Denver Convicted Felon Sentenced To 40 Months In Prison For Illegally Possessing Firearm

DENVER – United States Attorney Jason R. Dunn announced that Andre Daniel Gilmore of Denver was sentenced on September 16, 2020, to serve 40 months in prison for being a felon in possession of a firearm, to run concurrent to his 16 year state prison sentence for attempted murder in Denver County.  The Denver Field Division of the ATF joined in this announcement. 

According to the stipulated facts contained in Gilmore’s plea agreement, on May 12, 2017, a Denver Police officer was patrolling along the Speer Boulevard corridor in Denver because of recent property crimes.  At approximately 2:40 a.m., the officer observed a male, later identified as Gilmore, on a bicycle, possibly casing buildings.   The officer approached Gilmore and took him into custody after Gilmore lied about his name.  When additional officers arrived Gilmore gave his real name and stated he had a gun.  The officers recovered a loaded 9mm pistol.  A records check on the firearm determined it was stolen.  At the time of his arrest, Gilmore was free on bond from the attempted murder case in Denver County.

Gilmore is prohibited from possessing firearms because he was previously convicted of a felony.  In 2014, Gilmore pleaded guilty and was sentenced to serve 28 months in prison for being a felon in possession of a firearm.  In 2004, he was convicted of robbery.  

“This office has taken a hard line on felons who illegally possess firearms,” said U.S. Attorney Jason Dunn.  “In Colorado, federal sentences for felon in possession are much tougher than at the state level, and I have told local law enforcement that we will gladly take these cases for prosecution to help them rid their communities of the worst and most violent actors.”

“The defendant violated Federal firearms law in addition to disrupting the safety of the public,” said ATF Denver Field Division Special Agent in Charge David Booth.  “ATF and our law enforcement partners will tirelessly pursue those that bring violent crime into our communities with every tool at our disposal.”

Gilmore was prosecuted by Assistant U.S. Attorney Jason St. Julien.  The sentence was pronounced by U.S. District Court Judge William J. Martinez.  The case was investigated by the Denver Field Division of the ATF and the Denver Police Department.  

A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado.  Related court documents can be found on PACER.  The defendant’s case number is 17-cr-327. 

This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.  For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.            

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.