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Department of Justice

U.S. Attorney's Office
Eastern District of Virginia
Jessica D. Aber, United States Attorney
For Immediate Release
Friday, December 8, 2023

Portsmouth Man Pleads Guilty to Possessing a Machine Gun

NORFOLK, Va. — A Portsmouth man pleaded guilty yesterday to illegal possession of a machine gun.

According to court documents, on June 9, 2022, Portsmouth Police Department received a 911 call about two men with firearms. In response, officers were dispatched to a BP gas station located on George Washington Highway in Portsmouth, Virginia. When officers arrived on scene, two men immediately fled on foot. Officers observed Brian Levarr Perry Jr., 24, seated in a van and another man standing near the van. The other man fled on foot. Officers arrested Perry and conducted a pat down of Perry’s person. During the pat down, the officers found a Glock Model 33 firearm in the defendant’s waistband. The Glock firearm had an auto sear attached to it.

Perry is scheduled to be sentenced on May 15, 2024. He faces a maximum penalty of 10 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Craig Kailimai, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives Washington Field Division; Stephen Jenkins, Chief of Portsmouth Police; and Paul Neudigate, Chief of Virginia Beach Police, made the announcement after U.S Magistrate Judge Robert J. Krask accepted the plea.

Assistant U.S. Attorney Megan Montoya is prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities and measuring the results.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for case number 2:23-cr-22.


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