Northern District of California | Washington State Felon Convicted Of Unlawful Possession Of An Assault Rifle And Ammunition

OAKLAND – James David Allen II was convicted by a federal jury of a felon in possession of firearms and ammunition, U.S. Attorneys Stephanie M. Hinds and FBI Director Robert K. Tripp announced. The verdict follows a three-day jury trial by U.S. District Judge Haywood S. Gilliam, Jr.

Evidence at trial showed that Allen, 37, of Everett, Washington, was previously convicted of a felony when Pinole Police Department officials found him in a reportedly stolen car in a residential area of ​​Pinole, California. fell asleep in the vehicle. Allen told police he was en route from Washington state to San Francisco, California. A search of the vehicle revealed a loaded AR-15-style semi-automatic rifle. With the barrel down and the butt against the front edge of the passenger seat, the driver’s hand has immediate access to the rifle. The weapon comes with a fully loaded high-capacity 30-round magazine. After taking over the rifle, the arresting officers found a live ammunition with the fire control switch set to “fire.” A second high-capacity 30-round magazine is attached to the first magazine; the second magazine is located on the opposite side so that the shooter can drop the first magazine from the rifle and easily remove it Flip it over to insert another full magazine. Additionally, a third full high-capacity magazine was found in the trunk of the vehicle.

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Other evidence at trial showed hand-painted markings on the rifle, including Allen’s initials (JDAII) and his alias. The arresting officers recovered a total of 79 rounds of 5.56mm NATO caliber ammunition that matched the barrels of the rifles. Evidence presented at the trial included Allen’s statement when he was taken to the Martinez detention center that he wanted officers to make a traffic stop because he would “shoot and kill” with them.

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A federal grand jury indicted Allen on July 23, 2020, charging him with one count of felony possession of a firearm and ammunition in violation of 18 USC 922(g)(1). Allen was convicted in November 2020; however, the original conviction was appealed after an appeals court ruled that restrictions on public access to the courtroom during his trial related to the COVID-19 pandemic violated the federal constitutional guarantee of a public trial undo.

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Judge Gilliam has scheduled Allen’s sentencing hearing for March 1, 2023. The maximum statutory penalty for violation of 18 USC § 922(g)(1) is 10 years in prison and a $250,000 fine. However, the court will impose any sentence only after considering U.S. sentencing guidelines and 18 USC § 3553, the code of federal regulations governing sentencing.

Assistant US Attorneys Noah Stern and Kelly Volkar are prosecuting the case with the assistance of Lance Libatique. The indictment is the result of an investigation by the FBI and the Pinole Police Department.


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