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Date: 02-14-2021

Case Style:

United States of America v. Brian Bernard Burton

Case Number: 3:20-cr-00016-RAH-JTA

Judge: R. Austin Huffaker, Jr.

Court: United States District Court for the Middle District of Alabama (Montgomery County)

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

Defendant's Attorney:


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Description: Montgomery, Alabama felony gun possession criminal defense lawyer represented Defendant, Brian Bernard Burton, a 36-year-old from Tuskegee, Alabama, who was being a felon in possession of an AK pistol loaded with rifle rounds.

According to court records and statements made in open court, in June of 2019, a Lee County deputy was on patrol and spotted a vehicle with an expired tag. After initiating a traffic stop, deputies quickly discovered that the driver, Brian Burton, had outstanding warrants for his arrest. When Burton was placed into custody, deputies inventoried the vehicle and found a black backpack behind the driver’s seat that contained a Century Arms AK pistol. A high-capacity magazine was attached to the firearm containing 20 rounds, with one round in the chamber. The rounds were 7.62x39mm caliber, also known as “rifle” rounds that are capable of piercing the soft body armor commonly worn by law enforcement. Burton has a previous felony conviction for attempted murder and is prohibited from possessing firearms. The Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) was notified and began to investigate the case for federal charges.

On January 15, 2020, Burton was indicted by a federal grand jury for being a felon in possession of a firearm and a warrant for his arrest was issued. In June of 2020, the U.S. Marshals Service Gulf Coast Regional Fugitive Task Force suspected that Burton was located at a residence in Auburn. When they arrived at the house, agents discovered that Burton was hiding in the attic and had to cut the ceiling open to retrieve him. Burton pleaded guilty to the firearms charge on August 14, 2020.

The Lee County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated this case, with assistance from the U.S. Marshals Service. Assistant United States Attorneys Megan A. Kirkpatrick and Russell Duraski prosecuted the case.

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

Outcome: Guilty

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