Worcester Man Previously Charged with Possessing Machinegun Indicted on Additional Drug-Related Charges

BOSTON – A Worcester man who was previously charged with unlawfully possessing a machinegun has been indicted by a federal grand jury in Worcester on drug charges.

Jose Rivera, 24, was charged in a superseding indictment with possession of a machinegun, receipt of a firearm by a person under indictment for a felony, possession with intent to distribute cocaine and possession of a firearm in furtherance of a drug trafficking crime. Rivera will appear in federal court in Worcester at a later date. 

According to the charging documents, during a search of Rivera’s residence on March 7, 2023, three Glock switches – including one attached to a Glock .40 caliber firearm were recovered. Glock switches convert semi-automatic Glock pistols into fully automatic machineguns and are considered machineguns under federal law. It is alleged that Rivera also possessed cocaine intended for distribution. It is further alleged that Rivera received the Glock .40 caliber firearm at some point on or after Oct. 9, 2021, while he was under indictment in state court for a felony punishable by a term of imprisonment of over a year.      

The charge of unlawful possession of a machinegun 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. The charge of receipt of a firearm while under indictment provides for a sentence of up to five years in prison, up to three years of supervised release and a fine of up to $250,000. The charge of possession with intent to distribute cocaine provides for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $1 million. The charge of possession of a firearm in furtherance of a drug trafficking crime provides for a mandatory minimum sentence of five years, to be run consecutively with the sentence imposed on the other counts, up to three years of supervised release and a fine of up to $250,000. 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.

Acting United States Attorney Joshua S. Levy; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Worcester Police Chief Steven M. Sargent made the announcement today. Assistant U.S. Attorney Kaitlin Brown of Levy’s Worcester Branch Office is prosecuting the case.

This case is also a 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 charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.