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Department of Justice

U.S. Attorney's Office
District of South Dakota
Alison J. Ramsdell, United States Attorney
For Immediate Release
Friday, February 3, 2023

Box Elder Man Sentenced for Illegal Possession of a Firearm

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. Circuit Judge Jonathan A. Kobes, sitting in federal district court in Rapid City, has sentenced a Box Elder, South Dakota, man convicted of Possession of an Unregistered Firearm. The sentencing took place on February 1, 2023.

Toby Acevedo, 52, was sentenced to 22 months in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Acevedo was indicted for Possession of a Firearm by a Prohibited Person and Possession of an Unregistered Firearm by a federal grand jury in March 2021. He pleaded guilty on October 14, 2022.

In July 2020, in Rapid City, Acevedo knowingly possessed an illegal shortened rifle, namely a Mossberg International, model 702 Plinkster, .22 Long Rifle caliber, semi-automatic rifle, having a barrel less than 16 inches in length, which was not registered to him in the National Firearms Registration and Transfer Record as required.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.

Acevedo was immediately remanded to the custody of the U.S. Marshals Service.

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