News and Press Releases


September 29, 2010

BIRMINGHAM – A federal grand jury today indicted a Mexican man for possessing a firearm while being an immigrant unlawfully present in the United States, announced U.S. Attorney Joyce White Vance and Jesse G. Blakeman, resident agent in charge, U.S. Immigration and Customs Enforcement Agency.

JAVIER GUTIERREZ-ESPINO, 27, is charged in a one-count indictment filed in U.S. District Court with the illegal possession of a 9mm pistol.

“Federal law makes it a crime for an individual who is illegally in this country to possess a firearm,” Vance said. “Individuals who possess or traffic firearms in violation of federal law should expect to be prosecuted.”
The maximum sentence for being an illegal alien in possession of a firearm is 10 years in prison and a $250,000 fine.
ICE investigated the case.  Assistant U.S.  Attorney Miles M. Hart is prosecuting it.

Members of the public are reminded that the indictment contains only charges.  A defendant is presumed innocent of the charges and it will be the government’s burden to prove a defendant’s guilt beyond a reasonable doubt at trial.


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