By An Aberdeen man has been sentenced to seven years in prison on a charge related to possession of a firearm by someone who has a felony conviction.
Tujuane L. Lowry, 46, was sentenced at the Aberdeen Federal Courthouse on Monday, Aug. 14.
The sentence was less than what was recommended in a pre-sentence investigation. Judge Charles B. Kornmann said he’d prefer it be longer. But, he said, it is part of a plea agreement, which a federal judge is obliged to follow.
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A pre-sentence investigation evaluates a defendant’s criminal history and determines their criminal offense category and a sentencing recommendation. Lowry’s criminal category was a six, which, Kornmann said, is the highest. The sentencing recommendation was 120 months.
Prosecution started with rape charge in Brown County
Lowry’s federal case is the latest development after multiple charges were filed by the Brown County State’s Attorney’s Office in 2022 following two incidents that were investigated by the Aberdeen Police Department.
The first involved an allegation of sexual assault on June 18, 2022. According to court documents, Lowry entered a woman’s apartment and raped her while she was sleeping. During the course of that investigation, authorities claim they could see Lowry handling a gun in a video from inside the woman’s apartment. Lowry denied the charges, which were dismissed earlier this year when the federal arrest warrant was served.
While the video showing Lowry with a gun and drugs is being used as evidence in the federal case, Assistant U.S. Attorney Meghan Dilges said the federal charges do not include any allegation of assault.
MORE: Brown County rape charge dismissed in lieu of federal firearm charge
The second incident involved a high-speed pursuit with Aberdeen police on June 20, 2022. As Lowry drove, he evaded officers and was not apprehended that day, according to court paperwork.
He was taken into custody June 21 after officers found him in an Aberdeen apartment. Officers said they found the gun, a Beretta pistol, and ammunition in the apartment.
Brown County charges against Lowery still pending
While some Brown County charges are still pending, Lowry’s defense attorney Edward Albright previously said that the remaining state charges should be dismissed following the federal sentencing. It remains to be seen how the Bureau of Prisons will apply the 14 months Lowry has already spent in custody. Approximately three months of that time has been in federal custody with the balance spent at the Brown County Jail awaiting resolution of the county charges. But, Albright said, if all of the county charges are dismissed, Lowry’s time in county custody doesn’t get applied to his federal sentence.
While the plea agreement resolves the federal case, Lowry retained his right to appeal on the grounds that he believes the charge of possession of a firearm by a prohibited person is unconstitutional. He has argued that it is a violation of the Second Amendment.
Lowry took responsibility for his actions during the sentencing hearing. He admitted he possessed a gun and that he had a previous felony conviction.
After being released from prison, Lowery must spend three years on supervised release.