Date: 07-03-2025

Case Style:

United States of America v. Malcolm Whiteside

Case Number:

Judge: James D. Peterson

Court: The United States District Court for the Western District of Wisconsin (Dane County)

Plaintiff's Attorney: The United States Attorney’s Office for Madison, Wisconsin

Defendant's Attorney:

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Description:

Madison, Wisconsin criminal defense lawyer represented the Defendants charged with illegally possessing a firearm as a felon

Fitchburg Man Sentenced to 9 ½ Years for Illegally Possessing a Firearm

Malcolm Whiteside, 30, Fitchburg, Wisconsin, was sentenced by Chief U.S. District Judge James D. Peterson to 8 years in federal prison for illegally possessing a firearm as a felon. Whiteside was convicted of this charge on April 15, 2025, following a two-day jury trial. Whiteside was on federal supervised release for a prior felon-in-possession offense at the time of his new criminal conduct in this case. Judge Peterson revoked Whiteside’s supervision and imposed a sentence of 1 ½ years, resulting in a total sentence of 9 ½ years.

On August 12, 2024, Whiteside led police on a dangerous high-speed chase on a Madison highway and ultimately crashed the car he was driving into a semi-truck. From there, Whiteside fled on foot to the parking lot of a home improvement store, where a police officer found him hiding in a garden shed. Officers at the crash scene searched the vehicle Whiteside was driving and found a loaded firearm underneath the driver’s floormat. An analyst from the Wisconsin State Crime Lab recovered Whiteside’s DNA on multiple locations of the firearm. Whiteside is prohibited from legally possessing firearms or ammunition because of prior felony convictions.

The firearm Whiteside possessed was equipped with a Machinegun Conversion Device. About an inch-long, a Machinegun Conversion Device is an illegal after-market device that converts a semi-automatic firearm into a fully functioning machinegun. A firearm equipped with a Machinegun Conversion Device is extremely dangerous, even for experienced firearms users, because it is difficult to control and is capable of firing 50 rounds in four seconds with a single pull of the trigger.

In addition to finding the machinegun, officers found bags of cocaine, methamphetamine, and fentanyl inside the abandoned car. An analyst from the Wisconsin State Crime Lab found Whiteside’s DNA on the plastic bag containing the fentanyl.

In sentencing Whiteside, Judge Peterson explained that Whiteside posed a danger to the community when he possessed a loaded machinegun. Judge Peterson also noted that Whiteside’s criminal history, which included prior convictions for firearms offenses, was an aggravating factor.

The charge against Whiteside was the result of an investigation conducted by the City of Monona Police Department, Madison Police Department, Wisconsin State Patrol, and the ATF Madison Crime Gun Task Force. The ATF Madison Crime Gun Task Force consists of federal agents from ATF and Task Force Officers from state and local agencies throughout the Western District of Wisconsin. Acting United States Attorney Chadwick M. Elgersma and Assistant United States Attorney Colleen Lennon prosecuted this case.

This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address gun crime, especially felons illegally possessing firearms and ammunition and violent and drug crimes that involve the use of firearms.

Outcome: the Defendant was sentenced to 9 ½ years in federal prison

Plaintiff's Experts:

Defendant's Experts:

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