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Department of Justice

U.S. Attorney's Office
District of Nebraska
Susan T. Lehr, United States Attorney
For Immediate Release
Wednesday, November 29, 2023

Omaha Man Sentenced for Illegal Possession of a Machine Gun

OMAHA, Neb. — Acting U.S. Attorney Susan Lehr announced that Mar D. Maluoth, 25, of Omaha, was sentenced Nov. 29 in federal court for the illegal possession of a machine gun. U.S. District Court Judge Brian C. Buescher sentenced Maluoth to 70 months’ imprisonment. There is no parole in the federal system. After Maluoth’s release from prison, he will begin a three-year term of supervised release. Maluoth was found guilty by a jury on July 20, after a three-day trial.

On Sept. 23, 2022, Omaha police were conducting surveillance in the area of 30th and Manderson Street in Omaha, watching a house in search of a wanted escapee. Officers surveilling the house observed an unknown male walk from the back of the residence into the alleyway carrying what the officers believed to be a rifle. The male entered a black Kia Optima that was observed leaving the area from the alleyway.

Officers left the surveillance location and began following the black Kia Optima (‘Kia’) as it traveled westbound near 45th and Lake Streets. Officers conducted a traffic stop when the Kia failed to stop at a stop sign. Maluoth, who was the front seat passenger, began leaning forward in his seat as if concealing something when officers first approached the vehicle. Officers later observed what appeared to be marijuana ‘shake’ in the car and an open container of alcohol.

Due to Maluoth’s furtive behavior and continuous failure to follow officer commands, he was ordered out of the car. Once removed from the vehicle, Maluoth was detained in handcuffs and frisked for weapons. Officers then searched under Maluoth’s seat and found a Glock 23, .40 caliber handgun with a ‘Glock switch,’ allowing the firearm to function as a machinegun. When taken into evidence, the gun was found to have a round in its chamber and a partially loaded, extended high-capacity magazine.

Omaha police tested the firearms functionality in a controlled setting at the forensics unit and determined the firearm operated as a machinegun.

This case was investigated by the Omaha Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives.


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