Two Cape Men Indicted for Illegally Possessing a Firearm
For Immediate Release
U.S. Attorney's Office, District of Massachusetts
BOSTON – Two Hyannis men have been indicted for being felons in possession of a firearm.
Donnell Pina, 50, and Ryan Diefenbach, 31, were indicted on one count each of being a felon in possession of a firearm. The defendants were detained following an initial appearance in federal court in Boston on Nov. 17, 2022 before U.S. District Court Magistrate Judge Jennifer C. Boal. Diefenbach was remanded to federal custody following a detention hearing this afternoon.
According to the indictment, in September 2021, Pina and Diefenbach possessed a Chinese SKS .762 caliber rifle. Due to multiple previous felony convictions for heroin trafficking in 2007, 2013 and 2014, Pina is considered an armed career criminal prohibited from possessing firearms. Diefenbach is also prohibited from possessing firearms due to previous felony convictions.
The charge of being a felon in possession provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of up to $250,000. Due to Pina’s status as an armed career criminal, he faces a mandatory minimum of 15 years and up to life in prison. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins and James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division made the announcement today. Assistant United States Attorney Evan Gotlob of Rollins’ Major Crimes Unit is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The details contained in the indictment are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Updated November 22, 2022