Former FedEx driver serves just 6 days in the slammer for stealing guns from his delivery truck and selling them

A federal judge in Massachusetts seemed to go easy on a former FedEx driver who admitted to stealing guns from his truck and then selling them. The judge sentenced the driver to time served: a whole six days.

Frank P. O'Toole, a 40-year-old man from Middleborough, about 40 miles south of Boston, apparently had keen insight into the packages he was entrusted with delivering for his old employer FedEx. Between October 2021 and June 2022, O'Toole stole three firearms — two rifles and one shotgun — from packages that had been sent from out of state and were intended for a federal firearm licensee, a press release from the U.S. Attorney's Office said.

On two separate occasions in August 2022, O'Toole then arranged to sell the stolen weapons. Likely unbeknownst to him, though, the intended purchaser was actually "an undercover agent," the press release said, and the arranged purchases were "controlled." A federal grand jury indicted him a few weeks later.

O'Toole eventually pled guilty to two counts of possession or sale of a stolen firearm, a crime that carries a maximum sentence of 10 years in prison and a $250,000 fine, and the Department of Justice recommended a 10-month sentence.

However, U.S. District Court Judge Angel Kelley opted not to heed that recommendation. Instead, Judge Kelley sentenced O'Toole to time served, which amounted to six days, as well as three years of supervised release. While under supervised release, O'Toole must also complete 250 hours of community service.

FedEx has since confirmed to USA Today that O'Toole is no longer employed with the company. "FedEx does not tolerate the use of its network for illegal activity," FedEx said in a statement. "We fully cooperated with authorities in this investigation."

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