Richmond Man Convicted of Holding Undercover Agent at Gunpoint During Attempted Robbery

OAKLAND -- Khusar Mobley was convicted by a federal jury yesterday of assault on a federal officer, robbery, and brandishing a firearm during a violent crime, announced United States Attorney Melinda Haag. The guilty verdict followed a four-day jury trial before The Honorable Yvonne Gonzalez Rogers, United States District Court Judge.

Evidence at trial showed that Mobley,19, of Richmond, California, used a loaded firearm in an attempt to rob an undercover agent from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) during an undercover operation. Mobley’s co-defendants – Otis Mobley and D’Marce Hutcherson – pleaded guilty and were sentenced to 114 months and 104 months, respectively, in May 2013.

Mobley was charged by Indictment on April 5, 2012, with one count of Conspiracy to Commit Robbery of Mail, Money, or Other Property of the United States, and Assault on a Federal Officer, in violation of Title 18, United States Code, Section 371; one count of Assault on a Federal Officer with a Deadly Weapon, in violation of Title 18, United States Code, Section 111(b); one count of Robbery of Mail, Money, or Other Property of the United States, in violation of Title 18, United States Code, Section 2114(a); and one count of Using, Carrying, Possessing, and Brandishing a Firearm During a Crime of Violence, in violation of Title 18, United States Code, Section 924(c). He was found guilty on all counts.

Mobley has been in custody since his arrest on March 28, 2013. His sentencing hearing is scheduled for October 23, 2013 before the Honorable Judge Gonzalez Rogers in Oakland. The maximum statutory penalties for each count are as follows:

Count One: 18 U.S.C. § 371 - Conspiracy to Commit Robbery of Mail, Money, or Other Property of United States and Assault on a Federal Officer.

(1)	Imprisonment:	Maximum 5 Years Imprisonment
(2)	Fine:	Maximum $250,000
(3)	Supervised Release:	Maximum 3 Years

Count Two: 18 U.S.C. § 111(b) - Assault on a Federal Officer with a Deadly or Dangerous Weapon.

(1)	Imprisonment:	Maximum 20 Years Imprisonment
(2)	Fine:	Maximum $250,000
(3)	Supervised Release:	Maximum 3 Years

Count Three: 18 U.S.C. § 2114(a) - Robbery of Mail, Money, or Other Property of United States.

(1)	Imprisonment:	Maximum 25 Years Imprisonment
(2)	Fine:	Maximum $250,000
(3)	Supervised Release:	Maximum 3 Years

Count Four: 18 U.S.C. § 924(c)(1)(A)(ii) - Using, Carrying and Brandishing a Firearm During and in Relation to a Crime of Violence.

(1)	Imprisonment:	Maximum Life Imprisonment Mandatory Minimum 7 Years Imprisonment Consecutive To Any Other Term Of Imprisonment
(2)	Fine:	$250,000
(3)	Supervised Release:	Maximum 5 Years

However, any sentence following this conviction will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

James Mann and Natalie Lee are the Assistant U.S. Attorneys who prosecuted this case with the assistance of Patty Lau, Vanessa Vargas, and Katie Turner. The prosecution is the result of an investigation by the ATF and various local police departments.