‘Professional convict’ gets 68 months shaved off sentence for gun charge
By Chris Eger
An Iowa man serving more than 15 years in federal prison on weapons charges saw his sentence reduced this week due to a 2016 Supreme Court decision.
In a court document filed Tuesday, Robert M. Hertz, 53, formerly of the Cedar Rapids area, was given a reduced sentence of 10 years imprisonment followed by three years of supervised release. Hertz was serving 188 months in prison followed by five years of supervised release after pleading guilty to possessing a firearm and ammunition as a felon in 2016.
A member of an outlaw motorcycle gang, the Gypsy Jokers, Hertz had previously been convicted of three felonies — arson, burglary, and manufacturing methamphetamine — before he was arrested in 2015 with a .40-caliber rifle and 237 rounds of ammunition in his possession. Charged under the Armed Career Criminal Act, a 1984 rider signed by President Ronald Reagan that mandated a sentence of “not less than 15 years” for felons with three prior convictions of robbery or burglary found with guns, Hertz was given a reduction on the heels of a Supreme Court decision last year in the case of Mathis v. United States.
Mathis, decided by a 5-3 vote, upheld the 15-year mandatory sentence under