of weapons and terroristic threats. Henry Baird has three
convictions for assault with intent to cause injury, including one case
where he beat the black male victim with a baseball bat. He also has
two convictions for unauthorized use of a vehicle and convictions for
criminal trespass and unlawful possession of marihuana. Robards has
been convicted three times for possession of heroin and also for illegal
possession of a firearm by a convicted felon. Stephen Davis has been
17
convicted for receiving stolen property, forgery, and possession of
firearms by a convicted felon. And as recounted above, Dykes has been
charged with DUI and illegal possession of brass knuckles. Ronald
Purcher is presently serving a state prison sentence for cultivation of
marihuana, and he has a prior felony conviction for aggravated assault
involving firearms, simple assault, and retail theft.
3. Infiltration of ASF by FBI to Neutralize Ongoing Threats of

Violence
In response to CHS and witness reports that the ASF was actively
engaged in discussions of bomb-making and drug and firearms
trafficking, the FBI used several UCE’s, to identify members of the
ASF-Combat 18 chapter organized by Pulcher and Steever and its
ongoing criminal activities. The UCE’s posed as members of Combat 18
and affiliates of the ASF who brokered wholesale firearms and drug
transactions. During the undercover investigation, the FBI staged a
series of scenarios involving the controlled transfer of purported crystal
methamphetamine and AR-15 receiver and machine gun parts.
Through various meetings and cell phone exchanges, the undercover
operatives advised the defendants of the opportunity to make money to
18
buy guns by serving as security or “muscle” during the transportation of
drugs and firearms parts.
As reflected in recorded conversations, Lough and his confederates
eagerly participated in the controlled drug and firearms transfers, fully
knowing that they were engaged in criminal activities. Lough, like
Steever who notified and mobilized the co-defendants for each transfer,
traveled from Virginia to Pennsylvania to participate in all four
controlled transactions, and even used his own vehicle to assist in
transporting the purported contraband across state lines.
a. December 4, 2016 Controlled Transaction
On November 19, 2016, Lough, Steever, Dykes, an ASF member,
and an ASF affiliate, met with a UCE at a Cracker Barrel restaurant in
Staunton, Virginia near Lough’s residence following a series of phone
calls and texts setting up the meeting. In a text exchange the day
before, on November 18, 2016, Lough confirmed the meeting time and
location. Exhibit 8, 16-17. The purpose of the meeting was to discuss a
job available for the ASF service unit involving the transportation of
guns and crystal methamphetamine. The UCE advised the ASF
members that they would be acting as “muscle” with an additional
19
vehicle to provide security for the transportation of some
methamphetamine. The UCE emphasized that it was not an issue if
the defendants did not want to assist in the job, and, because of the risk
of jail time, they needed to be sure that they wanted to be involved. The
UCE advised Steever that he should check with the members of the
service unit and advise whether they were interested. Exhibit 2, 3.
During the meeting, Lough expressed concern about whether he
could be provided with a “piece,” or firearm to carry during the job. The
UCE advised him that a “piece” was not needed, and it would be bad
enough if the police stopped the defendants while transporting the
material, and a gun would only increase the amount of jail time they
faced. Exhibit 2, 1-2. Lough said that he was able to assist the UCE in
the transport of the drugs, and he had a small Ford SUV and could act
as the driver. Exhibit 2, 2. The UCE advised the defendants that they
would each receive $1,000 for participating in the job, and $500 of the
payment could be contributed toward planned purchases of firearms.
Exhibit 2, 2-3.
In a text exchange with Steever on November 19, 2016, following
the meeting, Lough expressed enthusiasm for Dyke’s participation in
20
the service unit’s activities: “I like that Connor [Dykes] kid. I think he
will make a good boot. He’s a fucking trooper for sure.” Exhibit 8, 17.
The UCE confirmed with Steever by cell phone that the
defendants and other ASF members were interested in the job. Exhibit
3, 1-2. On December 4, 2016, Steever, Lough, Dykes, and an ASF
member drove in Lough’s vehicle to meet the UCE at an exit off I-84
near Lord’s Valley, Pennsylvania. Steever joined the UCE in the UCE’s
vehicle and Lough drove Dykes and the ASF member and ASF affiliate
to a shopping mall near Dickson City where they met a second UCE
posing as the recipient of methamphetamine. The UCE’s exchanged a
package of U.S. Currency, and the UCE who had driven to the mall
with Steever, then asked Steever to carry over a duffel bag containing
approximately 20 pounds of methamphetamine. Steever handed the
duffel bag to the second UCE. Exhibit 3, 1-2.
Steever and the UCE then left the location and parked. The UCE
provided Steever with $4,000 of the $10,000 received for the duffel bag
of methamphetamine. Steever and the UCE then arranged to meet
Lough, Dykes and the ASF member and ASF affiliate in a Walmart
parking lot, where Steever gave $1,000 each to Dykes, Lough and the
21
other ASF member. The UCE then suggested that the defendants and
the ASF member use a portion of their payments to purchase pre-paid
VISA cards to make a deposit with a gun supplier for a future gun
purchase through the UCE. After some discussion with Steever, Lough,
Dykes and the ASF member decided to keep their $1,000 shares.
Exhibit 3, 2-3.
After this transaction, Conner Dykes provided a wish list to the
UCE of firearms that he wanted to purchase for the ASF-Combat 18,
including Beretta and Glock handguns and an Uzi firearm.
b. The January 17, 2017 Controlled Transaction
On January 17, 2017, Steever, Lough, Dykes, and Jacob Robards
traveled in Lough’s vehicle to the outlet stores in Tannersville,
Pennsylvania where they met with a UCE and an ASF affiliate.
Exhibit 4, 1-2. Steever traveled with the UCE to a meeting location,
and Lough and the other defendants followed in Lough’s vehicle.
Steever delivered a bag containing methamphetamine to a second UCE,
who then provided the other UCE with a bag of cash. Exhibit 4.
Steever, the UCE he had driven with, and the ASF affiliate traveled to
an arranged location where they met with Lough, Robards, and Dykes.
22
The UCE provided Steever with $4,000 in cash, and Steever provided
$1,000 each to Lough, Robards, and Dykes. The UCE discussed using a
portion of the cash payments to put money down on the purchase of
firearms through the UCE. Lough, Dykes, and Robards agreed, and
they each purchased a $400 gift card at Target and provided the cards
to the UCE as a payment toward future firearms purchases. Exhibit 3,
4-5.
Following the methamphetamine transfer, on February 11, 2017,
in a text exchange with Steever, Lough asked Steever to ask one of the
UCE’s when “we are going again,” referring to future activities of the
ASF-Combat 18 service unit. Exhibit 8, 17.
On February 15, 2017, two UCE’s met at Steever’s residence in
New Jersey with Steever, Dykes, Robards, and an ASF affiliate to
discuss additional “work” to be performed by the ASF-Combat 18
service unit. Exhibit 5, 2-3. The UCE’s initially met with Steever only
to discuss the availability of the service unit for additional jobs. Steever
advised that he and the defendants would be available. When asked by
the UCE’s what kind of work he and the defendants would feel
comfortable doing, Steever responded “anything.” One of the UCE’s
23
mentioned the danger of transporting “crystal” methamphetamine.
Exhibit 5, 2-3. When Steever and the UCE’s rejoined the other
defendants, the UCE’s again advised the group concerning the risks
associated with transporting “meth.” Steever, Lough, Dykes and
Robards acknowledged the potential consequences of transporting meth
and ways to avoid detection by the police. Exhibit 5, 3.
During the meeting, Robards also remarked how he had been a
skinhead for 26 years and will be a skinhead until the day he dies. He
also discussed the January 17, 2017 transfer of methamphetamine.
Robards acknowledged what will happen if they get stopped with
methamphetamine, stating, “we’re fucked.” Exhibit 5, 1. He also
expressed his role in the last transfer of drugs: “I sat there solid, I had
my eyes on point . . . . I understood exactly what was going on, you
have to be aware.” Exhibit 5, 1.
c. The March 12, 2017 Transaction
On March 6, 2017, Steever received a text from one of the UCE’s
about needing the assistance of Steever and the service unit members
in the coming weeks. Steever confirmed that he and the defendants
would be available, and the UCE advised him that one of the UCE’s
24
would provide additional details later in the week. In a text exchange
with Steever on March 8, 2017, Lough discussed the availability of ASF
members and stated, “Connor [Dykes] is 100% sure he’s not going. So
I’ll just head straight there after work. See if we can raise the wages
since we will be down a worker.” Exhibit 8, 17. In another text
exchange on March 10, 2017, Lough confirmed that the service unit
would be working on Sunday morning, March 12, 2017, and he stated,
“Also I got a boot down to go to replace Connor.” Steever replied,
“Awesome brother.” Exhibit 8, 17.
On March 12, 2017, Lough, Steever, and Henry Baird traveled in
Lough’s vehicle to a meeting location in the Harrisburg area. Steever
then entered a vehicle driven by a UCE, and another UCE entered
Lough’s vehicle. They then traveled to a shopping mall near
Hagerstown, Maryland, where they met another UCE. Steever
provided a suitcase containing purported methamphetamine to the
UCE who was waiting there. The UCE told Steever that he made a
mistake in substituting service unit members without getting approval
from the UCE. The UCE then provided Steever with $8,000 in cash.
Exhibit 6, 1-2.
25
Steever provided the cash to the UCE with whom he had driven
from Harrisburg, and the UCE then gave Steever $3,000. Steever gave
a $1,000 each to Lough and Baird. The UCE then drove them to a
Target store where Steever and Lough each purchased a $400 gift card
and Baird bought a $200 card, which they provided to the UCE as
payment toward the purchase of firearms. Exhibit 6, 3-4.
d. March 30, 2017 Meeting in Harrisburg
