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Update: Iconic moonshiner sentenced to 18 months

WBIR.com      Updated: 1/26/2009 9:17:43 PM    Posted: 1/26/2009 12:17:54 PM

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A well-known Cocke County moonshiner has been sentenced to 18 months in jail for the most recent charges against him.

This afternoon Cocke County moonshiner Marvin "Popcorn" Sutton will learn his fate in federal court.

Last year, Marvin "Popcorn" Sutton pleaded guilty to one count of possession of a firearm by a felon, and to one count of knowingly distilling spirits.

The first charge carries a maximum sentence of 10 years in prison and a $250,000 fine. The second carries a maximum sentence of five years in prison and a $250,000 fine.

Sutton was sentenced to 18 months of incarceration on each charge, set to be served at the same time. He was also sentenced to two years of supervised release on each charge, also to be served at the same time.

At his sentencing hearing Monday, Sutton's attorneys said Sutton was in poor health and that he had few remaining years. Sutton told the judge that he rather die at home than behind bars. They also argued that Sutton's moonshining past was behind him and he would not re-offend.

The prosecution brought an agent from the Bureau of Alcohol, Tobacco, and Firearms to the stand to describe what agents found during past raids.

The judge in the case noted he had received many letters asking for lenience for Sutton, referencing Sutton's health and the heritage of moonshining.

As part of his plea agreement, Sutton agreed to allow his moonshining photos and videos and criminal history to be used to further the education and deterrence goals of Project Safe Neighborhoods.

Sutton has a well-known history of moonshining, including instructional video production.