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New London man charged by federal grand jury with firearm possession

By Julianne Hanckel

Publication: theday.com

Published December 19. 2012 6:00PM   Updated December 19. 2012 11:59PM

New Haven — A New London man was indicted Tuesday by a federal grand jury with one count of possession of a firearm by a previously convicted felon and one count of possession of a firearm with an obliterated serial number, the U.S. Attorney for the District of Connecticut announced.

Nestor Pagan, 29, was arrested on Dec. 2 by Norwich police after they discovered that he had a .380 caliber semi-automatic pistol with an obliterated serial number in his jacket pocket.

Pagan’s address was not listed in a press release by the U.S. Attorney’s Office.

He was then arrested on a criminal complaint last Thursday when police discovered a prior conviction of first- and second-degree assault, criminal weapon possession, sale of hallucinogens or narcotics, and criminal mischief.

It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.

Possession of a firearm by a previously convicted felon carries a maximum term of imprisonment of 10 years, while possession of a firearm with an obliterated serial number carries a maximum term of imprisonment of five years, the press release states.

However, the U.S. Attorney’s Office said that Pagan may be subject to the Armed Career Criminal Act, a federal law imposing severe penalties for firearm or ammunition possession by persons who have been convicted of at least three violent felonies or serious drug offenses.

If he qualifies as an Armed Career Criminal, he faces a minimum term of imprisonment of 15 years and a maximum term of life.

U.S. Attorney David B. Fein said in the release that an indictment is only a charge and is not evidence of guilt, and that Pagan is entitled to a fair trial.

This matter is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the New London Police Department and the Norwich Police Department. This case is being prosecuted by Assistant U.S. Attorneys Alina Reynolds and Sarah Karwan.

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