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. The conviction follows a four-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.”
According to allegations in the indictment and statements made in public filings and court proceedings, on June 7, 2024, Pena and Abel Rosario were arrested in New York after arriving from North Carolina by bus. At their arrest time, they were smuggling two firearms into New York City from North Carolina.
Just a month earlier, in April 2024, Pena illegally entered the U.S. and began conspiring with Rosario. Between May and June 2024, Pena made three round trips between New York and North Carolina during which he smuggled cocaine to North Carolina and returned with firearms.
Pena was convicted of three counts: gun trafficking conspiracy under 18 U.S.C. § 933; possession of a firearm as an alien under 18 U.S.C. § 922(g)(5); and drug trafficking conspiracy under 21 U.S.C. §§ 846 and 841(b)(1)(C). He faces up to 50 years in prison.
The maximum potential sentences are prescribed by Congress for informational purposes only; any sentencing will be determined by the judge.
Mr. Clayton praised the work of various law enforcement agencies involved in this case including the New York Drug Enforcement Task Force, Bureau of Alcohol, Firearms, Tobacco & Explosives (ATF), Department of Homeland Security (DHS), NYPD (New York Police Department), Port Authority Police Department (PAPD) & NY State Police (NYSP).
This case is being handled by the Office’s Violent & Organized Crime Unit with Assistant U.S Attorneys Ashley C Nicolas Alexandra S Messiter Brandon D Harper leading prosecution efforts.
