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Justice News

Department of Justice
U.S. Attorney’s Office
Northern District of California

Monday, February 2, 2015

Oakland Man Convicted On Federal Gun Charge

SAN FRANCISCO – Kevin Fuqua was convicted of being a felon in possession of a firearm and ammunition by a federal jury last week, announced United States Attorney Melinda Haag and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Joseph Riehl.

Evidence at trial showed that Kevin Fuqua, 29, of Oakland, possessed a firearm loaded with eleven rounds of ammunition. Specifically, Oakland Housing Authority Police Officers responding to reports of suspected drug dealing near Manzanita Park in East Oakland, encountered the defendant sleeping in a parked car.  The defendant gave a false name and birthdate to the officers and tried to run away.  During the struggle that followed, the officers recovered a loaded semiautomatic firearm.  The guilty verdict followed a jury trial conducted before the Honorable James Donato, U.S. District Court Judge.

Mr. Fuqua was indicted by a federal grand jury on May 22, 2014.  He was charged with being a felon in possession of a firearm.   On December 4, 2014, the grand jury returned a superseding indictment adding a count of felony possession of ammunition in addition to the original firearm charge.

Mr. Fuqua is currently being held in federal custody pending sentencing.

The defendant's sentencing hearing is scheduled for May 8, 2015, before Judge Donato in San Francisco.  The maximum statutory penalty for being a felon in possession of a firearm and ammunition, in violation of Title 18, Section 922(g)(1), is 10 years imprisonment and a fine of $250,000.  However, any sentence will be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Brigid Martin, Assistant U.S. Attorney, and Roger Dinh, Special Assistant U.S. Attorney, are the attorneys who are prosecuting the case with the assistance of Noble Hughes, Melissa Dorton, Katie Turner, and Tim Kingwell.  The prosecution is the result of an investigation by the ATF and the Oakland Housing Authority Police Department.

Updated September 1, 2015