A federal grand jury in Phoenix indicted Edwin Alexey Gamboa, 20, of Phoenix, on several serious charges, including Illegal Receipt of a Firearm by a Person Under Indictment, Possession with Intent to Distribute Fentanyl, and Possession of a Firearm in Furtherance of a Drug Trafficking Offense.
Incident Details
As outlined in the complaint and indictment, on the morning of June 2, 2024, Phoenix Police Department officers responded to a report of a vehicle partially blocking a city street. Officers found Gamboa asleep in the vehicle with two firearms in the center console. They also discovered approximately 409 counterfeit oxycodone tablets, later identified as fentanyl, and almost $2,000 in cash on Gamboa’s person. One of the firearms, a Glock 19X 9mm pistol, was equipped with a machine gun conversion device, which operated as a machinegun during testing.
Previous Charges and Allegations
The indictment also revealed that Gamboa was on pretrial release for a previous indictment by a federal grand jury in Tucson. In that case, Gamboa was charged with Smuggling Goods from the United States. On February 4, 2024, Gamboa allegedly attempted to smuggle one empty Glock handgun magazine and 10 empty AK-47 style rifle magazines into Mexico via the Lukeville Port of Entry.
Penalties and Fines
The convictions for the charges Gamboa faces carry significant penalties:
- Illegal Receipt of a Firearm by a Person Under Indictment: Up to five years in prison, a $250,000 fine, or both.
- Possession with Intent to Distribute Fentanyl: Between five to 40 years in prison, a $5,000,000 fine, or both.
- Possession of a Firearm in Furtherance of a Drug Trafficking Offense: Between five years to life in prison, served consecutively to any other sentence, a $250,000 fine, or both.
- Smuggling Goods from the United States: Up to 10 years in prison, a $250,000 fine, or both.
Legal Proceedings and Presumption of Innocence
It is important to note that an indictment and complaint are merely formal charges and do not imply guilt. All individuals are presumed innocent until proven guilty in a court of law.
Investigative and Prosecution Teams
In the Phoenix case, the investigation was conducted by the Phoenix Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives, with Assistant U.S. Attorney Addison Owen handling the prosecution. The Tucson case was investigated by Homeland Security Investigations and U.S. Customs and Border Protection’s Office of Field Operations, with Assistant U.S. Attorney Sarah Houston overseeing the prosecution.
