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April 3 , 2007
FELON SENTENCED TO MAXIMUM PRISON TERM FOR POSSESSION OF MACHINE GUN
(Houston, TX ) James Keith Martinez, 39, of Houston, Texas, was sentenced to 10 years in federal prison, without parole, the statutory maximum sentence for being a convicted felon in possession of a fully automatic and loaded machine gun, United States Attorney Don DeGabrielle announced today.
On Monday, April 2, 2007, U.S. District Judge Lynn N. Hughes sentenced Martinez to the statutory maximum of 120 months in prison to be followed by another 36 month of post imprisonment supervised release.
Martinez was convicted in November 2006 after pleading guilty to the federal firearm offense. During that hearing, the United States proved that Martinez, who has a 1997 state conviction for aggravated assault with a deadly weapon and a 2001 state conviction for illegally possessing a firearm, was arrested on outstanding traffic warrants in March 2006. A search of his apartment resulted in the recovery of an automatic and loaded Uzi style machine gun, along with over 180 rounds of additional ammunition for 2 other weapons.
At the sentencing, Judge Hughes found Martinez, who had blamed his live-in girlfriend and mother for the weapons in his apartment – had not accept responsibility for his crime and further “departed upward” from the recommended guideline sentence of 71 months to impose the statutory maximum. The court castigated Martinez for gang membership, and for attempting to use the care and support of his 8 month-old son as a basis for leniency.
The prosecution of Martinez is part of Project Safe Neighborhoods, an ongoing gun violence reduction initiative of the Department of Justice, which partners federal, state and local law enforcement agencies nationwide to engage in a unified effort to prosecute individuals who possess firearms or ammunition in violation of federal law. In Texas, Project Safe Neighborhoods extends the partnerships created through Texas Exile, a similar statewide initiative operating to reduce gun violence.
The crime was investigated by the Houston Police Department and the Houston Office of the Bureau of Alcohol, Tobacco, and Firearms. The case was prosecuted and tried by Assistant United States Attorneys Mike Schultz.
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