Convicted felon sentenced to over 15 years for restaurant robbery

Editor's Note:
This matter occurred on date indicated, but not published at that time due to government shutdown. Press release posted and made available following the return to normal operations.   

HOUSTON – A 34-year-old Houston resident and documented gang member has been ordered to federal prison for striking a manager with a gun at a local food establishment during a robbery, announced U.S. Attorney Nicholas J. Ganjei.

U.S. District Judge Alfred H. Bennett found Kelvin Patton guilty of interference with commerce through robbery and brandishing a firearm during and in relation to a crime of violence following a one-day bench trial that occurred Nov. 5, 2024.

The court has now handed Patton an 89-month term of imprisonment for the robbery. He also received 96 months for the firearms charge which must be served consecutively to the other sentence imposed. The total 185-month prison term will be immediately followed by five years of supervised release. At the hearing, the court heard additional evidence that described Patton’s lengthy history of repeatedly committing felony offenses, even while on court supervision. In handing down the sentence, Judge Bennett noted Patton was on a path that will lead to one of two places - him spending the rest of his life in prison or his early death.

From 2019 to 2022, Patton committed multiple felonies, including robbery, vehicle theft and unlawful possession of firearms and body armor. In each instance, he was released on bond.

Shortly following the release on the weapons charge, Patton followed a Denny’s manager from a bank to the restaurant on Hillcroft Ave. in Houston. Surveillance video captured Patton striking the manager in the head with a firearm and stealing a bank bag before fleeing in a car.

Later, someone observed Patton looking into vehicles outside a bank. Patton followed the person as they left. However, authorities identified him and took him into custody.

At trial, the defense argued the robbery was outside federal jurisdiction. The court did not believe those claims and found Patton guilty as charged.

As a convicted felon, he is prohibited from possessing firearms or ammunition per federal law.

Patton will remain in custody pending transfer to a Federal Bureau of Prisons facility to be determined in the near future.

Houston Police Department conducted the investigation with the assistance of U.S. Marshals Service. Assistant U.S. Attorney Stuart Tallichet prosecuted the case.