United States of America v. Russell Wheeler

Albuquerque, New Mexico criminal defense lawyer represented Defendant charged with two counts of being a felon in possession of a firearm and ammunition and one count of attempt to manufacture methamphetamine.



On May 22, 2021, following an argument, Russell Wheeler, age 51, from Lunas, New Mexcio, shot a man in the head, at close range, with a revolver before fleeing the scene on foot. The victim was taken to an urgent care clinic and later to the University of New Mexico Hospital for treatment. He survived his injuries and Wheeler was identified as the shooter by a witness. Wheeler was convicted of possession of a controlled substance in 2005 and aggravated fleeing from law enforcement in 2007, both felonies. As a previously convicted felon, Wheeler cannot legally possess firearms or ammunition.



Following the incident, the FBI sought and executed a search warrant on Wheeler's home. Inside, the FBI recovered two firearms - a 12-gauge shotgun and a black semi-automatic pistol -and ammunition and discovered an active methamphetamine lab in the bathroom of the residence. Wheeler admitted that he was in the process of cooking methamphetamine when agents knocked on his door and he had flushed much of what he was making down the toilet.



The FBI Violent Crime Task Force investigated this case with assistance from the Valencia County Sheriff's Office and New Mexico State Police. Assistant United States Attorney Jaymie L. Roybal is prosecuting the case.



18:922(g)(1) and 924: Felon in Possession of a Firearm and Ammunition

(1sss-2sss)



21:841(a)(1) and (b)(1)(C), and 846: Attempt to Manufacture a Mixture and Substance Containing Methamphetamine

(3sss)

Defendant was sentenced to 110 months each as to Counts 1, 2, and 3, to be run concurrently, for a total term of 110 months; Supervised Release: 3 years as to each Count, to be run concurrently, with Special Conditions; 500-Hour Drug Program; SPA: $300; Defendant held in custody.