RAPID CITY, SD – Toby Acevedo, 52, of Box Elder, South Dakota, is headed to federal prison after being sentenced to 22 months for illegally possessing a modified firearm. U.S. Circuit Judge Jonathan A. Kobes handed down the sentence on February 1, 2023, in Rapid City, adding three years of supervised release to the term.
Acevedo was initially 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 possessing a dangerous and illegal weapon. The feds say that in July 2020, Acevedo knowingly possessed a Mossberg International, model 702 Plinkster, .22 Long Rifle caliber semi-automatic rifle with a barrel length of less than 16 inches – a clear violation of federal law requiring registration.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) led the investigation, with crucial assistance from the Rapid City Police Department. Agents uncovered the unregistered rifle during an investigation, leading to Acevedo’s indictment. Details of exactly how the ATF came to investigate Acevedo remain sealed, but sources suggest the case originated with a tip regarding suspicious activity.
As part of the sentence, Acevedo was also ordered to pay a $100 special assessment to the Federal Crime Victims Fund. He was immediately taken into custody by the U.S. Marshals Service to begin serving his sentence. The 22-month stretch is a significant penalty, signaling the feds are taking unregistered firearms seriously.
Federal officials are framing the prosecution as part of “Project Safe Neighborhoods” (PSN), a broad initiative aimed at reducing violent crime and gun violence nationwide. According to the U.S. Attorney’s Office, PSN focuses on building trust with communities, supporting local violence prevention groups, and strategically targeting enforcement efforts.
Assistant U.S. Attorney Benjamin Patterson prosecuted the case. The conviction underscores the ATF’s ongoing commitment to tracking and seizing illegal firearms, and ensuring that individuals who attempt to circumvent gun laws are held accountable. This case serves as a warning: messing with unregistered weapons will land you in a federal cell.
Related Federal Cases
- Toby Acevedo, Illegal Firearm Possession, South Dakota 2023 · Montana
- Robert Wolfe Jr., Possession of Illegal Firearm, SD, 2026 · South Dakota
- Jacob Bryan, Illegal Firearm Possession, SD 2018 · South Dakota
- Jericho James Ladeaux, Illegal Firearm Possession, South Dakota 2025 · Alabama
- Vernon Schmidt, Illegal Firearm Possession, Mission SD, 2024 · South Dakota
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