Cavalry Arms Sentencing Thread - 3 yrs Probation + $10,000 Fine + Community Service - Updates in OP

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[ARCHIVED THREAD] - Cavalry Arms Sentencing Thread - 3 yrs Probation + $10,000 Fine + Community Service - Updates in OP (Page 1 of 9)

Posted: 4/26/2010 6:59:34 AM EDT

Update #1:

Originally
Posted By MudBug:
They outcome is that sentencing was
postponed until 5/3 I
believe. Sorry, it is up in the air now.

Update
#2:

United States District Court, District of Arizona

USA v Shawn Michael Nealon
2:10-cr-00206-01-DGC   

Proceeding Type:  Sentencing
RE: Doc #11;Set Hearings 
      
Judge:  Honorable David G Campbell    
Courtroom:  Phoenix Courtroom #603, 6th Floor  

Date:  05/03/2010 Court Reporter:  Patricia Lyons 
Time:  04:00 PM Courtroom Clerk:  Lisa Richter 

Counts: (may not reflect all counts)  (1) 18:922(b)(3) and 924(a)(1)(D) Illegal Sale by Federally Licensed Dealer to an Out-of-State Resident 

U.S. Attorney:  DeCosta, Sabrina D

Update
#3:
Pulled from the 05-03-2010 court calendar.
Update
#4:
As of 05-09 there is nothing scheduled on the court calendar for the week of 05/10-05-14.
Update
#5:

Originally
Posted By mcornell:
From Pacer:

ORDER granting 15
Motion to Continue Sentencing as to Shawn Michael Nealon (1);
sentencing date continued to 6/21/10 at 4:00 p.m.
Update
#6:

USA v Shawn Michael Nealon
2:10-cr-00206-01-DGC    
            
Proceeding Type:  Sentencing
Set/Reset Hearings 
      
Judge:  Honorable David G Campbell    
Courtroom:  Phoenix Courtroom #603, 6th Floor         
      
Date:  06/21/2010 Court Reporter:  Patricia Lyons 
Time:  04:00 PM Courtroom Clerk:  Lisa Richter 
      
Counts:
(may not reflect
all counts)  (1) 18:922(b)(3) and 924(a)(1)(D) Illegal Sale by Federally
 Licensed Dealer to an Out-of-State Resident

Update
#7:
Rescheduled again:

Date:  06/23/2010 
Time:  02:00 PM


	Update #8:

Quoted:

The Judge seemed very fair handed and had obviously reviewed the case and the people involved 

thoroughly beforehand. He conceded points to both the prosecution as well as the defense. 

The Judgment he handed out was this:

For Me...

––$10,00.00 in fines

––$100.00 in court fees

––3 years probation

––300 hours community service (min of 100 hrs per year)

For Cav Arms

––$10,00.00 in fines

––$100.00 in court fees

––2 years probation for the Corporation (I have no idea how that works and no one at the court

 seemed to have a clear idea either).

As the forfeiture case is still on going I can not go into greater detail on line (call me if 

you want).

Cavalry Arms and Its Owner Plead Guilty to Illegally Selling
Firearms

Agrees to Surrender FFL License.

Bureau of Alcohol, Tobacco,
Firearms and Explosives

PHOENIX, AZ –
Cavalry Arms Corporation and its owner Shawn Michael Nealon, 38, of
Mesa Arizona., pleaded guilty to the felony offense of Illegal Sale by a
Federally Licensed Firearms Dealer to an Out-of-State Resident, in
federal district court in Phoenix.

Cavalry Arms Corporation and
Nealon have also agreed to surrender their federal licenses to sell
firearms.

“Selling to out-of-state residents has been
illegal since 1968, we are enforcing federal firearms laws that have
been on the books for over 40 years,” said John A. Torres, Special Agent
in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives,
Los Angeles Field Division.

“Selling firearms illegally to out of
state residents, is something ATF and our state and local partners will
aggressively pursue, and although there are very few dealers that engage
in criminal transactions, their impact on individuals and communities
can be devastating.”

Nealon maintained a federal
firearms license (FFL) in his name as well as one under Cavalry Arms
Corporation and both operated in the state of Arizona. The investigation
conducted by ATF agents and inspectors spanned from Arizona to
California and began in January 2008.

The investigation
uncovered that on March 2, 2007, Nealon used his personal FFL to sell
four firearms to an out-of-state resident. Nealon knew that at the time
of the sale, the buyer resided in California. Over a 24 month period
beginning in September 2005, Cavalry Arms’ FFL was used to sell 36
firearms to that same individual including AR-15 and AK-47 rifles and a
variety of shotguns and handguns.

