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Justice News

Department of Justice
U.S. Attorney’s Office
Southern District of Texas

Monday, January 26, 2015

Illegal Alien Sentenced For Firearms Offense

McALLEN, Texas – Emilio Padilla, 24, of Taumalipas, Mexico, two counts of being an illegal alien in possession of a firearm, announced U.S. Attorney Kenneth Magidson. A federal jury sitting in McAllen convicted Padilla on Oct. 24, 2014, following a two-day trial and less than an hour of deliberation.

Today, Senior U.S. District Judge Randy Crane, who presided over the trial, handed Padilla a sentence of 21 months in federal prison. At the hearing, the defense contended that Padilla had possessed the firearms to protect his family. As an illegal alien, Padilla is expected to face deportation proceedings following his release from prison.

During trial, the jury heard the testimony of several law enforcement officers who stated they had met with Padilla at his residence in Alamo on April 29, 2014. At that time, he admitted to having several firearms, including two Glock 9mm pistols. Padilla was in the United States illegally and not permitted to possess firearms.

Agents conducted a search of the residence and discovered the weapons, which were manufactured in Austria and had traveled in interstate and foreign commerce. 

Padilla’s brother, Mariano Padilla, pled guilty to the same offense on June 6, 2014, and was sentenced to 18 months in federal prison by Judge Randy Crane on Oct. 22, 2014.

Padilla will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

The charges are the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Homeland Security Investigations and the San Juan Police Department. Assistant U.S. Attorneys Leo J. Leo III and David A. Lindenmuth prosecuted the case.

Updated April 30, 2015