On March 19, 2017, an FBI UCE contacted Steever, who was with
Henry Baird at the time. The UCE explained that the UCE was going
to be in Pennsylvania and wanted to meet with Steever and the
members of the service unit, because there was additional work for the
group. Steever advised that Baird lived in the local area and Robards
would participate when no one else was available due to health issues.
He also mentioned another individual who lived near Canada, but it
was difficult for that person to get to Pennsylvania. Exhibit 7, 1. The
UCE said that it was up to Steever to select the individuals he was
going to work with, and the UCE wanted to meet with the members of
the service unit. The UCE advised that another reason for meeting was
26
to make sure that the group was comfortable with the kind of work that
the service unit might be asked to perform. Exhibit 7, 1.
On March 24, 2017, Steever texted Lough about a visit by one of
the UCE’s and the need to get ready for another service unit operation.
Lough advised that he needed to see what was going on with his
employment that weekend, and Steever responded, “It’s very important.
. . . You definitely need to be here now to do security.” Exhibit 8, 17-18.
In a text exchange on March 28, 2017 concerning the meeting of the
service unit, Steever advised Lough, “I need you here Thursday [March
30, 2017] it’s about work.” Exhibit 8, 18. In text exchanges with
Steever on March 29 and 30, 2017, Lough confirmed that prior to the
meeting of the service unit he was heading to Steever’s residence in
Phillipsburg, New Jersey, and not Henry Baird’s residence. Exhibit 8,
18.
On March 30, 2017, Lough drove Steever and Baird to a meeting
at the El Rodeo restaurant in Harrisburg where they met with two
UCE’s. Exhibit 7, 4-5. The day before, Steever confirmed with one of
the UCE’s by phone that Lough and Baird would be attending the
meeting. Exhibit 7, 2. Steever acknowledged again that the reason for
27
the meeting was to make sure the members of the service unit
understood and were comfortable with the planned activities. During
the meeting, the UCE’s discussed the fact that the service unit had been
assisting in the transportation of multiple pounds of
methamphetamine. Lough, Baird, and Steever stated that they
understood and had no concerns or issues with continuing those illegal
activities. Exhibit 7, 4. The UCE’s repeated that the activities had
criminal consequences and that no one needed to participate if he felt
uncomfortable. Exhibit 7, 5. Henry Baird advised that he was not
afraid to get his hands dirty, and Lough said it would be extremely rare
if he had to turn something down. Exhibit 7, 7; 9-10. Lough stated
that he engaged in activities in Arizona that were more significant
compared to anything the UCE would likely ask him to do. Exhibit 7,
11-12.
Baird and Lough discussed the kinds of guns that they wanted to
obtain. Baird said he had a Taurus revolver and wanted to upgrade to
a Glock pistol. Exhibit 7, 5; 9-10. As described above, Lough discussed
his interest in obtaining an AK-47 rifle and a .380 pistol, and he
described the kinds of criminal activities that he committed while living
28
in Arizona. Exhibit 7, 5-7; 13-14. As described above, Lough told the
UCE that he had stolen cars and cooked and distributed
methamphetamine, and he even expressed a willingness and ability to
sell methamphetamine in his hometown in Virginia. Exhibit 7, 12-13.
e. The April 7, 2017 Controlled Transaction
On April 4, 2017, Steever text messaged one of the FBI UCE’s and
asked, “Are we still working this weekend?” The UCE called Steever
and advised that the UCE would be in touch with Steever to let him
know. Exhibit 8, 1. On April 5, 2017, Steever and the UCE spoke by
phone to confirm the activities of the service unit. Exhibit 8, 2-3.
Steever also discussed a pump action shotgun that he recently
purchased from a friend of Henry Baird who had a vehicle and was
willing to help with “jobs”, referring to the service unit activities.
Exhibit 8, 2-3. According to Steever, Baird had been in prison with the
individual. Steever also texted a photograph of the shotgun with a
tactical pistol grip to the UCE. Exhibit 8, 2-3.
In an April 6, 2017 text exchange with Lough, Steever advised
him: “Come to my house after work. We work tomorrow morning.” In a
reply text message, Lough discussed arrangements to get gas money
29
from Robards for the trip, because he would not be able to pick up his
paycheck. Exhibit 8, 18.
On April 7, 2017 Lough, Baird, and Steever traveled in Lough’s
vehicle to a Dunkin Donuts in Harrisburg, where they met a UCE. The
UCE and Steever put a cardboard box and a duffel bag in Lough’s
vehicle. The UCE confirmed that the box contained four sear clips and
50 AR-15 lower receivers. Exhibit 8, 5-6. Lough, Baird, Steever, and
the UCE traveled to Hagerstown, Maryland where they met with
another UCE in the parking lot of a shopping center. Exhibit 8, 5-6.
Steever rode in the UCE’s rental vehicle to Maryland. During the
trip, Steever told the UCE that Baird had been in an altercation with
two black males the day before in which he had used brass knuckles.
Exhibit 8, 12-13. According to Steever, Baird had also attempted to
