Jury Finds Mexican National Guilty of Being a Deported Alien Found in the United States

SACRAMENTO, Calif. — A federal jury returned a guilty verdict today convicting Jose Elfego Gutierrez-Gomez, 36, a citizen of Mexico residing in Stockton, of being a deported alien found in the United States, U.S. Attorney McGregor W. Scott announced.

According to court documents and evidence presented at trial, Gutierrez-Gomez originally entered the United States without having obtained legal status. Then in 2008, he was convicted of methamphetamine trafficking and sentenced to five years in prison. Following his release from prison, he was removed from the United States. Gutierrez-Gomez subsequently illegally reentered the United States.

Gutierrez-Gomez came to the attention of Immigration and Customs Enforcement, and on December 21, 2018, he was arrested. A grand jury subsequently indicted him.

This case is the product of an investigation by Immigration and Customs Enforcement. Assistant U.S. Attorneys Shea J. Kenny and Katherine T. Lydon are prosecuting the case.

Gutierrez-Gomez is scheduled to be sentenced on Oct. 23 by U.S. District Judge Kimberly J. Mueller. Gutierrez-Gomez faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. The actual sentence, however, will 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.