USA v. Shaw

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA
V. 	CASE NO.: 0206 5:21CR000105-001
Ernest B. Shaw, Jr.
HONORABLE ANTHONY J. BRINDISI, U.S. DISTRICT COURT JUDGE
ORDER
After reviewing the circumstances of this case, the Court orders the modification of the
conditions of supervision as follows:
You must submit your person, and any property, house, residence, vehicle, papers,
effects, computer, electronic communications devices, and any data storage
devices or media, to search at any time, with or without a warrant, by any federal
probation officer, or any other law enforcement officer from whom the Probation
Office has requested assistance, with reasonable suspicion concerning a violation
of a condition of probation or supervised release or unlawful conduct by you. Any
items seized may be removed to the Probation Office or to the office of their
designee for a more thorough examination.
You must not own, possess, or have access to any article which bears a realistic
resemblance to a firearm.
Case 5:21-cr-00105-FJS Document 116 Filed 03/17/26 Page 1 of 2

The Court finds this modification is justified and necessary based upon consideration of
both the defendant’s conduct in the instant federal offense, which involved illegal possession of a
firearm, and his conduct while on supervised release. The Court notes that while on supervised
release, the defendant was observed possessing and carrying a replica firearm in a public place,
thereby causing a police investigation to be undertaken to verify that the replica firearm he was
observed carrying was not, in fact, a real firearm, and that the safety of the community was not in
danger. Investigation revealed the defendant was in possession of several replica firearms, and he
admitted to police that he made a practice of carrying a replica firearm on his person while in
public. Therefore, conditions of supervised release prohibiting the defendant from possessing
replica firearms and permitting the probation office to conduct searches with reasonable suspicion
are both necessary to promote the safety of the community and the defendant’s rehabilitation.
IT IS SO ORDERED.
Dated: ______________ 	________________________
Utica, NY 	Honorable Anthony J. Brindisi
U.S. District Court Judge
3/17/2026
Case 5:21-cr-00105-FJS Document 116 Filed 03/17/26 Page 2 of 2