“Mr. Nealon has
finally taken responsibility for his crime of illegally selling firearms
to someone he knew was an out-of-state resident,” said Dennis Burke,
U.S. Attorney for the District of Arizona. “When firearms are sold
illegally, they often end up being used in crimes of violence in the
United States and other countries. This criminal activity will not be
tolerated in the District of Arizona.”

Nealon is
scheduled to be sentenced on April 26,2010. A conviction for Illegal
Sale by a Federally Licensed Dealer to an Out-of-State Resident carries a
maximum penalty of five years in prison, a $250,000 fine or both.

Anyone
with information about firearms trafficking or the illegal possession
of firearms is encouraged to call ATF at 1-800-ATF-GUNS (800-283-4867).
Callers can remain anonymous.

More information about ATF and its
programs is available at www.atf.gov

Posted: 4/26/2010 7:01:43 AM EDT

[#1]

IBT repeat of previous "discussions"

Posted: 4/26/2010 7:05:34 AM EDT

[#2]

And now the wait begins

Posted: 4/26/2010 7:06:44 AM EDT

[#3]

This thread is for the outcome of the sentencing procedure scheduled to take place today.

Posted: 4/26/2010 7:10:29 AM EDT

[#4]

I can't imagine that he's looking at anything more than probation and being ordered to comply with his promise to close up shop and not apply for any kind of FFL again.

Posted: 4/26/2010 7:11:57 AM EDT

[#5]

tag

Posted: 4/26/2010 7:12:00 AM EDT

[#6]

tag

Posted: 4/26/2010 7:12:35 AM EDT

[#7]

Good luck to Shawn.

Posted: 4/26/2010 7:13:29 AM EDT

[#8]

Quoted:
I can't imagine that he's looking at anything more than probation and being ordered to comply with his promise to close up shop and not apply for any kind of FFL again.

I'm curious as to why you think the punishment will be that light (as compared to 5 yrs incarcerated).

Posted: 4/26/2010 7:15:04 AM EDT

[#9]

Tag

Posted: 4/26/2010 7:15:43 AM EDT

[#10]

Tag.

This sucks. Those are good guys at Cav, but it fucking pisses me off that they'd do something so stupid, as well as showing the AR community in such a bad light. It's like when the cool guy that helps everybody out at the office-the guy who'll give you a lift in to work when your car is broken, loan you a fiver when you're broke, the guy who never has a bad thing to say about anyone-gets busted by the PD for running a brothel full of smuggled in Chinese teenagers. All you can think is What The FUCK? How can you do something so fucking stupid?

Posted: 4/26/2010 7:16:00 AM EDT

[#11]

saving this spot for out come

Posted: 4/26/2010 7:16:09 AM EDT

[#12]

Quoted:

I can't imagine that he's looking at anything more than probation and being ordered to comply with his promise to close up shop and not apply for any kind of FFL again.

I think he's also concerned about the fines and whether it will bankrupt him.

Posted: 4/26/2010 7:16:15 AM EDT

[#13]

Do we have a contest going?

I'll guess $100,000 fine and 1 year jail time.

Posted: 4/26/2010 7:16:58 AM EDT

[#14]

Quoted:

Quoted:

I can't imagine that he's looking at anything more than probation and being ordered to comply with his promise to close up shop and not apply for any kind of FFL again.

I'm curious as to why you think the punishment will be that light (as compared to 5 yrs incarcerated).

Plea agreement unless the judge throws it out.

Posted: 4/26/2010 7:22:05 AM EDT

[#15]

Quoted:
I can't imagine that he's looking at anything more than probation and being ordered to comply with his promise to close up shop and not apply for any kind of FFL again.

Hope you're right.

Posted: 4/26/2010 7:22:43 AM EDT

[#16]

Quoted:

Do we have a contest going?

I'll guess $100,000 fine and 1 year jail time.

$10,000 fine, applicable court costs and 3 years supervised release.

Posted: 4/26/2010 7:24:30 AM EDT

[#17]

Crystal ball: 5YRS probation, $75000.

Posted: 4/26/2010 7:24:36 AM EDT

[#18]

Is there a general consensus on the Cav conviction?

Posted: 4/26/2010 7:30:43 AM EDT

[#19]

*tag*

Posted: 4/26/2010 7:32:23 AM EDT

[#20]

Quoted:

I can't imagine that he's looking at anything more than probation and being ordered to comply with his promise to close up shop and not apply for any kind of FFL again.

I'm hoping that's all he gets.

