Sacramento, California - A federal grand jury returned a four-count indictment Thursday against Josevan Arias, 25, of Posen, Illinois, and Elmer Rodriguez-Colio, 30, of Sacramento, charging both with conspiracy to distribute, and distribution of, heroin, and charging Arias separately with dealing firearms without a license, U.S. Attorney McGregor W. Scott announced.

According to court documents, on Aug. 13, 2018, Arias explained to a law enforcement informant that he had access to high-powered rifles, including AR-style firearms, and arranged to sell multiple weapons to the informant. Over the course of the investigation, Arias sold the informant four AR-style rifles and two AK-47 rifles. At no time did Arias have a federal firearms license. In addition, Arias worked with Rodriguez-Colio to supply the informant with heroin. Rodriguez-Colio separately sold heroin to the same informant at another time.

This case is the product of an investigation by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the San Joaquin County Metropolitan Narcotics Task Force. Assistant U.S. Attorney James Conolly is prosecuting the case.

If convicted, Arias and Rodriguez-Colio face a mandatory minimum penalty of five years in prison, and a maximum statutory penalty of 40 years in prison and a $5 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.