SHUN BIRCH OF AURORA SENTENCED TO FEDERAL PRISON FOR BEING A FELON IN POSSESSION OF A FIREARM
DENVER – Shun Lamar Birch, age 28, of Aurora, Colorado, was sentenced late last week by Chief U.S. District Court Judge Wiley Y. Daniel to serve 60 months (5 years) in federal prison for being a felon in possession of a firearm, the U.S. Attorney’s Office and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) announced. Following his prison sentence, Birch was ordered to serve 3 years of supervised release. Birch appeared at the sentencing hearing in custody, and was remanded.
Shun Lamar Birch was indicted by a federal grand jury in Denver on January 29, 2009. Birch went to trial in U.S. District Court in Denver on November 17 through 19, 2009. On November 19, 2009, after deliberation, the jury found the defendant guilty. He was sentenced by Chief Judge Daniel on March 11, 2010.
According to facts that came out during trial, as well as facts presented to the court in the government’s Sentencing Statement, on December 13, 2006, Aurora Police officers arrested Birch for drug trafficking charges. At the time of his arrest, Birch was wearing a bullet proof vest and he possessed a Ruger .45 caliber handgun. The defendant ultimately pled guilty in Adams County to felony possession of marijuana with intent to distribute. On November 28, 2007, Birch was sentenced to 90 days in jail followed by 3 years probation.
On November 19, 2008, a Denver Grand Jury indicted Birch and two co-conspirators for the December 2006 murder of Kalonniann Clark. During the continuing and subsequent murder investigation, Denver Police had learned that Birch was paid with marijuana for the homicide by his co-conspirators. Birch’s arrest for marijuana possession with intent to distribute was on December 13, 2006 – one week after the Clark murder. Following the November 19, 2008, Denver Grand Jury indictment, police officers arrested Birch at his townhouse in Aurora. That same evening, pursuant to a search warrant, police officers searched Birch’s residence. During the search officers found a .45 caliber semiautomatic pistol, loaded with 5 rounds in the magazine with one in the chamber. They also found a magazine loaded with 10 rounds of .45 caliber ammunition, an unloaded Winchester 12 gauge shotgun and a loaded Mossberg 12 gauge shotgun. Birch was not legally allowed to possess these firearms, due to his prior felony 2007 conviction in Adams County.
This case was investigated by the ATF Denver Field Office, the Aurora Police Department, the Denver Police Department, with support from the Fugitive Location and Apprehension Group (FLAG).
Birch was prosecuted by Assistant U.S. Attorneys Richard Hosley and Kasandra Carleton.
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