James D. Tierney
Contact: Elizabeth M. Martinez
www.justice.gov/usao-nm
Federal Grand Jury Charges Miranda Gilbert with Violating Federal Firearms Laws and Assaulting a Federal Officer
ALBUQUERQUE – A federal grand jury has filed an indictment charging Miranda Gilbert, 30, of Albuquerque, N.M., with violating the federal firearms laws by unlawfully possessing firearms and ammunition and with assaulting a federal officer.
Acting U.S. Attorney James D. Tierney said that Gilbert, whose criminal history includes at least ten prior felony convictions, will be prosecuted under 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 and repeat offenders, primarily based on their prior felony convictions, for federal prosecution with the goal of removing them from communities in New Mexico for as long as possible.
Gilbert is charged in a three-count indictment that was filed under seal on Nov. 1, 2017 and was unsealed earlier today. The indictment charges Gilbert with unlawfully possessing a firearm and ammunition in Bernalillo County, N.M., on Aug. 20, 2017, and again in Guadalupe County, N.M., on Aug. 21, 2017. According to the indictment, Gilbert was prohibited from possessing firearms or ammunition because she has been convicted of at least ten felony offenses. The indictment also alleges that Gilbert assaulted a federal officer in Guadalupe County on Aug. 21, 2017.
Gilbert faces a maximum statutory penalty of ten years of imprisonment on each of the two felon in possession of firearms charges. However, if the court determines that Gilbert is an armed career criminal, she faces an enhanced sentence of a mandatory minimum 15 years to a maximum of life imprisonment on the firearms charges. Gilbert also faces a statutory maximum penalty of 20 years of imprisonment on the assault on a federal officer charge. Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
Gilbert is currently in state custody in connection with violation of probation proceedings and will be transferred to federal custody to face the charges in the indictment.
The Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case with assistance from the U.S. Marshals Service, the Bernalillo County Sheriff's Office and the Albuquerque Police Department. Assistant U.S. Attorney Niki Tapia-Brito is prosecuting the case.
Phoenix Field Division