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Case Number: 5:20-cr-00390-D-1.
Judge: James C. Dever III
Court: United States District Court for the Eastern District of North Carolina (Wake County)
Plaintiff's Attorney: United States Attorney’s Office
Description: Raleigh, North Carolina criminal defense lawyer represented Defendant charged with being a convicted felon in possession of a firearm.
Kashon Stacy Cunningham, a Clayton, NC resident, was chargeed of being a convicted felon in possession of a firearm, in violation of Title 18, United States Code, Section 922(g).
On May 22, 2020 in Smithfield, the Smithfield Police Department, and detectives with Alcohol Law Enforcement (ALE) were conducting surveillance near 825 Blunt Street. Kashon Cunningham pulled into a gas station driving a vehicle with a false license plate. Detectives followed Cunningham as he drove away from the gas station and attempted to conduct a traffic stop by activating blue lights. The vehicle slowed down; it did not immediately stop. After witnessing someone shuffling between the seats inside the car, Cunningham pulled over and stopped the car.
Upon approach to the vehicle officers smelled marijuana emanating from within. All occupants were removed from the vehicle and a search was conducted. At that time officers discovered a Springfield 9mm pistol loaded with 10 rounds of Hornady 9mm ammunition. One round of ammunition was loaded in the chamber.
At the time of the stop, Cunningham was on state probation for a prior felony, and was wearing an ankle monitor. Cunningham admitted possession of the firearm.
The Bureau of Alcohol, Tobacco, Firearms & Explosives investigated the case with the assistance of the ALE and the Smithfield Police Department. Assistant U.S. Attorney William M. Gilmore served as the prosecutor.
Outcome: Defendant was sentenced to 33 months in prison. The maximum punishment is 120 months.