FOR IMMEDIATE RELEASE	CONTACT: Lauren Horwood
September 22, 2011	PHONE: (916) 554-2706
www.usdoj.gov/usao/cae	usacae.edcapress@usdoj.gov

FRESNO, Calif. — United States Attorney Benjamin B. Wagner announced that a federal grand jury returned an indictment today charging Joseph Avila, 31, of Fresno, with being a felon in possession of ammunition.

The investigation is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fresno Police Department as part of the Project SAFE Neighborhoods initiative, which brings together local, state and federal law enforcement agencies in an effort to reduce firearm and gang related violence. Assistant United States Attorney Kimberly A. Sanchez is prosecuting the case.

According to the indictment, on August 18, 2011, Avila was in possession of ammunition. He had been convicted of felonies in 2001, 2004, 2006, and 2010 in the Fresno County Superior Court for a narcotic offense, receiving stolen property, firearms offence and for making a threat with the intent to terrorize, respectively.

If convicted, Avila faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

The charges are only allegations and the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

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