Lincoln, Nebraska Man Sentenced As An Armed Career Criminal
COUNCIL BLUFFS, IA - On January 20, 2012, Kevin C. Hershman, age 42, of Lincoln, Nebraska, was sentenced in United States District Court in Council Bluffs, upon his conviction for being a felon in possession of a firearm, announced United States Attorney Nicholas A. Klinefeldt. United States District Court Judge Robert W. Pratt sentenced Hershman to 160 months imprisonment, plus three (3) years of supervised release following his imprisonment, and imposed a $100.00 special assessment for the Crime Victim Fund. The Defendant was ordered to remain in the custody of the United States Marshal for return to Lancaster County, Nebraska, to face pending state charges of arson and other charges there, before being designated to a Federal Bureau of Prison facility at which he will serve his federal sentence.
On October 14, 2010, an indictment was returned by the Federal Grand Jury in the Southern District of Iowa, charging Kevin C. Hershman with being a felon in possession of a firearm. At the time Hershman was charged in Federal Court in the Southern District of Iowa, he was incarcerated on arson and other charges in Lancaster County, Nebraska. Hershman remained in the custody of Nebraska authorities until being brought to Federal Court in the Southern District of Iowa by a writ of habeas corpus ad prosecundum in October of 2011. Hershman appeared in Federal Court in Council Bluffs on November 3, 2011, and pled guilty to this firearms charge.
At sentencing, Hershman was found to be an Armed Career Criminal under federal law. That is, Hershman, prior to possessing the firearms in the current federal offense for which he was sentenced, was convicted of three or more felony offenses for crimes of violence or drug trafficking crimes. These prior offenses included a federal conviction for a series of armed bank robberies in 1990 in the State of Washington; Terroristic Threats, including the use of a firearm, in 2004, in Nebraska; and Conspiracy to Commit First Degree False Imprisonment, that is, conspiracy to commit a store robbery including intended use of a firearm, in 2008, in Nebraska. In sentencing Hershman, the Judge, citing a lack of knowledge of the nature and circumstances of the charges pending in Lancaster County, Nebraska, declined a request by the Defendant to impose the federal sentence to run concurrently with, that is, at the same time as, the sentence yet to be imposed in the pending arson case in the District Court of Nebraska for Lancaster County.
This case was investigated by the Iowa Division of Narcotics Enforcement, and the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives, and was prosecuted by the United States Attorneys Office for the Southern District of Iowa.