Posted: 4/26/2010 7:33:44 AM EDT

[#21]

Quoted:

Crystal ball: 5YRS probation, $75000.

Unless the judge ignores the plea agreement the United States and Cav Arms have agreed to 3 years of supervised release and surrender of both FFLs and will not reapply for an FFL nor engage in the the firearms business.

Posted: 4/26/2010 7:35:10 AM EDT

[#22]

Tag for more info.

Posted: 4/26/2010 7:37:23 AM EDT

[#23]

well...bye...

Posted: 4/26/2010 7:38:26 AM EDT

[#24]

Quoted:

Quoted:
I can't imagine that he's looking at anything more than probation and being ordered to comply with his promise to close up shop and not apply for any kind of FFL again.

I'm hoping that's all he gets.

So, he can repay the donations?

2 years.......50k fine.

Posted: 4/26/2010 7:40:37 AM EDT

[#25]

Quoted:

Quoted:

I can't imagine that he's looking at anything more than probation and being ordered to comply with his promise to close up shop and not apply for any kind of FFL again.

I'm hoping that's all he gets.

I assume that's the deal. Unless something weird showed up in the pre-sentence report (which seems unlikely since he's an FFL holder) it should be pretty routine beyond arguing over fines, length of probation, terms of probation etc. Course it's easy for me to say that sitting at my desk

''edit rdbar15 says that's the deal, I didn't remember that.

Posted: 4/26/2010 7:43:13 AM EDT

[#26]

"...the right of the people to keep and bear arms shall not be infringed."

Standing by to witness a tyrannical government in action.

Godspeed Shawn.

Posted: 4/26/2010 7:46:24 AM EDT

[#27]

Good luck, Shawn.

Posted: 4/26/2010 7:46:55 AM EDT

[#28]

tag

Posted: 4/26/2010 8:02:33 AM EDT

[#29]

Quoted:

Quoted:

I can't imagine that he's looking at anything more than probation and being ordered to comply with his promise to close up shop and not apply for any kind of FFL again.

I'm hoping that's all he gets.

So, he can repay the donations?

2 years.......50k fine.

IMO, the donations helped defend against all the pure bullshit that was thrown at him above and beyond what he pled guilty to.

The donations got him into better a position to plead, rather than get fully railroaded up the ass.

Posted: 4/26/2010 8:06:33 AM EDT

[#30]

Quoted:
"...the right of the people to keep and bear arms shall not be infringed."

Standing by to witness a tyrannical government in action.

Godspeed Shawn.

+1

There, but for the Grace of God, go I...

TRG

Posted: 4/26/2010 8:07:54 AM EDT

[#31]

Quoted:

Quoted:
I can't imagine that he's looking at anything more than probation and being ordered to comply with his promise to close up shop and not apply for any kind of FFL again.

I'm curious as to why you think the punishment will be that light (as compared to 5 yrs incarcerated).

Because it was a plea bargain. And if you are getting the max, why accept the deal?

Posted: 4/26/2010 8:14:07 AM EDT

[#32]

Quoted:

Quoted:
"...the right of the people to keep and bear arms shall not be infringed."

Standing by to witness a tyrannical government in action.

Godspeed Shawn.

+1

There, but for the Grace of God, go I...

+1 to both.

Posted: 4/26/2010 8:15:07 AM EDT

[#33]

tag for aar

Posted: 4/26/2010 8:15:49 AM EDT

[#34]

Fuck the ATF

Posted: 4/26/2010 8:16:38 AM EDT

[#35]

Tag

Posted: 4/26/2010 8:20:02 AM EDT

[#36]

Good luck Shawn.

Every last cocksucker who writes or enforces unconstitutional laws deserves to burn in hell.

Posted: 4/26/2010 8:24:12 AM EDT

[#37]

Wow. I didn't even know that there had been a plea. So was he selling the guns to an agent?

Posted: 4/26/2010 8:27:56 AM EDT

[#38]

I don't understand this. He sold some guns "to an out of state, Ca resident?"
This is a crime?
How do the gunshops on GunBroker get by with this?
Was the Ca buyer a felon?
Were the weapons non Ca compliant?
I don't believe he did anything any other FFL has done. What does this mean to other FFLs?

Maybe I'm just stupid and don't understand.....

Posted: 4/26/2010 8:31:17 AM EDT

[#39]

Quoted:
I don't understand this. He sold some guns "to an out of state, Ca resident?"
This is a crime?
How do the gunshops on GunBroker get by with this?
Was the Ca buyer a felon?
Were the weapons non Ca compliant?
I don't believe he did anything any other FFL has done. What does this mean to other FFLs?

