Marijuana Dealer Who Possessed Firearms Sentenced to Federal Prison

Police Officers Found Firearms and Marijuana after Dealer’s Residence was Struck by Gunfire

A man who admitted to police officers that he made marijuana products and that he lied about his drug use on forms to purchase firearms was sentenced November 26, 2019, to almost two years in federal prison.

Dustin Blake Herubin, age 24, from Cedar Rapids, Iowa, received the prison term after a July 1, 2019 guilty plea to possession with intent to distribute a controlled substance near a protected location and possession of firearms by a user of a controlled substance.

Information at sentencing showed that Herubin’s residence was struck by gunfire on October 11, 2018.  Officers subsequently obtained a search warrant for the residence based on a strong odor of raw marijuana.  Herubin told officers he was a marijuana user and that he had lied on federal forms to purchase gun, though he denied there were any guns in his residence.  Officers recovered two loaded guns, marijuana, and drug paraphernalia from Herubin’s residence.  In a plea agreement, Herubin admitted he possessed the marijuana with the intent to distribute it.  Herubin’s cell phone contained photos of marijuana and marijuana products indicating the products were for sale.

Herubin was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Herubin was sentenced to 21 months’ imprisonment.  He must also serve a four-year term of supervised release after the prison term.  There is no parole in the federal system.

Herubin is being held in the United States Marshal’s custody until he can be transported to a federal prison.

This case was brought as part of Project Safe Neighborhoods (PSN).  PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/ag/page/file/1217186/download.

The case was prosecuted by Assistant United States Attorney Kyndra Lundquist and investigated by the Cedar Rapids Safe Streets Task Force.  The task force is composed of representatives from the Federal Bureau of Investigation and the Cedar Rapids Police Department.