Gun theives sentenced

[Smoke4320]

From the ATF newsletter sent to dealers

New Press Release – Lexington Men Sentenced for Burglary of Firearms Dealer
Greensboro, N.C. – A Lexington man and two codefendants were sentenced on September 26, 2017, for the theft of firearms from a registered firearms dealer, announced Acting United States Attorney Sandra J. Hairston. Anthony Derek STEELE, 25, of Salisbury, N.C., was sentenced by the Honorable Catherine C. Eagles, United States District Judge, to imprisonment for 120 months, followed by three years of supervised release and restitution in excess of $15,000.00. On May 11, 2017, STEELE pleaded guilty to a violation of 18 U.S.C. § 922(u) and 924(i)(1) and (2), theft of firearms from a registered firearms dealer.

[Smoke4320]

Now from previous experience the dealer will NEVER see a dime of the ordered restitution but at least the thief will spend 10 years in jail
Minus any early release posibilities

[RogerDat]

Let me be the first to say I would have been happy to see a few more than 10 years, still glad that judge didn't just give him a slap on the wrist.

I think they should do with gun theft what one state did with gun possession during a crime. I think it was Virginia or W. Virginia that would charge the crime in state court then as soon as the state judge passed sentence on the state charge the criminal was taken to a federal court and charged with a federal gun crime violation. Criminal had to serve state sentence for the underlying crime before being transferred to federal custody to start that federal firearms violation sentence.

In a matter of a few months the street corner dope dealers and gang bangers were all carrying knives. Criminals are stupid but not so stupid that they can't understand get busted for dope in your pocket while holding a gun, and you are going to get 5 years of federal time to do for the firearm AFTER the state sentence, probably in a federal prison located far away from your family and friends.

Love to see that for guns stolen in burglary from home or business. Bet it wouldn't take long for the people robbing houses to decide to "skip" the guns or gun safe because doing 5-7 years on the state charge for the breaking and entering followed by 10 years federal time changes the whole risk / reward proposition. Stolen guns typically end up in the hands of criminals so reducing that illegal flow would have a reasonable chance at reducing gun crime.

[Smoke4320]

I could agree with that ..
late 80's and early 90's in NC we had an extreme problem with convenience store robberies
State finally decided to make a Min 7 year sentence if you used a gun to rob a store .. robberies dropped 90 %
They have started to inch back up as the economy crashed

[jdfoxinc]

The federal gun charges have to be filed by the federal ADA. during Carter's and Clintons administration federal charges weren't filed very often.

[HeavyMetal]

it all boils down to budget money! Here in California they turn lesser thugs loose all the time because they have no place to house them and it cost money to feed prisoners, so unless your really really bad to the bone a 5 year sentence is over in months.

Since the thugs know this they have no fear of doing stupid stuff like selling drugs on the street since thats a slap on the wrist, heck in most cities here they cuff you write a ticket and then let you loose! If you show in court your considered a good citizen and offers rehab, or welfare to get back on your feet.

It sucks because the system is being played by 1000's here!

Like to see federal aid to welfare programs adjusted so only the needy are helped, people with criminal records should not be eligible.

A pipe dream I'm sure but as long as the programs stay the way they are nothing will change.

Hope the crew in the OP's post actually serve the full 10 years but I bet they are out in Two because of overcrowding.

HM

[bedbugbilly]

Yep! And regardless of what "justice" is handed out - we all end up paying for their incarceration. At least they are off the streets though. And we all know if the Left got there way in gun control and the 2nd Amendment - those criminals would not have access to guns and would be walking the straight path and attending Sunday School every week . . . .

[Bookworm]

Generally speaking, in Federal sentences, one will do at least 90% of the sentence before being considered for parole.
Not so in state sentences, but the Feds have more money - they can print it whenever they choose.

[Duckiller]

I have a problem with someone being charged in federal and state courts. I know courts don't agree with me but I think it is double jeopardy. Let the two prosecutors decide who has the best case and try some in that court. If they don't convict,so be it. An innocent person won't commit a crime or get where he may be charged again. A crook will continue to commit crimes and will get caught several times. Sooner or later a DA or Fed Att will get a conviction.

[Walkingwolf]

I have a problem with someone being charged in federal and state courts. I know courts don't agree with me but I think it is double jeopardy. Let the two prosecutors decide who has the best case and try some in that court. If they don't convict,so be it. An innocent person won't commit a crime or get where he may be charged again. A crook will continue to commit crimes and will get caught several times. Sooner or later a DA or Fed Att will get a conviction.

As long as it is for separate charges there is no double jeopardy. A defendant can be state charged for a violent state crime, and then charged in federal court for gun charges. Though most cases like NC there are laws very much simular to federal laws. But charging them in state statutes for gun crimes ends in a concurrent sentence.

[MUSTANG]

I have a problem with someone being charged in federal and state courts. I know courts don't agree with me but I think it is double jeopardy. Let the two prosecutors decide who has the best case and try some in that court. If they don't convict,so be it. An innocent person won't commit a crime or get where he may be charged again. A crook will continue to commit crimes and will get caught several times. Sooner or later a DA or Fed Att will get a conviction.

