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Description: Indianapolis, Indiana criminal law lawyer represented Defendant charged with being a felon in possession of a firearm.
On November 16, 2019, Lebanon Police Department officers responded to a caller who indicated that a suspicious man in a grey sweatshirt was walking around their house in Lebanon. When officers arrived at the scene, they saw a man wearing a grey sweatshirt in the area, who was later identified as Justin Cain, age 32.
Upon seeing the officers, Cain ran to a nearby truck and attempted to drive away. Officers ordered Cain to stop and exit the truck. As Cain exited the truck, he reached for a gun in his waistband. As officers attempted to arrest him, Cain grabbed his gun and threw it on top the truck. Officers ordered Cain to place his hands behind his back, but he refused. Cain continued to resist until officers were able to place him under arrest. Police recovered a .380 caliber semiautomatic handgun from the scene.
Cain has accumulated seven felony convictions over two decades for offenses including dealing marijuana, fraud, counterfeiting, and failure to return to a detention facility. Cain is prohibited from possessing firearms under federal law due to these prior felony convictions. Cain was on probation at the time of the current offense.
Zachary A. Myers, U.S. Attorney for the Southern District of Indiana; Daryl S. McCormick, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Columbus Field Division; and Lebanon Police Department Chief Chad Morgan; made the announcement.
ATF investigated the case in conjunction with the Lebanon Police Department. The sentence was imposed by U.S. District Judge Jane Magnus-Stinson. As part of the sentence, Judge Stinson ordered that Cain be supervised by the U.S. Probation Office for three years following his release from federal prison.
U.S. Attorney Myers thanked Assistant U.S. Attorney Abhishek S. Kambli who prosecuted this case.
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 gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
UNLAWFUL POSSESSION OF A FIREARM BY A CONVICTED FELON
Outcome: 09/26/2022 50 AMENDMENT TO PLEA AGREEMENT 41 by USA, JUSTIN CAIN (1) as to JUSTIN CAIN (1). (MRI) (Entered: 09/26/2022)
09/26/2022 51 MINUTE ORDER for proceedings held on 9/26/2022. Defendant Justin Cain (01) appeared in person and by counsel, Joe Cleary, for a change of plea and sentencing hearing. The Government appeared by counsel, Abhishek Kambli. Tara Olson appeared on behalf of the United States Probation Office. Plea Accepted. Factual Basis previously filed. JUSTIN CAIN (1) Plea of guilty and sentencing on Count 1. The defendant was remanded to the custody of the U.S. Marshal.The proceedings were adjourned. (SEE ORDER FOR MORE DETAILS.) Signed by Judge Jane Magnus-Stinson. (Court Reporter Jean Knepley) (MRI) (Entered: 09/26/2022)