FRESNO, Calif. — A federal grand jury returned a two-count superseding indictment today against Marco Antonio Lopez-Rubio, 35, a foreign national, charging him with failing to register or update his registration as a sex offender and being a deported alien found in the United States, U.S. Attorney McGregor W. Scott announced.
According to court documents, from May 2019 until June 2019, Lopez-Rubio was present in the State of California but failed to register as a sex offender as required by law. In 2008, Lopez-Rubio was convicted in California for forcible rape, at which time he acquired his registration requirement. He was subsequently deported from the United States and never obtained permission to return to the United States.
This case was the product of an investigation by the U.S. Marshals Service and Immigration and Customs Enforcement, Enforcement and Removal Operations. Assistant United States Attorney Laura D. Withers is prosecuting the case.
If convicted, Lopez-Rubio faces a maximum statutory penalty of 10 years in prison and a $250,000 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 defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.