Albuquerque Felon Facing Federal Firearms Charge
Defendant Prosecuted under Federal “Worst of the Worst” Anti-Violence Initiative
ALBUQUERQUE – This morning a U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a criminal complaint charging Moses Hernandez, 35, of Albuquerque, N.M., with violating federal firearms laws by unlawfully possessing a firearm and ammunition. Hernandez was remanded into federal custody pending trial which has yet to be scheduled.
Hernandez was arrested on Jan. 26, 2017, on a criminal complaint charging him with being a felon in possession of a firearm in Bernalillo County, N.M. According to the complaint, Hernandez was arrested on Jan. 26, 2017, after Hernandez allegedly discharged a firearm in the direction of Albuquerque Police Department (APD) officers. According to the complaint, Moses was prohibited from possessing firearms or ammunition because of his previous felony convictions for aggravated assault with a deadly weapon and two convictions for possession of a controlled substance.
If convicted of the charge in the criminal complaint, Hernandez faces maximum penalty of ten years in federal prison. If the court determines that Hernandez is an armed career criminal, he would face an enhanced penalty of not less than 15 years of imprisonment. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the APD. Assistant U.S. Attorney Paul H. Spiers is prosecuting the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.