Farmington man gets three years in prison for selling a gun to undercover agent for $250

Man has been held in federal custody since October 2020

Joshua Kellogg
Farmington Daily Times
  • Gregory Diaz, 34, pleaded guilty on May 12 to being a felon in possession of a firearm and ammunition, according to court documents.
  • Diaz was sentenced on Dec. 14 to three years and one month in a federal prison during a hearing in Albuquerque federal court, according to a U.S Department of Justice press release.
  • By accepting the plea agreement, the prosecution and defense agreed to a sentencing range of three years and a month to three years and 10 months.

FARMINGTON — A Farmington man has been sentenced to more than three years in a federal prison for being a felon possessing a firearm and selling it to an undercover law enforcement agent for $250.

Gregory Diaz, 34, pleaded guilty on May 12 to being a felon in possession of a firearm and ammunition, according to court documents.

Diaz was sentenced on Dec. 14 to three years and one month in a federal prison, during a hearing in Albuquerque federal court, according to a U.S Department of Justice press release.

Sentencing documents were not filed on Dec. 28 in the Public Access to Court Electronic Records (PACER) system.

Diaz wrote in the plea agreement that on Oct. 3, 2018, he sold “a European American Armory Corporation (EAA) Witness-P model .40 S&W caliber pistol” to an undercover law enforcement agent. Court documents show he sold the handgun for $250.

He also admitted to six felony convictions in the state of New Mexico.

Those convictions are

  • Possession of a controlled substance in May 2008
  • Abuse of a child, May 2008
  • Possession of a controlled substance in August 2010
  • Possession of a firearm or destructive device by a felon in December 2012
  • Attempted residential burglary in August 2014
  • Possession of a controlled substance in June 2018

Diaz faced a prison sentence of no more than 10 years, but he could have faced a minimum of 15 years to life if the Armed Career Criminal Act was applied to the case, according to court documents.

Crime

By agreeing to the plea agreement, the prosecution and defense agreed to a sentencing range of three years and a month to three years and 10 months in prison.

U.S. Magistrate Judge Laura Fashing gave Diaz the shortest recommended sentence in the case. Diaz had been held in federal custody since October 2020, according to court documents.

When released, Diaz will have three years of supervised release. 

Joshua Kellogg covers breaking news for The Daily Times. He can be reached at 505-564-4627 or via email at jkellogg@daily-times.com.

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