United States Attorney Mary Beth Buchanan announced today, May 13, 2008, that Cory Matthew Gates, of Johnstown, Pennsylvania, was indicted by a federal grand jury in Johnstown on a charge of violating federal firearms laws.

The one-count indictment named Gates, age 31, as the sole defendant.

According to the indictment presented to the court, on December 27, 2006, Gates possessed .40 caliber semi-automatic pistol.  In 2001 Gates was convicted in Blair County, Pennsylvania, of the crime of drug trafficking, which is a crime punishable by imprisonment for a term exceeding one year.  Federal law prohibits persons who have been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing firearms.  Drug trafficking is such a crime.

Assistant United States Attorney Stephanie L. Haines, who presented the case to the grand jury, indicated the law provides for a maximum total sentence of 10 years in prison, a fine of $250,000, or both.  Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history of the defendant.

According to Ms. Buchanan, this case is being prosecuted as part of the Project Safe Neighborhoods initiative, a collaborative effort by federal, state and local law enforcement, agencies, prosecutors and communities to prevent, deter and prosecute gun crime.

The Johnstown Police Department and the Federal Bureau of Investigation, Laurel Highlands Resident Agency, conducted the investigation leading to the indictment in this case.

An indictment is only a charge and is not evidence of guilt.  A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.