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Bureau of Alcohol, Tobacco, Firearms and Explosives

Eastern District of California

For Immediate Release

Thursday, January 05, 2012

Benjamin B. Wagner, United States Attorney

Contact: Lauren Horwood, Public Information Officer
(916) 554-2706

Stockton Felon Sentenced for Ammunition Violation

SACRAMENTO, Calif. — United States Attorney Benjamin B. Wagner announced that today United States District Judge Morrison C. England Jr. sentenced Alan Michael Hernandez, 28, of Stockton, to five years and 10 months in prison, to be followed by three years of supervised release, for being a felon in possession of ammunition.

This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Stockton Police Department. Assistant United States Attorneys Paul A. Hemesath and Michael M. Beckwith prosecuted the case.

According to testimony presented at trial, two Stockton Police Department officers were patrolling a Stockton neighborhood in the early morning hours of September 11, 2009. The officers attempted to contact Hernandez, who was walking on the sidewalk. Hernandez did not respond but walked up a residential driveway to a darkened porch.

Officers testified that when Hernandez reached the porch and stooped over, they heard a metallic sound. The officers restrained Hernandez and observed a small handgun nearby. Officers later determined that Hernandez was a resident of the house. There were six rounds of ammunition in the handgun, which constituted the basis for the conviction.

According to court documents, Hernandez was convicted in San Joaquin County in 2003 for possession of cocaine base for sale, in 2004 for receipt of stolen property, and in 2008 for possession of a controlled substance and receipt of stolen property.