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Case Number: 6:20-cr-06075-EAW
Judge: Elizabeth A. Wolford
Court: United States District Court for the Western District of New York (Monroe County)
Plaintiff's Attorney: United States District Attorney’s Office, Buffalo, New York
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Description: Rochester, New York criminal defense lawyer represented defendant charged with theft of firearms from a Federal Firearms Licensee, possession of firearms by a convicted felon, and fraudulent representations about the receipt of military medals.
Marcos D. Guzman, 36, of Rochester, NY, was charged with theft of firearms from a Federal Firearms Licensee, possession of firearms by a convicted felon, and fraudulent representations about the receipt of military medals.
“Guzman is the opposite of a hero,” stated U.S. Attorney Kennedy. “The heartless crimes that he and his co-conspirators committed continue to bring harm and wreak havoc in our community as the guns that they stole and sold on our streets almost inevitably end-up in the hands of those who acquire them for criminal purposes. The crimes they committed are acts of treason against the safety and well-being of our community.”
Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that the defendant, along with co-defendants Dakota Sarfaty and Luis D. Marcano-Agosto, broke into Chinappi’s Firearms & Supplies, a gun store on West Ridge Road in Spencerport, NY, in the early morning hours of August 16, 2018. Defendant Sarfaty entered the basement through a hole in the wall and, together with Guzman and Marcano-Agosto, stole approximately 87 firearms, most of which were handguns. Many of the firearms were sold on the streets of Rochester.
In April 2019, Guzman pleaded guilty for his role in the gun story burglary. The defendant then lied to the U.S. Probation Office about his military service and being awarded two Purple Hearts in order to try to get a lower sentence on his pending firearms offenses. Specifically, Guzman lied about serving in the United States National Guard, being deployed to Iraq for 18 months, and receiving two Purple Hearts for saving another soldier on the battlefield in Iraq. The defendant provided photographs to the U.S. Probation Office that purported to show the two Purple Heart certificates. The Purple Heart certificates were fake.
Co-defendants Dakota Sarfaty and Luis D. Marcano-Agosto were previously convicted for their roles in the gun store burglary. Sarfaty was sentenced to serve 175 months in prison, while Marcano-Agosto is awaiting sentencing.
The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Rochester Police Department, under the direction of Acting Chief Mark Simmons; the VA Office of Inspector General, Criminal Investigations Division, under the direction of Special Agent-in-Charge Christopher Algieri; and the Yates County Sheriff’s Office, under the direction of Sheriff Ron Spike.
18:704.M MILITARY MEDALS OR DECORATIONS
Outcome: Defendant was sentenced to serve 20 years in prison and was also ordered to pay $41,500 in restitution to August Chinappi, former owner of Chinappi’s Firearms & Supplies.