Department of Justice
U.S. Attorney's Office
Northern District of California
For Immediate Release
Tuesday, May 2, 2017
Brian J. Stretch
Federal Grand Jury in Oakland Charges Eight Defendants in Sixty-four Count Indictment Alleging Interstate Gun Trafficking Scheme
Indictment Includes Broad Range of Charges Including Conspiracy to Commit Robbery and Possession of Cocaine and Marijuana for Sale
Indictment Includes Broad Range of Charges Including Conspiracy to Commit Robbery and Possession of Cocaine and Marijuana for Sale
OAKLAND – A 64-count second superseding indictment was unsealed today charging eight defendants for their respective roles in an interstate firearms trafficking conspiracy announced United States Attorney Brian J. Stretch and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Special Agent in Charge Jill Snyder. Two of the defendants were also charged with conspiracy to commit robbery affecting interstate commerce, and the use of firearms in furtherance of a crime of violence. Additionally, one defendant was charged with drug trafficking crimes.
The defendants are Oakland residents Andre Martel Winn, 31, and Edgar De La Cruz, 19; Reno, Nev. residents Richard Straight, 27, Jenna Jeanne Allec, 26, Jonathan Salevao, 28, and Kaleka Mile Kam, 23; Elko, Nev. resident Kenneth Lee Kemp, 32; and Sparks, Nev. resident Daniel Taylor Taufi, 24. According to the indictment, all eight defendants conspired to engage in a scheme to purchase dozens of firearms in Nevada and have them transported to and sold in California. The indictment alleges that Allec, Kemp, Kam, and Taufi purchased the firearms from licensed Nevada salespersons and then negotiated with Salevao and Straight to sell the arms to Winn and De La Cruz. Further, according to the indictment, Winn and De La Cruz traveled from Oakland to Reno to retrieve the firearms. Winn and De La Cruz then transported the firearms to the San Francisco Bay Area where they were sold, mostly in exchange for cash or drugs. A number of the firearms trafficked during the conspiracy have been recovered in Oakland and elsewhere in the Bay Area by local police officers in the course of law enforcement operations. The indictment further alleges Winn and Straight were prohibited from possessing or receiving firearms in light of previous criminal convictions. Listed in the indictment is an array of transactions from March of 2015 through October of 2016 by which dozens of firearms allegedly were illegally purchased, transported, and sold in violation of federal firearms laws.
Moreover, in addition to the firearms charges, the indictment charges De La Cruz with possession with the intent to distribute cocaine and marijuana, and charges both De La Cruz and Winn with robbery affecting interstate commerce and conspiracy to commit robbery affecting interstate commerce, and brandishing firearms during the robbery. The indictment alleges that Winn and De La Cruz brandished firearms during an armed heist at a gas station on High Street in Oakland in 2015.
“The indictment unveiled today is the result of hard work and coordination by the Bureau of Alcohol, Tobacco, Firearms and Explosives and local law enforcement agencies across California and Nevada,” said U.S Attorney Stretch. “We appreciate the efforts of the many law enforcement officials whose selfless dedication has brought an end to this gun running scheme. The removal from our neighborhoods of illegal firearms will remain a priority of this office.”
“One of the missions of the Bureau of Alcohol, Tobacco, Firearms and Explosives or ATF is to protect our communities from the illegal use and trafficking of firearms,” said Special Agent in Charge Jill Snyder. “ATF's Crime Gun Intelligence Center or CGIC identifies firearms trafficking trends and patterns. As with this case, ATF is then able to utilize that information and take action to prevent firearms from going into the hands of prohibited and potentially dangerous people. ATF would like to thank the San Leandro Police Department, Oakland Police Department, Reno Police Department, Sparks Police and the U.S. Attorneys Office. It's through partnerships that law enforcement agencies across the board are able to continue to make our neighborhoods a safer place daily.”
In sum, the defendants have been charged with the following crimes and face the following maximum statutory sentences:
|
Defendant
|
Charge
|
Statute
|
Maximum Sentence
(Each Count)
|
|
Andre Martel Winn
|
Conspiracy to Commit Robbery (Interference with Commerce by Robbery
|
18 U.S.C. § 1951(a)
|
20 years in prison
$250,000 fine
3 years supervised release
|
|
Robbery (Interference with Commerce by Robbery), and Aiding and Abetting
|
18 U.S.C. §§ 195l(a) and 2
|
20 years in prison
$250,000 fine
3 years supervised release
|
|
|
Possessing/Brandishing a Firearm in Furtherance of a Crime of Violence, and Aiding and Abetting
|
18 U.S.C. §§ 924(c)(l)(A)
and 2
|
Life in prison
(7 years mandatory minimum, consecutive to sentence imposed on any other count
$250,000 fine
5 years supervised release
|
|
|
Felon in Possession of a Firearm
|
18 U.S.C. § 922(g)(l)
|
10 years in prison
$250,000 fine
3 years supervised release
|
|
|
Conspiracy to Deal in Firearms Without a License
|
18 U.S.C. § 371
|
5 years in prison
$250,000 fine
3 years supervised release
|
|
|
Dealing in Firearms Without a License
(54 counts)
|
18 U.S.C. §§ 922(a)(l)(A)
and 2
|
5 years in prison
$250,000 fine
3 years supervised release
|
|
|
Traveling Interstate to Promote Illegal Firearms Trafficking
(two counts)
|
8 U.S.C. §§ 924(n) and 2
|
10 years in prison
$250,000 fine
3 years supervised release
|
|
|
Edgar De La Cruz
|
Conspiracy to Commit Robbery (Interference with Commerce by Robbery
|
18 U.S.C. § 1951(a)
|
20 years in prison
$250,000 fine
3 years supervised release
|
|
Robbery (Interference with Commerce by Robbery), and Aiding and Abetting
|
18 U.S.C. §§ 195l(a) and 2
|
20 years in prison
$250,000 fine
3 years supervised release
|
|
|
Possessing/
Brandishing a Firearm in Furtherance of a Crime of Violence, and Aiding and Abetting
|
8 U.S.C. §§ 924(c)(l)(A)
and 2
|
Life in prison
(7 years mandatory minimum, consecutive to sentence imposed on any other count)
$250,000 fine
5 years supervised release
|
|
|
Possession with Intent to Distribute Cocaine
(two counts)
|
21 U.S.C. §§ 84l(a)(l) and (b)(l)(C)
|
20 years in prison
$1 million fine
Supervised release for life
|
|
|
Possession with Intent to Distribute Marijuana
|
21 U.S.C. §§ 84l(a)(l) and (b)(l)(D)
|
20 years in prison
$250,000 fine
Supervised release for life
|
|
|
Conspiracy to Deal in Firearms Without a License
|
18 U.S.C. § 371
|
5 years in prison
$250,000 fine
3 years supervised release
|
|
|
Dealing in Firearms Without a License
(54 counts)
|
18 U.S.C. §§ 922(a)(l)(A)
and 2
|
5 years in prison
$250,000 fine
3 years supervised release
|
|
|
Traveling Interstate to Promote Illegal Firearms Trafficking
(two counts)
