Council Bluffs Man Sentenced on Gun Charge

News

January 23rd, 2013 by Ric Hanson

The U-S Attorney’s Office for the Southern District of Iowa reports a Pottawattamie County man was sentenced Tuesday to slightly more than  2 1/2 years in prison for being a prohibited person in possession of a firearm. 25-year old Charles Edward Duncan, of Council Bluffs received his sentence from Chief U-S District Judge James E. Gritzner, in United States District Court in Council Bluffs.

United States Attorney Nicholas A. Klinefeldt says Judge Gritzner sentenced Duncan to 34 months in prison,  and ordered him to serve 2 years of supervised release following his imprisonment. Duncan is also required to pay $100 to the Crime Victim Fund, and forfeit the firearm and ammunition found in his possession.

Duncan, the victim of a recent shooting, was allowed to remain under the supervision of the United States Probation Office to receive further medical care for his wound, pending the
Federal Bureau of Prisons designating the facility at which he is to serve his term of
imprisonment.

The indictment against him alleged that Duncan was an unlawful user of controlled substances
(marijuana) and that he had, prior to possessing the firearm, been convicted of a misdemeanor crime of domestic violence. Either circumstance barred Duncan from possessing a firearm. The charge arose out of the execution of a State of Iowa search warrant by the SouthWest Iowa Narcotics Task Force on April 11th, 2012, at Duncan’s residence in Council Bluffs.

During the search, officers found various indications of marijuana use by Duncan, and an AK-47 style rifle and ammunition. Duncan had, on November 15th, 2011, been convicted in the District Court of the State of Iowa for Pottawattamie County, of a misdemeanor domestic assault resulting in physical injury, and was at the time of the search subject to a domestic abuse protection order.

The case against him was investigated by the SouthWest Iowa Narcotics Task Force and the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives, and was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.