ILLEGAL ALIEN SENTENCED TO LENGTHY TERM FOR ASSAULTING BP AGENT
(McALLEN, Texas) – Juan Carlos Gonzalez-Garcia, 28, of Villa De Ramos, San Luis Potosi, Mexico, will be serving a total of 60 months in prison for assaulting a public official and being unlawfully present in the United States, United States Attorney Don DeGabrielle announced today.
On Dec. 13, 2007, Gonzalez-Garcia, was one of three individuals in a pick-up truck stopped by a border patrol agent near Roma, Texas, in an area known for alien smuggling. At the time of the stop, the border patrol agent determined Gonzalez-Garcia was a citizen of Mexico who did not have any permission to be in the United States. When Gonzalez-Garcia was placed under arrest, he forcibly resisted. In the course of resisting arrest, Gonzalez-Garcia and the agent fell to the ground. The agent fractured his left shoulder and Gonzalez-Garcia fled. Gonzalez-Garcia was apprehended a short time later by another border patrol agent. Gonzalez-Garcia had previously been removed from the United States on Aug. 22, 2006, through the Laredo, Texas port-of-entry. At the time of this incident, he did not have permission to be in the United States.
Indicted in January 2008, Gonzalez-Garcia pleaded guilty to both federal offenses March 3, 2008. Today, U.S. District Judge Ricardo H. Hinojosa considered the injuries sustained by the border patrol agent, Gonzalez-Garcia’s prior criminal conviction and that at the time of the commission of this offense, he was on supervised release for a 2006 conviction for transporting illegal aliens in handing down the maximum sentence under the applicable guideline range for each of the two counts of conviction – 57 months for the assault and 57 months for the immigration violation. Both sentences were held to run concurrently with each other. In addition, Judge Hinojosa revoked the term of supervised release imposed by the court in the Western District of Texas following Gonzalez-Garcia’s 2006 conviction there for transporting illegal aliens and sentenced Gonzalez-Garcia to three months in the Bureau of Prisons, to run concurrently with the 57-month sentences, resulting in a total term of imprisonment of five years. The Judge also assessed a two-year-term of supervised release in regard to the assault and immigration violation to be served by the defendant upon his release from prison.
In custody without bond since the day of his arrest, Gonzalez-Garcia will remain in federal custody to serve his sentences and is subject to deportation upon release from prison.
This investigation was conducted by Customs and Border Protection with assistance from the FBI. The case was prosecuted by Assistant U.S. Attorney Juan F. Alanis.
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