4-17-13 Maryland resident re-sentenced on firearms charge

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MARTINSBURG — A 31-year-old Hagerstown, Md., resident was re-sentenced on April 15, 2013, in United States District Court in Martinsburg by Judge Irene M. Keeley.

United States Attorney William J. Ihlenfeld II has announced Robert John Summerville III, was re-sentenced to 120 months imprisonment to be followed by three years of supervised release.

Summerville entered a plea of guilty on March 22, 2012, to one count of possession of a firearm on Nov. 7, 2010, in Jefferson County, after having previously been convicted of a crime punishable by imprisonment for a term exceeding one year.

Summerville was convicted on April 17, 2009, of burglary in Tarrant County, Texas; on Feb. 8, 2005, of assault in the second degree in the Circuit Court of Allegheny County, Md.; and, on June 15, 2004, of resisting arrest in the Circuit Court of Washington County, Md.

On July 5, 2012, Summerville was sentenced to 262 months imprisonment, but the case was remanded by the Fourth Circuit Court of Appeals for recalculation of Summerville’s criminal history as his prior convictions did not make him an armed career criminal.

Summerville was remanded to the custody of the United States Marshal pending designation to a federal institution.

The case was prosecuted by Assistant United States Attorney Paul T. Camilletti and was investigated by the West Virginia State Police, Shepherdstown Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

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