James Ernesto Martinez, Possession of a Firearm by a Prohibited Person, Colorado 2021

Denver Felon Sentenced to Prison for 46 Months for Illegal Gun Possession

DENVER – James Ernesto Martinez, a 33-year-old Denver man, has been sentenced to 46 months in prison for possession of a firearm by a prohibited person.

According to a plea agreement, on July 22, 2021, law enforcement agents executed a search warrant at Martinez's Denver home. The search warrant authorized the seizure of firearms, among other things. After agents knocked and announced their presence, Martinez went back inside for approximately ten minutes.

During that time, agents could see Martinez moving quickly through the home. When Martinez finally surrendered, he was the only adult in the home. On the floor of Martinez's bedroom, agents observed a trail of pills that led from the dresser to the bathroom. In the bathroom, around the toilet, agents located crushed pills they believed to be a controlled substance, as well as ripped up plastic baggies.

Based on what agents initially saw, they obtained a second search warrant for drugs and drug paraphernalia. They located 11 fentanyl pills, .981 grams of methamphetamine, plastic baggies, and two digital scales. In a shoe box concealed in the attic that could only be accessed from the defendant's bedroom, agents located two 9mm handguns and a .22 caliber handgun.

Martinez had previously been convicted of a felony and knew he was prohibited from possessing firearms and ammunition. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution was handled by the Violent Crime and Immigration Enforcement Section of the U.S. Attorney's Office for the District of Colorado.

Judge William J. Martinez sentenced the defendant on November 23, 2022. This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence.

CASE NUMBER: 21-cr-00263

Source: https://www.justice.gov/usao-co/pr/denver-felon-sentenced-prison-46-months-illegal-possession-weapon