shoot a white male who had been hanging around the group, held the
gun to the victim’s head, and discharged the gun when the victim
pushed Baird’s hand away. Exhibit 8, 12-13. As they neared the
delivery location, the UCE switched to Lough’s vehicle and spoke to
Baird, who confirmed the shooting incident described by Steever. Baird
30
admitted that he tried to shoot the victim, but the round went past the
victim’s head and through the floor. Exhibit 8, 12-13.
After arriving in Hagerstown, Lough and Steever transferred the
firearms parts and the methamphetamine to the UCE vehicle. The
UCE provided $1,200 apiece to Lough, Baird, and Steever, and
explained that they were receiving more money because they also
helped transport guns and firearms parts in addition to
methamphetamine. Steever asked if they were going to get gift cards,
and the UCE said yes. Exhibit 8, 6. However, Steever advised that
Baird needed the money for restitution in a pending case and could not
get a gift card. Steever and Lough each bought $200 gift cards at a
Target store and provided them to the UCE. Exhibit 8, 6.
Six days later, On April 13, 2017, the FBI arrested Lough,
Steever, Robards, and Baird on criminal complaints and executed
search warrants at their residences, where they recovered firearms
from Baird and Steever. On May 5, 2017, the FBI arrested Stephen
Davis and Dykes following the return of the indictment on April 27,
2017.
31
B. ARGUMENT
Lough invokes the extraordinary defense of outrageous
government conduct and claims that law enforcement created new
crimes simply for the sake of bringing charges against him and
persuaded him to participate in the wrongdoing. However, the evidence
shows that FBI investigators successfully infiltrated the ASF-Combat
18 chapter in which Lough and his co-defendants were active members
and simply provided them with the opportunity to generate funds for
ASF operations by providing security and logistical support during the
transport of crystal methamphetamine and gun parts. Moreover, Lough
and his conspirators eagerly joined the criminal conspiracy, a venture
that was fully consistent with his admitted past involvement in a
skinhead group and methamphetamine trafficking in Arizona,
possession of firearms, and demonstrated commitment to the violent
and racist activities of the ASF-Combat 18,
1. Applicable Legal Standard
In United States v. Lakhani, the Third Circuit distinguished the
due process defense of outrageous government conduct from
entrapment, noting that unlike entrapment, which focuses on the
32
defendant’s predisposition to commit the crime, “the defense of due
process focuses exclusively on the conduct of the Government. If that
conduct is “so outrageous” as to be “shocking to the universal sense of
justice,” then the Due Process Clause can function as an “absolut[e] bar
[on] the [G]overnment from invoking judicial processes to obtain a
conviction.” 480 F.3d 171, 177-178 (3d Cir. 2007) (quoting United States
v. Russell, 411 U.S. 423, 431-32 (1973). “Although the requirement of
outrageousness has been stated in several ways by various courts, the
thrust of each of these formulations is that the challenged conduct must
be shocking, outrageous, and clearly intolerable ... . The cases make it
clear that this is an extraordinary defense reserved for only for the most
egregious circumstances.” United States v. Nolan-Cooper, 155 F.3d
221, 230-31 (3d Cir. 1998) (alteration in original) (quoting United States
v. Mosley, 965 F.2d 906, 910 (10th Cir. 1992).
In fact, decisions have often questioned whether any due process
defense of outrageous government conduct exists at all, independent of
the entrapment defense. See Nolan-Cooper, 155 F.3d 221, 229-31 (3d
Cir. 1998) (based on the Supreme Court’s seeming disavowal of earlier
dicta on which due process theory rests and refusal of many circuits to
33
recognize the doctrine, “it appears that the viability of the doctrine is
hanging by a thread”); United States v. Santana, 6 F.3d 1, 4 (1st
Cir.1993) (declaring the outrageous government misconduct doctrine
“moribund” in light of the fact that, in practice, “courts have rejected its
application with almost monotonous regularity”). In the words of the
First Circuit, “The banner of outrageous misconduct is often raised but
seldom saluted.” Santana, 6 F.3d at 4.
“While continuing to recognize, in theory, the outrageousness
defense,” the Third Circuit has “nonetheless observed that because of
the extraordinary nature of the doctrine, the judiciary has been
‘extremely hesitant’ to uphold claims that law enforcement conduct
violates the Due Process clause.” Nolan Cooper, at 230 (quoting United
States v. Voigt, 89 F.3d 1050, 1065 (3d Cir. 1996)). Indeed, since the
Supreme Court’s plurality decision in United States v. Hampton, 425
U.S. 484 (1976), narrowly maintaining the viability of the
outrageousness defense, the only opinion upholding the application of
the defense is the Third Circuit’s opinion for a divided panel in United
States v. Twigg, 588 F.2d 373 (3d Cir. 1978). While Lough depends
heavily on Twigg in asserting the outrageousness defense here, the
34
facts in that case are markedly different from the FBI investigation in
this one.
2. The FBI Properly Investigated Ongoing Criminal Activities

