December 19, 2007

SHELBURNE MAN SENTENCED FOR POSSESSION OF SAWED-OFF SHOTGUN

The Office of the United States Attorney stated that Stephen Walter, 24, of Shelburne, was sentenced to 24 months in prison for possession of a sawed-off shotgun in violation of the federal firearms laws. Walter was sentenced today before the Honorable J. Garvan Murtha, United States District Court Judge, in Rutland. Following his prison sentence, Walter will be on Federal Supervised Release for two years.

According to court documents, in the summer of 2006, the UVM Police Department obtained a search warrant for Walter’s apartment in Burlington after receiving information that Walter was distributing marijuana. During the search, the police seized over a pound of marijuana packaged for sale, hallucinogenic mushrooms, scales, two safes, over $19,000 in currency, and a sawed-off shotgun with a barrel length of 13.5 inches.

During the search, the police also observed, but did not seize, nine other firearms including six handguns (five fully loaded), and two assault rifles (both fully loaded). These weapons were located in various places and were all within easy reach of the apartment’s occupants. For example, a fully loaded AK-47 with attached bayonet was found leaning against the door frame behind the bedroom door. The sawed-off shotgun along with several other firearms were located in the bedroom closet where the safe and money were located. In addition to these items, the searching officers also observed and photographed a bullet proof vest.

After the search, Walter was taken into custody on a state drug charge and was subsequently released on conditions of release, including a condition that he not possess firearms. Upon release from custody, Walter surrendered the remaining firearms to law enforcement.

At today’s sentencing hearing the United States recommended that Walter be sentenced in accordance with the Federal Sentencing Guidelines, which provided for a sentence of between 57 and 71 months in prison. The United States argued that such a sentence was warranted because of the serious nature of the offense, the significant risk of violence Walter created by having loaded guns in close proximity to his drugs and money, and his use of these guns to facilitate his drug trade. The United States further argued that a Guideline Sentence was warranted to send a strong and clear message that individuals who deal drugs and use guns face significant prison terms. Judge Murtha decided not to follow the Sentencing Guidelines and instead departed from the recommended guideline range and imposed a 24 month sentence based on the defendant’s claimed rehabilitation and another factors.

United States Attorney Thomas D. Anderson praised the collaborative work of ATF and the UVM Police during the investigation and prosecution of this case.

The prosecution of the case is being handled by United States Attorney Thomas D. Anderson and Assistant U.S. Attorney John M. Conroy. Walter is represented by Bradley Stetler, Esq