Duck Killer; a slight exception with your observation: Not the one (State or Fed's) with the best case, rather the one with the Constitutional Role. Our US Constitution calls out those things the US Government is responsible for; and all else if Reserved to the States and the Citizens. The "Dual Charges" are nothing more than an indication of either the State or the Federal Government (or both) being involved in an area they have no true Constitutional Authority over. As an example, a murder would be the realm of the particular State, unless it occurred on legitimate Federal Property or in the Military Services.

[RogerDat]

If there is a federal law violated, and a state law violated it isn't double jeopardy any more than charging someone with kidnap, rape and murder for abducting the victim they rape and then kill is double jeopardy.

Since Congress has passed laws that define federal crimes, and funded prosecutors, judges, defense attorneys and prisons for these federal crimes I see no reason to not enforce federal laws duly passed. Especially as it was at least in the instance I read of very effective in causing criminals to stop carrying firearms. Given a choice I would prefer good guy with a gun meeting bad guy with a knife over both having firearms.

Too often legislators pass laws to look "tough" while not supporting enforcement (which cost taxpayer money) So many tough state laws are little more than a bargaining chip or leverage to get a plea to a lessor charge. With little to no effect on criminal behavior. The state prisons we overcrowd with non-violent offenders at great taxpayer expense leave less to fund incarceration of the truly dangerous and if we can use federal budget to target and clean up dangerous neighborhoods or cities I don't think it would be wasting money.

[Walkingwolf]

Most prisons hold mostly violent offenders, non violent are usually incarcerated in local jails. The myth of the poor non violent prisoners in violent prisons is just that, a myth. First off most non violent crimes will end with time served in the local jail, unless the criminals are repeat offenders, OR have a violent past.

[CLAYPOOL]

LOCK THEM UP at both. I have a F.F.l. and that is a sign that says here is money and firearms. Also as I am older that also means there is lots of Prescriptions available to load also. I carry 24 -7 night and day,and have 2 houses watching the same for me. The good news is I WON'T die in a nursing home... The locals around here know me and My concealed range helps with the knowledge that I am one one the best shots here. All the kids talk to there buds about the "OLD MAN" that will shoot. The good news is also that a lot of women and older people here a bouts have got excellent training from my Police Check that conducts it. He will go the extra mile to help any one. I tell all the women that he will have group or privet classes for males or females .We have had several people with Disability's that have had a VERY GOOD EXPERIENCE with there training. Drive right up to the firing range.

[RogerDat]

Most prisons hold mostly violent offenders, non violent are usually incarcerated in local jails. The myth of the poor non violent prisoners in violent prisons is just that, a myth. First off most non violent crimes will end with time served in the local jail, unless the criminals are repeat offenders, OR have a violent past.

Not really a myth. Local jail sentence is limited to 1 year or less. A lot of drug crimes are non-violent offenders. Between mandatory minimums which require more than 1 year sentence all lead to prison time not jail time since judge has no discretion in sentence. Violent crime has been dropping for decades (with slight uptick in a few locations in the last year or two) but despite a massive drop in violent crime in the FBI and most state statistics the prison population has had a massive increase.

More prisoners in prison from fewer violent crimes clearly supports my point. Some of that might be laid to longer sentences keeping people in causing a prison population increase over time but much of it I believe can be laid at poorly thought out laws. Along with treating crime as a political issue rather than a problem to be thoughtfully solved. Many of our laws on drugs or mandatory penalties are no better than the laws proposed by the anti-gun crowd, difference is no powerful lobby exists to fight stupid laws that only effect "criminals" even though the laws impact everyone through the tax burden or overloaded court systems. And of course having to "reduce" overcrowding not by laws or on merits during sentencing but through parole system and "good time".

Think about it fewer violent crimes nearly every year for decades while our prisons fill up to over capacity no matter how many we build, and our courts are buried in cases. Oh and check the number of police officers in your states large cities or county/state force. Overall the numbers have dropped by thousands so good chance they will have dropped where you live. I think I have pretty solid evidence for my claim of non-violent offenders being in prison and a waste of money.

[Lloyd Smale]

they will probably be out on parole in less then 3 years. back on the street and like was said the gunshop owner will be left with nothing even if the unbelievable happens and they pay even 50 bucks of that 15k they owe. Chances are they will come out and go on welfare and we will pay the for what they did. The government will also spend thousands of your tax dollars keeping them in prison for that 3 years, on parole and probation officers, and all the paper work that goes with it.

[FISH4BUGS]

I have a problem with someone being charged in federal and state courts. I know courts don't agree with me but I think it is double jeopardy. Let the two prosecutors decide who has the best case and try some in that court. If they don't convict,so be it. An innocent person won't commit a crime or get where he may be charged again. A crook will continue to commit crimes and will get caught several times. Sooner or later a DA or Fed Att will get a conviction.

Easy explanation: different charges, different courts, different jurisdictions. One is for the crime, let's say robbery at the State level, the other is illegal possession/use of a gun in a crime, a federal charge. I have no problem with that whatsoever.
Kinda like those federal civil rights violation prosecutions after someone is tried at the state level for something. Kind of the the same crime but different charges.