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Description: Huntington, West Virginia criminal law lawyer represented Defendant charged with being a felon in possession of a firearm in violation of 18 U.S.C. 922.
A federal jury found Brendon Tyre Garner, age 34, from Huntinngton, West Virginia, guilty on May 12, 2022, following a three-day trial. According to court documents and evidence presented at trial, Garner possessed .380-caliber ammunition in Huntington on June 29, 2021. Garner possessed this ammunition when he shot an individual on Charleston Avenue and fled the scene.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Garner knew he was prohibited from possessing ammunition because of several prior felony convictions, including possession with intent to deliver drugs in Cabell County Circuit Court on January 15, 2015; trafficking in drugs in Lawrence County, Ohio, Court of Common Pleas on April 16, 2014; and wanton endangerment in Cabell County Circuit Court on October 12, 2011.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Huntington Police Department, and the Huntington Violent Crime and Drug Task Force.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorneys Ryan A. Keefe and Joseph F. Adams prosecuted the case.
Outcome: Defendant was sentenced to 100 months imprisonment to run concurrently to the defendant's state sentence resulting from his parole violation; 3 years supervised release term; $100 special assessment; fine waived