LANDOVER CAREER OFFENDER / ARMED CAREER CRIMINAL EXILED TO 10 YEARS IN PRISON
FOR ILLEGAL POSSESSION OF A GUN
Greenbelt, Maryland - U. S. District Judge Roger W. Titus sentenced Derek Lamarr Gaines, age 25, of Landover, Maryland today to 10 years in prison followed by three years of supervised release for being a felon in possession of a firearm. Judge Titus found Gaines was an armed career criminal / career offender, based on three previous felony convictions.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Steven L. Gerido of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; and Chief Buddy Robshaw of the Cheverly Police Department.
According to Gaines' plea agreement, on August 12, 2011, Gaines was seated in the back seat passenger side of a vehicle being driven by Jonathan Jerome Winston, with a third person in the front passenger seat. A Cheverly law enforcement officer pulled the vehicle over for a traffic stop and detected the odor of phencyclindine (PCP) coming from the rear passenger compartment. The officer ordered Gaines out of the vehicle. As Gaines stepped out of the car he ran away, throwing a handgun that was in his waistband. Officers arrested Gaines and recovered a 9mm semi-automatic handgun with one bullet in the chamber and an extended magazine containing 29 rounds of ammunition; a vial of PCP; and a black ski mask.
When Gaines ran away, the front seat passenger also tried to flee and Winston attempted to drive away. Both were caught by police and placed under arrest. A black ski mask was recovered from Winston's pocket. A search of the vehicle recovered two additional guns - a 9mm semi-automatic handgun and a .45 caliber machine gun with a 12.5 inch magazine loaded with 38 rounds of .45 caliber ammunition; and a third black ski mask.
Additional investigation revealed that the two 9mm firearms were previously reported stolen.
Jonathan Jerome Winston, age 23, of Washington, D.C., pleaded guilty and was sentenced to 71 months.
United States Attorney Rod J. Rosenstein commended the ATF and Cheverly Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant United States Attorney William D. Moomau, who prosecuted the case.