Bakersfield Man Sentenced to Six Months for Receipt of Grenades

FRESNO, Calif. — John Mendoza, 24, of Bakersfield, was sentenced today by United States District Judge Lawrence J. O’Neill to six months in prison for unlawful receipt of explosive material, United States Attorney Benjamin B. Wagner announced. Judge O’Neill ordered Mendoza to forfeit several firearms and a large amount of ammunition as part of the sentence.

According to court documents, on December 9, 2011, Mendoza called an undercover FBI agent (UCA) who was posing as a seller of weapons and explosives and left a voice mail. Mendoza told the UCA that he was looking to buy RPG’s (rocket propelled grenades), grenades, mines, and Stingers (anti–aircraft missiles). The UCA told Mendoza that grenades were about $200 each. Mendoza said that “even at $200 per grenade, I may only be able to buy one.” The UCA later said he might be able to get grenades for Mendoza for $150 each. Mendoza and the UCA then agreed on the price for grenades and a location to conduct the transaction.

On December 13, 2011, the UCA and Mendoza had a second conversation during which Mendoza asked if the UCA could do a demonstration of the grenades. The UCA told Mendoza that “these are the real deal, you need a safe place, they’re loud and could draw unwanted attention.”

On December 17, 2011, Mendoza met with the UCA in Mojave and purchased two grenades for $300. Mendoza placed them in his car. The UCA walked away, and Mendoza was arrested.

This case was the product of an investigation by the Federal Bureau of Investigation Joint Terrorism Task Force with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Duce Rice prosecuted the case.

Bakersfield Man Pleads Guilty to Receipt of Grenades

FRESNO, CA—United States Attorney Benjamin B. Wagner announced that John Mendoza, 24, of Bakersfield, pleaded guilty today to unlawful receipt of explosive material, and he agreed to forfeit several firearms and a large amount of ammunition.

According to court documents, on December 9, 2011, Mendoza, who did not have a license or permit to possess explosives, began negotiations to buy rocket-propelled grenades (RPGs), grenades, mines, and Stingers (anti-aircraft missiles) from an undercover FBI agent. The agent told Mendoza that grenades were about $200 each. Mendoza said, “Even at $200 per grenade, I may only be able to buy one.” The undercover agent later said he might be able to get grenades for Mendoza for $150 each. Mendoza and the agent then agreed on the price for grenades and a location to conduct the transaction.

On December 13, 2011, Mendoza asked if the undercover agent could do a demonstration of the grenades. The agent told Mendoza that “these are the real deal, you need a safe place; they’re loud and could draw unwanted attention.”

On December 17, 2011, Mendoza met with the undercover agent in Mojave and bought two grenades for $300. After Mendoza placed the grenades in his car, he was arrested. According to the FBI and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, $150-200 is the going rate for illegal grenades.

Mendoza is scheduled to be sentenced by United States District Judge Lawrence J. O’Neill on June 25, 2012. He faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

This case is the product of an investigation by the Federal Bureau of Investigation Joint Terrorism Task Force with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant United States Attorney Duce Rice is prosecuting the case.

Convicted Felon Found Guilty of Drug and Weapons Charges in Case involving a Machine Gun and Grenade Launcher

Orlando, Florida — U.S. Attorney Robert E. O’Neill announces that a federal jury today found Daniel Martinez (29, Orlando) guilty of possession with intent to distribute marijuana and manufacture of marijuana, possession of a firearm in furtherance of a drug trafficking offense, and possession of a firearm by a convicted felon. Martinez faces a mandatory minimum of 30 years up to life in federal prison. His sentencing hearing is scheduled for November 4, 2011. Martinez was indicted on February 2, 2011.

According to testimony and evidence presented at trial, Orlando Police officers executed a search warrant at Martinez’s house on September 29, 2010. Inside, officers found a marijuana growing operation with an estimated street value of over $90,000. Officers also found a loaded, fully automatic machine gun, a loaded handgun with extra loaded magazines, and a grenade launcher.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Orlando Police Department. It is being prosecuted by Assistant United States Attorney Vincent S. Chiu.

