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Date: 05-30-2020
Case Style:
Case Number: 2:18-cr-00356-APG-DJA
Judge: Andrew P. Gordon
Court: United States District Court for the District of Nevada (Clark County)
Plaintiff's Attorney: United States District Attorney's Office
Defendant's Attorney:
Description: Las Vegas, NV - The United States of America charged Albert Raul Franco with illegally acquiring firearms.
Albert Raul Franco was sentenced to three years in prison for illegally acquiring 11 firearms through a straw purchaser who made false statements on federal firearms transaction documents during the purchases.
�Far too often, guns bought by straw purchasers end up in the hands of violent offenders and are recovered at crime scenes,� said U.S. Attorney Trutanich. �Together with the ATF, we will hold accountable individuals who lie on federal forms to buy guns illegally. Today�s sentence demonstrates our commitment to reducing gun violence, enforcing federal firearms laws through the Project Guardian initiative, and pursuing �Lie and Buy� cases to make Nevada safer.�
Franco, 35, of Las Vegas, pleaded guilty in August 2019, to seven counts of illegal acquisition of a firearm. In addition to the prison term, Franco was sentenced to three years of supervised release.
According to court documents and admissions made in his plea agreement, on five separate occasions between July 28, 2017, and October 26, 2017, Franco directed co-defendant Tiffany Henderson to make false statements on the Firearms Transaction Record during the purchase of 11 handguns at different Federal Firearms Licensee businesses. On the Firearms Transaction Record, Henderson represented that she was the actual buyer of the firearms, when in fact these purchases were made on Franco�s behalf.
Franco, an admitted gang member and convicted felon, is prohibited from owning and possessing a firearm because of his prior convictions for multiple firearms and drug-related offenses and a conviction for assaulting a police officer. Franco�s pretrial release in this case was revoked after he failed to report an encounter with law enforcement during which he fled and was found to possess cocaine.
Co-defendant Henderson previously pleaded guilty to five counts of illegal acquisition of a firearm and aiding and abetting. She is scheduled to be sentenced on June 23, 2020.
The charges resulted from an investigation by the ATF. Assistant U.S. Attorney Simon Kung is prosecuting the case.
This case is part of Project Guardian, the Department of Justice�s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the U.S. Attorney General in the fall of 2019, Project Guardian draws upon the Department�s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the ATF when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.
18:922(a)(6) and 924(a)(2), and 18:2 - Illegal Acquisition of a Firearm, and Aiding and Abetting
(1-6)
18:922(a)(6) and 924(a)(2), and 18:2 - Illegal Acquisition of a Firearm, and Aiding and Abetting
(8)
Outcome: MINUTES OF PROCEEDINGS - Sentencing and Disposition as to Albert Raul Franco held on 5/27/2020 before Judge Andrew P. Gordon. Crtrm Administrator: M. Johansen; AUSA: Simon Kung and Tony Lopez; Def Counsel: Christopher Mishler; USPO: Michelle Cravotta; Court Reporter/Recorder: Heather Newman; Time of Hearing: 1:39 p.m. - 2:440 p.m.; Courtroom: 6C; Defendant is present in custody, and consents to proceed by video. Sentencing arguments are made. The defendant and Shanell Gillard addressed the Court. Sentence is imposed as to Counts 1-3, 6 and 8 of the Criminal Indictment. All remaining counts are dismissed. The Probation Office is directed to provide Mr. Mishler with a copy of the defendant's release conditions. Defendant is advised of his right to file an appeal. Defendant is remanded to custody.(no image attached) (Copies have been distributed pursuant to the NEF - MAJ) (Entered: 05/29/2020)
Plaintiff's Experts:
Defendant's Experts:
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