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Description: New Orleans, Louisiana criminal defense lawyer represented defendant charged with felony possession of a firearm and body armor.

Between May 8 – 29, 2019, James Heigle, age 40, from St. Tammany Parish, possessed multiple firearms and a bullet-proof vest. Before May 2019, he was convicted of a violent felony in Jefferson Parish, which precluded him from possessing firearms and a bullet-proof vest.

At sentencing for count four, false declarations before a grand jury, HEIGLE faces up to a maximum term of imprisonment of five (5) years, a fine of up to $250,000, up to three (3) years of supervised release following any term of imprisonment, and a $100 mandatory special assessment fee, pursuant to Title 18, United States Code, Section 1623.

At sentencing for count five, felon in possession of a firearm, HEIGLE faces up to a maximum term of imprisonment of ten (10) years, a fine of up to $250,000, up to three (3) years of supervised release following any term of imprisonment, and a $100 mandatory special assessment fee, pursuant to Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).

At sentencing for count six, violent felon in possession of body armor, HEIGLE faces up to a maximum term of imprisonment of three (3) years, a fine of up to $250,000, up to one (1) year of supervised release following any term of imprisonment, and a $100 mandatory special assessment fee, pursuant to Title 18, United States Code, Sections 931 and 924(a)(7).

This case was brought as part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

The case was investigated by the Federal Bureau of Investigation and the New Orleans Police Department. It was prosecuted by Assistant United States Attorney Melissa Bücher of the U.S. Attorney’s Office.

18:1623 FALSE DECLARATIONS BEFORE GRAND JURY

(a) Whoever under oath (or in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code) in any proceeding before or ancillary to any court or grand jury of the United States knowingly makes any false material declaration or makes or uses any other information, including any book, paper, document, record, recording, or other material, knowing the same to contain any false material declaration, shall be fined under this title or imprisoned not more than five years, or both.

18:922(g)(1) and 924(a)(2) FELON IN POSSESSION OF AMMUNITION AND FIREARMS IN AND AFFECTING COMMERCE
(5)
18:931 VIOLENT FELON IN POSSESSION OF BODY ARMOR

(a) In General.—Except as provided in subsection (b), it shall be unlawful for a person to purchase, own, or possess body armor, if that person has been convicted of a felony that is—
(1) a crime of violence (as defined in section 16); or
(2) an offense under State law that would constitute a crime of violence under paragraph (1) if it occurred within the special maritime and territorial jurisdiction of the United States.
(b) Affirmative Defense.—
(1) In general.—It shall be an affirmative defense under this section that—
(A) the defendant obtained prior written certification from his or her employer that the defendant’s purchase, use, or possession of body armor was necessary for the safe performance of lawful business activity; and
(B) the use and possession by the defendant were limited to the course of such performance.
(2) Employer.—
In this subsection, the term “employer” means any other individual employed by the defendant’s business that supervises defendant’s activity. If that defendant has no supervisor, prior written certification is acceptable from any other employee of the business.

Outcome: Defendant pleaded guilty.

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