Gun And Drug Trafficker Convicted

 

United States Attorney for the Southern District of New York, Jay Clayton, announced the conviction at trial of BIANNEURY PENA, a/k/a “Charly,” for his role in gun and drug trafficking conspiracies as well as his unlawful possession of a firearm as an illegal alien.  The conviction comes after a 4-day jury trial before U.S. District Judge Denise L. Cote.  PENA is scheduled to be sentenced on October 17, 2025.  

“Within weeks of entering the United States unlawfully, Pena immersed himself in a gun and drug trafficking scheme,” said U.S. Attorney Jay Clayton.  “Pena and his crew smuggled guns and cocaine up and down the east coast without regard for the danger they were bringing to New Yorkers.  Thanks to the prompt action of the DEA and our prosecutors, Pena was arrested and has been held accountable for his crimes.” 

As alleged in the Indictment and statements made in public filings and public court proceedings:

On June 7, 2024, PENA and ABEL ROSARIO were arrested in New York, New York, after arriving from North Carolina by bus.  At the time of their arrest, PENA and ROSARIO were smuggling two firearms into New York City from North Carolina.  In their possession were the below-depicted Aero Precision model M4E1 firearm, a Glock .40 caliber model 23 handgun, dozens of rounds of ammunition, a standard magazine, two high-capacity magazines, and a drum magazine.

Just a month earlier, in April 2024, PENA illegally entered the U.S. and began conspiring with ROSARIO, who was unlawfully present in the U.S. after having been previously deported.   Between May and June 2024, PENA took three round trips between New York and North Carolina, during which he smuggled cocaine to North Carolina and returned with firearms.   

PENA, 35, of the Dominican Republic, was convicted of three total counts and faces up to 50 years in prison.

Count	Charge	Sentence
Count One	18 U.S.C. § 933 (Gun Trafficking Conspiracy)	15 years, a maximum term of supervised release three years
Count Two	18 U.S.C. § 922(g)(5) (Alien in Possession of a Firearm)	15 years, a maximum term of supervised release of three years
Count Three	21 U.S.C. §s 846 and 841(b)(1)(C)	20 years; maximum term of supervised release of three years

The maximum potential sentences are prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. 

Mr. Clayton praised the outstanding work of the New York Drug Enforcement Task Force, the Bureau of Alcohol, Firearms, Tobacco and Explosives, the Department of Homeland Security, the New York City Police Department, the Port Authority Police Department, and the New York State Police.