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Toby Acevedo, Illegal Firearm Possession, South Dakota 2023

RAPID CITY, SD – Toby Acevedo, 52, of Box Elder, South Dakota, will spend the next 22 months in a federal prison cell after being sentenced for possessing an illegal firearm. U.S. Circuit Judge Jonathan A. Kobes handed down the sentence in federal district court on February 1, 2023, marking the culmination of a case that began nearly three years ago.

Acevedo was originally indicted in March 2021 on charges of Possession of a Firearm by a Prohibited Person and Possession of an Unregistered Firearm. He ultimately pleaded guilty on October 14, 2022, admitting to knowingly possessing a dangerous and illegal weapon. The feds weren’t messing around.

According to court documents, in July 2020, Acevedo was found to be in possession of a Mossberg International, model 702 Plinkster, .22 Long Rifle caliber, semi-automatic rifle with a barrel measuring less than 16 inches – a clear violation of federal law. Crucially, the weapon wasn’t registered to him in the National Firearms Registration and Transfer Record, making it illegally possessed. This isn’t some misunderstanding; it’s a conscious disregard for the law.

Beyond the prison sentence, Acevedo will also face three years of supervised release upon his eventual freedom. He’s also been ordered to pay a $100 special assessment to the Federal Crime Victims Fund – a small contribution considering the potential danger he posed. Acevedo was immediately taken into custody by the U.S. Marshals Service following the sentencing.

U.S. Attorney Alison J. Ramsdell highlighted that this case is part of Project Safe Neighborhoods (PSN), a broad initiative aimed at reducing violent crime and gun violence across the country. The Department of Justice launched a strengthened version of PSN in May 2021, focusing on building trust with communities, supporting preventative organizations, and prioritizing enforcement.

The investigation was a joint effort between the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson led the prosecution, securing the conviction and subsequent sentencing. This case serves as a reminder that illegally possessing firearms carries serious consequences, and federal agencies are actively working to get these weapons off the streets.

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