The defense called him a firearms hobbyist who has made great strides since his 2019 arrest, while the prosecution brought up his gang ties and his former rap career.
SAN JOSE — A city resident who was arrested in 2019 with 10 guns, more than 1,500 rounds of ammunition, and three silencers, among other gun parts, avoided federal prison after pleading guilty to possessing a machine gun, records show.
Randall Freitas, 29, was sentenced last month to time served and two years of supervised release by U.S. District Judge James Donato, court records show. The machine gun charge carried a maximum of 10 years and a $250,000 fine, but federal prosecutors had argued for a two-year prison sentence. In a sentencing memo, Freitas’ attorney, Assistant Federal Public Defender Dejan Gantar, called Freitas a “firearms hobbyist” with no criminal history and argued only two of the guns were illegal due to having fully automatic “conversion” modifiers installed on them. He wrote that Freitas’ time out of jail awaiting resolution in his case has been “commendable,” that he’s worked at the same job for 11 years and has demonstrated “extraordinary” responsibility and remorse.
“Randall did not possess these items for a nefarious purpose. Indeed, the record establishes that he was a firearms hobbyist, enthusiast, and collector who possessed them for their novelty,” Gantar wrote in the memo. “Moreover, there is no evidence Randall ever personally used or fired any of the firearms at issue…He has dedicated himself to living a responsible and law-abiding life.”
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