Monday, December 10, 2018

San Jose Man Indicted for Possessing a Firearm as a Felon in Solano County

SACRAMENTO, Calif. — A federal grand jury returned a one-count indictment today against Brandon Edward Nichols, 27, of San Jose, charging him with possessing a firearm as a felon, U.S. Attorney McGregor W. Scott announced.

According to court documents, on December 12, 2017, Nichols’ car was stopped for a vehicle code violation. During the contact with the officer, Nichols produced various credit cards and identification issued in other people’s names. When the officer arrested Nichols for possessing these items, she found a gun in the driver’s‑side door. During a subsequent search of Nichols’ hotel room, officers found a second firearm. Nichols was previously been convicted of a felony and cannot lawfully possess firearms or ammunition.

This case is the product of an investigation by the Fairfield Police Department with special assistance from the FBI’s Solano County Violent Crimes Task Force and the Solano County District Attorney’s Office. Assistant U.S. Attorney Timothy H. Delgado is prosecuting the case.

If convicted, Nichols faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charge is only an allegation; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

This case was brought as a part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN was reinvigorated in 2017 as part of the Department of Justice’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.

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