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Buffalo man pleads guilty to using a controlled substance while possessing firearm


BUFFALO -- U.S. Attorney James P. Kennedy, Jr. announced today that Kaylen Miller, 22, of Buffalo, pleaded guilty before U.S. District Court Judge Richard J. Arcara to being a user of a controlled substance in possession of firearm and ammunition. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that on September 25, 2018, law enforcement officers executed a search warrant at 45 Easton Avenue in Buffalo, which was where the defendant resided with his mother. As investigators and officers prepared to execute the search warrant, officers observed a window open and an object was thrown from the rear upper window as the search team made entry. The object thrown from the window was identified as a loaded .357 caliber revolver. Miller, who is wheel-chair bound, was inside the living room, which was a room that led to the bedroom from which the firearm was thrown out of the window. DNA consistent with the defendant Miller was located on the revolver.

During the execution of the search warrant, investigators also recovered quantity of marijuana, $411 cash, a large number of empty glass vials, 17 cellular telephones, and four scales.

Kaylen Miller has a prior arrest for marijuana possession on August 12, 2013, in Amherst, NY. In addition, on December 19, 2018, during a post-arrest interview with investigators, the defendant was asked about the marijuana recovered on September 25, 2018, during the execution of the search warrant at 45 Easton Avenue. Miller admitted that he was and is an unlawful user of marijuana.

The plea is the result of an investigation by the Bureau of Alcohol. Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.

Sentencing is scheduled for October 17, 2019, at 12:30 p.m. before Judge Arcara.

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