Case Number: 1:17-cr-00225-KD-N-1

Judge: Kristi K. Dubose

Court: United States District Court for the Southern District of Alabama (Mobile County)

Plaintiff's Attorney: David Barnett, Gordon Armstrong

Defendant's Attorney: Michele C. O'Brien and Daryl A. Atchison

Description: Mobile, AL - Michael Devane Overton Sentenced Following Guilty Plea to a Federal Firearm Charge

Michael Devane Overton of Jackson, Alabama was sentenced to one year, and one day imprisonment. Overton’s sentencing followed entry of a May 2018 guilty plea to a charge of prohibited person in possession of a firearm. The sentence imposed by Chief United States District Court Judge Kristi K. Dubose was a variance from the advisory sentencing guideline range of 30-37 months. The term of imprisonment is to be followed by a three year term of supervised release with the first year to be served on home detention with location monitoring. During the term of supervised release, Overton is prohibited from having inappropriate contact with females by any means, and must provide access to check his internet devices at any time requested by his probation officer.

Overton’s guilty plea included his admission that he was committed to a mental institution, by Order of the Clarke County Probate Court in June 2013. In September 2017, the Mobile Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives began working with the Jackson, Alabama Police Department on an investigation of Overton’s July 2017, purchase of a 12 gauge shotgun from a local federal firearms licensee, and his subsequent attempt to purchase several other firearms. On September 22, 2017, a state search warrant was executed at Overton’s residence in Jackson. During the execution of the search warrant three firearms were recovered from his bedroom, along with firearm magazines and ammunition.

Possession of a firearm by a prohibited person, in this instance an individual who has been previously committed to a mental institution, is a violation of Title 18, United States Code Section 922(g)(4).

This case arose from a referral by the Jackson, Alabama Police Department to the Mobile Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives who completed the investigation. The case was prosecuted by the United States Attorney’s Office for the Southern District of Alabama.

Charge:

PROHIBITED PERSON IN POSSESSION OF A FIREARM (Involuntary committed to a mental health facility)
(1)

PROHIBITED PERSON IN POSSESSION OF A FIREARM (Involuntary committed to a mental health facility)
(1s)

PROVIDING FALSE OR FICTITIOUS INFORMATION TO A LICENSED FIREARM DEALER
(2)

Outcome: Imprisonment 12 months & 1 day. SRT 3 years. Special conditions: 12 months home confinement with location monitoring; mental health treatment; and no inappropriate contact with any female via internet capable devices to be monitored by Probation Office. SA $100.00.

Plaintiff's Experts:

Defendant's Experts:

Comments: