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United States v Myers

From EverybodyWiki Bios & Wiki



United States of America v Kyle Myers
CourtUnited States District Court for the Middle District of Georgia
Decided25 June 2019
DefendantKyle Myers
Citation(s)3:18-cr-00049
Transcript(s)https://www.courtlistener.com/docket/8228342/united-states-v-myers/
Case opinions
Myers was found guilty of 21:841(a)(1), 841(b)(1)(D), and 18:2 Possession with Intent to Distribute Marijuana and Butane Honey Oil(4) and received a sentence of 2 months imprisonment at FCI Talladega.

United States v Kyle Myers is a Federal case that took place between the dates of 11 September 2018 and 25 June 2019, it surrounded the issue of a gun owner in possession of 25 grams of hash oil. The plaintiff was the United States of America, represented by attorney Tamara A Jarrett. The defendant was YouTuber and internet personality Kyle Myers, also known as FPSRussia. Myers won a previous legal case at the state level after the state issued a warrant that said they were allowed to search Myers' property due to the fact he was wearing shorts. Adding that him wearing cargo shorts meant he was heading home after purchasing some marijuana.[1] However even though he won the state case, the ATF and other governmental agencies could search his property without a warrant due to the fact that Myers owned some unusual types of licences which allowed him to own flamethrowers, tanks, mini-guns and explosives.

Facts[edit]

In August 2017, Myers' residence was raided and 25 grams of butane hash oil was found. The Federal courts prosecuted on the grounds that illegal drug possession while owning a firearm is a federal offence. Myers was arrested for felony possession of a restricted substance with intent to distribute and 50 of his weapons, worth $400,000[2], were confiscated under a federal law that prohibits illegal drug users from possessing firearms. He later pleaded guilty to Possession with Intent to Distribute Marijuana and Butane Hash Oil. On June 19, 2019, Myers was sentenced to two years' probation and two months in prison as well as a fine in the amount of $7500[3]. He served his sentence at FCI Talladega. Myers speaks about these matters in a YouTube podcast called PKA[2]. In these YouTube videos he reveals that these charges were a plea deal and claims he did not have the intent to distribute but did give his girlfriend some marijuana.

Charges[edit]

Myers was originally charged with 4 offences, 3 of which were dismissed in a plea deal. Myers served his 2 months in federal prison and is still making YouTube videos and podcasts. Myers cannot possess any firearm or weapon. He has stated that he has regular drug tests and has to fill in check in reports every couple of days.[4]

Charge Outcome
21:841(a)(1), 841(b)(1)(D), and 18:2 Possession with Intent to Distribute Marijuana and Butane Honey Oil(4)[5][6] 2 months imprisonment; 2 years supervised release; Fine in the amount of $7,500; $100 MAF[3]
21:856(a)(1), and 18:2 Maintaining a Drug Premises(3)[7][6] Dismissed upon government's motion
18:922(k), 924(a)(2) and 18:2 Possession of a Firearm with an Obliterated Serial Number(2)[8][9][6] Dismissed upon government's motion
18:922(g)(3), and 924(a)(2) Possession of a Firearm by a Drug User(1)[8][9] Dismissed upon government's motion

References[edit]

  1. "How FPSRussia Lost $400,000 Worth Of Guns - PKA Highlights". YouTube. 28 October 2019. Retrieved 30 May 2020. Unknown parameter |url-status= ignored (help)
  2. 2.0 2.1 Matthew, Woodworth (5 October 2019). "PKA 459 THE RETURN OF KYLE". YouTube. Retrieved 30 May 2020. Unknown parameter |url-status= ignored (help)
  3. 3.0 3.1 "United States v. MYERS (3:18-cr-00049-CAR-CHW All Defendants)". Court Listener. 24 May 2020. Retrieved 30 May 2020. Unknown parameter |url-status= ignored (help)
  4. "PKA Clips". YouTube. 14 January 2019. Retrieved 30 May 2020. Unknown parameter |url-status= ignored (help)
  5. "21 U.S. Code § 841.Prohibited acts A". Cornell Law School. Retrieved 30 May 2020. Unknown parameter |url-status= ignored (help)
  6. 6.0 6.1 6.2 "18 U.S. Code § 2.Principals". Cornell Law School. Retrieved 30 May 2020. Unknown parameter |url-status= ignored (help)
  7. "21 U.S. Code § 856.Maintaining drug-involved premises". Cornell Law School. Retrieved 30 May 2020. Unknown parameter |url-status= ignored (help)
  8. 8.0 8.1 "18 U.S. Code § 922.Unlawful acts". Cornell Law School. Retrieved 30 May 2020. Unknown parameter |url-status= ignored (help)
  9. 9.0 9.1 "18 U.S. Code § 924.Penalties". Cornell Law School. Retrieved 30 May 2020. Unknown parameter |url-status= ignored (help)


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