Georgia Attorney Lawyer

Sentencing Deferred One Year to Allow Harris to Perform Unique and Extensive Community Service, After Which He Will Serve Prison Sentence.

Atlanta, GA - CLIFFORD J. HARRIS, JR., an entertainer also known as “T.I.,” 27, of College Park, Georgia, pleaded guilty today in federal district court to possession of unregistered machine guns and silencers, unlawful possession of machine guns, and possession of firearms by a convicted felon. Today’s plea includes his admission that he also illegally possessed eight firearms found in his vehicle and home.

“Mr. Harris has now admitted that he is guilty of the serious federal firearms offenses with which he was charged,”said David E. Nahmias, United States Attorney for the Northern District of Georgia. “The next step is to determine the appropriate sentence. He has asked, and we and the Court have agreed, that his sentencing be deferred for a year to allow him to perform a unique and extensive program - at least 1000 hours - of community service. That service will focus on using his high public visibility and his talents and life experience to tell at-risk young people about the mistakes he has made and to educate them about the dangers of violence, guns, gangs, and drugs. If Mr. Harris performs as expected, his efforts and ability to reach and influence a large number of young people should prevent and deter at least some of them from committing crimes that endanger their communities and ruin their lives. Preventing crime is an important law enforcement objective, one that we expend considerable time and resources trying to promote — and one that if accomplished by a defendant merits a sentence reduction just as we commonly reduce sentences for defendants whose assistance leads to another conviction.”

“Mr. Harris will remain under strict bond conditions during the next year,” Mr. Nahmias continued. “If he performs his community service as expected and lives up to the many other obligations of his bond and plea agreement, then he will still receive a substantial sentence for his crimes: a year in prison, three years of supervised release including a year of home detention, a total of 1500 hours of community service, and a $100,000 fine. If he does not fulfill his obligations, then he will remain bound by his guilty plea, but he will face a much longer prison sentence. In short, this resolution is in the public interest and consistent with the principles of federal prosecution and sentencing.”

“It is disturbing to witness self-destructive behavior first hand,” said ATF Acting Special Agent in Charge Scott Sweetow. “This previously convicted felon well knew that he could not possess any firearms, let alone machineguns and silencers, yet he chose to break the law. When people violate federal firearms laws, they should not be surprised to find ATF agents at their door. We are gratified that this case was efficiently resolved and are pleased to see the defendant take responsibility for his criminal conduct.”

According to United States Attorney Nahmias and the information presented in court, including the Stipulated Statement of Facts: In 1998, HARRIS was convicted of possession of crack cocaine with intent to distribute in Cobb County, Georgia. As a convicted felon, he could not lawfully buy, receive, or possess firearms or ammunition of any kind. During September and October of 2007, one of HARRIS’ bodyguards purchased nine firearms for HARRIS at his request. The bodyguard delivered these firearms to HARRIS at his residence in College Park, Georgia. HARRIS took possession of the firearms and placed some or all of them in a hidden compartment inside a closet in his bedroom.

On October 10, 2007, HARRIS arranged for the same bodyguard to pick up $12,000 in cash from HARRIS’ bank. HARRIS told the bodyguard to use the cash to buy machine guns for him. Later that day, the bodyguard was arrested by ATF agents after he purchased three machine guns for HARRIS, and also bought two silencers to deliver to HARRIS, from an undercover ATF agent. The machine guns and silencers were not registered to the bodyguard or to HARRIS in the National Firearms Registration and Transfer Record, as would be required for a lawful purchase of machine guns or silencers.

After his arrest, the bodyguard agreed to assist the ATF. He advised the ATF agents that the machine guns were being purchased for HARRIS and disclosed his previous firearms purchases for HARRIS. This was the first the agents knew of HARRIS’ involvement, and they then followed the evidence. The bodyguard made several monitored/recorded telephone calls to HARRIS, during which the two discussed delivery of the weapons. HARRIS said he wanted to take possession of the “items” or “product” (meaning the machine guns), and HARRIS and the bodyguard agreed to meet in the parking lot of a Publix shopping center in midtown Atlanta. The meeting was arranged for the afternoon of Saturday, October 13, 2007. HARRIS arrived at the shopping center driving a Range Rover sport utility vehicle, with a female and a male passenger inside. The bodyguard got into the back seat of the Range Rover and showed HARRIS the machine guns and silencers, which the bodyguard had carried to the meeting in a duffel-type bag. HARRIS asked the bodyguard, “Is there anything special I need to know?” HARRIS and the bodyguard then discussed the semi-automatic and fully-automatic functioning of the machine guns. HARRIS inspected the weapons and noted that the silencers were designed for “no flash, no bang.” HARRIS also asked the bodyguard whether ammunition was included for the machine guns and asked what caliber rounds were used in the weapons.

ATF agents then moved in and arrested HARRIS. During a subsequent search of the Range Rover vehicle, ATF agents found a loaded .40 caliber pistol tucked between the driver’s seat, where HARRIS had been sitting, and the center console. This firearm had been purchased by the bodyguard on September 6, 2007, and HARRIS knew it was in his vehicle. ATF agents also found a loaded.45 caliber pistol in the back passenger seat and another loaded .45 caliber pistol in a piece of luggage in the rear storage area that also contained HARRIS’ clothing and personal items; the latter pistol had been purchased by the bodyguard for HARRIS and delivered to his residence on September 26, 2007. Following his arrest, HARRIS waived his Miranda rights, was interviewed by ATF agents, and admitted that he handled the machine guns in the vehicle.

Later that same day, October 13, 2007, ATF agents, accompanied by Deputy U.S. Marshals, Fulton County Police Officers, and Fulton County Sheriff’s Deputies, executed a federal search warrant at HARRIS’ residence in College Park. During the search, the agents found two rifles and a pistol, with magazines and ammunition, all of which had been purchased for HARRIS by the bodyguard, inside HARRIS’ bedroom closet. The agents also found two more pistols and one revolver, along with pistol boxes and ammunition, some of which had been purchased for HARRIS by the bodyguard, inside a compartment behind a false wall within his bedroom closet, which was secured with a biometric lock that required HARRIS’ fingerprint to open and had last been opened by HARRIS the previous day. The agents also found additional ammunition and firearms boxes in HARRIS’ bedroom.