Michael Brandon ShulerSentence: 15 years
Offense: Felon in possession of a firearm
Year sentenced: 2002
Age at sentencing: 23
Projected release date: Jan. 26, 2015
Priors: Illegal possession of an alcoholic beverage (1991), Unauthorized use of a motor vehicle (1996); Grand larceny; Possession with intent to sell Ritalin; Destroy property (1998); Breaking & entering (1991, 1998); nine counts of driving while license suspended (1999-2001); Reckless driving (1997, 2001).
Nature of priors: At age 11, Michael brought a bottle of alcohol from his father’s liquor cabinet to school in an attempt to impress his classmates. Later that year, he broke into his friend’s house and found a .22 caliber pistol. Michael took the gun out of the house to show his friends, and when he returned it, the neighbors had come home. Michael admitted to police what he had done.
The majority of Michael’s charges took place from late February to early April 1998. Michael and a friend broke into several local high schools at night to steal pill prescriptions and one car wash to steal money. At the car wash, Michael stole $20 and damaged three towel holders and soft drink vending machines. 18 years old at the time, Michael was addicted to drugs and served about a year in jail. In 2001, Michael received a reckless driving charge for doing wheelies in a parking lot.
Born in Lee County, Virginia, Michael lived with his father until he turned 12. His father struggled with drug addiction and could not care for him, so Michael was placed in foster care. Michael’s substance abuse started early -- he began using marijuana when he was seven and was drinking by age 12. When he was 14, Michael’s aunt adopted him. After Michael was incarcerated for his offenses in 1998, he worked to stay sober but turned to pills to ease the pain after his mother was killed by a drunk driver. Despite his legal and personal troubles, Michael maintained regular employment from age 16 onwards. He would also help his aunt and his father, both disabled veterans, around the house doing housework, auto repair, and yard maintenance.
In July 2001, several weeks after his mother was killed, Michael and his family went to collect her belongings. His mother’s boyfriend presented Michael with a shotgun and told him that his mother would’ve wanted Michael to have it. Michael knew that since he had been convicted of a felony when he was 18, he was not allowed to possess firearms. He and the rest of the family agreed that his aunt, a retired Marine and Army officer, should keep the guns in her antique weapons collection.
Taking precautions to avoid even touching the weapon, the shotgun was put in another aunt’s car while Michael drove back separately. When Michael returned to his grandmother’s house, he began to unpack his mother’s belongings and found his a .38-caliber pistol in her dresser. Michael reported his discovery to the rest of the family and placed the pistol back in the chest of drawers.
Michael's girlfriend agreed to drive the rifle and the pistol to his aunt's house. On their way, she stopped at her friend’s residence and she and Michael visited with her friend and her friend's boyfriend. Michael mentioned that his mother had left him a pistol which they were taking to his aunt’s residence. The boyfriend asked to see the pistol and Michael's girlfriend went out to her car and brought the pistol back to show it to him.
Unbeknownst to Michael, the house was under police surveillance for suspected drug activity at that very moment. Suddenly, police burst into the residence with a search warrant. Michael immediately informed officers that the pistol was present and that he was a convicted felon. He was arrested and charged under federal mandatory minimum laws for being an felon in possession of a firearm.
Michael pled guilty to the offense. Although the probation officer recommended that Michael receive a higher sentence due to his prior record, both the judge and prosecutor departed from the suggestion, agreeing that Michael had accepted responsibility and a sentence decrease was appropriate under the guidelines. This led to a guidelines range of 180 to 210 months. The judge sentenced Michael to the shortest sentence possible under the Armed Career Criminal Act, a 15-year mandatory minimum.
Since his incarceration, many of Michael’s family members have passed away, including his aunt and both of his grandmothers. Michael’s father is struggling with cancer and is in hospice care. Michael has a six year-old daughter who was born right after he was imprisoned. He has never seen her.