United States of America v. John Wesley Long

Dayton, Ohio criminal defense lawyer represented the Defendant charged with felony possession of a firearm in violation of 18 U.S.C. §§ 922(g)(l) and 924(a)(8).

The United States Department of Justice (DOJ) prosecutes felony possession of a firearm under 18 U.S.C. § 922(g)(1):



Penalties

The penalty for violating this law is a fine, up to 10 years in prison, or both.



Mandatory minimum sentence



If the offender has three or more prior convictions for a violent felony or serious drug offense, they must serve a minimum of 15 years in prison without parole.



Prohibited persons



Anyone who has been convicted of a crime punishable by more than one year in prison is prohibited from possessing a firearm.



Proof of prior conviction



In federal court, the prosecution must prove that the defendant is the person convicted. This can be done through fingerprint or signature cards, date of birth, social security number, or testimony.



Federal gun laws supersede state laws on the matter.



Fiscal Year 2018



 OF THESE CASES, 6,719 INVOLVED

CONVICTIONS UNDER 18 U.S.C. § 922(g).



IN FY 2018, 69,425 CASES WERE REPORTED TO



THE U.S. SENTENCING COMMISSION.



Offender and Offense Characteristics



• 97.7% of felon in possession of a firearm offenders were men.

• 54.2% were Black, 24.9% were White, 17.9% were Hispanic, and

3.0% were Other races.

• Their average age was 34 years.

• 94.5% were United States citizens.

• 25.6% were in the highest Criminal History Category (Criminal



• The top five districts for felon in possession of a firearm offenders

were:



 Eastern District of Missouri (281);

 Western District of Texas (233);

 District of South Carolina (230);

 Northern District of Texas (209);

 Western District of Missouri (205).



• Districts with the highest proportion of felon in possession of a

firearm cases were:



 Western District of Tennessee (39.4%);

 Southern District of Alabama (36.0%);

 Eastern District of Missouri (33.8%);

 Northern District of Alabama (32.5%);

 Middle District of North Carolina (28.2%).



Punishment



• 97.6% of felon in possession of a firearm offenders were sentenced

to prison; sentences varied widely by whether a mandatory

minimum penalty applied in the case.

• 14.8% of felon in possession of a firearm offenders were convicted

of one or more statutes with a mandatory minimum penalty:

 4.3% were sentenced under the Armed Career Criminal Act

(ACCA) (18 U.S.C. § 924(e));1

 5.0% were convicted of violating 18 U.S.C. § 924(c);

 5.4% were convicted of another statute carrying a mandatory

minimum penalty, most of which were drug offenses.

Defendant sentenced to 45 on Count 1 to be served consecutively to the sentence that has been imposed in the Clark County Common Pleas Court in Case Number 2021-CR-119. 3 years Supervised Release. Standard Conditions of Supervised Release apply, in addition to two Special Conditions. No fine imposed. Forfeiture ordered. Special Assessment of $100 due immediately. Defendants rights of appeal explained and understood.