United States of America v. Dezmaighne McClain

Sacramento, California criminal defense lawyer represented defendant charged with three counts of being a felon in possession of firearms and ammunition.



On July 15, 2019, while on felony parole, Dezmaighne McClain, age 31, from Sacramento, sold a firearm to an individual within minutes of meeting the person at the parole office. McClain sold the same individual another firearm on July 30, 2019, and continued to discuss potential firearms sales after that date. Evidence at trial showed that McClain also sold guns to others while on parole, both before and after the July 15 sale. McClain is prohibited from possessing firearms and ammunition based on his prior felony convictions, which include robbery, assault, possessing a controlled substance for sale, and illegal possession of a firearm.



During a search of McClain's residence, agents found more firearms, ammunition, and an AR‑15-style "ghost gun” hidden in the garage. Ghost guns do not contain serial numbers and are sold without background checks, making them difficult to trace and easy to acquire by criminals.



This case was the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorneys Michele Beckwith and Audrey Hemesath prosecuted the case.



This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice's violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.



FELON IN POSSESSION OF A FIREARM

(1-2)

FELON IN POSSESSION OF A FIREARM

(1s-2s)

FELON IN POSSESSION OF FIREARMS AND AMMUNITION

(3s)

07/11/2022 137 MINUTES (Text Only) for proceedings held before Senior Judge William B. Shubb: STATUS CONFERENCE Re Sentencing as to Dezmaighne McClain held on 7/11/2022. Court confers with counsel re the PSR and the parties' sentencing briefs. Court ORDERS further briefing as to the issue of "interstate commerce" to be filed no later then 7/14/2022. Sentencing is reset for 7/18/2022 at 09:00 AM before Senior Judge William B. Shubb. Government Counsel: Michele Beckwith, Audrey Hemesath present. Defense Counsel: David Fischer present. Custody Status: Defendant is present, in custody. Court Reporter: Tiphanne Crowe. cc: Crim Court Agencies-Sac, USPO-Sac, USM-Sac. (Kirksey Smith, K) (Entered: 07/11/2022)

07/13/2022 138 SENTENCING MEMORANDUM by USA as to Dezmaighne McClain. (Attachments: # 1 Declaration)(Beckwith, Michele) (Entered: 07/13/2022)

07/14/2022 139 SUPPLEMENTAL BRIEF on Defendant's Formal Objections to PSR by Dezmaighne McClain. (Fischer, David) Modified on 7/15/2022 (Coll, A). (Entered: 07/14/2022)