Herbert Small, Felon in Possession of Firearms and Ammunition, Massachusetts 2023

BOSTON, Mass. – In a shocking turn of events, Herbert Small, a 22-year-old Boston man, has been indicted for unlawfully possessing a firearm and ammunition and distributing cocaine.

According to the indictment, on Aug. 17, 2023, Small sold 25 grams of cocaine and two firearms – a .22 caliber revolver and a .40 caliber pistol with a magazine containing 11 rounds of ammunition – to a cooperating witness in Dorchester. On Oct. 16, 2023, Small again sold approximately 70 grams of cocaine base (commonly known as crack cocaine) to the same cooperating witness.

Small is prohibited from possessing firearms and ammunition due to a previous federal drug conviction in 2017.

The charge of being a felon in possession of firearms and ammunition provides for a sentence of up to 15 years in prison, three years of supervised release, and a fine of $250,000. The charge of conspiracy to distribute and possess with intent to distribute controlled substances provides for a sentence of up to 20 years in prison, at least three years of supervised release, and a fine of $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

Herbert Small, 22, was indicted with one count of being a felon in possession of a firearm and ammunition and two counts of distribution and possession with intent to distribute controlled substances. He was arraigned in federal court in Boston today. Small was previously charged by complaint on Oct. 24, 2023, and has remained in custody since his arrest on Nov. 7, 2023.

Acting United States Attorney Joshua S. Levy and James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Office, praised the cooperation of the Boston Police Department in this case. Assistant U.S. Attorneys Philip C. Cheng and Lucy Sun of the Office’s Organized Crime & Gang Unit are prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone.

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