United States Attorney Benjamin B. Wagner
Eastern District of California
Project Safe Neighborhoods NEWS Taking Felons with Firearms off the Streets
|FOR IMMEDIATE RELEASE||
Thursday, December 20, 2012
The Project Safe Neighborhoods (PSN) initiative brings together federal, state and local law enforcement to combat gun and gang crime. At the core of PSN is increased federal prosecution to incapacitate chronic violent offenders as well as to communicate a credible deterrent threat to potential gun offenders. United States Attorney Benjamin B. Wagner announces the following actions in federal PSN cases.
These cases are the product of investigations by federal, state, and local law enforcement agencies, including the Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Drug Enforcement Administration, the Fresno Police Department, the Madera Narcotic Enforcement Task Force, the Madera Sheriff’s Office, and the Stanislaus Drug Enforcement Agency.
Fresno Men Sentenced
On Monday, December 17, 2012, U.S. District Judge Anthony W. Ishii sentenced two Fresno men. Cory McDonald, 28, was sentenced to three years and 10 months in prison for being a felon in possession of a firearm. According to court documents, on March 28, 2012, McDonald possessed a Sig Sauer P220 semi-automatic pistol and a Smith and Wesson SW40V semi-automatic pistol at his residence. McDonald has a prior felony conviction for robbery.
1:12-CR-99 AWI HSI
Miguel Hueso, 25, was sentenced to two years in prison for being an illegal alien in possession of a firearm and marijuana cultivation. According to court documents, on May 6, 2012, Hueso was growing marijuana in Madera County. He had a Ruger model P-95, 9 mm semi-automatic pistol that he used to return fire directed at two suspects who were getting into his marijuana garden. Hueso was born in Mexico and is not a citizen of the United States.
1:12-CR-149 AWI Assistant United States Attorney Kimberly A. Sanchez prosecuted both of these the cases.
Modesto Man Indicted
On Thursday, December 13, 2012, a federal grand jury returned a two-count indictment charging Rogelio Rosales-Torres, 21, of Modesto, with being an illegal alien in possession of firearms and cultivating marijuana. According to court records, Rosales-Torres was growing marijuana plants for profit and possessed the three firearms for protection. One of the firearms, a Norinco SKS semi-automatic rifle had two detachable high-capacity magazines that were loaded with a total of 78 live rounds. Twelve marijuana plants that were three to six feet tall were confiscated along with processed marijuana. Assistant United States Attorney Laurel J. Montoya is prosecuting the case.
Unless otherwise noted, the maximum statutory penalty for being a felon in possession of a firearm is 10 years in prison and a $250,000 fine. The actual sentences, 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 against Rosales-Torres are only allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.