United States Attorney for the Southern District of New York, Jay Clayton, announced the conviction of Bianneury Pena, also known as “Charly,” for his involvement in gun and drug trafficking conspiracies and unlawful firearm possession as an illegal alien. The conviction followed a four-day jury trial overseen by U.S. District Judge Denise L. Cote. Pena’s sentencing is set for October 17, 2025.
“Within weeks of entering the United States unlawfully, Pena immersed himself in a gun and drug trafficking scheme,” stated 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.”
According to allegations in the indictment and public court proceedings, on June 7, 2024, Pena and Abel Rosario were arrested in New York City after traveling from North Carolina by bus. They were found smuggling two firearms into New York City from North Carolina at their arrest.
In April 2024, just a month before their arrest, Pena entered the U.S. illegally and began conspiring with Rosario, who had previously been deported but was unlawfully present in the country again. Between May and June 2024, Pena made three round trips between New York and North Carolina to smuggle cocaine southward while returning with firearms.
Pena, aged 35 from the Dominican Republic, was convicted on three counts facing up to 50 years in prison:
Count One: Gun Trafficking Conspiracy under 18 U.S.C. § 933 carries a sentence of up to 15 years with a maximum term of supervised release of three years.
Count Two: Alien in Possession of a Firearm under 18 U.S.C. § 922(g)(5) carries a sentence of up to 15 years with a maximum term of supervised release of three years.
Count Three: Drug Trafficking Conspiracy under sections including but not limited to 21 U.S.C §§s846 &841(b)(1)(C), carrying penalties upwards towards twenty year imprisonment alongside terms supervising release extended over three years thereafter
These sentences are prescribed by Congress solely intended informatively since ultimate determination rests solely upon judicial discretion exercised therein regarding said defendant’s final judgment rendered thereby
Mr Clayton commended exemplary performance displayed throughout investigations led jointly across various agencies comprising namely those listed hereinbelow -NewYorkDrugEnforcementTaskForce/BureauAlcoholFirearmsTobaccoExplosives/DepartmentHomelandSecurity/NewYorkCityPoliceDepartment/PortAuthorityPoliceDepartment/NewYorkStatePolice
This case is being handled by Office’s Violent Organized Crime Unit where Assistant US Attorneys Ashley C Nicolas/Alexandra S Messiter/Brandon D Harper oversee prosecution thereof
