United States of America v. Kenneth Eugene Cherry, Jr.

Philadelphia, PA - Prolific Philadelphia Illegal Firearms Trafficker Convicted at Trial



Kenneth Eugene Cherry, Jr., 31, of Philadelphia was convicted at trial of multiple criminal firearms offenses: dealing in firearms without a license, possession and transfer of a machine gun, possession of an unregistered firearm, possession of a firearm with an obliterated serial number, and multiple counts of possession of a firearm by a convicted felon.



From August 2018 until February 2019, Cherry and other co-conspirators trafficked firearms from Virginia to Philadelphia, where Cherry illegally sold them on the street for profit. During this period, Cherry sold a total of 26 firearms to an undercover ATF operative, including two Glock “Auto Sear” machinegun conversion devices, sixteen semiautomatic handguns, and eight semiautomatic assault rifles, one of which had been cut down for purposes of concealment. Cherry also provided a large amount of ammunition with the firearms he sold.



“The defendant and others in this illegal gun trafficking organization endangered everyone in their midst on a daily basis by putting semiautomatic weapons on the streets illegally,” said U.S. Attorney McSwain. “Thanks to our dedicated partners at ATF and our Office’s trial team, the defendant will now pay for his crimes and will no longer be allowed to menace the Philadelphia streets.”



“The conviction of Mr. Cherry is a victory not only for ATF but for the citizens of Philadelphia as this conviction exhibits a continued and collaborative effort to combat violent crime in our community,” said Donald Robinson, Special Agent in Charge for ATF Philadelphia Field Division. “Together with our partners at the Philadelphia Police Department and the United States Attorney’s Office, we have been successful at dismantling a group dedicated to firearms trafficking in Philadelphia. ATF remains committed to working with our partners to combat violent crime by continuing to target firearms traffickers who are putting illegal guns out on our streets.”



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 make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.



The case was investigated by the Bureau of Alcohol, Tobacco and Firearms.

18:922(a)(1)(A) and 924(a)(1)(D) DEALING IN FIREARMS WITHOUT A LICENSE; 18:2 - AIDING AND ABETTING

(1)

18:922(a)(1)(A) AND 924(a)(1)(D) - DEALING IN FIREARMS WITHOUT A LICENSE; 18:2 - AIDING AND ABETTING

(1s)

18:922(g)(1) POSSESSION OF A FIREARM BY A CONVICTED FELON; 18:2 - AIDING AND ABETTING

(2-3)

18:922(g)(1) - POSSESSION OF A FIREARM BY A FELON; 18:2 - AIDING AND ABETTING

(2s-3s)

18:922(g)(1) POSSESSION OF A FIREARM BY A CONVICTED FELON

(4-16)

18:922(g)(1) - POSSESSION OF A FIREARM BY A FELON

(4s-6s)

18:922(g)(1) - POSSESSION OF A FIREARM BY A FELON

(7s)

18:922(g)(1) - POSSESSION OF A FIREARM BY A FELON

(8s-14s)

18:922(g)(1) - POSSESSION OF A FIREARM BY A FELON

(16s)

18:922(o) - POSSESSION AND TRANSFER OF A MACHINEGUN

(17)

18:922(o) - POSSESSION AND TRANSFER OF A MACHINE GUN

(17s)

26:5845(a)(6), (b), 5861(d), and 5871 - POSSESSION OF A FIREARM NOT REGISTERED IN THE NFR AND TRANSFER RECORD

(18)

26:5845(a)(6),(b), 5861(d), AND 5871 -POSSESSION OF A FIREARM NOT REGISTERED IN THE NFR AND TRANSFER RECORD

(18s-19s)

26:5845(a)(4), (c), 5861(d), and 5871 - POSSESSION OF A FIREARM NOT REGISTERED IN THE NFR AND TRANSFER RECORD

(19)

18:922(k) and 924(a)(1)(B) - POSSESSION OF A FIREARM WITH SERIAL NUMBER REMOVED, OBLITERATED AND ALTERED

(20)

18:922(k) and 924(a)(1)(B) - POSSESSION OF A FIREARM WITH SERIAL NUMBER REMOVED, OBLITERATED AND ALTERED

(21-27)

18:922(k) AND 924(a)(1)(B) - POSSESSION OF A FIREARM WITH SERIAL NUMBER REMOVED, OBLITERATED AND ALTERED

(21s-27s)

