Source: United States Bureau of Alcohol Tobacco Firearms and Explosives (ATF)
ALBUQUERQUE – A federal jury has convicted an Albuquerque man of being a felon in possession of a firearm, following a two-day trial that concluded after just over two hours of deliberation.
According to court documents and evidence presented at trial, on October 26, 2021, Albuquerque Police Department officers responded to a ShotSpotter alert and a 911 call reporting a man waving a firearm near an apartment complex. Upon arrival, officers located Anthony A. Hernandez, 31, who matched the description provided by the witness.
During the investigation, officers discovered a purple and black 9mm pistol hidden where Hernandez was seen, along with a spent shell casing in the area. Witness testimony further identified Hernandez as the man with the firearm, and it was confirmed that the recovered firearm had been reported stolen.
As a previously convicted felon, including a prior conviction for armed robbery, Hernandez was prohibited from possessing firearms or ammunition.
Following the verdict, the Court ordered that Hernandez remain in custody pending sentencing, which has not been scheduled. At sentencing, Hernandez faces up to 10 years in prison.
There is no parole in the federal system.
Hernandez is also under indictment for assault on a federal officer, inflicting bodily injury, in November 2022, while being held at the Cibola County Correctional Center on the firearms case. The trial for this charge is scheduled for later this year.
U.S. Attorney Alexander M.M. Uballez and Brendan Iber, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, made the announcement today.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case with the Albuquerque Police Department. Assistant United States Attorneys Maria Elena Stiteler and Kimberly Bell are prosecuting the case.
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