Sample Block

Bureau of Alcohol, Tobacco, Firearms and Explosives

Eastern District of California

For Immediate Release

Thursday, May 26, 2011

Benjamin B. Wagner, United States Attorney

Contact: Lauren Horwood

Fresno Felon Faces Charges for Illegal Possession

FRESNO, Calif. – United States Attorney Benjamin B. Wagner announced today that a federal grand jury returned a superseding indictment charging Vue Her, 26, of Fresno, with two counts of being a felon in possession of a firearm and one count of possession with intent to distribute methamphetamine.

This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Clovis Police Department, and the California Highway Patrol. The investigation and prosecution are part of Project SAFE Neighborhoods, a cooperative effort of federal, state, and local law enforcement agencies aimed at combating firearms and violent crimes. Assistant United States Attorney Kimberly A. Sanchez is prosecuting the case.

According to court documents, Her was charged on January 2011 with being a felon in possession of a firearm. He was released from custody but was rearrested on April 23, 2011 and found to be in possession of a Beretta .380-caliber pistol in his possession and methamphetamine for distribution.

ATF and our partners are on alert to identify repeat violent offenders who illegally possess firearms and threaten our communities, stated Stephen C. Herkins. We will continue to investigate, arrest and prosecute these violent criminals.

In addition the indictment alleges that Her has the following prior convictions for felony offenses:

2005 – Fresno County Superior Court conviction for carrying a concealed weapon with a prior.

2008 – United States District Court for the Eastern District of California conviction for being a felon in possession of a firearm.

The maximum statutory penalty for the charges is 60 years in prison and a $2.5 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

The charges are only allegations and the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.