It is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” program – a nationwide, gun–violence reduction strategy led by the Bureau of ATF. United States Attorney Robert E. O’Neill, along with Virginia O’Brien, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida, in cooperation with federal, state, and local law enforcement officials.

Lincoln Man Indicted for Possession of Multiple Firearms, Including Machine Guns and Grenade

SACRAMENTO, Calif. — United States Attorney Benjamin B. Wagner announced today that a federal grand jury returned a three–count indictment charging Eric William Smith, 36, of Lincoln, with being a felon in possession of multiple firearms, three machine guns and a fragmentation grenade.

According to the indictment, on January 20, 2011, a number of firearms were seized from Smith’s possession, including a Para Ordinance .45–caliber handgun; a Springfield Armory, 7.62 mm rifle; a Colt AR–15, .223–caliber rifle; a Colt AR–15, 5.56 mm rifle; a Beretta 12–gauge shotgun; a Smith & Wesson, M&P15, .223–caliber rifle; a Colt, AR–15, .223–caliber rifle; two Poly Technologies, AKS–762, 7.62 mm rifles; a Cobray SWD M–11, 9 mm pistol; and an M67 fragmentation grenade. Three of the firearms were machine guns. The indictment alleges that Smith was previously convicted of felony grand theft in Sacramento County.

The case is the product of an investigation by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and the Roseville Police Department with assistance from the San Bernardino County Sheriff’s Department, the Lincoln Police and Fire Departments, the Rocklin Police Department, Placer County Sheriff–s Office, Sacramento Police Department, California Highway Patrol, and California Department of Corrections and Rehabilitation. Assistant United States Attorney William Wong is prosecuting the case.

U.S. Attorney Wagner said: “The possession of military–style firearms and explosives by convicted felons poses a threat to the safety of the public, and to the safety of law enforcement officers. Law enforcement officers confront criminals and criminal suspects every day. Officer safety is enhanced by prosecutions that take illegal firearms out of the hands of criminals, and we will continue to vigorously enforce federal firearms laws. Since the beginning of January 2011, this office has charged 32 defendants for felony firearms offenses in 31 cases.”

According to the U.S. Department of Justice, there has been a dramatic rise nationwide in the number of law enforcement officers killed in the line of duty over the last 15 months. Last year was one of the deadliest years for law enforcement in the last two decades. At the current rate, killings of law enforcement officers in 2011 may exceed last year’s tragic numbers – in the last three months, 28 law enforcement officers have been killed either by firearms or felonious assaults.

Earlier this week, Attorney General Eric Holder convened a meeting with over 30 representatives of federal, state and local law enforcement agencies to discuss what can be done to reduce the trend. Some of the ideas discussed in that meeting are now part of the Attorney General’s Law Enforcement Officer Safety Initiative, which was announced on Tuesday. An important part of the Law Enforcement Officer Safety Initiative is working with state and local law enforcement agencies to target violent and dangerous offenders for federal prosecution under federal firearms laws.

“By taking guns out of the hands of criminals, we keep our neighborhoods and communities safe. We also keep our law enforcement officers safe in a time when we have seen a rise in the number of officers killed in the line of duty,” stated Stephen C. Herkins Special Agent in Charge. “Too many law enforcement officers die senselessly each year while bravely confronting violent criminals and gangs.”

Roseville Police Chief Daniel Hahn said, “We’re proud to be part of a cooperative effort that resulted in removing this suspects and dangerous weapons from our community. We’re grateful to all the state and local law enforcement and fire agencies, and ATF for their work in this investigation.”

The maximum statutory penalty for each of the three counts charged in the indictment is 10 years in prison and a fine of $250,000. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory sentencing factors and the Federal Sentencing Guidelines, which take into account a number of variables.

The charges are only allegations and the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.