United States District Court, D. Nebraska
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Smith Camp, Senior United States District Judge.
matter is before the Court for Findings of Fact and
Conclusions of Law pursuant to Federal Rule of Criminal
Procedure 23(c), following a nonjury trial held on August 27,
2019. At trial, the United States was represented by
Assistant United States Attorneys Jody B. Mullis and Kelli L.
Ceraolo. The Defendant, Williams Vega Victoriano, was
represented by Assistant Federal Public Defender Michael J.
Superseding Indictment alleges that on or about March 17,
2019, in the District of Nebraska, Defendant Williams Vega
Victoriano, while knowingly being an alien illegally and
unlawfully in the United States, did knowingly possess in and
affecting interstate and foreign commerce, a firearm, to wit,
a Taurus G2C 9 mm handgun with serial number TLN51863, said
firearm having been shipped and transported in interstate and
foreign commerce in violation of 18 U.S.C. §§
922(g)(5)(A), 924(a)(2). Vega Victoriano pleaded not guilty
to the charge.
Court makes the following findings of fact. Any finding of
fact that is more properly considered a conclusion of law
should be deemed as such. Unless otherwise indicated, all
findings of fact relate to the time relevant to the facts
alleged in the indictment.
parties entered into the following stipulations which are
deemed proven and incontroverted. Gov't's Exs. 60-64.
Victoriano was born in Mexico and is a citizen of Mexico. He
is not a United States citizen and has never been a United
States citizen. He is an alien as defined by 8 U.S.C. §
1101(a)(3) (The term "alien" means any person not a
citizen or national of the United States.). Vega Victoriano
was an alien, as defined by 8 U.S.C. § 1101(a)(3),
during the time period of November 1, 2018, to March 31,
November 24, 2018, deputies of the Cass County, Nebraska,
Sheriff's Department made contact with Vega Victoriano,
while he was not in law enforcement custody, outdoors at a
location near Louisville, Nebraska, in Cass County, Nebraska.
The deputies arrested Vega Victoriano, took him into law
enforcement custody, and transported him to the Cass County
Victoriano was transferred to the custody of Immigration and
Customs Enforcement (ICE) on or about November 29, 2018. He
remained in ICE custody until he bonded out of ICE custody on
or about December 19, 2018.
March 17, 2019, in Omaha, Nebraska, Vega Victoriano was
knowingly in possession of a Taurus 9 mm handgun with serial
March 17, 2019, the Taurus 9 mm handgun with serial number
TLN51863 was operable; it functioned as designed; and it was
able to discharge ammunition.
Taurus 9 mm handgun with serial number TLN51863 is a firearm
as defined by 18 U.S.C. § 921(a)(3).
Taurus 9 mm handgun with serial number TLN51863 was
manufactured in Brazil, outside the United States and the
state of Nebraska. The firearm affected interstate and
March 17, 2019, Vega Victoriano did not have a permit to
carry a concealed handgun as required to carry a concealed
handgun in Nebraska under the Concealed Handgun Permit Act,
Nebraska Revised Statute Sections 69-2427 to 69-2449. He
never applied for a permit to carry a concealed handgun under
Victoriano never registered a concealable firearm with the
Omaha, Nebraska, Police Department as required under Omaha
Municipal Code § 20-251 to possess a concealable firearm
inside the Omaha, Nebraska, city limits.
Trial Testimony and Evidence
Scott Alan Mollner is a deportation officer with ICE. ICE is
a division of the Department of Homeland Security (DHS).
November 26, 2018, Officer Mollner was notified by officials
from the Cass County jail in Cass County, Nebraska, that Vega
Victoriano was in their ...