Date: 09-07-2017

Case Style:

Case Number: 5:17-mj-01830-KRS

Judge: Kevin P. Sweazea

Court: United States District Court for the District of New Mexico (Bernalillo County)

Plaintiff's Attorney: Presiliano Torrez and Matthew Beck

Defendant's Attorney: Peter Edwards - FPD

Description: Albuquerque, NM - Armed Career Criminal from Albuquerque Sentenced to Fifteen Years for Unlawfully Possessing a Firearm and Ammunition - Defendant Prosecuted Under Federal “Worst of the Worst” Anti-Violence Initiative

Jesus Rodriguez, 34, of Albuquerque, N.M., was sentenced to 180 months in prison followed by five years of supervised release for unlawfully possessing a firearm and ammunition. Rodriguez was sentenced under the Armed Career Criminal Act, which requires the imposition of an enhanced sentence of not less than 15 years of imprisonment for offenders with three prior convictions for violent felonies, serious drug offenses, or a combination of both.



Acting U.S. Attorney James D. Tierney, Special Agent in Charge John J. Durastanti, Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), U.S. Marshal Conrad E. Candelaria, and Bernalillo Sheriff Manuel Gonzales, III, announced the sentence. In making the announcement, these officials said that Rodriguez was prosecuted under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.



ATF arrested Rodriguez on April 19, 2016, based on a criminal complaint charging him with being a felon in possession of a firearm and ammunition. According to the complaint, Rodriguez was in possession of a loaded firearm on Jan. 29, 2016, when the Bernalillo County Sheriff’s Office and U.S. Marshals Service’s South West Investigative Fugitive Team (SWIFT) arrested him on an outstanding state arrest warrant.



Rodriguez was indicted on May 10, 2016, and was charged with unlawfully possessing a firearm and ammunition on Jan. 29, 2016, in Bernalillo County, N.M. At the time, Rodriguez was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses, including aggravated assault against a household member, aggravated battery against a household member, child abuse, auto burglary, conspiracy to commit auto burglary, and battery on a peace officer.



Rodriguez entered a guilty plea to the indictment on March 22, 2017, without the benefit of a plea agreement.



This case was investigated by the ATF’s Albuquerque office, the U.S. Marshals Service’s SWIFT Team, and the Bernalillo County Sheriff’s Office.

Outcome: Defendant was sentenced to 180 months in prison followed by five years of supervised release.

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