U.S. Department of Justice

United States Attorney
District of South Dakota

District of South Dakotaa

For Immediate Release

Februrary 7, 2013

Mission Man Pleads Guilty to Firearm Charge

Mission, SD —United States Attorney Brendan V. Johnson announced that Gary Joe Emery, age 27, of Mission, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 6, 2013 and pled guilty to Felon in Possession of a Firearm. The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment.

On April 13, 2009 Emery was convicted of a felony in United States District Court – District of South Dakota. On June 10, 2012, Emery possessed a firearm at his residence in Todd County, South Dakota.

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.

In his plea agreement, Preston admitted that on January 25, 2011, he possessed the weapon while a passenger in a vehicle that was stopped by Minneapolis Police. Preston was asked to exit the vehicle, and officers found the weapon while searching him. In addition, officers found recovered 7.5 grams of marijuana and nearly four grams of crack cocaine.

A presentence investigation was ordered and a sentencing date was set for May 6, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.

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