A Parrottsville man with a long history of convictions for making untaxed whiskey is facing new federal moonshine-manufacturing, moonshine-selling and firearms charges in U.S. District Court here.

At the conclusion of a 10 a.m. Friday hearing, U.S. Magistrate Judge Dennis Inman ordered Marvin "Popcorn" Sutton, 61, of 324 Upper Road, Parrottsville, detained in the custody of the U.S. Marshal pending March 28 detention and preliminary hearings.

Sutton, according to several Web sites, is the author of a self-published book about making moonshine as well as having been featured in a documentary shown recently on cable television's Discovery Channel.

Sutton had been named in a four-count criminal complaint filed March 13 by Gregory Moore, a special agent with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE).

The criminal complaint charges that on or about Feb. 14, 2008, Sutton, having been

previously convicted of a crime punishable by imprisonment for a term exceeding one year, "did knowingly possess, a Star .380 caliber, semi-automatic pistol."

The second count of the federal complaint charges that "from a time unknown but by early 2007," and continuing up to March 13, 2008, Sutton, aided and abetted by another man, identified as Billy Hux, "did knowingly produce distilled spirits by distillation from mash and other material."

Hux, according to the U.S. Attorney's office, had not been taken into custody as of Friday and was still being sought.

Neither man was, during the period specified, "a distiller authorized by law to produce distilled spirits," according to the criminal complaint.

The third count of the criminal complaint alleged that Sutton, aided and abetted by Hux, carried on a business subject to a special tax imposed by Title 26, United States Code, on dealers in distilled spirits, "and willfully failed to pay the special tax as required by law."

The fourth count of the complaint charges that between Feb. 7, 2008, and Feb. 28, 2008, Sutton, aided and abetted by Hux, "did transport, possess, sell and transfer distilled spirits for which the immediate containers did not bear the type of closures and other devices required by [federal law]."

The new federal charges against Sutton are expected to result in the filing of a state probation-revocation warrant in Cocke County against Sutton, Assistant U.S. Attorney Robert Reeves told Judge Inman during Sutton's Friday morning court appearance here.

On July 7, 2007, in the Criminal Court of Cocke County, Sutton had been sentenced to a term of two years' probation for possession of untaxed liquor in excess of three gallons, according to an affidavit filed in support of the federal criminal complaint.

On Friday, Asst. U.S. Attorney Reeves told Judge Inman that he understood the Fourth Judicial District Attorney's office planned to file a probation-revocation warrant against Sutton and asked that Sutton be held in custody pending the filing of that charge.

The federal criminal complaint noted that the most recent state charge against Sutton was filed after an April 24, 2007, incident in which several local fire departments responded to a reported fire at Sutton's 324 Upper Road, Parrottsville property.

"The fire was extinguished and the owner of the property (Sutton), was interviewed," the federal criminal complaint said.

"During the interview Sutton admitted his knowledge of the presence of approximately 650 gallons of untaxed alcohol, commonly referred to as 'moonshine' and further admitted to knowingly and willingly manufacturing the moonshine with the operable moonshine still that was on his property."

The "crime scene investigation, evidence seized and interviews conducted concluded that Sutton was knowingly manufacturing and possessing moonshine," according to the criminal complaint.

The federal criminal complaint lists other previous convictions for moonshine-related crimes on Sutton's record.

In 1974, according to the complaint, he was investigated by the Bureau of Alcohol, Tobacco, and Firearms and later charged for multiple violations of the Internal Revenue Laws pertaining to liquor. "Sutton was convicted of the aforementioned charge and was sentenced in 1975," the complaint said.

In 1981, Sutton was convicted and sentenced in the Haywood County Superior Court, N.C., for felony possession of a controlled substance and received a five-year sentence.

In 1985, Sutton was convicted and sentenced in the Haywood County Superior Court in North Carolina for felony assault with a deadly weapon with intent to kill. Sutton received a three-year sentence.

On February 7, 2008, according to the federal criminal complaint, an agent of the Tennessee Alcoholic Beverage Commission (ABC), functioning in an undercover capacity, met Sutton "for the purpose of purchasing moonshine in excess of 50 gallons."

The undercover agent initially met Sutton at his Parrottsville residence and engaged Sutton in conversation, according to the complaint.

"During the conversation, Sutton advised the undercover agent that Sutton currently had firearms and moonshine in his possession," the complaint said.

"Sutton also advised the [agent] that [he] has been engaged in the business of manufacturing and distributing moonshine for many years."

After that conversation, the [agent] loaded a few gallons of moonshine in his vehicle and then was taken to 127 Loftis Road, Parrottsville, by Sutton.

While at the Loftis Road location, the agent, Sutton and an individual identified as "Billy" (later identified as Billy Hux) loaded approximately 80 gallons of moonshine into the agent's vehicle, according to the complaint.

During a conversation at the Loftis Road location, Sutton allegedly told the agent "that several individuals had recently each acquired in excess of 50 gallons of moonshine from him."

On Feb. 14, 2008, an agent of the Alcoholic Beverage Commission, acting in an undercover capacity, was shown by Sutton "a Star .380-cal. pistol and an unknown manufactured revolver in .38 caliber."

Also on that date, Sutton and the undercover agent loaded approximately 100 gallons of moonshine into the agent's vehicle.

On Feb. 28, the undercover agent again met Sutton at his Parrottsville residence. On that date, according to the affidavit, the agent, Sutton, and an individual who identified himself as Billy Hux loaded approximately 100 gallons of moonshine into the agent's vehicle.

The affidavit filed in support of the criminal complaint alleged during the week of March 3, 2008, the undercover agent had a phone conversation with Sutton in which Sutton said "he had conducted a count of all moonshine" that he (Sutton) currently had available to sell.

"Sutton advised that he had 500 gallons in Tennessee and 400 gallons in Maggie Valley, N.C.," the criminal complaint said.

On March 12, Sutton took the undercover agent to the Loftis Road location and showed the agent that he had 500 gallons of moonshine in a storage building there, according to the complaint.

On the same day, Sutton and Hux took the undercover agent to a barn located off Scott Pond Road in Parrottsville, according to the complaint.

"Inside the barn were three moonshine stills," the federal criminal complaint said. "The undercover agent estimated that the smallest of the stills was 500 gallons and the largest was twice that capacity. Two of the stills were operating and the third still was being prepared for cooking."