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July 12, 2010


(HOUSTON) – Herbert Cisco Hay, 49, of New Caney, Texas, reputed to be a major in the Aryan Brotherhood of Texas prison gang and a convicted felon, has been convicted and sentenced to prison for possessing a firearm, United States Attorney José Angel Moreno and Assistant Attorney General Lanny A. Breuer for the Department of Justice Criminal Division announced today.

Hay was convicted of being a felon in possession of a firearm on March 15, 2010, after pleading guilty. Today, United States District Judge Lynn N. Hughes sentenced Hay to 60 months in federal prison to be followed by a three year term of supervised release.

According to court documents, on Dec. 7, 2009, Montgomery County Precinct 4 Constable deputies along with special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) served Hay at his New Caney, Texas residence with a warrant for his arrest for violating conditions of his state of Texas parole.  A search of Hay incident to his arrest resulted in the discovery of a RG Industries .22 caliber revolver in his rear pocket.  Hay, who has several prior felony convictions including aggravated robbery and delivery of a controlled substance, is prohibited by federal law from possessing firearms.           

The charges are the result of the ongoing investigative efforts of the ATF, the United States Marshals Service, the Department of Justice’s Gang Targeting, Enforcement and Coordinating Center and the Montgomery County Constable Precinct 4 Office.  Assistant United States Attorney Jay Hileman and Department of Justice Gang Unit Prosecutor David N. Karpel prosecuted the case.

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