U.S. Department of Justice
United States Attorney
District of Colorado
District of Colorado
For Immediate Release
March 14, 2014
John F. Walsh, United States Attorney
Contact: Jeffrey Dorschner
Denver Man Sentenced to 20 Years in Federal Prison for Being a Felon in Possession of Ten Rounds of Ammunition
DENVER – Gregory Lozado, age 34, of Denver, Colorado, was sentenced earlier this week by U.S. District Court Judge Philip A. Brimmer to serve 235 months (just under 20 years) for being a felon in possession of 10 rounds of ammunition, U.S. Attorney John Walsh and Denver Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Luke Franey announced. When pronouncing the sentence Judge Brimmer ruled that Lozado was an Armed Career Criminal based on his having three prior felony convictions for crimes of violence. After serving his sentence, Lozado was ordered to serve 5 years on supervised release. The defendant appeared at the sentencing hearing in custody, and was remanded at its conclusion.
Lozado was indicted by a federal grand jury on April 22, 2013. He went to trial, which started on November 18, 2013 and concluded on November 20, 2013 with the jury returning a verdict of guilty to the sole count of the indictment, which charged him with being a felon in possession of ammunition. He was sentenced on March 12, 2014.
According to the Government’s Sentencing Statement, which was filed on December 12, 2013; on March 21, 2013, at approximately 3:30 p.m., two uniformed Denver Police Officers, patrolling in a marked unit, observed a Chevrolet Impala with a badly cracked windshield and an expired temporary Texas license tag. The officers initiated a traffic stop of the Impala. The driver that vehicle pulled over, and then immediately jumped from the vehicle and fled on foot. Denver officers pursued the individual both on foot and by patrol car. As they were chasing the individual, who was later identified as Gregory Lozado, they noticed he was running holding a black handgun. At one point, when officers thought they had him cornered, they ordered he drop the gun. Lozado did not comply with the order. Instantly after a door near Lozado opened, and he continued fleeing on foot. Officers set up a perimeter around the building. They eventually convinced Lozado to surrender.
An inventory search of the Chevrolet Impala being driven by Lozado turned up a number of items, including a black zipper bag with ten rounds of live 9mm Winchester ammunition. Officers also recovered a spent (fired) .38 caliber shell casing. The gun officers saw in Lozado’s hand was never recovered.
Lozado had multiple prior convictions, which for sentencing purposes qualified him for being an Armed Career Criminal. The prior convictions include: robbery conviction in Adams County; theft from a person conviction in Denver; second degree burglary of a building conviction in Denver; and a conviction for felony menacing in Denver. In addition, Lozado was on parole for the felony menacing conviction.
“The old saying ‘Where’s there’s smoke, there’s fire was never truer than in this case,” said U.S. Attorney John Walsh. “Defendant’s possession of multiple bullets and a spent cartridge, combined with his three prior violent felony convictions, demonstrates that he was a danger to the public and fully warranted this severe penalty.”
“The collaboration between the Denver Police Department and our federal law enforcement partners goes a long way to keeping our community safe,” said Denver Police Chief Robert C. White. “This arrest and conviction is a good example of that collaboration.”
“ATF makes it a priority to identify repeat offenders who continue to victimize our communities through the illegal use of crime guns,” said Denver ATF Special Agent in Charge, Luke Franey. “This sentence sends a clear message that career criminals who continue to disregard the law will be held accountable.”
This case was investigated by the Denver Police Department and the ATF.
Lozado was prosecuted by Assistant U.S. Attorneys David Conner and Anna Edgar.