Judge resentences Robert Hertz to less prison time for firearms conviction

CEDAR RAPIDS - A Cedar Rapids man convicted of having firearms as a felon was resentenced Tuesday to less federal prison time. The decision is the result of a U.S. Supreme Court ruling that changed what crimes can be considered to classify a defendant as an 'armed career criminal.”

Robert M. Hertz, 53, pleaded guilty in July 2015 to one count of possessing a firearm and ammunition as a felon and was sentenced as an armed career criminal to 15 years in prison last year in U.S. District Court.

Authorities found Hertz in possession of a .40-caliber rifle and 237 rounds of ammunition, after previously being convicted of three felonies - manufacturing methamphetamine, arson, and second-degree burglary.

Hertz was arrested under a search warrant in May 2015 when authorities were looking for four Cedar Rapids family members who later were convicted of smuggling guns to Lebanon. Hertz wasn't involved in the smuggling operation, authorities later confirmed.

U.S. District Judge Linda Reade resentenced Hertz - who she pointed out referred to himself as a 'professional convict” on Facebook - to 10 years in prison, the maximum sentence for this offense. The guideline sentencing range for Hertz was between six to eight years, but Reade gave him more prison time based on his conduct and previous convictions.

Reade said Hertz had completed some educational classes while in prison but also had some disciplinary issues. Hertz lost some 'good time” credit toward his prison term because he was fighting with another inmate. She noted Hertz is a 'violent, threatening” person who bragged about burning down a house, and has done 'poorly” in prison.

'He is at high risk to recidivate,” Reade said.

Assistant U.S. Attorney Richard Murphy presented evidence during Hertz's first sentencing that showed Hertz attempted to obstruct justice by trying to influence a witness to conceal information from the FBI about his use and possession of guns. Other evidence showed Hertz possessed three guns and numerous ammunition magazines.

Murphy, in his sentencing memo for Tuesday's hearing, highlighted some of Hertz's numerous Facebook posts describing how he made a promise to kill another person for a friend and offered to kill a woman and 'bury her deep.”

Hertz also attempted to burn down a house with two people inside and later expressed regret that he wasn't successful, Murphy said in the document.

Hertz didn't make a statement during the hearing. He waived his right to be present and remained at the Federal Correctional Institution in Manchester, Ky.

Reade ordered Hertz to serve three years of supervised release following his prison term.

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