ATF

Sample Block


Bureau of Alcohol, Tobacco, Firearms and Explosives

Northern District of California

www.justice.gov/usao/can

For Immediate Release

June 21, 2013

Melinda Haag, United States Attorney

Contact: Josh Eaton, Public Information Officer
(612) 664-5611
josh.eaton@usdoj.gov

Richmond Man Convicted of Holding Undercover Agent at Gunpoint During Attempted Robbery

OAKLAND — Khusar Mobley was convicted by a federal jury yesterday of assault on a federal officer, robbery, and brandishing a firearm during a violent crime, announced United States Attorney Melinda Haag. The guilty verdict followed a four–day jury trial before The Honorable Yvonne Gonzalez Rogers, United States District Court Judge.

Evidence at trial showed that Mobley, 19, of Richmond, California, used a loaded firearm in an attempt to rob an undercover agent from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) during an undercover operation. Mobley’s co–defendants – Otis Mobley and D’Marce Hutcherson – pleaded guilty and were sentenced to 114 months and 104 months, respectively, in May 2013.

Mobley was charged by Indictment on April 5, 2012, with one count of Conspiracy to Commit Robbery of Mail, Money, or Other Property of the United States, and Assault on a Federal Officer, in violation of Title 18, United States Code, Section 371; one count of Assault on a Federal Officer with a Deadly Weapon, in violation of Title 18, United States Code, Section 111(b); one count of Robbery of Mail, Money, or Other Property of the United States, in violation of Title 18, United States Code, Section 2114(a); and one count of Using, Carrying, Possessing, and Brandishing a Firearm During a Crime of Violence, in violation of Title 18, United States Code, Section 924(c). He was found guilty on all counts.

Mobley has been in custody since his arrest on March 28, 2013. His sentencing hearing is scheduled for October 23, 2013 before the Honorable Judge Gonzalez Rogers in Oakland. The maximum statutory penalties for each count are as follows:

Count One: 18 U.S.C. § 371 – Conspiracy to Commit Robbery of Mail, Money, or Other Property of United States and Assault on a Federal Officer.

      Imprisonment: Maximum 5 Years Imprisonment
      Fine: Maximum $250,000
      Supervised Release: Maximum 3 Years

    Count Two: 18 U.S.C. § 111(b) – Assault on a Federal Officer with a Deadly or Dangerous Weapon.

        Imprisonment: Maximum 20 Years Imprisonment
        Fine: Maximum $250,000
        Supervised Release: Maximum 3 Years

      Count Three: 18 U.S.C. § 2114(a) – Robbery of Mail, Money, or Other Property of United States.

          Imprisonment: Maximum 25 Years Imprisonment
          Fine: Maximum $250,000
          Supervised Release: Maximum 3 Years

        Count Four: 18 U.S.C. § 924(c)(1)(A)(ii) – Using, Carrying and Brandishing a Firearm During and in Relation to a Crime of Violence.

            Imprisonment: Maximum Life Imprisonment
            Mandatory Minimum 7 Years Imprisonment Consecutive To Any Other Term Of Imprisonment
            Fine: $250,000
            Supervised Release: Maximum 5 Years

          However, any sentence following this conviction will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

          James Mann and Natalie Lee are the Assistant U.S. Attorneys who prosecuted this case with the assistance of Patty Lau, Vanessa Vargas, and Katie Turner. The prosecution is the result of an investigation by the ATF and various local police departments.

          Further Information:

          Case #: CR–12–00235 YGR

          A copy of this press release may be found on the U.S. Attorney’s Office’s website at www.usdoj.gov/usao/can.

          Electronic court filings and further procedural and docket information are available at https://ecf.cand.uscourts.gov/cgi-bin/login.pl.

          www.cand.uscourts.gov.

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