ATF

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Bureau of Alcohol, Tobacco, Firearms and Explosives

Southern District of Iowa

www.justice.gov/usao/ias

For Immediate Release

January 23, 2013

Nicholas A. Klinefeldt, United States Attorney

Contact: Kevin VanderSchel, Public Information Officer
(515) 473-9300
kevin.vanderschel@usdoj.gov

Council Bluffs Man Sentenced on Gun Charge

COUNCIL BLUFFS, IA — On January 22, 2013, Charles Edward Duncan, age 25, of Council Bluffs, Iowa, was sentenced in United States District Court in Council Bluffs on the charge of prohibited person in possession of a firearm, announced United States Attorney Nicholas A. Klinefeldt. Chief United States District Court Judge James E. Gritzner sentenced Duncan to 34 months in prison and also ordered Duncan to serve 2 years of supervised release following his imprisonment. The Court also ordered Duncan to pay a $100.00 special assessment for the Crime Victim Fund, and to forfeit the firearm and ammunition found in his possession. Duncan, a victim of a recent shooting, was allowed to remain under the supervision of the United States Probation Office to receive further medical care for his wound, pending the Federal Bureau of Prisons designating the facility at which he is to serve his term of imprisonment.

The indictment alleged that Duncan was an unlawful user of controlled substances (marijuana) and that Duncan had, prior to possessing the firearm, been convicted of a misdemeanor crime of domestic violence. Either circumstance barred Duncan from possessing a firearm. The charge arose out of the execution of a State of Iowa search warrant by the SouthWest Iowa Narcotics Task Force on April 11, 2012, at Duncan’s residence in Council Bluffs, Iowa. During the search, officers found various indicia of use of marijuana by Duncan, and an AK–47 style rifle and ammunition. Duncan had on November 15, 2011 been convicted in the District Court of the State of Iowa for Pottawattamie County, Iowa, of a misdemeanor domestic assault resulting in physical injury, and was at the time of the search subject to a domestic abuse protection order.

This case was investigated by the SouthWest Iowa Narcotics Task Force and the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives, and was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.

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