DOJ Seal

Department of Justice

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

For Immediate Release

Friday, May 5, 2017
John R. Parker
, United States Attorney
Contact: Lisa Slimak

Lubbock Man Sentenced to 71 Months in Federal Prison on Firearm Conviction

LUBBOCK — Jose Augustine Hernandez, 32, of Lubbock, was sentenced this morning by Senior U.S. District Judge Sam R. Cummings to 71 months in federal prison, following his guilty plea in January 2017, announced U.S. Attorney John Parker of the Northern District of Texas.

Hernandez pleaded guilty to one count of convicted felon in possession of a firearm and ammunition.  Hernandez has been in custody since the time of his arrest in April 2016.

According to documents filed in the case, on April 5, 2016, an officer with the Lubbock County, Texas, Sheriff’s Office responded to a vehicle obstructing a roadway just outside the City of Lubbock.  The driver and sole occupant was identified as Hernandez.  Hernandez told officers he had run out of gas.  While speaking with Hernandez, the officer noticed the butt of a shotgun between the console and front passenger seat of the vehicle.  The officer asked Hernandez, who had previously been convicted of a crime punishable by a term of imprisonment exceeding one year, to step out of the vehicle and the officer noticed the smell of marihuana coming from inside the car.  Hernandez admitted to smoking marihuana inside the vehicle.  Hernandez was found to have outstanding warrants and was placed under arrest.  The officer then searched Hernandez and located several baggies containing methamphetamine in Hernandez’s pocket.  Hernandez was also in possession of a cell phone that contained several text messages related to the purchase and sale of narcotics.  The officer also located approximately twenty-two 20-gauge shotgun shells inside the vehicle.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives, Lubbock County Sheriff’s Office, and Lubbock Police Department investigated the case.  Assistant U.S. Attorney Sean Long prosecuted.

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Field Division: Dallas Field Division