Two Oakland Men Charged With Firearms Trafficking
Moises De Jesus Gomez and Roy Montoya were charged in separate indictments in federal court in Oakland with firearms dealing without a license, announced United States Attorney Stephanie M. Hinds, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Patrick T. Gorman, and Homeland Security Investigations (HSI) Special Agent in Charge Tatum King. Montoya is also charged with illegal possession of a machinegun.
A federal grand jury returned an indictment against Gomez, 29, of Oakland, on June 16, 2022, for dealing firearms without a license in violation of 18 U.S.C. § 922(a)(1)(A). The illegal firearms dealing is alleged in the indictment to have occurred from July 2021 through April 2022. Gomez was arrested yesterday and made his initial appearance today in Oakland federal magistrate court to face the indictment. He is next scheduled to appear on July 6 at 2 p.m. before United States District Judge Haywood S. Gilliam, Jr.
The federal grand jury also returned a separate indictment on June 16 against Montoya, 26, of Oakland, for a violation of 18 U.S.C. § 922(a)(1)(A). That indictment charges Montoya with manufacturing and dealing firearms without a license, also during the time period of July 2021 through April 2022. Montoya is further charged in the indictment with possessing a machinegun, in violation of 18 U.S.C. § 922(o). The indictment describes the machinegun as a 5.56 NATO caliber AR-15 type rifle that bears no serial numbers. Montoya was arrested on April 26, 2022, on the charge of unlicensed firearms dealing and will next appear on the two charges in his indictment in front of United States District Judge Jon S. Tigar on August 26, 2022.
Gomez and Montoya each face, if convicted, a maximum sentence of five years imprisonment and a fine of $250,000 for unlicensed dealing in firearms in violation of 18 U.S.C. § 922(a)(1)(A). Montoya also faces, if convicted, a maximum sentence of 10 years imprisonment and a fine of $250,000 for possession of a machine gun in violation of 18 U.S.C. § 922(o). However, any sentence following conviction would be imposed by a court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Alexis James is the Assistant U.S. Attorney who is prosecuting the case, with the assistance of legal assistant Karina Ruiz. The prosecution is the result of an approximately year-long investigation by ATF, HSI, and the California Highway Patrol.
These cases follow the launch by the U.S. Department of Justice of five Cross-Jurisdictional Firearms Trafficking Strike Forces in key regions nationwide that are focused on disrupting illegal firearms trafficking. One of the five Strike Forces was launched here, in the San Francisco Greater Bay Area and Sacramento Region.
The Strike Force identifies sources of illegally trafficked firearms and disrupts straw purchasing and firearms trafficking schemes and networks by using collaborative cross-jurisdictional law enforcement efforts that include federal, state, and local law enforcement agencies working together.