Anthony J. Herrera, 27, of Las Cruces, N.M., was sentenced this morning in federal court to 120 months in federal prison followed by three years of supervised release for violating the federal firearms laws.
Herrera was arrested on April 8, 2015, on an indictment charging him with being a felon in possession of a firearm on Aug. 6, 2014, in Doña Ana County, N.M. At the time, Herrera was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses, including five which are related to violent crimes and/or the possession of a firearm.
Herrera pled guilty to the indictment on Aug. 26, 2015, without the benefit of a plea agreement. Herrera remains in federal custody pending his sentencing hearing.
State court records reveal that Herrera allegedly used the firearm he was convicted of possessing in this federal case during the commission of an attempted murder. Herrera is facing an attempted murder charge and other related state criminal charges which are being prosecuted by the 3rd Judicial District Attorney’s Office. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Las Cruces Police Department with assistance from the 3rd Judicial District Attorney’s Office.
Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office prosecuted this case as part of the federal “worst of the worst” anti-violence initiative. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior felony convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Doña County, under this initiative.