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June 3, 2010

ILLEGAL ALIEN IN POSSESSION OF FIREARM SENTENCED TO PRISON

(McALLEN, Texas) - Jose Garcia, 31, of Comales, Tamaulipas, Mexico, has been sentenced to prison for possession of a firearm and for being an alien illegally and unlawfully present in the United States, United States Attorney José Angel Moreno announced today. 

Chief United States District Judge Ricardo Hinojosa handed down a sentence of 18 months in federal prison for each of two the two counts of conviction which the court has ordered to be served concurrently at a hearing this morning. Garcia faces deportation upon completion of his sentence.

At the time of his arrest on June 17, 2009, Garcia was wanted for an outstanding felony arrest warrant for aggravated assault with a deadly weapon stemming from the discharge of a firearm in Mission, Texas, in September 2005. The United States Marshals Service - Fugitive Task Force located Garcia’s suspected address in Mission and, along with agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the assistance and support of state and local officers, located Garcia and arrested him on the outstanding state warrant. At the time of the arrest, officers found a 12-gauge shotgun in Garcia’s bedroom as well as a loaded .40 caliber semi-automatic pistol. As a Mexican national unlawfully present the United States, Garcia is prohibited from possessing firearms or ammunition. 

On March 1, 2010, Garcia pleaded guilty to one count of being unlawfully present in the United States and one count of unlawfully possessing firearms and ammunition. Garcia has been in custody since his June 2009 arrest and will remain in federal custody pending transfer to a U.S. Bureau of Prisons facility where he will serve his sentence.

The case was prosecuted by Assistant United States Attorney Steven Schammel.

 

 

 

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