Felon in Possession of a Firearm Charges Sentenced to No Jail After Attorney Barrett's Argument in Rhode Island Federal Court
CRIMINAL CHARGES: Man arrested by the Bureau of Alcohol Tobacco and Firearms Agency and Charged in U.S. District Court for the District of Rhode Island located in Providence, RI for Felon in Possession of a Firearm and Possession of a Machine Gun.
CASE OVERVIEW: The Bureau of Alcohol Tobacco and Firearms (ATF), along with state and local law enforcement agencies, investigated machine gun conversion devices that were illegally imported into the United States, including Rhode Island. The ATF conducted a nationwide recovery effort as a “high priority”, focusing on the devices in the possession of “people who may be a danger to the community.” During the investigation, ATF and customs officials identified more than 2,900 packages containing conversion devices that were shipped into the United States from China. The devices render semi-automatic Glock pistols into fully automatic weapons and are considered machine guns under federal law. ATF agents obtained PayPal account information linked to the Chinese exporter – which revealed over 3,800 sales transactions by US customers who illegally purchased and obtained the weapons. Further investigation by the ATF led the agency to assert that the client's girlfriend purchased four guns, including three Glock pistols for him. ATF made an arrest of the client shortly after the devices for converting the Glocks to automatic weapons were delivered to the client's home. The client was charged in U.S. District Court for the District of Rhode Island for his role in possessing the firearms and machine gun parts. The client retained Federal Felon in Possession Attorney Kensley R. Barrett, to defend him in these matters. Attorney Barrett first helped the client obtain $12,000.00 that was seized by the ATF. Attorney Barrett also worked tirelessly with members of the U.S. Attorney's Office in Rhode Island to reach a plea agreement in the client's case. The agreement called for client's guilty plea in Rhode Island Federal Court to Felon in Possession of a Firearm and Possession of a Machine Gun.
Three years of probation with 3 months of supervised release and six months at a halfway house.
The client's U.S. Sentencing Guidelines provided for a recommended jail sentence of 33 – 48 months. At sentencing, Attorney Barrett emphasized the client's young age, acceptance of responsibility, substance abuse problems – and maintained sobriety, steady employment, remorse, post-arrest conduct, and more. Based on Attorney Barrett's sentencing memo and related arguments, the Court accepted his sentencing recommendation that the client should not be sentenced to serve any time in jail.
Practice area(s): Federal Crime
Court: Rhode Island Federal District Court