A Joplin man should be six years in prison on weapons charges, according to a sentencing memorandum filed today in U. S. District Court for the Western District of Missouri.
In the memorandum, Assistant U. S. Attorney Cameron Beaver detailed the long criminal record of Nicholas Cutbirth, 33, who pleaded guilty June 30, 2025, to being a felon in possession of a firearm.
In connection with the instant offense, in a less than two-month span, law enforcement seized four firearms from the defendant. (PSR ¶¶ 4-8.) On two separate occasions, the defendant was contacted in possession of a firearm while he also possessed controlled substances. (PSR ¶¶ 4 and 8.)The defendant is a convicted felon, prohibited from possessing the above-noted firearms.
The defendant has three felony convictions, including one federal felony conviction out of the U.S.
District Court for the Western District of Missouri. (PSR ¶¶ 32-34.) His prior federal felony conviction, for theft of firearms from a licensed firearms dealer, involved the defendant breaking into a federal firearms licensee and stealing seven firearms.
His two prior state felony convictions, both out of Jasper County, Missouri, Circuit Court—for first-degree burglary and receiving stolen property—involved the defendant stealing from others. (PSR ¶¶ 32-33.)
During those two prior state convictions, the defendant was identified as the perpetrator of several
burglaries that involved the theft of laptops, gaming systems, smart phones, and firearms. (PSR ¶¶ 32-33.)
Noteworthy, the defendant was sentenced to probation on both of his state felony cases and received a low-end Guideline sentence of 15 months’ imprisonment on his prior federal felony case. (PSR ¶¶ 32-34.)
burglaries that involved the theft of laptops, gaming systems, smart phones, and firearms. (PSR ¶¶ 32-33.)
Noteworthy, the defendant was sentenced to probation on both of his state felony cases and received a low-end Guideline sentence of 15 months’ imprisonment on his prior federal felony case. (PSR ¶¶ 32-34.)
Despite these opportunities, the defendant continued to engage in criminal conduct and violated his conditions of probation and parole. (PSR ¶¶ 32-34.) His federal supervision was twice revoked, and he committed the instant offense while on probation for his first-degree burglary conviction. (PSR ¶¶ 33-34 and 37.)
The defendant has been given chances to turn from his criminal ways and lead a law-abiding life; however, at each turn he chose to return to stealing and possessing weapons, thereby creating dangerous situations for the community as a whole. Such repeated return to criminal conduct has demonstrated no prior level of deterrence.
The defendant has also established, by his conduct in this case and his criminal activity in the past, that he has no respect for the rule of law, will deliberately violate it to suit his needs, and that the community is very much in need of protection from his future crimes.
The Government is asking for a sentence of 78 months’ imprisonment, a sentence that takes into account the defendant’s entire circumstances, and is sufficient, but not greater than necessary, to promote respect for the law, provide just punishment for the offense, afford adequate deterrence to criminal conduct, and protect the public from further crimes of the defendant.
Cutbirth's crime was detailed in the complaint, which was filed in 2025.
On January 7, 2025, a deputy with Newton County, Missouri, Sheriff’s Office (NCSO) was dispatched to 7547 Dover Lane, in Newton County, within the Western District of Missouri, in reference to stolen property.
The victim stated Nicholas CUTBIRTH had stolen firearms and other items from the residence. Witness 1 (W1) stated she drove CUTBIRTH to the residence.
According to W1, CUTBIRTH exited the vehicle and began walking through the woods. W1 stated CUTBIRTH had a rifle and a pistol in his possession. Additional deputies responded and conducted a search for CUTBIRTH. CUTBIRTH was located in an abandoned house on the victim’s property. CUTBIRTH was taken into custody.
Upon his arrest, law enforcement located a Taurus, model PT1911 pistol, bearing serial number NLN15854, in CUTBIRTH’s waistband.
Lying on the floor where CUTBIRTH had been standing, deputies located a Norinco, model SKS rifle, bearing serial number 16688. It was determined through a criminal history check that CUTBIRTH is a convicted felon as he was previously convicted in the United States District Court, Western District of Missouri, for theft from a licensed firearms dealer, a crime punishable by more than one year in prison under the laws of the United States.
Cutbirth's sentencing is scheduled for 10:15 a.m. November 5 in Springfield.
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