Montgomery, Alabama – On Thursday, January 21, 2021, Brian Bernard Burton, a 36-year-old from Tuskegee, Alabama, was sentenced to 36 months in prison after pleading guilty to a federal firearms charge, announced United States Attorney Louis V. Franklin, Sr. Burton was also ordered to serve three years of supervised release after he completes his prison sentence. There is no parole in the federal system.
According to court records and statements made in open court, in June of 2019, a Lee County deputy was on patrol and spotted a vehicle with an expired tag. After initiating a traffic stop, deputies quickly discovered that the driver, Brian Burton, had outstanding warrants for his arrest. When Burton was placed into custody, deputies inventoried the vehicle and found a black backpack behind the driver’s seat that contained a Century Arms AK pistol. A high-capacity magazine was attached to the firearm containing 20 rounds, with one round in the chamber. The rounds were 7.62x39mm caliber, also known as “rifle” rounds that are capable of piercing the soft body armor commonly worn by law enforcement. Burton has a previous felony conviction for attempted murder and is prohibited from possessing firearms. The Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) was notified and began to investigate the case for federal charges.
On January 15, 2020, Burton was indicted by a federal grand jury for being a felon in possession of a firearm and a warrant for his arrest was issued. In June of 2020, the U.S. Marshals Service Gulf Coast Regional Fugitive Task Force suspected that Burton was located at a residence in Auburn. When they arrived at the house, agents discovered that Burton was hiding in the attic and had to cut the ceiling open to retrieve him. Burton pleaded guilty to the firearms charge on August 14, 2020.
The Lee County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated this case, with assistance from the U.S. Marshals Service. Assistant United States Attorneys Megan A. Kirkpatrick and Russell Duraski prosecuted the case.