|
8 U.S.C.
§§ 924(n) and 2
|
10 years in prison
$250,000 fine
3 years supervised release
|
|
|
Richard Straight
|
Conspiracy to Deal in Firearms Without a License
|
18 U.S.C. § 371
|
5 years in prison
$250,000 fine
3 years supervised release
|
|
Dealing in Firearms Without a License
(39 counts)
|
18 U.S.C.
§§ 922(a)(l)(A)
and 2
|
5 years in prison
$250,000 fine
3 years supervised release
|
|
|
Traveling Interstate to Promote Illegal Firearms Trafficking
|
8 U.S.C. §§ 924(n) and 2
|
10 years in prison
$250,000 fine
3 years supervised release
|
|
|
Jenna Leanne Allec
|
Conspiracy to Deal in Firearms Without a License
|
18 U.S.C. § 371
|
5 years in prison
$250,000 fine
3 years supervised release
|
|
Dealing in Firearms Without a License
(18 counts)
|
18 U.S.C.
§§ 922(a)(l)(A)
and 2
|
5 years in prison
$250,000 fine
3 years supervised release
|
|
|
Kenneth Lee Kemp
|
Conspiracy to Deal in Firearms Without a License
|
18 U.S.C. § 371
|
5 years in prison
$250,000 fine
3 years supervised release
|
|
Dealing in Firearms Without a License
(21 counts)
|
18 U.S.C.
§§ 922(a)(l)(A)
and 2
|
5 years in prison
$250,000 fine
3 years supervised release
|
|
|
Jonathan Salevao
|
Conspiracy to Deal in Firearms Without a License
|
18 U.S.C. § 371
|
5 years in prison
$250,000 fine
3 years supervised release
|
|
Dealing in Firearms Without a License
(15 counts)
|
18 U.S.C.
§§ 922(a)(l)(A)
and 2
|
5 years in prison
$250,000 fine
3 years supervised release
|
|
|
Traveling Interstate to Promote Illegal Firearms Trafficking
|
8 U.S.C.
§§ 924(n) and 2
|
10 years in prison
$250,000 fine
3 years supervised release
|
|
|
Kaleka Mile Kam
|
Conspiracy to Deal in Firearms Without a License
|
18 U.S.C. § 371
|
5 years in prison
$250,000 fine
3 years supervised release
|
|
Dealing in Firearms Without a License
(six counts)
|
18 U.S.C.
§§ 922(a)(l)(A)
and 2
|
5 years in prison
$250,000 fine
3 years supervised release
|
|
|
Daniel Taylor Taufi
|
Conspiracy to Deal in Firearms Without a License
|
18 U.S.C. § 371
|
5 years in prison
$250,000 fine
3 years supervised release
|
|
Dealing in Firearms Without a License
(nine counts)
|
18 U.S.C.
§§ 922(a)(l)(A)
and 2
|
5 years in prison
$250,000 fine
3 years supervised release
|
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. Additional fines, forfeitures, and special assessments also could be imposed. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Six of the eight defendants are currently in law enforcement custody in various jurisdictions, including in the custody of the United States Marshals Service. Winn, De La Cruz, Allec, and Kam are scheduled to appear May 8, 2017, 9:30 am before U.S. Magistrate Judge Vadas in Oakland for arraignment on the second superseding indictment. The remaining defendants are scheduled to appear tomorrow in Reno to be arraigned.
The prosecution is the result of an investigation by the ATF Crime Gun Intelligence Center, San Francisco Field Division (SFFD). The U.S. Attorney for the Northern District of California thanks the Reno Office of the U.S. Attorney’s Office for the District of Nevada for its assistance.
Further Information:
Case #: CR 16-00516 HSG
A copy of this press release will be placed on the U.S. Attorney's Office's website at www.usdoj.gov/usao/can.
Electronic court filings and further procedural and docket information are available at https://ecf.cand.uscourts.gov/cgi-bin/login.pl.
Judges' calendars with schedules for upcoming court hearings can be viewed on the court's website at www.cand.uscourts.gov.
All press inquiries to the U.S. Attorney's Office should be directed to Abraham Simmons at (415) 436-7264 or by e-mail at Abraham.Simmons@usdoj.gov.