Case 3:10-cr-00054-P Document 23 Filed 10/29/10 Page 1 of 3 PageID 44

.~,.o . _

; V.S. DISTRICT COVRT~

! NORTHERN D/STRICTO
IN THE UNITED STATES DISTRICT/COURT FILED FTEXAS
FOR THE NORTHERN DISTRICT 0 . TEXA
DALLAS DIVISION OCT 29 2010 ~l:l(!h

UNITED STATES OF AMERICA CLERK, V.S. DISTRICT COVRT I

§ By_ I
§ - - Dr.:....r~1
v. § No.3: 1O-CR-54-P
§
BRANDON BOZEMAN §

FACTUAL RESUME

Brandon Bozeman, Douglas A. Morris, the defendant's attorney, and the United

States of America agree that the following is true, correct and can be used to support

Bozeman's plea of guilty to Count One of the superseding information:

Elements of Count One

To prove the offense alleged in Count One of the superseding information, a

violation of 18 U.S.C. § 922(g)(1), Felon in Possession of a Firearm, the United States

must prove each of the following elements beyond a reasonable doubt:

First: That Bozeman knowingly possessed a firearm, namely a Sig

Sauer, Model P229, .357 caliber pistol, bearing serial number
AM45423, as charged;

Second: That before Bozeman possessed the firearm, Bozeman had

been convicted in a court of a crime punishable by
imprisonment for a term in excess of one year, that is, a felony
offense; and

Third: That the possession of the firearm was in and affecting

commerce; that is, before Bozeman possessed the firearm, it
had traveled at some time from one state to another.

Factual Resume - Page 1

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Facts Supporting Count One

On December 26,2008, at approximately 12:22 a.m., Dallas Police Department·

Officers Gladden and Kaup initiated a traffic stop of a 1996 Chevrolet Tahoe bearing

Texas license plate BDW987 for an expired registration in the 2600 block of Hudspeth

Avenue in Dallas, Texas. As the officers walked up to the vehicle, they observed the

driver make furtive gestures towards the center console suggesting he may be hiding

something in it.

Brandon Bozeman was driving the vehicle. A check of Bozeman for warrants

revealed an outstanding felony warrant for aggravated robbery. Officers arrested

Bozeman and placed him into a patrol vehicle.

Officers also searched the vehicle. In its center console, they recovered a loaded

Sig Sauer, Model P229, .357 caliber pistol, bearing serial number AM45423. When

Officer Gladden returned to the patrol vehicle with the pistol, Bozeman exclaimed, "You

found it!"

At the time Bozeman possessed the pistol, he had been previously convicted of a

felony for which the maximum term in prison was more than a year. Specifically, the

defendant was convicted of Aggravated Robbery in Texas v. Brandon Eugene Bozeman,

Cause No. F-0072116-K, in Dallas County, Texas, on October 21,2003, and sentenced to

five years of imprisonment.

The pistol, having been manufactured outside the state of Texas and recovered in

Factual Resume - Page 2

 Case 3:10-cr-00054-P Document 23 Filed 10/29/10 Page 3 of 3 PageID 46

Texas, had been shipped and transported in interstate commerce.

Bozeman admits that, on or about December 26, 2008, in the Dallas Division of the

Northern District of Texas, having been convicted of a crime punishable by imprisonment

for a term exceeding one year, he did knowingly possess in and affecting interstate

commerce, a firearm, that is, a Sig Sauer, Model P229, .357 caliber pistol, bearing serial

number AM45423, said firearm having been shipped and transported in interstate

commerce.

ALTERS
nited States Attorney

BRANDON OOZEMAN Date

Defendant

DOUGLA A. ORRIS Date

Attorney f~ Defendant

Factual Resume - Page 3