Miranda Gilbert Sentenced to 188 Month for Being an Armed Career Criminal and Assaulting a Federal Officer

ALBUQUERQUE – Miranda Gilbert, 31, a resident of Albuquerque, N.M., was sentenced this morning by Senior U.S. District Judge James A. Parker to 188 months (15.6 years) of imprisonment for being an armed career criminal in possession of a firearm and ammunition and for assaulting a federal officer.  To violate the Armed Career Criminal Act, a defendant must have at least three prior convictions for a violent felony or serious drug offense, or both.  Armed career criminals are subject to an enhanced penalty of not less than 15 years of imprisonment if convicted of possessing firearms or ammunition instead of the otherwise applicable penalty of a maximum ten years of imprisonment.  Gilbert will be on supervised release for three years after completing her prison sentence.

U.S. Attorney John C. Anderson, Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Michael Geier of the Albuquerque Police Department (APD) announced Gilbert’s sentence.  The law enforcement officials said that Gilbert, whose criminal history includes ten prior felony state court convictions for which Gilbert has served approximately four years and six months of incarceration, was prosecuted as part of a federal anti-violence initiative that targets violent, repeat 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 for federal prosecution violent or repeat offenders with the goal of making communities in New Mexico safer places for people to live and work.

In announcing the sentence, U.S. Attorney John C. Anderson commended ATF and APD for their commitment to protecting the residents of Albuquerque from violent, repeat offenders like Miranda Gilbert.  The U.S. Attorney said, “My Office will continue to work with its federal, state, local and tribal partners to identify the criminals responsible for significant violent crime in our communities, and will use the substantial tools available to us, like the Armed Career Criminal Act, in the federal judicial system to hold them accountable.”

“ATF is committed to aggressively investigate and pursue armed career criminals such as Miranda Gilbert that prey upon our community,” said ATF Special Agent in Charge John J. Durastanti.  “Gilbert will have plenty of time to reflect on her crimes while serving her lengthy sentence in federal prison.”

“It is imperative that we use the full weight of the law to prosecute dangerous, career criminals who are willing to violate federal firearm laws and assault law enforcement officers,” APD Chief Michael Geier said. “Offenders who have no regard for law enforcement are more of a threat to civilians and a risk to public safety.”

Gilbert was charged in Oct. 2017, in a criminal complaint with being a felon in possession of a firearm and ammunition on Aug. 20, 2017.  According to the criminal complaint, APD officers responded to a call reporting shots fired at a residence in northeast Albuquerque.  APD officers learned that when the homeowners arrived at their home, they observed Gilbert parked in a vehicle in their driveway and attempted to block her in the driveway.  Gilbert responded by pulling a handgun out of her purse, threatening the homeowners, and firing shots close to where one of the homeowners was standing before leaving the area.  Gilbert was arrested the next day after attempting to flee from police, and ultimately causing an accident with a federal law enforcement officer.

Gilbert was indicted on Nov. 1, 2017.  The three-count indictment charged Gilbert with being a felon in possession of a firearm and ammunition in in Bernalillo County, N.M., on Aug. 20, 2017, and in Guadalupe County, N.M., on Aug. 21, 2017, and with assaulting a federal officer in Guadalupe County on Aug. 21, 2017.  According to the indictment, Gilbert was prohibited from possessing firearms or ammunition because she has been convicted of at least ten felony offenses.

On May 16, 2018, Gilbert pled guilty to the indictment without the benefit of a plea agreement.  During Gilbert’s change of plea hearing, the United States proffered a summary of the evidence that it would have introduced had the case proceeded to trial.  That evidence would have included the firearm, a 9 mm caliber pistol, Gilbert possessed, brandished, and discharged in Bernalillo County on Aug. 20, 2017, and also possessed in Guadalupe County on Aug. 21, 2017.  The evidence also would have established that on Aug. 21, 2017, in Guadalupe County, Gilbert forcibly assaulted a Supervisory Deputy U.S. Marshal, whom she knew to be engaged in the performance of his official duty based upon her own post-arrest statements made to law enforcement authorities.  As Gilbert fled from law enforcement authorities in an attempt to avoid apprehension, Gilbert used a vehicle as a dangerous weapon and in an effort to strike the Supervisory Deputy U.S. Marshal, who was inside his vehicle and was required to take evasive action to avoid being struck by Gilbert’s vehicle.

The United States’ proffer of evidence also included Gilbert’s ten prior felony convictions:

• residential burglary;
• conspiracy to commit residential burglary;
• trafficking controlled substances (possession with intent to distribute) (heroin);
• receiving or transferring a stolen motor vehicle (possession);
• conspiracy to commit receiving or transferring a stolen motor vehicle (possession);
• receiving or transferring stolen property (over $500 but not more than $2,500);
• escape from a community custody release program;
• possession of a controlled substance (methamphetamine);
• conspiracy to commit possession of a controlled substance (methamphetamine); and
• felon in possession of a firearm.

The Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the APD investigated the case with assistance from the U.S. Marshals Service, New Mexico State Police, and the New Mexico Adult Probation and Parole Division of the New Mexico Corrections Department.  Assistant U.S. Attorneys Niki Tapia-Brito and Jack E. Burkhead prosecuted the case.