September 16, 2021 - FRESNO, Calif. — A federal grand jury returned a one-count indictment today against Ramiro Cervantes, 24, of Modesto, charging him with being a felon in possession of a firearm, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, on May 29, 2021, police officers attempted to stop a vehicle that Cervantes was riding in as a passenger. Cervantes, who was on parole, attempted to flee the scene and struggled with police. A loaded semi-automatic Colt M4, .22‑caliber rifle was located in the passenger compartment where Cervantes had been seated. Cervantes has prior felony convictions and cannot lawfully possess firearms.

This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Modesto Police Department, and the Stanislaus County District Attorney’s Office. Assistant U.S. Attorney Katherine E. Schuh is prosecuting the case.

If convicted, Cervantes faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would 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. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Source: DOJ Release