Escapee From County Courthouse Sentenced to 51 Months For Being A Felon In Possession Of A Firearm

SAN JOSE – John Penn Bivins, Jr. was sentenced to 51 months in prison for being a felon in possession of a firearm, announced United States Attorney David L. Anderson and United States Marshal Donald M. O’Keefe.  The sentence was handed down by the Honorable Lucy H. Koh, U.S. District Judge.

Bivins, 49, formerly of East Palo Alto, Calif., pleaded guilty to the charge on November 6, 2019.  According to his plea agreement, Bivins admitted that, on November 26, 2017, he possessed a Smith & Wesson 9mm pistol loaded with 15 rounds of ammunition.  Bivins admitted he possessed the weapon and ammunition at the Fairmont Inn in San Leandro, Calif., where law enforcement officers from the U.S. Marshals Service led task force encountered him.  Bivins also acknowledged that the pistol he possessed had been stolen and that when law enforcement officers apprehended him, he had escaped confinement for robbery charges in Santa Clara County 20 days earlier.  Bivins agreed that he thus possessed the pistol in connection with another felony offense. 

On November 6, 2019, the government filed a superseding information, charging Bivins with being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1).  After waiving his right to prosecution by indictment, Bivins consented to prosecution by information and then pleaded guilty to the charge.

The defendant is currently in state custody, and his sentence will run concurrently with any anticipated state court sentence arising out of the escape charge.  In addition to the prison term, Judge Koh sentenced Bivins to a three-year period of supervised release. 

Assistant U.S. Attorney Chinhayi Coleman Cadet is prosecuting the case with the assistance of Jessica Leung.  The prosecution is the result of an investigation by the United States Marshals Service, Santa Clara County Sheriff’s Office, California Highway Patrol, Vallejo Police Department, and in cooperation with the Santa Clara County District Attorney’s Office.