Buffalo Man Pleads Guilty To Gun Charge

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jimmy Lee Barner, 35, of Buffalo, NY, pleaded guilty to being a felon-in-possession of a firearm before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on December 7, 2016, Amherst, NY police officers stopped a vehicle in connection with a report of larceny from a Kohl’s department store on Transit Road in Williamsville, NY.  The defendant was one of four occupants and was sitting in the front passenger seat. Stolen merchandise was recovered from some of the occupants.

A subsequent search of the vehicle for additional items of stolen property resulted in the seizure of a .380 caliber semi-automatic pistol from the glove box. The firearm was loaded with nine rounds of ammunition. Subsequently, a DNA sample was taken from Barner to compare with DNA collected from the firearm. Testing confirmed that the defendant’s DNA was on the firearm. 
           
Barner was previously convicted of local charges in Erie County Court as well as federal charges in the Western District of New York of and is legally prohibited from carrying a firearm.
           
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, and the Amherst Police Department, under the direction of Chief John Askey.

Sentencing is scheduled for March 13, 2018, before Judge Vilardo.