June 17, 2008

WINOOSKI MAN SENTENCED FOR SHORT-BARRELED SHOTGUN

The Office of the United States Attorney for the District of Vermont stated
that Robert James Carton, 50, of Winooski, was sentenced yesterday by Judge William K. Sessions in the United States District Court in Burlington to time served and two years of supervised release for possession of an unregistered short-barreled shotgun. As condition of supervised release, Carton will be confined to his home for six months with electronic monitoring. Judge Sessions also ordered Carton to pay a fine of $4,000.

According to court records, on July 21, 2007, the Colchester Police Department responded to a private beach area for a report of a man pointing a firearm at another person. The man, later identified as Carton by witnesses at the beach area, gave the gun to a friend at the beach area and departed prior to the arrival of the police. Police located Carton at his residence and cited him into Chittenden County District Court for reckless endangerment, a misdemeanor. Carton admitted possessing the gun, but denied pointing it at anyone. Police recovered the firearm from Carton's friend and contacted the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) because the gun was a short-barreled shotgun. ATF conducted an investigation revealing that the firearm possessed by the defendant was a shotgun with a barrel less than 18 inches in length and that the firearm was not registered as required by the National Firearms Act, which mandates registration of specific weapons, including such shotguns. On December 6, 2007, a federal grand jury sitting in Burlington indicted defendant on the felony charge.

At the sentencing hearing, the United States recommended that Carton be sentenced in accordance with the advisory Federal Sentencing Guidelines, which provided for a prison sentence between 18 and 24 months. The government argued that such a sentence was warranted because, among other things, the defendant pointed the gun while loaded at another person in a threatening manner. Applying the Guidelines, Judge Sessions granted Carton's motion for a downward departure based on aberrant behavior and totality of the circumstances, citing, among other things, defendant's lack of a criminal record, his record of compliance with his conditions while on pretrial release, and the low likelihood of recidivism.

U.S. Attorney Thomas D. Anderson commended the investigation of the case by ATF and the Colchester Police Department. Carton was represented by Burlington attorney David Casier. Assistant United States Attorney Craig Nolan prosecuted the case.

U.S. Attorney Anderson noted that this prosecution is part of the U.S. Department of Justice's Project Safe Neighborhood, a nationwide commitment to reduce gun crime in America. Led by the U.S. Attorney's Office and the Bureau of Alcohol Tobacco, Firearms and Explosives, Project Safe Neighborhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who violate federal gun laws.

For more information about Project Safe Neighborhood and Project Safe Vermont, please visit: www.psn.gov.