Felon Sentenced for Illegal Possession of Firearm Discovered After Being Stopped for Smoking Marijuana in Public

WASHINGTON - Daveion Antonio Ervin, 28, a previously convicted felon residing in the District of Columbia, pleaded guilty today in connection with his illegal possession of a loaded Springfield Armory pistol discovered after he was stopped by police for smoking marijuana on a public street, announced U.S. Attorney Jeanine Ferris Pirro.

Ervin pleaded guilty before U.S. District Court Judge Carl J. Nichols to one count of felon in possession of a firearm and ammunition. Judge Nichols scheduled sentencing for Sept. 10, 2026.

According to court documents, on Feb. 18, 2026, about 8:55 p.m., U.S. Park Police officers were patrolling in the area of Dix Street at 63rd Street NE. Officers were driving west when they spotted Ervin holding a hand-rolled cigarette and exhaling a large cloud of white smoke. Moments later, the officers made a U-turn toward Ervin.

The officers exited their cruiser, approached Ervin, and detected the strong odor of marijuana. Ervin attempted to flee the scene when officers ordered Ervin to stop. Ervin discarded the hand-rolled cigarette and continued running. After a brief foot pursuit, Ervin tripped and fell. Officers caught up with Ervin and told him to remain on the ground. When the officers asked Ervin why he ran, Ervin told the officers that he was in possession of a firearm and did not have a license to carry.

Officers recovered a Springfield Armory XDS-9 9mm pistol from Ervin's front waistband. It was loaded with one round in the chamber and five rounds in the magazine. Officers also recovered the remainder of Ervin's marijuana cigarette along his flight path.

The firearm in the defendant's waist prior to its recovery

Image of the 9mm firearm, ammunition, and partially smoked suspected marijuana cigarette that the defendant had possessed.

This case was prosecuted under the Make D.C. Safe and Beautiful initiative. 

Make D.C. Safe and Beautiful is a law enforcement initiative in support of President Trump's Executive Order to crack down on gun violence, prioritize federal firearms violations, pursue tougher penalties, and seek detention for federal firearms violators. 

This case was investigated by the U.S. Park Police. It is being prosecuted by Assistant U.S. Attorney Emory V. Cole.

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