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Erie Man Charged with Firearm Possession
A 43-year-old Erie, Pennsylvania resident was charged with illegally possessing a firearm and ammunition, according to a federal grand jury indictment.
James Presley was accused of unlawfully possessing a Hi Point 9mm firearm on May 15, 2014, in Luzerne County. The indictment alleges that Presley was a convicted felon at the time of the offense.
The charge stems from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Pennsylvania State Police.
If convicted, Presley faces up to 10 years in prison and a $250,000 fine.
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute is 10 years imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Pennsylvania’s state and federal laws prohibit individuals with felony convictions from possessing firearms or ammunition.
The case is still ongoing, and no trial date has been set.
Key Facts
- State: Pennsylvania
- Category: Violent Crime
- Source: DOJ Press Release â†â€â€
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