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Bureau of Alcohol, Tobacco, Firearms and Explosives

Southern District of Texas

For Immediate Release

August 31, 2012

Kenneth Magidson, United States Attorney

Contact: Angela Dodge (713) 567-9388

21-Year-Old Houston Woman Sentenced for Straw Purchasing Firearms

McALLEN, Texas – Nayely Ruby Herrera, 21, of Houston, has been handed a 36-month-term of federal imprisonment for making a false statement concerning the purchase of firearms on ATF Form 4473, commonly referred to as straw purchasing, United States Attorney Kenneth Magidson announced today. Herrera was convicted by a jury following two hours of trial and approximately 30 minutes of deliberation on June 7, 2012.

Today, U.S. District Judge Micaela Alvarez sentenced Herrera to a total of three years in federal prison to be followed a three-year-term of supervised release. In handing down the sentence, Judge Alvarez noted that the defendant could not be blind to the violence in Mexico and the danger that the firearms represent.

During trial, the government presented evidence that Herrera had purchased three AK-47 type firearms on Feb. 23, 2011, four AK-47 type firearms on April 14, 2011, four AK-47 type firearms on April 15, 2011, and another four AK-47 type firearms on April 23, 2011. According to the information presented in court, all of the firearms were purchased from Erick Ford Kruger, a federally licensed firearms dealer and former owner of The Armory in McAllen.

The case began when the four rifles were discovered being taken into Mexico by another person. Testimony demonstrated that Herrera was subsequently interviewed and admitted that over a period two months she had made false statements during the purchase of all of the firearms. In total, she purchased 15 AK-47 type rifles from The Armory. She also admitted in a handwritten statement that she had purchased the firearms for other individuals, that they provided her with money to purchase the firearms and that she was personally compensated to do so.

Previously released on bond, Herrera was taken into custody after the jury returned its verdicts where she will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

The investigation was conducted by the ATF. The case is being prosecuted by Assistant United States Attorney Steven T. Schammel.