Man Sentenced to Prison for Possessing Guns While Using and Selling Marijuana

DOJ Press

A man who possessed firearms while being a marijuana user and dealer was sentenced today to more than four years in federal prison.

Xzavier Kristian Cummings, age 22, from Waterloo, Iowa, received the prison term after a November 16, 2021 guilty plea to possession of a firearm while being a drug user.

At the sentencing hearing, the court found that Cummings possessed firearms in connection with marijuana trafficking and that some of the firearms Cummings possessed had high-capacity magazines attached.  When he bought the guns, Cummings failed to disclose his drug use.  Further evidence showed that he was using social media to distribute marijuana during 2021.  The court also noted that Cummings would have received a lower sentence, but due to violations of his conditions of release while on pretrial release, the ultimate sentence was increased.


Cummings was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Cummings was sentenced to 49 months’ imprisonment.  He must serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

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.

Cummings 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 the Cedar Falls Police Department. 

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

The case file number is 21-cr-02065.

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