DOJ Seal

Department of Justice

U.S. Attorney's Office
Northern District of Iowa

For Immediate Release

Thursday, January 7, 2016
Kevin W. Techau
, United States Attorney
Contact: Steve Young

Armed Career Criminal is Sentenced to Prison

Robert M. Hertz, age 52, of Cedar Rapids, Iowa, was sentenced in United States District Court in Cedar Rapids today, after pleaded guilty to one count of possessing a firearm and ammunition as a felon.

In an Indictment filed on June 11, 2015, Hertz was charged with possessing a .40 caliber rifle and 237 rounds of ammunition in May 2015, after he had previously been convicted of three felonies, namely, Arson, Second Degree Burglary, and Manufacturing Methamphetamine. Hertz pled guilty to that charge on July 22, 2015.

Today, Chief United States District Court Judge Linda R. Reade sentenced Hertz to serve 188 months in federal prison, to be followed by a five-year term of supervised release.

Evidence presented at the sentencing hearing showed that Hertz attempted to obstruct justice by trying to influence a witness to conceal information from the FBI about Hertz’s use and possession of guns. Other evidence presented showed Hertz possessed three guns and numerous ammunition magazines. Hertz was also shown to have made a number of concerning posts on his Facebook accounts including describing how he had: made a promise to kill another person for a friend, and remained committed to that promise, if called upon; offered to kill a woman and “bury her deep;” and on another occasion “burned the house down” around his unfaithful wife and brother-in-law. Hertz referred to himself on Facebook as a “professional convict” stating, “I used to say there’s one thing I do well and that’s time . . . I do it real good . . . and I am known for it out there.”

In sentencing Hertz, Judge Reade noted that Hertz’s Facebook messages reflect his “criminal thinking” and were very concerning, and although he had no recent criminal convictions, his “head is still not on straight.”

The case was prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by Homeland Security Investigations; Alcohol, Tobacco and Firearms; and the Federal Bureau of Investigation.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-00053.

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