Defendant admitted making Facebook posting with gun, storing
it in air conditioning vent above bedroom
SAN JOSE – Marcos Barajas was sentenced today to 24 months
in prison for being a felon in possession of a firearm, announced U.S. Attorney
David L. Anderson and Federal Bureau of Investigation Special Agent in Charge
John Bennett. The sentence was handed
down by the Honorable Lucy H. Koh, U.S. District Judge.
Barajas, 34, of San Jose, pleaded guilty to the charge on
October 10, 2019. According to the plea
agreement, Barajas posted a picture on Facebook of him holding the gun. At a later point, he wrapped the gun in a
bandana and stored it in an air conditioning vent above a bedroom in his
residence in San Jose, where it was subsequently discovered by law
enforcement. Following his arrest,
Barajas admitted to knowingly possessing the gun.
According to a complaint filed in the case, Barajas was a
self-identified and documented SureƱo street gang member and member of the
“East Side Clanton” or “ESC” branch of the gang in San Jose.
On October 4, 2019, Barajas was charged by information with
one count of being a felon in possession of a firearm and ammunition, in
violation of 18 U.S.C. § 922(g)(1).
Barajas pleaded guilty to the charge.
Barajas has been in custody since May 23, 2019.
In addition to the prison term, Judge Koh ordered Barajas to
serve a three-year period of supervised release and to pay a $100 special
assessment.
Assistant United States Attorney Jeff Nedrow is prosecuting
the case with the assistance of Susan Kreider.
The prosecution is the result of an investigation conducted by the FBI
and the San Jose Police Department.
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