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A drug user and marijuana seller who shot a gun at fellow drug traffickers was sentenced November 4, 2020, to three years in federal prison.

Jacob Tyler Ray Foss, age 21, from Evansdale, Iowa, received the prison term after pleading guilty to being a drug user in possession of a firearm.

In his plea agreement, Foss admitted he was at his apartment when two men attempted to kick in the door.  Foss fired shots to scare the men off.  After the men left his door, Foss continued to fire at their car.  Foss also admitted that he possessed the firearm in connection with other offenses, including possession with intent to deliver marijuana.  Foss was also aware the firearm was stolen.

Foss was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Foss was sentenced to 36 months’ imprisonment and fined $1,000.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.  Foss 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 Emily K. Nydle and was investigated by a Federal Task Force composed of the Waterloo Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, and Firearms assisted by the Black Hawk County Sheriff’s Office and Cedar Falls Police Department.

This case was brought as part of Project Safe Neighborhoods (PSN).  PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

This case is also 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; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.  For more information about Project Guardian, please see https://www.justice.gov/ag/page/file/1217186/download.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl

The case file number is 20-CR-2008.

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