Michael Scott Ponce Pleads Guilty to Being an Armed Career Criminal

ALBUQUERQUE – Michael Scott Ponce, 38, of Albuquerque, N.M., pled guilty today in federal court to being an armed career criminal.  Under the terms of his plea agreement, Ponce will be sentenced to 15 years in prison followed by a term of supervised release to be determined by the court.  Ponce’s sentence was enhanced to a minimum of 15 years in prison, as opposed to a maximum ten years, based on his status as an armed career criminal.

The federal charge against Ponce was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD), and Bernalillo County Sheriff Manuel Gonzales, III.

U.S. Attorney Damon P. Martinez said that Ponce was prosecuted 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.  Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.

“Violent, repeat offenders, such as Mr. Ponce, should be removed from Bernalillo County streets and held accountable for their actions.  As part of the Worst of the Worst Initiative, Mr. Ponce's prosecution is an example of the successful collaboration amongst partnering agencies, and the resulting disposal of criminal cases in our community,” said 2nd Judicial District Attorney Kari E. Brandenburg.

Ponce was arrested on July 13, 2015, on a criminal complaint alleging that Ponce unlawfully possessed a firearm and ammunition on June 27, 2015, in Bernalillo County, N.M.  According to the criminal complaint, on June 27, 2015, APD officers who responded to reports of a shooting in downtown Albuquerque observed a vehicle driven by Ponce as it struck another vehicle as Ponce attempted to flee from the area.  APD officers pursued Ponce into a residential neighborhood where they took him into custody.   As they were arresting Ponce, the officers observed a firearm cartridge in Ponce’s vehicle.  Before they arrested Ponce, the APD officers also observed Ponce throw an item from his vehicle, and later found a semiautomatic pistol in the area where they had observed Ponce throw the object.

Ponce was subsequently indicted on July 30, 2015, and charged with being a felon in possession of a firearm and ammunition.  According to court records, on June 27, 2015, Ponce was prohibited from possessing firearms or ammunition because he previously had been convicted of two counts of aggravated assaults with a deadly weapon, aggravated battery with a deadly weapon causing great bodily harm, and trafficking a controlled substance in the Second Judicial Court for the State of New Mexico in Bernalillo County.  Ponce also had a prior federal conviction on a cocaine trafficking charge.  At the time of his arrest on June 27, 2015, Ponce was on supervised release after having served a sentence of incarceration on the federal conviction.

During today’s proceedings, Ponce pled guilty to the indictment and admitted that on June 27, 2015, he possessed a semi-automatic pistol even though he was prohibited from possessing firearms and ammunition due to his prior felony convictions.  Ponce remains in federal custody pending his sentencing hearing which has yet to be scheduled.

This case was investigated by the ATF office in Albuquerque and APD with assistance from the Bernalillo County Sheriff’s Office and the Second Judicial District Attorney’s Office.  Assistant U.S. Attorney Paul Mysliwiec is prosecuting the case.