Department of Justice

Fort Myers, FL – United States District Judge John L. Badalamenti has sentenced Charles Arthur Herzberger (26, North Fort Myers) to three years and one month in federal prison for possessing a firearm as a convicted felon. Herzberger had pleaded guilty on December 20, 2019.

According to court documents, officers from the Fort Myers Police Department observed Herzberger driving without wearing a seatbelt. As the officers attempted to maneuver their patrol vehicle into position to conduct a traffic stop, Herzberger quickly pulled into a parking space at a convenience store, exited the vehicle, and sprinted from the car. After a brief foot pursuit, Herzberger was apprehended. Officers searched the vehicle and located a loaded 9mm handgun under the driver’s seat. DNA analysis performed by a Florida Department of Law Enforcement analyst revealed that Herzberger’s DNA profile matched the DNA extracted from the firearm. As a previously convicted felon, Herzberger is prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Fort Myers Police Department, and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorney Simon R. Eth.

This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence and enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes. For more information on Project Guardian visit www.justice.gov/projectguardian.

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