PHOENIX - A federal grand jury in Phoenix returned a one-count indictment today against Ramon Arturo Amaya-Salazar, 38, a Mexican national, for violation of being an Alien Unlawfully in Possession of a Firearm.
The indictment alleges that on June 2, 2011, Amaya-Salazar, while present in the United States under a nonimmigrant visa, had possession of a .50 caliber Bushmaster rifle. According to court records, Amaya-Salazar was arrested after he allegedly supplied money to straw purchasers to obtain the rifle from a Phoenix-area federally licensed firearms dealer.
A conviction for one count of Alien Unlawfully in Possession carries a maximum penalty of 10 years in prison, a $250,000 fine, or both. In determining an actual sentence, the assigned United States District Court Judge will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.
An indictment is simply the method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The investigation preceding the indictment was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution is being handled by Robert K. Lu, Assistant U.S. Attorney, District of Arizona.