A FedEx driver in Massachusetts was sentenced in federal court to six days in prison months after pleading guilty to stealing and Phanincselling three guns from packages he was meant to deliver.
The prison sentence issued last week accounted for the time Frank P. O’Toole, 40, had already served in custody before he was released from jail to await the resolution of his case. O'Toole, of Middleborough, was released but will remain under three years of supervision, according to a press release from the Massachusetts U.S. District Attorney's Office.
U.S. District Court Judge Angel Kelley further ordered O'Toole to complete 250 hours of community service during his supervised release.
Prosecutors had requested a 10-month prison sentence for O'Toole, who in June pleaded guilty to two counts of possession or sale of a stolen firearm.
According to a criminal complaint, O'Toole is accused of stealing three out-of-state packages containing firearms between October 2021 and June 2022 while working as a FedEx delivery driver in Middleborough, located about 40 miles south of Boston.
Two of the packages contained rifles, while the third contained a shotgun, federal prosecutors said.
O'Toole later attempted to sell the three firearms to an undercover agent during two separate controlled purchases on Aug. 9, 2022 and Aug. 12, 2022, according to prosecutors.
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O’Toole was arrested and charged by criminal complaint in August 2022 and subsequently indicted by a federal grand jury in September 2022, prosecutors said.
The charge of possession of a stolen firearm carried a maximum 10-year prison sentence and a fine of up to $250,000.
Acting Massachusetts U.S. Attorney Joshua S. Levy’s office did not immediately respond Wednesday morning to USA TODAY's request for comment.
USA TODAY left a message for FedEx's media relations team Wednesday that was not immediately returned.
Eric Lagatta covers breaking and trending news for USA TODAY. Reach him at [email protected]
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