Legal Documents
- Archived Court Documents
- MOTION for Emergency Stay and for Review and Appeal of Release Order
- Statement of Facts
- Complaint
- Affidavit
- Indictment
- CourtListener
Charges
Milstreed was charged by information with three counts: Assaulting Federal Officers, in violation of 18 U.S.C. 111(a) and (b) (Count One); Assault, in violation of 18 U.S.C. ยง 113(a)(4) (Count Two); and Possession of an Unregistered Firearm, in violation of 26 U.S.C. ยงยง 5841, 5861(d), and 5871 (Count Three). On April 14, 2023, Milstreed was convicted of those offenses based on a guilty plea entered pursuant to a plea agreement.
- Milstreed was arrested on May 24, 2022, in Colorado, where he was working. Simultaneous with his arrest, agents executed court-authorized searches of his Maryland home and his Colorado hotel room. In Milstreedโs hotel room in Colorado, agents discovered approximately 94 vials of a liquid substance they believe to be illegal injectable steroids. In Maryland, agents discovered the blue hat and camouflage hoodie Milstreed was wearing on January 6, 2021.
- The Maryland search team also uncovered Milstreedโs trove of weaponsโsome of the same weapons he described and displayed for his Facebook friends in the weeks surrounding January 6, as described above. Milstreedโs firearms cache was not locked away for safekeeping, but was strewn out on a bed, much as he had photographed the firearms a year earlier. There were few serial numbers on any of the weapons. Moreover, agents found no indication that any of these weapons is registered to Milstreed in Maryland police databases. In sum, the firearms agents found at Milstreedโs home included the following:
- AR Style Weapon; No Bolt Carrier Group, along with two attached Scopes (‘Micro3x’ and ‘Strikeforce’)
- Upper Receiver for AR Style Weapon; No Bolt Carrier Group
- Upper Receiver for AR Style Weapon with Bolt Carrier Group, along with a Scope and a Suppressor
- Upper Receiver for AR Style Weapon; No Bolt Carrier Group, along with a mounted Optic and a Suppressor
- 2 Lower Receivers for AR Style Weapons (one black, one silver)
- AR Style Weapon Scope, Black In Color ; Bearing 4-16x50aoeg
- Improvised Suppressor (Black in Color) With Inscription ‘D2037963705’
- 2 Buffer Springs
- Upper Receiver for AR Style Weapon, No Bolt Carrier Group
- Unopened Box Labeled “Federal Ammunition .223 X 1000”
- Metal Ammo Box Partially Opened Containing Boxes of โWolf Military Classicโ .223 Rounds.
- Unopened Ammo Box Labeled Wolf Military Classic
- Box Containing (19) X 223. Rounds (20 Boxes), X 1 Winchester 556 (20 Rd Box)
- Opened Ammo Box Labeled “UMC Bulk Pack” Containing Approximately (471) .223 Rounds
- 11 Magazines Total: 9 X 5.56, 2 X 7.62, 7 X 30 Round Capacity, (1) Empty, (1) With (2) Rounds, (3) With 30 Rounds, (2) With 31 Rounds, 2 40 Round Capacity, (1) With 10 Rounds, (1) With 11 Rounds, Additional 3 Loose Rounds
- Remington Box Containing an Empty Magazine, 4 Shell Casings, 2 Live Rounds
- One of the firearms listed above was a .300 Blackout caliber rifle (AR 15-variant) with a barrel length of 10.19 inches that was a privately made firearm with an upper receiver manufactured by Aero Precision and a lower receiver with a manufacturer that could not be determined. This firearm was not registered to Milstreed in the National Firearms Registration and Transfer Record as required, and in violation of federal firearms law. In addition, among the firearms listed above and in Milstreedโs possession were two lower receivers and three upper receivers, all without serial numbers; three suppressors, including one that appeared to be handmade; four assault rifle-style scopes, only one of which had a serial number; a mounted weapon optic; two buffer springs; approximately 2,000 to 2,500 rounds of ammunition; and 11 rifle-style magazines.


Sentence
Sentenced to sixty (60) months incarceration to run concurrent with counts 2-3, followed by twenty-four (24) months Supervised Release to run concurrent with counts 2-3, a $100 Special Assessment, and Restitution totaling $2000.
Criminal History
Milstreed has a criminal history that includes a history of drug use and a prior arrest for distribution of cocaine. While his criminal history is dated, it spanned more than 20 years, indicating that Milstreed may not have but his criminal past entirely behind him on January 6, 2021, when he committed these offenses. Moreover, in addition to prior convictions for possession of a controlled substance and possession with intent to distribute, trespassing, and theft, Milstreed has five other arrests, the disposition of some of which are unknown, including for controlled substance offenses. Troublingly, Milstreedโs 1987 conviction for possession with intent to distribute cocaine, which resulted in a suspended sentence of 3 years in custody, was a felony offense.
Documentation



