Mexican man sentenced in South Texas to the maximum of 12 ½ years for delivering grenades to undercover special agents, re-entry after deportation
MCALLEN, Texas — A Mexican national living in the United States illegally was sentenced Monday to the maximum of 12 ½ years in federal prison for unlawfully possessing firearms, and re-entry after deportation.
This sentence was announced by U.S. Attorney, Kenneth Magidson, Southern District of Texas. This investigation was conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), along with Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
U.S. District Judge Ricardo Hinojosa sentenced Mario Alberto Garcia-Balderas, 45, of Mexico, to 10 years in federal prison for being illegally in the United States, possessing a firearm, and as a felon possessing a firearm. Judge Hinojosa sentenced Garcia-Balderas for the offense of re-entry after deportation to which he had previously pleaded guilty. The court sentenced him to 96 months in federal prison; 30 months of this sentence was ordered to be served consecutively to the sentence in the firearms case, for a total of 150 months or 12 ½ years.
In handing down the sentence, Judge Hinojosa noted that he had sentenced Garcia-Balderas twice before in federal cases and yet he still illegally re-entered the country and committed this very serious crime involving grenades. As an illegal alien, Garcia-Balderas is again expected to face deportation proceedings after he’s released from prison.
“Today's sentencing sends a clear message to individuals who purchase, transport or facilitate smuggling weapons, ammunition and other related items,” said Special Agent in Charge James Spero of HSI San Antonio. “Preventing these items from being acquired from or delivered to the wrong hands is a top priority for HSI. We will continue working with our domestic and international law enforcement partners in this effort.”
According to court documents, the investigation began in September 2009 after special agents received information that an individual or individuals were offering grenades for sale in the United States. Testimony at trial indicated Garcia-Balderas delivered improvised explosive device grenades to undercover special agents on three occasions: Sept. 17, Sept. 21, and Sept. 28, 2009. Prior to the delivery of the grenades on Sept. 21, Garcia-Balderas received a total of $24,960 in payment for the grenades.
Garcia-Balderas stipulated to the fact that he is a citizen of Mexico and that he had no status to be in the United States legally during 2009. He also agreed that prior to September 2009, he was previously convicted of a crime punishable by imprisonment for a term exceeding one year. As an illegal alien and a convicted felon, he is prohibited by federal law of possessing firearms or ammunition.
Garcia-Balderas will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Assistant U.S. Attorney Toni Trevino, Southern District of Texas, is prosecuting this case.
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