Bureau of Alcohol, Tobacco, Firearms and Explosives

Fort Myers, Florida – U.S. District Judge Thomas P. Barber today sentenced Herman Fleming (29, Fort Myers) to 12 years in federal prison for possessing a firearm as a convicted felon, possessing with the intent to distribute methamphetamine and fentanyl, and supervised release violations.  Fleming had pleaded guilty in March 2022.

According to court documents, on August 24, 2021, an undercover ATF agent watched Fleming, a convicted felon, purchase an AK-47 style rifle at a North Fort Myers flea market. The agent recognized Fleming because, in nearly identical circumstances four years earlier, the agent had personally witnessed Fleming illegally purchase a rifle at a North Fort Myers gun show. That investigation resulted in federal charges for Fleming and a three-year federal prison sentence.

Knowing Fleming and that he had recently been released from prison, the undercover ATF agent and deputies from the Lee County Sheriff’s Office followed Fleming from the flea market and conducted a traffic stop on his vehicle. Inside the vehicle, the officers found the AK-47 Fleming had purchased, as well as 25 grams of pure methamphetamine and 10 grams of fentanyl, which Fleming admitted he had intended to distribute to others.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the Lee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Michael Leeman.

This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Roger B. Handberg coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

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