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Description: Tulsa, Oklahoma criminal law lawyer represented Defendant charged with carrying, using, brandishing and discharged a firearm during and in relation to a crime of violence in violation of 18 USC 924(c)(1)(A)(iii).
On April 14, 2021, William Rhea Wadlow, age 23, of Locust Grove, and two others saw a woman he was acquainted with cash the check at a Locust Grove convenience store. About 20 minutes later, the three went to the woman’s house. Wadlow asked to use her restroom, and they entered the home. At one point, Wadlow asked the victim if she wanted to purchase his .38 caliber revolver. When she declined, Wadlow told the victim he was homeless and hungry. The victim offered him $200. Then as the group was about to exit the home, Wadlow turned with a gun and fired toward the victim. The bullet struck the floor. Wadlow then demanded the woman give him all her money. The victim handed him her wallet. He also grabbed her purse from her hand. As the three fled from the home, Wadlow warned her not to follow him or he would shoot her.
Law enforcement later located Wadlow at a gas station in Rose, Oklahoma. Wadlow barricaded himself in the restroom but after several hours, surrendered to law enforcement. He had $671.25 on him at the time of his arrest.
The FBI, Mayes County Sheriff’s Office, Cherokee Nation Marshal Service, and Oklahoma State Bureau of Investigation conducted the investigation. Assistant U.S. Attorney George Jiang prosecuted the case.
18 U.S.C. 924(c)(1)(A) Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime-
(i) be sentenced to a term of imprisonment of not less than 5 years;
(ii) if the firearm is brandished, be sentenced to a term of imprisonment of not less than 7 years; and
(iii) if the firearm is discharged, be sentenced to a term of imprisonment of not less than 10 years.
(B) If the firearm possessed by a person convicted of a violation of this subsection-
(i) is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, the person shall be sentenced to a term of imprisonment of not less than 10 years; or
(ii) is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, the person shall be sentenced to a term of imprisonment of not less than 30 years.
(C) In the case of a violation of this subsection that occurs after a prior conviction under this subsection has become final, the person shall-
(i) be sentenced to a term of imprisonment of not less than 25 years; and
(ii) if the firearm involved is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, be sentenced to imprisonment for life.
(D) Notwithstanding any other provision of law-
(i) a court shall not place on probation any person convicted of a violation of this subsection; and
(ii) no term of imprisonment imposed on a person under this subsection shall run concurrently with any other term of imprisonment imposed on the person, including any term of imprisonment imposed for the crime of violence or drug trafficking crime during which the firearm was used, carried, or possessed.
(2) For purposes of this subsection, the term "drug trafficking crime" means any felony punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46.
(3) For purposes of this subsection the term "crime of violence" means an offense that is a felony and-
(A) has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or
(B) that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
(4) For purposes of this subsection, the term "brandish" means, with respect to a firearm, to display all or part of the firearm, or otherwise make the presence of the firearm known to another person, in order to intimidate that person, regardless of whether the firearm is directly visible to that person.
(5) Except to the extent that a greater minimum sentence is otherwise provided under this subsection, or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries armor piercing ammunition, or who, in furtherance of any such crime, possesses armor piercing ammunition, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime or conviction under this section-
(A) be sentenced to a term of imprisonment of not less than 15 years; and
(B) if death results from the use of such ammunition-
(i) if the killing is murder (as defined in section 1111), be punished by death or sentenced to a term of imprisonment for any term of years or for life; and
(ii) if the killing is manslaughter (as defined in section 1112), be punished as provided in section 1112.
Outcome: Defendant was sentenced to 120 months in prison followed by three years of supervised release, ordered to pay $2,680.00 in restitution and assessed $100.00.
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