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Date: 04-07-2022

Case Style:

United States of America v. Dezmaighne McClain

Case Number: 2:19-cr-00165-WBS

Judge:

Court: United States District Court for the Eastern District of California (Sacramento County)

Plaintiff's Attorney: United States Attorney’s Office

Defendant's Attorney: David Fischer

Description: Sacramento, California criminal defense lawyer represented defendant charged with being a felon in possession of a firearm.

Dezmaighne McClain, age 31, of Sacramento, while on felony parole, sold a firearm to an individual on July 15, 2019, soon after 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. McClain is prohibited from possessing firearms and ammunition based on his prior felony convictions, which include robbery, assault, and illegal possession of a firearm. During a search of McClain’s residence, agents found more firearms, ammunition, and an assault rifle style “ghost” gun hidden in the garage.

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

McClain is scheduled to be sentenced by U.S. District Judge William B. Shubb on July 11, 2022. McClain faces a maximum statutory penalty of 10 years in prison and a $250,000 fine for each count. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

Outcome: Defendant was found guilty by a jury.

Plaintiff's Experts:

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