of the ASF and Did Not Create New Crimes for the Sake of
Bringing Charges Against Lough and the Co-Defendants.
In United States v. Twigg, the Third Circuit found that the
subjects of the DEA investigation there were not involved in any
ongoing methamphetamine laboratory, or otherwise engaged in any
illicit drug activity independent of the drug production facility set up by
an informant with supplies and materials provided by government
agents. 588 F.2d at 381. Unlike Lough and his co-conspirators, the
defendants Twigg and Neville were not members of an organized group
committed to violent extremism, but instead, as described by the Third
Circuit, were “lawfully and peacefully minding” their “own affairs.” Id.
at 381.
In this case, FBI investigators did not create new crimes simply
for the sake of bringing charges against a suspect that the government
itself has persuaded into participating in wrongdoing. See Nolan-
Cooper, 155 F.2d at 23; Twigg, at 379. Instead, the FBI independently
developed information concerning the suspected criminal activities of
35
the ASF-Combat 18 in Potter County through a number of investigative
sources, including the PSP, a CHS who attended meetings of the ASF,
and social media postings. As early as September 2016, the FBI
developed additional information that ASF and Combat 18 members
were meeting in Potter County to conduct weapons training, discuss
bomb-making, and engage in illegal firearms possession and trafficking,
and the distribution and cultivation of marihuana.
The FBI initially identified a number of ASF members, including
Steever, Stephen Davis, Ronald Pulcher, and ASF members from New
Jersey, Virginia, and New York who attended the ASF meetings in
Potter County. Through further review of social media posts, CHS
debriefing, and undercover investigation, the FBI identified Lough,
Baird, Robards, and Dykes who were active members of the ASF and
Combat 18, a white supremacist, neo-Nazi group whose members were
committed to using weapons and violence to promote the white race.
Through the ongoing investigation, the FBI learned that Steever and
Pulcher formed an ASF-Combat 18 service unit to obtain firearms and
other weapons to carry out their violent activities, and recruited other
36
active ASF members, including Lough, Baird, Robards, Dykes, and
Davis to participate in the service group activities.
The defense of outrageous government conduct applies only to the
most intolerable government conduct, and not to each time the
government acts deceptively or participates in a crime that it is
investigating. Lakhani, 480 F.3d at180. Thus the fact that the
government “is on all sides of a transaction – both buyer and seller –
does not a due process violation make.” Lakhani, 480 F.3d at 182;
United States v. Jannotti, 673 F.2d 578, 608 (3d Cir. 1982).
Investigations of crimes that are “ ‘difficult to uncover’ because ‘both
parties to the transaction have an interest in concealment’ ” are
afforded “greater latitude.” Id. at 183 (quoting Jannotti, 673 F.2d at
609).
In this case, the FBI was investigating active members of an
extremist group engaged in ongoing weapons violations and committed
to obtaining additional firearms, planning criminal activities, and
taking violent action to advance its racist, neo-Nazi agenda. The group
held meetings in rural locations where surveillance and other less
intrusive investigative techniques would have been difficult to conduct
37
without detection, and communicated about its activities through small
networks of individuals via the Internet. The illegal activities of the
defendants and other ASF and Combat 18 members involving firearms,
drug trafficking, and bomb-making posed a serious potential risk to
public safety and required the FBI to use undercover investigative
techniques to identify the members and activities of the criminal group
and to neutralize that risk.
Given the tight-knit nature of the ASF-Combat 18, its intense,
disciplined, and violent ideology, and its preference for meeting in
remote areas and communicating through an insular membership
network via social media, it is less likely that the FBI investigators
would have been able to detect its ongoing criminal activities, absent
the undercover investigation. For that reason, the defendants and their
criminal activities in the ASF-Combat 18 represent the kind of “fleeting
and elusive” and “difficult to detect crimes” requiring broader, and more
intensive methods of investigation. Lakhani, 480 F.3d at 182-83;
Twigg, 588 F.2d at 378;, Jannotti, 673 F.2d at 609. Accordingly, the
investigative conduct in this case was commensurate with the nature of
38
the criminal group and activities charged in the indictment, and
therefore does not rise to the level of a due process violation.
3. Lough and his Co-Defendants Provided Substantial

Logistical Support for Multiple Interstate Transfers of
Contraband.
In considering the application of the outrageousness defense, the
Third Circuit has examined the level of knowledge, skills and abilities
contributed by defendants to an illegal scheme. In Twigg, the Third
Circuit determined that neither defendant had the skills, expertise, or
“know-how with which to actually manufacture methamphetamine.”
588 F.2d at 381-82. In that case, the DEA informant furnished all the
laboratory expertise and received all the chemicals, glassware, and
equipment necessary to make methamphetamine from the DEA agents.
Id. In fact, defendant Twigg “contributed nothing in terms of expertise,
money, supplies, or ideas,” and would not even have shared in the
proceeds from the sale of the drug.” Id.
Here, in marked contrast, Lough, Steever, Baird, Dykes, and
Robards collaborated and coordinated to provide security and logistical
support for four separate transfers of methamphetamine and one
transfer of machine gun parts across state lines. Lough and Steever
39
participated in all four of the operations, and Lough supplied his own
vehicle on each of those occasions in support of the criminal activities.
Lough traveled a substantial distance from Virginia to New Jersey,
Pennsylvania, and Maryland to attend meetings to discuss the
operations and to participate in the transport of crystal
methamphetamine and machine gun parts. Moreover, Lough and his
confederates fully expected to be paid for their efforts, and they jointly
obtained gift cards with the criminal proceeds to fund the purchase of a
wide variety of firearms, including pistols and assault-style rifles.
4. Lough and his Co-defendants Were Predisposed to Commit

