Date: 04-11-2021

Case Style:

Case Number: 2:19-cr-20350-SHL

Judge: Sheryl H. Lipman

Court: United States District Court for the Western District of Tennessee (Shelby County)

Plaintiff's Attorney: United States District Attorney’s Office

Defendant's Attorney:

Criminal Defense Lawyer Directory

Description: Memphis, Tennessee felony firearm possession charge criminal defense lawyer represented Defendant, James Howard, 43, who charged with possession of a firearm.

On July 21, 2019, Memphis Police officers responded to an Aggravated Assault/Domestic Violence call in the 3700 block of Weaver Road. Upon arrival, the victim A.W. advised that her boyfriend, Howard, was intoxicated and acting irrationally. She reported they were in an argument, when Howard "racked" a shotgun and stated he was "going to plant her." Howard left the residence, the victim's sister, S.H. removed her from the residence.

As the victim and her sister were driving, Howard called the victim from the house phone and threatened to kill her and himself. Realizing that Howard had again broken into her home, the victim and her sister drove to a nearby fire station to call law enforcement. After repeated attempts to enter the home, the officers finally gained access and removed Howard, who was taken into custody without further incident. While searching the home officers recovered a Remington Arms 16-gauge shotgun under a dresser.

Howard is a convicted felon having previously been convicted of felony drug trafficking offenses, Aggravated Assault, Domestic Violence, and Battery Upon a Peace Officer. As a result of his felony convictions, Howard is prohibited by federal law from possessing firearms or ammunition.

This case was investigated by the Memphis Police Department and Project Safe Neighborhoods (PSN) Task Force. Project Safe Neighborhoods (PSN) initiative is 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. In 2017, PSN was reinvigorated as part of the Department’s 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 the local community to develop effective, locally based strategies to reduce violent crime.

Assistant U.S. Attorney Raney Irwin and Special Assistant U.S. Attorney Samuel D. Winnig prosecuted this case on behalf of the government. SAUSA Winnig is currently assigned from the Shelby County District Attorney General’s Office for the purpose of prosecuting violent crimes and firearms offenses in federal court.

18:922(g)(1) UNLAWFUL TRANSPORT OF FIREARMS, ETC.
(1)

Outcome: On November 3, 2020, Howard pled guilty to possessing the weapon.

Defendant sentenced to 92 MONTHS to run concurrently with any anticipated, undischarged sentence in Shelby County Criminal Court Docket No 19-06977. Followed by 3 YEARS Supervised Release. Standard/Mandatory conditions of Supervision. Additional conditions: search provision; mental health testing and treatment; drug testing and treatment; educational/vocational training; anger management; and DNA collection. Special assessment: $100.00.

Plaintiff's Experts:

Defendant's Experts:

Comments: