Las Cruces Man Guilty of Possessing Unregistered Short-Barreled Rifle and Illegally Receiving Ammunition While Under Indictment

ALBUQUERQUE – A Las Cruces man was convicted by a federal jury of federal firearms and ammunition offenses including possession of a short-barreled AR-15.

According to court documents and evidence presented at trial, on September 2, 2022, in connection with a homicide investigation, search warrants were executed by the Dona Ana County Sheriff’s Office on a residence Delbert Tyler Trevino, 32, was house sitting and a truck he had driven during that time. During the search, law enforcement officers recovered a short-barreled American Tactical, model Omni Hybrid, multicaliber rifle in the closet of the spare bedroom where Trevino was staying at the time.

It was later determined that the barrel of said rifle was approximately ten inches in length and that the rifle was not registered in the National Firearms Registration and Transfer Record.

Prior to possessing the unregistered short-barreled rifle, Trevino was under indictment for three felony crimes in El Paso County, Texas.  While under indictment, Trevino illegally purchased, and therefore received, 5.56mm and 9mm ammunition from Sportsman’s Warehouse in Las Cruces, New Mexico, on two separate occasions in July and August of 2022.  During the execution of the search warrants on September 2, 2022, 5.56mm and 9mm ammunition matching the description of the ammunition Trevino purchased from Sportsman’s Warehouse were recovered from Trevino’s bedroom.  Spent 9mm casings were also recovered from the property and the truck Trevino was driving.

The Court ordered that Trevino remain in detention pending sentencing, which has not been scheduled. At sentencing, Trevino faces up to ten years in prison for the short-barreled rifle charge and up to five years in prison for each of the illegal receipt of ammunition charges.  Trevino is subject to up to three years of supervised released following his term of imprisonment.  

There is no parole in the federal system.

U.S. Attorney Alexander M.M. Uballez and Glen Henderson, Inspector in Charge of the Phoenix Division of the Postal Inspection Service, made the announcement today.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Doña Ana County Sheriff’s Office and the Las Cruces Police Department. Assistant U.S. Attorneys Maria Y. Armijo and Ry Ellison are prosecuting the case.

The homicide investigation remains pending.  If you have any information relating to this matter or other crimes committed by Trevino, please contact the Bureau of Alcohol, Tobacco, Firearms and Explosives at 1-888-ATF-TIPS or ATFTips@atf.gov.

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