HARRISBURG — This is an official press release from the U.S. Department of Justice (USAO - Pennsylvania, Middle), published as received.

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 26, 2021, Alfred W. Stewart, age 38, of Harrisburg, Pennsylvania, was convicted of possessing a firearm as a previously convicted felon after a two-day trial before United States District Court Judge Jennifer P. Wilson.  

According to Acting United States Attorney Bruce D. Brandler, the jury returned the guilty verdict after approximately one hour of deliberation.  The government established that on March 27, 2019, members of the United States Marshal Service (USMS) Fugitive Task Force executed an arrest warrant on Stewart for being a fugitive from federal supervision and for multiple violations of his federal supervised release. When the officers arrived at the Dauphin County home, they knocked on the door and spoke with a family member. This family member indicated that Stewart was home and up on the third floor. The Marshals gave commands for Stewart to come downstairs. Instead, Stewart fled out of a third-floor window. Officers outside observed him with a gun in his hand.  Stewart walked back and forth between a chimney and another obstruction and put something in the chimney. Afterwards he surrendered. Police went to the basement of the house and found a Glock model 30 .45 caliber pistol in the chimney which Stewart was prohibited from possessing as a result of a prior felony conviction.   

Stewart had three prior convictions for serious drug offenses:

  • 2003 conviction before the Dauphin County Court of Common Pleas for unlawful distribution of a controlled substance (cocaine);
  • 2003 conviction before the Dauphin County Court of Common Pleas for Possession with intent to distribute a controlled substance;
  • 2010 conviction before the United States District Court for the Middle District of Pennsylvania for distribution and possession with intent to distribute a Controlled Substance (cocaine).

As a result of these three convictions, Stewart qualifies as an Armed Career Criminal and is subject to a minimum mandatory 15 year term of imprisonment.

The case was investigated by the U.S. Marshal Service, the Harrisburg Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorneys Michael A. Consiglio and Sam Dalke are prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin.  Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.

Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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