A Missouri man was sentenced in federal court for illegally possessing a firearm.
Earl B. Penn, 31, of St. Joseph, was sentenced by U.S. Chief District Judge Beth Phillips to 15 years in federal prison without parole. Penn was sentenced as an armed career criminal due to his prior felony convictions.
On Aug. 31, 2022, Penn was found guilty at trial of being a felon in possession of a firearm. Evidence introduced during the trial indicated that Penn was in possession of a Taurus 9mm semi-automatic pistol on June 22, 2020.
A St. Joseph Police Department detective and a patrol officer contacted Penn, who had an outstanding warrant for violations of his federal supervised release, on June 22, 2020. Penn provided a false name and attempted to flee before he struggled with the officers and resisted being arrested. Penn struck the officer in the face with the back of his head multiple times and managed to pull the OC spray from the officer’s vest. The detective had to physically remove the OC spray from Penn’s hand in order to prevent him from discharging it.
After Penn was restrained, the detective saw the loaded handgun in Penn’s sweatshirt pouch. Testimony at trial indicated during nearly the entire struggle with law enforcement, Penn’s right hand was under his body where his handgun was stored.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Penn has prior felony convictions for residential burglary, arson, conspiracy to distribute crack cocaine and cocaine, and unlawfully carrying a loaded handgun.
This case was prosecuted by Special Assistant U.S. Attorney Brandon E. Gibson, who is a cross-designated prosecutor from the Missouri Attorney General’s office as part of the Safer Streets Initiative to combat violent crime and Assistant U.S. Attorney Joseph M. Marquez. It was investigated by the St. Joseph, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.