Defendant admits throwing loaded firearm into bushes while running from police
SAN JOSE- Michael Anthony Lamb pleaded guilty in federal court today to being a felon in possession of a firearm, announced U.S. Attorney David L. Anderson and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Special Agent in Charge Rayfield Roundtree. The guilty plea was accepted by the Honorable Lucy H. Koh, U.S. District Judge.
According to his plea agreement, Lamb, 28, of San Jose, admitted that on February 6, 2018, he was drinking beer out of a beer can while sitting on a planter box on a VTA light rail platform in San Jose when he noticed two law enforcement officers approaching him. Lamb saw one of the officers wave at him and ask him to approach. Instead, Lamb picked up his backpack and ran. Lamb admitted that he ran because he knew he would get in trouble were he to be arrested. Specifically, Lamb knew he was a convicted felon who was not entitled to possess a firearm and still he had in his possession a loaded 9mm Kel-Tec PF-9 pistol with seven full-metal jacket 9mm ammunition rounds in the magazine. He also had in his possession approximately four grams of cocaine and a jar containing approximately 53 grams of marijuana buds. While running away, Lamb heard the officers order him to stop. Instead of stopping, Lamb continued to run, threw the loaded gun into some nearby bushes, and threw his backpack aside. Shortly thereafter, an officer arrested Lamb. Also, his firearm and backpack were recovered.
On June 27, 2019, Lamb was charged by information with one count of being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1). Lamb pleaded guilty to the charge.
Lamb has been in custody since March 11, 2019. Judge Koh scheduled his sentencing hearing for Jan. 15, 2020. Lamb faces a statutory maximum sentence of ten years in prison and a fine of up to $250,000. In addition, Judge Koh also may order that defendant serve an additional period of supervised release of up to three years. However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant United States Attorney Jeff Nedrow is prosecuting the case with the assistance of Susan Kreider. The prosecution is the result of an investigation conducted by the ATF and the Santa Clara County Sheriff’s Office.
Source: U.S. Department of Justice, Office of the United States Attorneys