08/21/2019 72 Minute Entry for proceedings held before HONORABLE HARVEY BARTLE, III in Courtroom 16A: JURY TRIAL - DAY 1 held on 8/20/2019 as to KENNETH EUGENE CHERRY, JR. Defendant present. Voir Dire. Jurors selected. The Court's preliminary instructions to the jury. AUSA addresses the court and jury in opening statements. Defense Counsel addresses the court and jury in opening statements. The government's case commences. Witness is sworn and testifies. Court Reporter: ESR. (ems) (Entered: 08/21/2019)

08/22/2019 74 Proposed Jury Instructions by USA as to KENNETH EUGENE CHERRY, JR.Supplemental and Certificate of Service(MILLER, MARK) (Entered: 08/22/2019)

08/22/2019 75 Minute Entry for proceedings held before HONORABLE HARVEY BARTLE, III in Courtroom 16A: JURY TRIAL - DAY 2 as to KENNETH EUGENE CHERRY, JR. held on 8/21/2019. The Govt's case continues. Witnesses sworn and testified. Court Reporter: ESR.(tomg, ) (Entered: 08/22/2019)

08/23/2019 76 Minute Entry for proceedings held before HONORABLE HARVEY BARTLE, III in Courtroom 16A: JURY TRIAL - DAY 3 held on 8/22/2019 as to KENNETH EUGENE CHERRY, JR. Defendant present. The government's case continues. Witnesses sworn and testifies. Court Reporter: ESR. (ems) (Entered: 08/23/2019)

08/26/2019 77 Minute Entry for proceedings held before HONORABLE HARVEY BARTLE, III in Courtroom 16A: JURY TRIAL - DAY 4 held on 8/23/2019 as to KENNETH EUGENE CHERRY, JR. Court's charge conference with counsel in Chambers. Defendant present. The government's case continues. Witnesses sworn and testifies. Government rests. Defendant rests. Closing arguments on behalf of government and defendant. Rebuttal argument by AUSA on behalf of the government. The Court's charge to the Jury. CSO sworn. Jury deliberations commence. Court Reporter: ESR. (ems) (Entered: 08/26/2019)

08/27/2019 78 Minute Entry for proceedings held before HONORABLE HARVEY BARTLE, III in Courtroom 16A: JURY TRIAL - DAY 5 held on 8/26/2019 as to KENNETH EUGENE CHERRY, JR. Jury deliberations continue. Defendant sworn. Defendant makes a statement to the court. Jury questions. Lunch ordered for 12 jurors and 2 alternates. Jury verdict: The jury finds the defendant GUILTY as to Counts 1, 17, 18, 19, 21, 22, 23, 24, 25, 26, and 27. The jury is undecided as to count 20. The court's preliminary instructions to the jury as to the remaining counts. AUSA and defense counsel addresses the court and jury in closing arguments. The court's charge. Jury deliberations commence as to the remaining counts. AUSA makes an oral motion to dismiss count 20 of the superseding indictment with prejudice. The court GRANTS the motion to dismiss count 20 with prejudice. Jury verdict: The jury finds the defendant GUILTY as to counts 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, and 16. The jury finds the defendant NOT GUILTY as counts 15. The court dismisses the jury. PSR ordered. Sentencing set for 12/5/19 at 9:30 a.m.. The defendant is returned to the custody of the U.S. Marshal. Court Reporter: ESR. (ems) (Entered: 08/27/2019)

08/27/2019 79 VERDICT FORM as to KENNETH EUGENE CHERRY, JR.. (ems) (Entered: 08/27/2019)

08/27/2019 80 SUPPLEMENTAL VERDICT FORM as to KENNETH EUGENE CHERRY, JR.. (ems) (Entered: 08/27/2019)

08/27/2019 81 WAIVER OF DETERMINATION OF FORFEITURE BY JURY as to KENNETH EUGENE CHERRY, JR.. (ems) (Entered: 08/27/2019)

08/27/2019 82 ORDER AS TO KENNETH EUGENE CHERRY, JR. THAT THE ORAL MOTION BY THE GOVERNMENT TO DISMISS COUNT 20 OF THE SUPERSEDING INDICTMENT WITH PREJUDICE IS GRANTED. Signed by HONORABLE HARVEY BARTLE, III on 8/26/2019. 8/27/2019 Entered and Copies E-Mailed. (ems) (Entered: 08/27/2019)

08/27/2019 83 SEALED ORDER AS TO KENNETH EUGENE CHERRY, JR. (1). Signed by HONORABLE HARVEY BARTLE, III on 8/27/2019. 8/27/2019 ENTERED AND COPIES MAILED. (FILED UNDER SEAL) (ems) (ems). (Entered: 08/27/2019)