Cambria County Man Indicted On Firearms Violations
JOHNSTOWN, Pa. - Acting United States Attorney Robert S. Cessar announced today, May 12, 2010, that Dashaun J. Carmichael, of Johnstown, Pennsylvania, has been indicted by a federal grand jury in Johnstown on charges of violating federal narcotics and firearms laws.
The three-count indictment named Carmichael, age 29, as the sole defendant.
According to the indictment presented to the court, on February 3, 2010, Carmichael distributed less than 5 grams of cocaine base, commonly known as "crack," was in possession with intent to distribute 5 grams or more of cocaine base, and he also possessed a Ruger P85 9mm pistol. In 2004, Carmichael was convicted in Cambria County, Pennsylvania, of possession with intent to deliver a controlled substance, which is a crime punishable by imprisonment for a term exceeding one year. Federal law prohibits persons who have been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing firearms. Possession with intent to deliver a controlled substance is such a crime.
Assistant United States Attorney Stephanie L. Haines, who presented the case to the grand jury, indicated the law provides for a maximum total sentence of 70 years in prison, a fine of $3,250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
According to Mr. Cessar, this case is being prosecuted as part of the Project Safe Neighborhoods initiative, a collaborative effort by federal, state and local law enforcement, agencies, prosecutors and communities to prevent, deter and prosecute gun crime.
The Federal Bureau of Investigation, Laurel Highlands Resident Agency, the Cambria County Drug Task Force, and the Johnstown Police Department conducted the investigation leading to the indictment in this case.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.