Maybe I'm just stupid and don't understand.....

As I understand, cross-state sales can happen IF the the transaction is handled in a way that satisfies both state's regs. CA sales must be done through a CA FFL, with a DROS (Dealer Record Of Sale) form filled out and sent to CA DOJ. The sales weren't done according to CA specs, and crossing state lines = Federal involvement.

Posted: 4/26/2010 8:32:07 AM EDT

[#40]

Tag

Posted: 4/26/2010 8:32:56 AM EDT

[#41]

Arizona is not a "district". Arizona is a state.

Good Luck Shawn.

Posted: 4/26/2010 8:33:57 AM EDT

[#42]

The guys at CavArms are good people.

I hope he only gets probation..

Posted: 4/26/2010 8:37:25 AM EDT

[#43]

Quoted:

I don't understand this. He sold some guns "to an out of state, Ca resident?"

This is a crime?

How do the gunshops on GunBroker get by with this?

Was the Ca buyer a felon?

Were the weapons non Ca compliant?

I don't believe he did anything any other FFL has done. What does this mean to other FFLs?

Maybe I'm just stupid and don't understand.....

Happy reading:

http://www.ar15.com/forums/topic.html?b=1&f=5&t=1003311

Posted: 4/26/2010 8:39:17 AM EDT

[#44]

Quoted:
Arizona is not a "district". Arizona is a state.

Good Luck Shawn.

caught that too huh? All I can say, is to explain that to mr US atty Burke, he sounds like some carpet bagger overseer appointed by Obama.

Posted: 4/26/2010 8:40:20 AM EDT

[#45]

Quoted:

Quoted:
I don't understand this. He sold some guns "to an out of state, Ca resident?"
This is a crime?
How do the gunshops on GunBroker get by with this?
Was the Ca buyer a felon?
Were the weapons non Ca compliant?
I don't believe he did anything any other FFL has done. What does this mean to other FFLs?

Maybe I'm just stupid and don't understand.....

As I understand, cross-state sales can happen IF the the transaction is handled in a way that satisfies both state's regs. CA sales must be done through a CA FFL, with a DROS (Dealer Record Of Sale) form filled out and sent to CA DOJ. The sales weren't done according to CA specs, and crossing state lines = Federal involvement.

Except for the iddle-widdle fact that the guns in question never left Arizona, the buyer had a valid Arizona ID, the 4473's were filled out accordingly, and all of AZ's laws on the matter were followed...

What got him in trouble is that the buyer was personally known to Shawn, and Shawn knew that he wasn't a full-time AZ resident, therefore "should have" followed CA gun laws as well. Although I'm at a loss to say why he should have to follow CA's laws since the guns never left AZ in the first friggin' place... And just which California FFL holder would you transfer guns to that never enter California?

Posted: 4/26/2010 8:40:36 AM EDT

[#46]

Quoted:

Quoted:
I don't understand this. He sold some guns "to an out of state, Ca resident?"
This is a crime?
How do the gunshops on GunBroker get by with this?
Was the Ca buyer a felon?
Were the weapons non Ca compliant?
I don't believe he did anything any other FFL has done. What does this mean to other FFLs?

Maybe I'm just stupid and don't understand.....

Happy reading:

http://www.ar15.com/forums/topic.html?b=1&f=5&t=1003311

Where's Cliff when you need him?

Posted: 4/26/2010 8:41:53 AM EDT

[#47]

Quoted:
Where's Cliff when you need him?

http://www.justice.gov/usao/az/press_releases/2010/2010-026(CavalryArms).pdf

Posted: 4/26/2010 8:43:28 AM EDT

[#48]

Thanks.

Posted: 4/26/2010 8:45:28 AM EDT

[#49]

Quoted:

Quoted:
Arizona is not a "district". Arizona is a state.

Good Luck Shawn.

caught that too huh? All I can say, is to explain that to mr US atty Burke, he sounds like some carpet bagger overseer appointed by Obama.

http://en.wikipedia.org/wiki/United_States_District_Court_for_the_District_of_Arizona

Posted: 4/26/2010 8:46:29 AM EDT

[#50]

Quoted:
"...the right of the people to keep and bear arms shall not be infringed."

Standing by to witness a tyrannical government in action.

Godspeed Shawn.

This.

TXL

[ARCHIVED THREAD] - Cavalry Arms Sentencing Thread - 3 yrs Probation + $10,000 Fine + Community Service - Updates in OP (Page 1 of 9)

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