Oakland Resident Pleads Guilty To Role In Interstate Gun Trafficking Scheme

OAKLAND – Edgar De La Cruz pleaded guilty this afternoon to committing several crimes related to his role in an interstate firearms trafficking conspiracy announced United States Attorney Brian J. Stretch and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Special Agent in Charge Jill Snyder.  De La Cruz also pleaded guilty to participating in an armed robbery and acknowledged possessing cocaine and marijuana for sale.  The plea was accepted by the Honorable Haywood S. Gilliam, Jr., U.S. District Judge.

According to the plea agreement, De La Cruz, 19, from Oakland, Cal., admitted that from at least March of 2015 until the date of his arrest in January of 2017, he was involved in a conspiracy to engage in the business of dealing in firearms without a license.  De La Cruz acknowledged that he agreed with two or more other people to purchase firearms in the Reno, Nevada, area for sale in Oakland.  Specifically, the defendant admitted that the Nevada-based coconspirators purchased firearms at his request and that he wired money to pay for the gun purchases.  De La Cruz then picked up the guns, brought them to Oakland, and resold them to others for a profit.  De La Cruz admitted the conspiracy was responsible for trafficking more than 60 firearms from Reno to Oakland.  

De La Cruz also pleaded guilty to armed robbery.  De La Cruz admitted that on November 21, 2015, he committed the armed robbery of an Oakland gas station.  De La Cruz and an accomplice were both carrying guns when they entered the gas station store and demanded cash from the cash registers at gunpoint.  After receiving cash, the defendant then ran out of the store with his accomplice.  In addition to the armed robbery, De La Cruz admitted that on October 20, 2016, he possessed three Glock firearms and possessed cocaine and marijuana for distribution.   The defendant also admitted to possessing cocaine for sale and, at times, trading guns for drugs.  In sum, De La Cruz acknowledged he possessed firearms for multiple purposes: to engage in illegal firearms trafficking, to commit robbery, and to protect himself and his drug stash when he engaged in narcotics dealing.  

On April 20, 2017, a federal grand jury indicted De La Cruz and seven alleged coconspirators with numerous crimes related to the conspiracy.  For his role, De La Cruz was charged with conspiracy to deal in firearms without a license, in violation of 18 U.S.C. § 371; conspiracy to commit interference with commerce by robbery, in violation of 18 U.S.C. § 1951(a); interference with commerce by robbery, in violation of 18 U.S.C. §§ 195l(a) and 2; carrying or brandishing a firearm in furtherance of a crime of violence, in violation of 8 U.S.C. §§ 924(c)(l)(A); two counts of possession with intent to distribute cocaine, in violation of 21 U.S.C. §§ 84l(a)(l) and (b)(l)(C); 54 counts of dealing in firearms without a license, in violation of 18 U.S.C. §§ 922(a)(l)(A) and 2; two counts of traveling interstate to promote illegal firearms trafficking; and possession with intent to distribute marijuana, in violation of 21 U.S.C. §§ 84l(a)(l) and (b)(l)(D).  Pursuant to today’s plea agreement, De La Cruz pleaded guilty to one count each of robbery affecting interstate commerce, carrying and brandishing a firearm during and in relation to a crime of violence, conspiracy to deal in firearms without a license, and traveling interstate to promote illegal firearms trafficking.  

Judge Gilliam has scheduled De La Cruz’s sentencing for November 13, 2017, at 2 p.m.    The maximum statutory penalty for robbery affecting interstate commerce is 20 years in prison, a $250,000 fine, and 3 years of supervised release.  The maximum statutory penalty for carrying and brandishing a firearm during and in relation to a crime of violence is life in prison (with a 7-year mandatory minimum, consecutive to sentence imposed on any other count), a $250,000 fine, and 5 years of supervised release.  The maximum statutory penalty for conspiracy to deal in firearms without a license is 5 years in prison, a $250,000 fine and 3 years of supervised release.  The maximum statutory penalty for traveling interstate to promote illegal firearms trafficking is 10 years in prison, a $250,000 fine, and 3 years of supervised release.  Additional fines, forfeitures, and special assessments also may be imposed.  However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.   

This prosecution is the result of an investigation by the ATF Crime Gun Intelligence Center.