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Bureau of Alcohol, Tobacco, Firearms and Explosives

District of Maryland

For Immediate Release

February 23, 2011

Rod J. Rosenstein, United States Attorney

Contact: Vickie E. LeDuc, Public Information Officer
(410) 209-4885

Frederick Armed Career Criminal Exiled to 15 Years in Prison for Illegal Possession of a Gun

Baltimore, Maryland — U.S. District Judge Richard D. Bennett sentenced Derek Edwin Lindsey, age 38, of Frederick, Maryland, today to 15 years in prison followed by five years of supervised release for being a felon in possession of a gun. Judge Bennett enhanced Lindsey’s sentence upon finding that he is an armed career criminal, based on at least three previous convictions for first degree burglary.

The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Theresa R. Stoop of the Bureau of Alcohol, Tobacco, Firearms and Explosives – Baltimore Field Division; Frederick County State’s Attorney J. Charles Smith; and Frederick Police Chief, Colonel Kim C. Dine.

This sentence is warranted for Mr. Lindsey’s actions, and his history of criminal offenses, says ATF Special Agent in Charge Theresa Stoop. For the next fifteen years, this career criminal will now wear the title of career prisoner.

According to Lindsey’s plea agreement, on November 4, 2009, Lindsey burglarized a home in the North Crossing subdivision of Frederick, stealing items including two laptops, jewelry, and two handguns. Lindsey took the stolen items to his apartment. He disposed of one of the handguns in the apartment building’s dumpster because he believed the gun was inoperable. He placed the other stolen handgun, a Russian-made Tokarev 7.62 x 25 mm caliber pistol, along with packages of ammunition, underneath the mattress of his bed. Lindsey was arrested the next day, after law enforcement personnel witnessed him burglarizing another home in the North Crossing subdivision.

During the investigation, officials learned that Lindsey was keeping a handgun and ammunition at his residence and a search warrant was executed. Officers recovered several items Lindsey had stolen from homes in the North Crossing area, including the stolen Tokarev handgun underneath the mattress in the master bedroom, along with 18 .357 caliber hollow point bullets, six.38 caliber special wadcutter bullets, and six .357 caliber pointed bullets.

Lindsey is serving a 25 year state sentence on related charges. Judge Bennett ordered that his federal sentence be served concurrent to Lindsey's state sentence.

United States Attorney Rod J. Rosenstein commended the ATF, Frederick Police Department and the Frederick County State’s Attorney’s Office for their work in this investigation and thanked Assistant United States Attorney Sujit Raman, who prosecuted the case.