- Time Served
- 3 years supervised release
- $100 fine per count of conviction
- Random drug testing
- DNA samples
- Refrain from alcohol use or possession of alcohol
- Random home/vehicle search
- No gun ownership
The government had originally sought the maximum sentence of five years each for Rick and Terri Reese, plus an additional few years for testifying in their own defense at trial, which was considered by the government to be “obstruction of justice”. The government conceded they could not seek more than the max of five years. The government also sought to have Ryin Reese received the maximum sentence of five years.
Rick and Ryin served 17 months in prison and were released when Judge Brack ordered a new trial after information came out that the government failed to inform the judge, and hence the jury, that a key witness in the case, Deputy Alan Batts, had been the subject of an investigation concerning allegations of corruption for nearly a decade. Batts was never charged with any crime.
Terri Reese served 7 months and was released on bond early to help defense attorneys prepare for trial.
Over forty family, friends and supporters packed nearly the entire courtroom gallery to listen to arguments from the prosecution on why the Reeses should receive the maximum sentence. Defense attorneys argued to have the charges reduced to a misdemeanor claiming that Congress wrote statutes that apply to FFLs, Federal Firearms Licensees, making violations of Form 4473 a misdemeanor. The government claimed they have the option to prosecute under either felony or misdemeanor statutes.
Curiously, AUSA Maria Armijo repeated a number of times during the proceedings that the government was not on trial today and that the government should not be punished – presumably by having the judge impose a lower sentence than the maximum penalty. Nothing was found in the pleadings reviewed that would explain why she might think the government was on trial today.
Ultimately, Judge Brack agreed with the prosecution that it is the prosecutor’s option on whether to charge FFLs under either a felony statute or a misdemeanor statute. He was not swayed by the novel defense arguments that defendants have the right to choose which statutes to be sentenced under.
AUSA Armijo attempted to have Judge Brack ignore the many character letters he had received in support of the Reeses. Family and friends pointed out how the Reeses were, she informed, and did not address their actions during the case. She also argued that the judge should consider all of the behavior associated with the 26 counts the Reeses were acquitted of when imposing a sentence.
In essence, this observer felt that AUSA Armijo was arguing that the government knows that the Reeses were guilty of all counts charged, and that the judge should ignore the legal system that our country was founded on - a system where the jury is the finder of fact – not the government or the judge. The effect of this line of argument makes the prosecution the policeman, prosecutor, jury and judge. To a certain degree, the government is used to this result when they pressure defendants into pleading guilty or plea bargaining a reduced sentence in exchange for snitching on someone else. Guilty pleas avoid trials, and therefore avoid exposing any deficiencies in the evidence against defendants. Plea bargaining also skews statistics towards high conviction rates.
Fortunately, Judge Brack decided that in this case the circumstances favored time served. He noted the Reeses had been law abiding citizens all of their lives. They had operated New Deal for many years without incident and had been long time residents. They are a close family, and the case had served them a heavy toll. Their business has been destroyed, and their property subjected to forfeiture. He reiterated a statement from a prior proceeding: the Reeses are not a danger to the public.
The defense had asked the judge to consider a downward variance to to time served if the judge did not sentence them under the misdemeanor statutes. In this case, Judge Brack explained, the downward variance to the sentencing is appropriate.
Rick Reese, the owner of New Deal Shooting Sports in Deming, NM was convicted of one count of a Form 4473 paperwork violation. His wife, Terri Reese, was convict one count of a Form 4473 paperwork violation. Ryin Reese was convicted of two counts of Form 4473 paperwork violations. The Reese family (including their youngest son Remington) was originally charged with 30 federal counts, including international gun smuggling, international money laundering, conspiracy in addition to the paperwork violations. Judge Brack threw out the money laundering charge during trial based on no evidence presented during trial. The jury acquitted them of the conspiracy and gun smuggling charges. Remington was acquitted on all counts.
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