Source: Office of United States Attorneys
SAN ANTONIO – A San Antonio man was sentenced to 70 months in federal prison for his role in a gun theft and trafficking conspiracy.
According to court documents, between January and October 2023, Alcapone Maximus Pena, 23, was involved in the theft of firearms and vehicles in and around the San Antonio area as well as the sale of those stolen firearms. Pena, codefendant Nathan Tyler Padilla, 27, and others repeatedly broke into vehicles which they identified as likely to have firearms and that they believed they would be able to illegally sell.
A search of Pena’s home on Oct. 25, 2023 resulted in the seizure of 14 firearms. An additional 17 firearms were located in a separate search warrant and determined to be trafficked by Pena. During the course of the conspiracy, Pena was responsible for the knowing and illegal trafficking of 25-99 firearms. The investigation also revealed information that showed Padilla’s cell phone had been present during the theft of several seized firearms. For his work in the firearm thefts, Padilla would receive a share of the proceeds that came from the firearms’ eventual sale to third parties.
Both Pena and Padilla were named in a seven-count indictment filed Nov. 15, 2023. Pena was charged with one count of conspiracy to traffic firearms, one count of possession of a machine gun, and one count of possession of stolen firearms. Padilla, who had been previously convicted on Aug. 16, 2023 for the offense of evading arrest/detention with a vehicle, was charged in the indictment with one count of conspiracy to traffic firearms and one count of possession of ammunition by a felon.
The two codefendants pleaded guilty Jan. 7, 2025. Padilla was sentenced on April 1 to 90 months in federal prison.
“This case highlights the importance of holding individuals trafficking in firearms accountable for their actions. Each year, thousands of guns are stolen from vehicles in the San Antonio area, and then many of these are used to commit crimes, including violent crimes,” said Acting U.S. Attorney Margaret Leachman for the Western District of Texas. “We, along with our federal, state and local law enforcement partners, remain fully committed to investigating and prosecuting these firearm thefts as part of our commitment to public safety.”
“This case is a great example of our unwavering commitment to protecting our community,” said Special Agent in Charge Michael Weddel for the Bureau of Alcohol, Tobacco, Firearms and Explosives Houston Division. “By bringing individuals involved in gun theft and trafficking to justice, we are not only holding criminals accountable but also taking meaningful steps to reduce the kind of violent crime that threatens our neighborhoods. Our community is safer today because of the tireless efforts of our agency and our law enforcement partners.”
The ATF investigated the case.
Assistant U.S. Attorney Zack Parsons prosecuted the case.
This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces (OCDETFs) and Project Safe Neighborhood (PSN).
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