Four-time Felon Exiled to 15 Years on Gun Charges

November 23, 2009

Baltimore, Maryland - U.S. District Judge J. Frederick Motz sentenced Andre Kirby, age 29, of Baltimore, today to 15 years in prison, followed by five years of supervised release, for being a felon in possession of a firearm, announced United States Attorney for the District of Maryland Rod J. Rosenstein. Judge Motz enhanced Kirby’s sentence upon finding that he was an armed career criminal based on four previous narcotics convictions.

According to Kirby’s plea agreement, on May 2, 2008, Baltimore City Police Department detectives received a tip regarding an individual with illegal narcotics and firearms in the 900 block of North Chester Street in Baltimore City, Maryland. Detectives, working in plainclothes and in an unmarked vehicle, approached Kirby’s car, which was parked in that area. The detectives noticed a distinct smell of burnt marijuana and Kirby acknowledged that he had just finished smoking a blunt - street slang for a hollowed-out cigar used to smoke marijuana. Kirby was detained and his car was searched. Detectives recovered: a Ruger, .45 caliber pistol, loaded with seven .45 auto caliber cartridges; and a Ruger, .357 caliber revolver, loaded with six .357 magnum caliber cartridges; and $1,024 dollars in cash from Kirby. The firearms were submitted for DNA testing which resulted in a positive match for Kirby.

United States Attorney Rod J. Rosenstein thanked the Baltimore City State’s Attorney Patricia C. Jessamy and Assistant State’s Attorney Brandis Marsh, the Baltimore Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives for their assistance in the investigation and prosecution. Mr. Rosenstein commended Assistant U.S. Attorney John W. Sippel, who is prosecuting the case.



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