GRAND RAPIDS, MICHIGAN — Xavier Velvie McCarty, 22, of Muskegon, Michigan, was sentenced to seventy (70) months in federal prison for possessing firearms as a convicted felon, U.S. Attorney Patrick A. Miles, Jr. announced today. In addition to the prison term, U.S. District Judge Paul L. Maloney imposed a three-year term of supervised release that will commence once McCarty is released from imprisonment.
McCarty pleaded guilty on April 9, 2015. The facts underlying his conviction were outlined in a written plea agreement and in the government’s sentencing memorandum. During the early morning hours of October 14, 2014, McCarty broke into a federally licensed firearms dealer in Robinson Township, Ottawa County, Michigan. He used a hammer to smash a display case, and he then removed approximately 30 handguns from the case and placed them into a duffel bag he had brought with him. While McCarty was stealing the handguns, a silent alarm alerted police to the burglary. Officers responded to the scene, and McCarty fled through a broken window, leaving the duffel bag of stolen handguns behind. Police apprehended him nearby a short time later.
McCarty had previously been convicted of a felony drug offense, and he was on probation for another drug offense at the time. He later admitted that he intended to sell the stolen handguns.
In imposing sentence, Judge Maloney emphasized the serious nature of McCarty’s conduct and the grave risk it posed to the community. Judge Maloney noted that McCarty’s sentence would serve as an appropriate deterrent for others contemplating similar conduct. He also ordered McCarty to pay $880 in restitution to repair the property that was damaged and destroyed during the break-in.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Ottawa County Sherriff’s Office, and the Holland Police Department investigated the case. Assistant U.S. Attorney Sean M. Lewis prosecuted the case.