BOSTON – A Brockton man was indicted yesterday in federal court in Boston on a firearm charge.
David Upshaw, 33, was indicted on one count of being a felon in possession of a firearm and ammunition. Upshaw is prohibited from possessing a firearm based on a prior conviction in Plymouth County Superior Court.
According to court documents, on various days in April and May 2017, law enforcement officers in Brockton and Taunton responded to a number of calls reporting shots fired. After conducting surveillance in the locations where shots were reported, law enforcement stopped a vehicle in which Upshaw was in the passenger seat. During the stop, officers found a Glock, model 22, .40 caliber semi-automatic pistol and .40 caliber ammunition.
The charging statute provides for a mandatory minimum sentence of 15 years and up to a lifetime in prison, no greater than five years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Plymouth County District Attorney Timothy Cruz; and Brockton Police Chief John Crowley made the announcement today. Assistant U.S. Attorney Robert E. Richardson of Weinreb’s Major Crimes Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Department of Justice
Office of the U.S. Attorney
District of Massachusetts