Federal jury finds human smuggler guilty of possessing child sexual abuse material

McALLEN, Texas – A 43-year-old Lyford man has been convicted of possessing 150 images of child pornography, announced U.S. Attorney Nicholas J. Ganjei.

The jury deliberated for approximately 15 minutes before finding Jose Rodriguez Jr. guilty after a one-day trial.

Law enforcement originally arrested Rodriguez Aug. 12, 2024, in connection with an alien transportation event. At that time, they seized his phone and discovered over 150 images and videos of child sexual assault material (CSAM).

During the trial, the jury heard testimony and evidence regarding the multiple images and videos of CSAM downloaded and stored on Rodriguez’s phone over multiple months. The evidence included numerous files depicting sexual assaults of prepubescent children. The jury also learned Rodriguez has a prior conviction for criminal attempted sexual assault from 2010 which involved a minor victim.

The defense attempted to convince the jury that a virus downloaded the CSAM onto his phone. However, evidence showed that Rodriguez had over 100 user accounts on the phone linked to him and that the child pornography was downloaded on 20 separate occasions from April through August of 2024.

The jury also heard from a computer forensic expert who rendered an opinion that the pattern of activity indicated intentional downloading.

“The Southern District of Texas has zero tolerance for child sex offenses, much less repeat sex offenders like the defendant in this case,” said Ganjei. “We are grateful to the jury for serving justice in this case.”

U.S. District Judge Drew Tipton set sentencing for July 15. At that time, Rodriguez faces up to 20 years in federal prison and a possible $250,000 maximum fine.

Rodriguez was charged in a separate case for the human smuggling event and later pleaded guilty.

He was taken into custody following the verdict where he will remain pending sentencing in both cases.

Immigration and Customs Enforcement - Homeland Security Investigations and Border Patrol conducted the investigation with assistance from Raymondville Police Department and Willacy County Sheriff’s Office. 

Assistant U.S. Attorneys Devin Walker and Jose Garcia are prosecuting the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources tab on that page.