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Date: 08-18-2020
Case Style:
United States of America v. Bryan Herman
Case Number: 3:16-cr-30143-RAL
Judge: Roberto A. Lange
Court: United States District Court for the District of South Dakota (Hughes County)
Plaintiff's Attorney: United States District Attorney’s Office
Defendant's Attorney:
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Description:
Pierre, SD - The United States of America charged Bryan Herman, age 55, with felony possession of a firearm by a prohibited person.
Herman was indicted by a federal grand jury on September 10, 2019. He pled guilty on February 26, 2020.
The conviction stemmed from an incident that occurred in South Dakota on July 15, 2016. Herman took possession of a .45 caliber, semi-automatic pistol that day, and sold it at a pawn shop in Nebraska. Herman was an unlawful user of and addicted to prescription painkillers at that time, controlled substances under federal law. Herman used the proceeds from the sale of the firearm to continue fueling his drug habit after losing employment due to a failed drug test.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
This case was investigated by the Federal Bureau of Investigation and Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Michael Elmore prosecuted the case.
Herman was immediately turned over to the custody of the U.S. Marshals Service.
18 U.S.C. § 1153 and SDCL 22-32-3; SECOND DEGREE BURLGARY
(1)
Outcome: Defendant was sentenced to 4 months custody; 3 years supervised release; fine waived; $11,793.79 restitution; $100 special assessment.
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Defendant's Experts:
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