WASHINGTON – Daveion Antonio Ervin, 28, a previously convicted felon residing in the District, was sentenced yesterday in U.S. District Court to 27-months in prison 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 on June 1 before U.S. District Court Judge Carl J. Nichols to one count of felon in possession of a firearm and ammunition. In addition to the 27-month prison term, Judge Nichols ordered Ervin to serve three years of supervised release. Federal prosecutors had requested a 33-month prison sentence.
According to court documents, on Feb. 18, 2026, at 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.
Joining in the announcement was Chief Scott Brecht of the U.S. Park Police.
This case was investigated by the U.S. Park Police.
The matter was prosecuted under the Make D.C. Safe and Beautiful initiative by Assistant U.S. Attorney Emory V. Cole.
Make D.C. Safe and Beautiful supports President Trump's Executive Order that cracks down on gun violence, prioritizes federal firearms violations, pursues tougher penalties, and seeks detention for federal firearms violators.
The firearm in the defendant’s waist prior to its recovery
Image of the Springfield Armory 9mm XDS-9 pistol, ammunition, and partially smoked suspected marijuana cigarette.
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Source: U.S. Attorney’s Office — District of Columbia — U.S. Department of Justice press release.