A Cleveland man was sentenced to 30 years in prison for using a firearm while trafficking fentanyl, heroin and cocaine.

Kernice Martin, 42, was sentenced to 360 months in federal prison. A jury found Martin guilty in April of four charges: possession with intent to distribute heroin and fentanyl; possession with intent to distribute cocaine; possession of a firearm in furtherance of drug trafficking and being a felon in possession of a firearm and ammunition.

Martin was pulled over by Cleveland police for a traffic stop on June 15, 2018 and found to have 0.79 grams of a mixture of fentanyl and heroin, 8.41 grams of cocaine, a Taurus .40-caliber handgun and ammunition. Martin was prohibited from possessing firearms because of three previous convictions for drug trafficking and one previous conviction for drug possession, according to court documents.

“Drug traffickers illegally carry firearms to protect their cash and their supply,” U.S. Attorney Justin Herdman said. “This case is another example of law enforcement working together to make our community safer.”

“Individuals who use firearms to further their criminal enterprises are a threat to everyone in our community,” said Jonathan McPherson, Special Agent in Charge of ATF’s Columbus Field Division.  “ATF will continue to work with our law enforcement partners at the Cleveland Division of Police to make our city safer for everyone.”

This was prosecuted by Assistant U.S. Attorneys Kathryn Andrachick and Michael A. Sullivan following an investigation by the Cleveland Division of Police and Bureau of Alcohol, Tobacco, Firearms and Explosives.

Three people were indicted in federal court for firearms crimes.

Indicted are: Shane Carabello, 31, of Cleveland; Dashaun Martin, 31, of Cleveland, and Carl Hundley, Jr., 45, of Akron.

Caraballo was indicted on one count of being a felon in possession of ammunition and one count of possession of cocaine. Caraballo on May 23 had cocaine and 35 rounds of .25-caliber ammunition, despite previous convictions for felonious assault with a firearms specification, having weapons under disability, attempted robbery, felonious assault and discharge of a firearm near prohibited premises, according to the indictment.

Martin was indicted on one count of being a felon in possession of a firearm. He possessed a Smith & Wesson .40-caliber pistol and six rounds of ammunition on June 21, despite three prior convictions for drug trafficking, according to the indictment.

Hundley was charged with a being a felon in possession of firearms and ammunition and possession of a stolen firearm. Hundley had a stolen Ruger LC9 pistol and stolen ammunition on April 10. He was prohibited from having a firearm due to previous convictions for heroin trafficking and trafficking marijuana and heroin, according to the indictment.

If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.  

The Carabello and Martin cases were investigated by the ATF and Cleveland Division of Police and are being prosecuted by Assistant U.S. Attorney Margaret Kane. The Hundley case was investigated by the FBI, Akron Police Department, and ATF, and is being prosecuted by Assistant U.S. Attorney Jason Katz.

These cases are being prosecuted as part of "Project Safe Neighborhoods," a gun violence reduction program administered by the U.S. Attorney's Office for the Northern District of Ohio.  The program targets armed criminals for federal prosecution. 

An indictment is only a charge and is not evidence of guilt.  The burden of proof is always on the government to prove a defendant guilty beyond a reasonable doubt.