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Justice News

Department of Justice
U.S. Attorney’s Office
Southern District of Texas

Friday, July 12, 2013

Houston Man Convicted Of Lying And Buying Firearms

HOUSTON – Kenny Davalos, 24, of Houston, has entered a plea of guilty to conspiracy to make and making a false statement to a federal firearms licensee (FFL), United States Attorney Kenneth Magidson announced today. 

Davalos was arrested along with three others in May 2013. Charles Smith, 27, Ashley Phlegm, 26, and Dyneisha Jackson, 28, all of Houston, have all also pleaded guilty and are pending sentencing.

The investigation into the conspiracy was initiated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in November 2012. During the course of the investigation, ATF learned Davalos had originally contacted Smith about buying guns for him to send to Mexico, but Smith refused due to his status as a convicted felon. However, Smith put Davalos in contact with Jackson (Smith’s sister) and Phlegm (Smith’s fiancée), whom Davalos paid $200 each to purchase a total of seven firearms for him to send to Mexico.

In late October 2012, a GP WASR-10 7.62x39mm rifle was discovered during a raid on members of a drug trafficking organization in Monterrey, Nuevo Leon, Mexico. ATF agents traced the weapon to Jackson who purchased it on Sept. 28, 2012, from Collectors Firearms, an FFL in Houston. Jackson also admitted to purchasing a DPMS A-15 rifle from the same FFL in August 2012 and a Beretta Model: 92FS pistol in September 2012 from Carters Country in Houston. 

Phlegm and Smith admitted to purchasing a total of four guns for Davalos - a Bushmaster Carbon 15 rifle, two Romarm GP WASR-10/6 rifles and a FN Fabrique National pistol.  

Agents intercepted Jackson buying a Romarm Model WASR 10/63 semi-automatic rifle and delivering it to Davalos. Upon his arrest, agents found five rounds of .223 live ammunition, 20 rounds of 7.62x39 Tulammo live ammunition and one empty Glock box for a .40 caliber Glock Model 22 along with $1,340 in cash and a Mexican identification card.

Davalos will remain in custody pending sentencing, which has been set for Oct. 3, 2013, at 2:00 p.m.

Assistant U.S. Attorney Megan J. Paulson is prosecuting this case.

Updated April 30, 2015