the Offenses.
While distinguishing between the defense of entrapment from a
due process claim of outrageous government conduct, the Third Circuit
also has cautioned that due process should not be used merely as a
device to circumvent the predisposition test of the entrapment defense.
Lakhani, 480 at 180; Nolan-Cooper, 155 F.3d at 231; Jannotti, 673 F.2d
at 608. Notwithstanding whether criminal predisposition should
preclude a due process defense, as a practical matter, the question of
the defendant’s predisposition to commit the crime is inherently related
to the alleged outrageousness of the government conduct while
40
investigating the crime. As Justice Powell emphasized in Hampton v.
United States, “the cases, if any, in which proof of predisposition is not
dispositive will be rare. Police overinvolvement in crime would have to
reach a demonstrable level of outrageousness before it could bar
conviction. This would be especially difficult to show with respect to
contraband offenses, which are so difficult to detect in the absence of
undercover Government involvement.” 425 U.S. 484, 495 n. 7 (1976)
(concurring in the judgment).
Consistent with Justice Powell’s point about the dispositive effect
of criminal predisposition (or the lack thereof), the Third Circuit in
Twigg , upheld a claim of outrageousness where there was little
evidence that the defendants were predisposed to commit the crime, or
even aware of the ultimate illegal purpose of the errand they performed.
588 F.2d at 381-82. In contrast, the Third Circuit in Lakhani found
substantial evidence of predisposition, and as a result the Court of
Appeals had no difficulty holding that the government conduct did not
rise to the level of a due process violation. 480 F.3d at 182-83. In
rejecting the due process defense in Lakhani, the Third Circuit
distinguished Twigg, the only case in which the Third Circuit has held
41
that the government’s conduct offended due process. In Twigg, the
government agent proposed to the defendants setting up a
methamphetamine lab, acquired the production site and all the
equipment and raw materials, and was in complete charge of the lab,
while the defendants’ assistance was minor and at the specific direction
of the government agent. Lakhani, on the other hand, involved an
international terrorism investigation in which the government agent
solicited the defendant to acquire a missile, but the defendant eagerly
agreed, made several trips to the Ukraine in search of the missile, relied
on his own experience in the arms trade, communicated with three
separate arms companies, falsified shipping documents, and deployed
his own money laundering network. 480 F.3d at 182.
Here, the proof of Lough’s and his co-conspirators’ criminal
predisposition effectively disposes of his claim that the investigative
efforts were outrageous. Like the defendant weapons trader in
Lakhani, Lough, Steever, Baird, and Dykes responded readily and
eagerly to the project proposals presented by the UCE’s to generate
funds to acquire firearms to carry out the ASF-Combat 18 program. Id.
at 179-80 (predisposition reflected in “ready response” to government-
42
initiated arms deal). In fact, Lough and his confederates told the UCE’s
that they were available anytime for service unit assignments. As
Lough assured the UCE, “. . . that’s why I always make sure people …
call me, cause I always need the money . . . I’m always ready to go.”
Exhibit 7, 9-10.
Moreover, although he did not travel overseas multiple times like
the arms trader in Lakhani, Lough and his conspirators traveled
considerable distances from New Jersey, Virginia, Maryland, and
Pennsylvania both to attend planning sessions for ASF-Combat 18
service unit activities and to actually transport drugs and machine gun
parts and conduct financial transactions with cash proceeds from the
criminal activity. Cf. id. at 180 (multiple self-funded overseas trips
revealed defendant’s predisposition to commit criminal offense). Lough
and Steever conferred via text message concerning ASF-Combat 18
members who were available to participate in the service unit projects,
meeting times and locations, and other logistical aspects of their
criminal activities. In addition, they contributed a portion of their
earnings from providing security and transportation of contraband
43
toward a pool of gift cards to be used in acquiring firearms for the ASF-
Combat 18 service unit.
Moreover, unlike the defendant in Twigg who was unaware of the
ultimate purpose of their efforts until it was explained by an informant,
Lough and his conspirators fully understood that they were
transporting crystal methamphetamine and machine gun parts. In fact,
Lough described for the UCE his past experience in Arizona making
and “slinging” meth. And, in contrast to the Twigg defendants who
“contributed nothing in terms of expertise, money, supplies, or ideas” to
the criminal activity, Lough, Steever, Baird, Dykes, and Robards offered
their access to a network of ASF-Combat 18 members to assist in the
criminal activities and provided direct logistical support and security
for multiple transfers of contraband.
Finally, it is highly likely that given their demonstrated
predisposition for acquiring weapons and firearms, ranging from
assault-style rifles to brass knuckles, Lough and his co-defendants and
defendants would have obtained firearms through illegal means,
regardless of their participation in the service unit opportunities
developed through the undercover investigation. Lough and the
44
codefendants were involved in ongoing criminal activities with other
ASF-Combat 18 members before the UCE’s ever proposed the
opportunity to participate in the transportation of crystal
methamphetamine and machine gun parts. They readily responded to
the illicit proposal presented by the UCE’s, with full knowledge it was
illegal, and applied their prior criminal experience and mobilized their
existing network of ASF-Combat 18 members to carry out the offenses.
45
C. CONCLUSION
For the foregoing reasons, the United States respectfully requests
the Court to deny Lough’s motion to dismiss for alleged outrageous
government misconduct.
Respectfully submitted,
DAVID J. FREED
United States Attorney
s/George J. Rocktashel
GEORGE J. ROCKTASHEL
Attorney I.D. No. PA 44922
United States Attorney’s Office
240 West Third Street, Suite 316
Williamsport, PA 17701
Telephone: 570-326-1935
Facsimile: 570-326-7916
Email: [email protected]
Date: March 9, 2018
46

