Felon Sentenced for Illegally Possessing a Gun to almost 5 Years in Federal Prison

RALEIGH, N.C. – A Federal Judge sentenced Marcus Terrell Burney, 44, to 4.8 years in federal prison for possession of a gun by a felon.  Inmate Burney pleaded guilty to the crime.

According to court documents and other information presented in court, Inmate Burney drove his car on I-40 in Sampson County with an expired registration. Sampson County Sheriff’s Office conducted a traffic stop and during an open-air sniff, K-9 “Rocky” gave a positive alert for the presence of narcotics. That led to the Sampson County Sheriff’s Office along with ATF to conduct a probable cause search of the car, which yielded a loaded S7W M&P 40 caliber gun in the center console, an open bottle of tequila, digital scales with powder residue, and marijuana residue. Inmate Burney had a blood alcohol content level of 0.13 when tested on the roadside.

This conviction is Inmate Burney’s third federal conviction. First, in 2004, Inmate Burney was convicted of federal felony offenses Possession with the Intent to Sell Marijuana and Possession of a Gun in Furtherance of a Drug Crime. Second, in 2012, Inmate Burney was convicted of the federal felony offenses Conspiracy to Possess with Intent to Sell Crack Cocaine and Hydrocodone. Inmate Burney was on Federal Supervised Release at the time of the third offense.

“It’s really easy to avoid this type of crime.  If you cannot legally possess a gun, then don’t even try.  Stay away from drug dealing, too, unless you want to go to prison for many years.” said U.S. Attorney Ellis Boyle.

“Thanks to the alert work of our deputies, a traffic stop led to the arrest of an individual who was already on federal probation and illegally in possession of a firearm. This case highlights the importance of proactive policing and traffic enforcement in keeping dangerous weapons off our streets. I’m proud of our deputies for their dedication to public safety and their commitment to holding offenders accountable” said Sampson County Sheriff Jimmy Thornton.

W. Ellis Boyle, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by Chief U.S. District Judge Richard E. Myers II. Sampson County Sheriff’s Office and ATF investigated the case and Special Assistant U.S. Attorney, Aria Q. Merle and Assistant U.S. Attorney Tim Severo prosecuted the case.

A copy of this press release is located on our website. Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina.