Homicide convict sent to federal prison after illegal aliens found crammed in trunk and on floorboard of compact car

Editor's Note:
This matter occurred on date indicated, but not published at that time due to government shutdown. Press release posted and made available following the return to normal operations.    

LAREDO, Texas – A 57-year-old Rio Bravo man has been ordered to federal prison for human smuggling, announced U.S. Attorney Nicholas J. Ganjei.

Antonio Pena pleaded guilty May 6.

U.S. District Judge Marina Garcia Marmolejo has now ordered Pena to serve 63 months in federal prison to be immediately followed by three years of supervised release. At the hearing, the court heard how Pena has remained a decades-long danger to others in the community. In handing down the sentence, the court noted the breadth of his criminal history, which includes a homicide conviction, the risk of substantial bodily injury or death he imposed on the two illegal aliens crammed into his trunk and attacks made to other inmates while Pena awaited sentencing.

On Feb. 14, Pena was driving a black Chevrolet Cruz that appeared heavily weighted down and sagging in the rear. He pulled into a gas station, claiming he was “just getting gas.” When law enforcement approached him, he appeared nervous, stuttered and clutched his phone while insisting there was no one else in the car. Law enforcement also noticed he was holding just a single key without any other personalized keys attached.

A subsequent search revealed one person lying on the floorboard and two more crammed in the trunk. Authorities determined all three were citizens of Mexico and in the United States illegally.

One illegal alien admitted he had waded across the Rio Grande and was awaiting transport to Atlanta when Pena arrived. He saw two others already hidden in the trunk when Pena instructed him to lie on the floorboard.

Border Patrol conducted the investigation. Assistant U.S. Attorney Tae W. Chon prosecuted the case.

This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces and Project Safe Neighborhood.