UNITED STATES OF AMERICA : CRIM. NO. 4:17-00139-4

:
v. : (JUDGE BRANN)
:
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this Friday, March 9,

2018, he served a true and correct copy of the foregoing

DEFENDANT JUSTIN LOUGH’S MOTION FOR
REVOCATION OF DETENTION ORDER
by ECF to:
Addressee: D. Toni Byrd, Esquire

[email protected]
s/George J. Rocktashel
GEORGE J. ROCKTASHEL
Attorney I.D. No. PA44922
47

Aryan Strikeforce Case: Federal Opposition To Dismissal

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Case 4:17-cr-00139-MWB Document 142 Filed 03/09/18 Page 1 of 50

UNITED STATES DISTRICT COURT

UNITED STATES OF AMERICA : CRIM. NO. 4:17-CR-00139-4

BRIEF OF THE UNITED STATES IN OPPOSITION TO

DATE: March 9, 2018

A. RELEVANT FACTUAL BACKGROUND……………………………1

1. The Aryan Strike Force and Its Members’ Commitment to

2. The Defendants’ History of Violence, Firearms & Drug

3. Infiltration of ASF by FBI to Neutralize Ongoing Threats

1. Applicable Legal Standard……………………………………...32

2. The FBI Properly Investigated Ongoing Criminal

3. Lough and his Co-Defendants Provided Substantial

4. Lough and his Co-Defendants Were Predisposed to Commit

CERTIFICATE OF SERVICE …………………………………………….. 47

United States v. Hampton,

United States v. Jannotti,

United States v. Lakhani,

United States v. Nolan-Cooper

United States v. Santana,

United States v. Twigg,

UNITED STATES DISTRICT COURT

UNITED STATES OF AMERICA : CRIM. NO. 4:CR-16-00139-4

BRIEF OF THE UNITED STATES IN OPPOSITION TO

The United States hereby opposes defendant Justin Lough’s

motion to dismiss for alleged outrageous government conduct. (ECF

A. RELEVANT FACTUAL BACKGROUND

The indictment charges Lough and other members of the Aryan

Strike Force (ASF) and Combat 18 with conspiring and attempting to

transport multiple pounds of methamphetamine, 50 Colt AR-15

receivers, and four Glock sear full-automatic inserts on behalf of other

members of the ASF-Combat 18, who were actually FBI undercover

employees. Consistent with the ASF-Combat 18 mission, Lough and his

co-defendants engaged in this criminal conduct to generate funds for

the acquisition of firearms and ammunition. While a patched member

of the ASF, Lough participated in each of four separate efforts to

transport 16-pound shipments of methamphetamine from Pennsylvania

to Maryland on December 4, 2016, January 17, 2017, March 12, 2017,

transporting 50 AR-15 receivers and Glock sear automatic inserts. In

addition, he conspired with his co-defendants to conduct money

laundering transactions through the purchase of Target gift cards with

cash proceeds of the drug distribution offenses.

Well before the undercover investigation and controlled drug and

firearms transactions resulting in the criminal violations charged in the

indictment, the FBI received information from a number of sources

about ongoing illegal activities involving illegal firearms possession,

drug distribution, and other offenses committed in Potter County and

elsewhere involving members of the Aryan Strike Force (ASF). Those

sources included the Pennsylvania State Police (PSP), confidential

enforcement sources. The investigation revealed that even before the

controlled drug and firearms transactions Lough and his co-defendants

were established members of the ASF who had participated in prior

criminal activities involving methamphetamine, and other drugs,

firearms, weapons offenses, and aggravated assaults.

1. The Aryan Strike Force and Its Members’ Commitment to

a. The ASF Mission and Members

Prior to the offenses charged in the indictment, defendants Lough,

Joshua Steever, Henry Baird, Stephen Davis, Jacob Robards, and

Connor Dykes were “patched” members of the ASF. According to the

mission statement posted on its website, the ASF is a “white nationalist