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Bureau of Alcohol, Tobacco, Firearms and Explosives

Eastern District of California

For Immediate Release

Thursday, February 17, 2011

Benjamin B. Wagner, United States Attorney

Contact: Lauren Horwood

Fresno Felon Faces Charges for Illegal Firearms Possession for a Third Time in Less Than 10 Years

Fresno, Calif. — United States Attorney Benjamin B. Wagner announced that a federal grand jury returned an indictment today charging Kenneth Carter, 30, of Fresno, with being a felon in possession of a firearm and ammunition.

This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fresno Police Department.

According to the indictment, on February 7, 2011, Carter was in possession of a Walther PPK, .380 ACP pistol and five rounds of Remington ammunition. Carter had been convicted in Fresno County Superior Court for transportation of a controlled substance in 2002, for forgery, and being a felon in possession of a firearm in 2003.

When he committed the offense alleged in the indictment, he was on probation for a 2007 conviction in the United States District Court in the Eastern District of California for being a felon in possession of a firearm.

ATF and our partners will remain vigilant in targeting repeat offenders and seize firearms that are dangerously in their possession, stated ATF Special Agent in Charge Stephen C Herkins. The collateral damage caused by these criminals is unacceptable.

The maximum statutory penalty for the charge is 10 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

The charges are only allegations and the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.