MISSION, SD – Bryan Herman, 55, of Mission, South Dakota, is headed to federal prison after being sentenced for illegally possessing and selling a firearm while battling a prescription painkiller addiction. Chief Judge Roberto A. Lange of the U.S. District Court handed down the 18-month sentence on August 10, 2020, followed by three years of supervised release.
Herman was initially indicted by a federal grand jury on September 10, 2019, and ultimately pled guilty on February 26, 2020, to the charge of Possession of a Firearm by a Prohibited Person. The case stems back to July 15, 2016, when Herman took possession of a .45 caliber, semi-automatic pistol and quickly pawned it in Nebraska.
Court documents reveal Herman was actively using and addicted to prescription painkillers at the time – substances classified as controlled under federal law. The sale wasn’t about profit; it was about survival. Herman had lost his job after failing a drug test and used the money from the firearm to continue fueling his habit. A clear picture of desperation painted in the details of this case.
Federal authorities aren’t letting up on gun crime. This case is part of the Department of Justice’s Project Safe Neighborhoods (PSN), a nationwide initiative aimed at reducing violent crime through collaboration between all levels of law enforcement and local communities. The DOJ reinvigorated PSN in 2017, doubling down on efforts to target violent criminals.
Further bolstering the crackdown, the case also falls under Project Guardian, the DOJ’s signature initiative to reduce gun violence and enforce federal firearms laws. Launched in 2019, Project Guardian focuses on enhanced coordination between federal, state, and local agencies, along with improved information sharing regarding prohibited individuals attempting firearm purchases. More information on Project Guardian can be found at https://www.justice.gov/projectguardian.
The Federal Bureau of Investigation (FBI) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) led the investigation, with Assistant U.S. Attorney Michael Elmore prosecuting the case. Herman was immediately taken into custody by the U.S. Marshals Service to begin serving his sentence. In addition to the prison term, Herman was ordered to pay $575 in restitution and a $100 assessment to the Federal Crime Victims Fund.
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Key Facts
- State: South Dakota
- Agency: DOJ USAO
- Category: Weapons|Drug Trafficking|Violent Crime
- Source: Official Source ↗
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