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Case Number: 3:21-cr-00140
Judge: Robert C. Chambers
Court: United States District Court for the Southern District of West Virginia (Cabell County)
Plaintiff's Attorney: United States Attorney’s Office
Defendant's Attorney: Glen Conway
Description: Huntington, West Virginia criminal defense lawyer represented Defendant charged with unlawful transportation of firearms.
Brendon Tyre Garner, 33, possessed .380-caliber ammunition in Huntington on June 29, 2021. Garner possessed this ammunition when he shot an individual on Charleston Avenue and fled the scene.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Garner knew he was prohibited from possessing ammunition because of prior felony convictions in Cabell County Circuit Court for possession with intent to deliver drugs in January 2015; in Lawrence County, Ohio, Court of Common Pleas for trafficking in drugs in April 2014; and in Cabell County Circuit Court for wanton endangerment in October 2011.
Garner is scheduled to be sentenced on August 22, 2022, and faces a maximum penalty of 10 years in prison, three years of supervised release and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the Bureau of Alcohol, Firearms, Tobacco, and Explosives (ATF), the Huntington Police Department, and the Huntington Violent Crime and Drug Task Force for conducting the investigation.
United States District Judge Robert C. Chambers presided over the jury trial. Assistant United States Attorneys Ryan Keefe and Joseph F. Adams are prosecuting the case.
UNLAWFUL TRANSPORT OF FIREARMS, ETC.
Outcome: 05/12/2022 94 WITNESS LIST by United States of America, Brendon Tyre Garner for jury trial held 5/10/2022 to 5/12/2022 as to Brendon Tyre Garner. (jsa)
05/12/2022 95 EXHIBIT LIST by United States of America for jury trial held 5/10/2022 to 5/12/2022 as to Brendon Tyre Garner. (CD exhibits #8 and 9 maintained in the Office of the Clerk of Court.) (Attachments: # 1 Government's Exhibit 19, # 2 Government's Exhibit 20, # 3 Government's Exhibit 1, # 4 Government's Exhibit 2, # 5 Government's Exhibit 3, # 6 Government's Exhibit 4, # 7 Government's Exhibit 5, # 8 Government's Exhibit 6, # 9 Government's Exhibit 22, # 10 Government's Exhibit 8, # 11 Government's Exhibit 9, # 12 Government's Exhibit 10, # 13 Government's Exhibit 11, # 14 Government's Exhibit 12, # 15 Government's Exhibit 17, # 16 Government's Exhibit 16) (jsa)
05/12/2022 96 REDACTED INDICTMENT GIVEN TO JURY DURING DELIBERATIONS as to Brendon Tyre Garner. (jsa)
05/12/2022 97 JURY NOTES from trial held 5/10/2022 to 5/12/2022 as to Brendon Tyre Garner. (jsa)
05/12/2022 98 CUSTODY ACKNOWLEDGMENT AND RECEIPT FOR EXHIBITS by Sean McNees as to Brendon Tyre Garner. (jsa)
05/12/2022 99 JURY TRIAL DAY THREE as to Brendon Tyre Garner held by Judge Robert C. Chambers on 5/12/2022; Court Reporter: Kathy Swinhart. (trj)
05/12/2022 100 ORDER as to Brendon Tyre Garner; upon jury trial held 5/10/2022 to 5/12/2022; directing the Clerk to enter the jury verdict; ADJUDGING the defendant not guilty of the charges contained in counts one and two of the Second Superseding Indictment and guilty of the charge contained in count three of the Second Superseding Indictment. Presentence Investigation Report Deadline 8/8/2022. Sentencing Memorandum due by 8/15/2022. Sentencing set for 8/22/2022 at 2:30 PM in Huntington before Judge Robert C. Chambers. Defendant detained pending sentencing. Signed by Judge Robert C. Chambers on 5/12/2022. (cc: Judge, USA, USP, USM, counsel, deft) (jsa)
05/12/2022 101 JURY VERDICT as to Brendon Tyre Garner: Guilty on Count 3ss, Not Guilty on Count 1ss, 2ss. (jsa)
05/12/2022 102 JURY VERDICT - UNREDACTED Copy for Court Users Only. (jsa)