Denver Man Sentenced To Federal Prison For Being A Felon In Possession Of A Firearm

DENVER – Albert Jesse Gallegos, Jr., of Denver, Colorado, was sentenced this week by U.S. District Court Judge Philip A. Brimmer to serve 78 months in federal prison for being a felon in possession of a firearm, United States Attorney John Walsh and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Luke Franey announced.  Following his prison sentence, Gallegos was ordered to spend 3 years on supervised release.  The defendant, who appeared at the sentencing hearing in custody, was remanded at the hearing’s conclusion.

Gallegos was indicted by a federal grand jury in Denver on October 4, 2012.  He pled guilty before Judge Brimmer on September 16, 2013.  Gallegos was sentenced on December 16, 2013.

According to court records, including the stipulated facts contained in the defendant’s plea agreement, on September 13, 2012, officers from the Denver Police Department, Lakewood Police Department, and the Rocky Mountain Safe Streets Task Force were conducting surveillance in southwest Denver in an attempt to locate and arrest the defendant, Albert Jesse Gallegos, Jr.  Defendant Gallegos was a known fugitive with an active arrest warrant out of Lakewood, Colorado.

Shortly before 4:00 pm, law enforcement officers saw Gallegos leave a Denver home.  Gallegos was carrying a black backpack.  Gallegos walked to a black Ford Expedition, opened the rear door and placed the backpack inside.  Officers moved in to arrest Gallegos.  Gallegos attempted to run, but was restrained by the officers.  Gallegos resisted arrest and fought with the officers, but was eventually handcuffed and arrested. 

Gallegos was searched incident to arrest.  Officers found a glass smoking pipe and three clear plastic baggies containing methamphetamine in Gallegos’s pockets.  Police impounded the vehicle and conducted an inventory search.  Officers found the backpack behind the driver’s seat.  Inside the backpack were two loaded semiautomatic handguns - a .40 caliber, Smith and Wesson pistol and a .9mm, FNP pistol - and ammunition.  The Smith and Wesson was loaded with a magazine containing 7 rounds of .40 caliber ammunition.  The FNP pistol was loaded with a magazine containing 13 rounds of .9mm ammunition.  There was also a box of .40 caliber ammunition inside the backpack. 

Gallegos was a felon and therefore a prohibited person.  Prior to his September 13, 2012 possession of the firearms and ammunition, Gallegos had received six felony convictions, three in Colorado and three in Arizona, for crimes punishable by more than one year imprisonment.  Following his arrest, Gallegos was convicted of two additional felonies in Colorado state court.

This case was investigated by the ATF, the Denver Police Department, and the Lakewood Police Department as part of Project Safe Neighborhoods.

Gallegos was prosecuted by Assistant U.S. Attorney Richard Hosley.

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