Brett John Schmerbach, Felon in Possession of Firearms, IA 2016

Brett John Schmerbach, 44, of Holy Cross, Iowa, is headed to federal prison after pleading guilty to possessing firearms as a convicted felon. On December 30, 2016, Schmerbach was found in possession of three guns at his residence during a lawful search conducted under a warrant. The weapons included a Browning BPS Micro Midas 20 gauge shotgun, a Remington 870 Express Magnum 12 gauge shotgun, and a Henry Repeating Rifle Company H004 Golden Boy .22 caliber rifle.

At the time of the discovery, Schmerbach was prohibited from owning firearms due to two prior felony convictions for operating while intoxicated. His criminal history caught up with him when law enforcement executed the search, uncovering not only the firearms but also methamphetamine, drug paraphernalia, and ammunition stashed inside his home. The find painted a damning picture of a man living outside the law.

Schmerbach entered his guilty plea on September 24, 2017, in the United States District Court for the Northern District of Iowa. He was sentenced by Judge Linda R. Reade in Cedar Rapids to 12 months in federal prison, a $5,500 fine, and a mandatory $100 special assessment. He will also serve a 3-year term of supervised release following his incarceration—a period during which any slip-up could land him back behind bars.

There is no parole in the federal system, meaning Schmerbach must serve at least 85% of his sentence before release. He is currently in U.S. Marshal’s custody, awaiting transfer to a federal correctional facility. Originally released on supervision after indictment, Schmerbach was later detained for violating court-imposed conditions, signaling early red flags about his compliance.

The case was prosecuted by Assistant U.S. Attorney Emily K. Nydle and investigated by the Delaware County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). It was brought as part of Project Safe Neighborhoods (PSN), the Department of Justice’s nationwide initiative to combat violent crime by targeting illegal gun possession among high-risk offenders.

Attorney General Jeff Sessions, who prioritized violent crime reduction in 2017, pushed for the reinvigoration of PSN, urging U.S. Attorney’s Offices to strengthen district-level enforcement strategies. Schmerbach’s case, filed under 17-cr-02059, exemplifies the federal crackdown on armed felons. Court records are accessible via the Northern District of Iowa’s electronic filing system. Follow @USAO_NDIA for updates on federal prosecutions in the region.