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Iowa felon who possessed pistol used in hold up gets 10 years in prison

gunCEDAR RAPIDS – A felon who possessed a 9 millimeter pistol during a Waterloo traffic stop was sentenced today to 10 years in federal prison.

Delvonn Battle, 31, from Des Moines, Iowa, received the prison term after a May 23, 2013 jury verdict finding him guilty of possessing the firearm as a felon.

The evidence at trial showed that the Waterloo Police Department stopped a vehicle just before midnight on January 13, 2012. Ryan Marshall, a friend of Battle’s, was driving the vehicle. Battle was seated in the front passenger seat and a third occupant, Darrell Hardy, was in the rear seat. Police officers found the loaded firearm directly under Battle’s seat. Battle was a felon.

Battle was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Battle was sentenced to 120 months’ imprisonment, which was the maximum possible sentence. A special assessment of $100 was imposed. Battle must serve a 3-year term of supervised release after the prison term. There is no parole in the federal prison.

Battle’s sentence was enhanced based on the Court’s finding that defendant used the firearm in a shooting at a busy Des Moines gas station just one month prior to the traffic stop. State ballistics evidence showed that the firearm found under Battle’s seat was the exact same firearm used in the shooting. Four shots were fired, with one shot hitting the victim in the leg. A police officer at the scene of the shooting provided a physical description of the shooter, which matched Battle’s general description. An eyewitness to the shooting also testified at trial. This witness personally knew Battle, and testified that Battle was the shooter.

Battle is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Justin Lightfoot, and was investigated by the Waterloo Police Department Violence Crime Apprehension Team (VCAT), the Iowa Division of Narcotics Enforcement, and the Tri-County Drug Task Force, which is composed of the Waterloo Police Department, Cedar Falls Police Department, Waverly Police Department, Bremer County Sheriff’s Office, Black Hawk County Sheriff’s Office, LaPorte City Police Department, Evansdale Police Department, Hudson Police Department, and the Federal Bureau of Investigation.

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