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Date: 01-06-2023
Case Style:
United States of America v. Daniel Kirtman and Michael Thomas
Case Number: 2:22-cr-20013
Judge: Jon Phipps McCalla
Court: United States District Court for the Western District of Tennessee (Shelby County)
Plaintiff's Attorney: United States Attorney’s Office
Defendant's Attorney:
Description: Memphis, Tennessee, criminal defense lawyer represented Defendant charged with felony possession of a firearm and possession and transfer of a short-barrell rifle.
In June 2021, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Multi-Agency Gang Unit investigated individuals who were illegally possessing firearms and machine gun conversion devices.
On two separate occasions, Michael Thomas, age 24, sold machine gun conversion devices, known as “Glock switches.” On another occasion, Daniel Kirtman, age 25,, a convicted felon, sold a short-barrel rifle. Agents arrested Thomas and seized an AR-style pistol. Agents also arrested Kirtman and seized a Glock pistol equipped with an extended magazine and a machinegun conversion device. During the investigation, agents purchased and seized 10 firearms from Kirtman and Thomas.
On June 29, 2022, Thomas pled guilty to possessing a machinegun and possessing a firearm in furtherance of a drug trafficking crime. On August 26, 2022, Kirtman pled guilty to being a felon in possession of a firearm, possessing and transferring a firearm in violation of the National Firearms Act.
On December 1, 2022, United States District Judge Jon P. McCalla sentenced Thomas to 84 months in prison, to be followed by four years of supervised release. On December 7, 2022, Judge McCalla sentenced Kirtman to 102 months in prison, to be followed by three years of supervised release. There is no parole in the federal system.
United States Attorney Kevin Ritz thanked Assistant United States Attorney Gregory Allen, who prosecuted this case, as well as the law enforcement partners who investigated the case.
Violation of 18 U.S.C. 922(g)(1); 18 U.s.C. 9220
Outcome: Daniel Kirtman was sentenced to a term of imprisonment of 102 Months: 102 Months as to each of counts 2, 5, and 6 to be served concurrently to produce a total imprisonment term of 102 Months. Supervised Release: 3 Years (concurrent); Special Assessment: $300.00.
Defendant Michael Thomas was 60 Months consecutive to 24 Months in Count 4s to produce a total imprisonment term of 84 Months; 4 Years Supervised Release (concurrent); Special Assessment: $100.
12/07/2022 117 NOTICE OF LOCATION CHANGE: The Sentencing Hearing for Daniel Kirtman (1) will proceed before Judge Jon Phipps McCalla on Wednesday, December 7, 2022 at 2:00 PM in Courtroom 7 on the 9th floor of the Federal Building. *LOCATION CHANGE ONLY* (jrs) (Entered: 12/07/2022)
12/07/2022 118 Minute Entry for proceedings held before Judge Jon Phipps McCalla: Sentencing held on 12/7/2022 for Daniel Kirtman (1). Greg Allen appeared for the government. Stephen Sauer appeared for the defense. Ericka Boyce appeared for USPO. The defendant, in custody, was present in court. The defendant heretofore entered a guilty plea as to counts 2, 5, and 6 of the second superseding indictment on August 26, 2022. PSR objections reviewed, resolved, and adopted for sentencing purposes. Government's oral Motion for third point acceptance Granted. Parties heard as to 18 U.S.C. Section 3553(a) sentencing factors. Defendant sentenced to a term of imprisonment of 102 Months: 102 Months as to each of counts 2, 5, and 6 to be served concurrently to produce a total imprisonment term of 102 Months. 3 Years Supervised Release will follow imprisonment term: 3 Years supervision as to each of counts 2, 5, and 6 to be supervised concurrently to produce a total supervision term of 3 Years. Standard/mandatory conditions apply with the following additional special conditions: drug testing & treatment; vocational training; MRT or similar; search provision. Special Assessment: $300.00, due immediately. Forfeiture: see judgment. *Court recommendation: RDAP. Government's oral Motion to dismiss counts 3, 7, 8, 9, 10 of the second superseding indictment Granted. Defendant remanded to USM custody. Defendant reminded of appellate rights and handed an appeal packet. (Court Reporter: Tina Gibson) (jrs) *Modified on 12/7/2022 (jrs). (Entered: 12/07/2022)
12/07/2022 119 JUDGMENT as to Daniel Kirtman (1). Defendant sentenced to a term of imprisonment of 102 Months: 102 Months as to each of counts 2, 5, and 6 to be served concurrently to produce a total imprisonment term of 102 Months. 3 Years Supervised Release will follow imprisonment term: 3 Years supervision as to each of counts 2, 5, and 6 to be supervised concurrently to produce a total supervision term of 3 Years. Standard/mandatory conditions apply with the following additional special conditions: drug testing & treatment; vocational training; MRT or similar; search provision. Special Assessment: $300.00, due immediately. Forfeiture: see judgment. Court Recommendation: defendant be allowed to participate in RDAP program. Defendant remanded to USM custody. Signed by Judge Jon Phipps McCalla on 12/7/2022. (jrs) (Entered: 12/07/2022)
12/07/2022 120 REDACTED JUDGMENT as to Daniel Kirtman (1). Defendant sentenced to a term of imprisonment of 102 Months: 102 Months as to each of counts 2, 5, and 6 to be served concurrently to produce a total imprisonment term of 102 Months. 3 Years Supervised Release will follow imprisonment term: 3 Years supervision as to each of counts 2, 5, and 6 to be supervised concurrently to produce a total supervision term of 3 Years. Standard/mandatory conditions apply with the following additional special conditions: drug testing & treatment; vocational training; MRT or similar; search provision. Special Assessment: $300.00, due immediately. Forfeiture: see judgment. Court Recommendation: defendant be allowed to participate in RDAP program. Defendant remanded to USM custody. Signed by Judge Jon Phipps McCalla on 12/7/2022. (jrs) (Entered: 12/07/2022)
Plaintiff's Experts:
Defendant's Experts:
Comments: