ATF

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Bureau of Alcohol, Tobacco, Firearms and Explosives

Northern District of California

www.justice.gov/usao/can

For Immediate Release

September 12, 2013

Melinda Haag, United States Attorney

Contact: Lili AraúzHaase
(415) 436-6811
Lillian.ArauzHaase@usdoj.gov

Oakland Gang Member Sentenced to 12 Years for Firearm Possession Related to a Shoot–Out

SAN FRANCISCO — Diandre Cummings, a member of the Oakland "Money Team" gang, was sentenced yesterday to serve a sentence of 144 months of imprisonment, United States Attorney Melinda Haag announced.

Cummings was indicted by federal grand jury on January 10, 2013, and charged with two counts being a Felon in Possession of a Firearm and Ammunition, in violation of 18 U.S.C. § 922(g). Cummings pleaded guilty to both counts in the Indictment on June 5, 2013.

Evidence showed that on October 21, 2012, Cummings engaged in a shoot–out on the street in Oakland with a rival gang member. The rival gang member was in a car with his family while the two men shot at each other. Cummings was not apprehended on the scene. Rather, on November 8, 2012, officers of the Oakland Police Department conducted surveillance on Cummings and caught him with a pistol in his vehicle. Cummings had previously been convicted of at least one felony offense and the ammunition and firearm had previously moved in interstate or foreign commerce. The sentence was imposed for the defendant’s possession of a firearm and ammunition during a shoot–out with a rival gang member and subsequent possession of a different firearm.

The sentence was handed down by The Honorable Phyllis J. Hamilton, U.S. District Judge. In addition to his prison term, Cummings was also sentenced to a 3–year period of supervised release and was also banned from any contact with members of Oakland’s Money Team gang during his period of supervision.

"This substantial sentence should send a strong message that we are dedicated to curbing gang violence, shootings, and the illegal use and possession of firearms in the City of Oakland. This case is a perfect example of the effectiveness of cooperative work between federal and local law enforcement– in this case the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Oakland Police Department. My office, and the numerous federal agencies working alongside the Oakland Police Department, will continue these ongoing efforts for maximum impact on violence reduction and making Oakland a safer city for all of its residents," said United States Attorney Melinda Haag.

The case was prosecuted by Assistant United States Attorney James Mann with the assistance of Vanessa Vargas. The prosecution is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Oakland Police Department.

Further Information:

Case #: CR 09–0749 MMC

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.

Judges’ calendars with schedules for upcoming court hearings can be viewed on the court’s website at www.cand.uscourts.gov.

All press inquiries to the U.S. Attorney’s Office should be directed to Lili AraúzHaase at (415) 436–6811 or by e–mail at Lillian.ArauzHaase@usdoj.gov.

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