FRESNO, Calif. — Today, a federal grand jury returned a two-count indictment charging Roberto Carlos Leon-Garcia, 47, of Culiacán, Sinaloa, Mexico, with being an alien in possession of a firearm and being a previously deported alien found in the United States, U.S. Attorney McGregor W. Scott announced.
According to court documents, law enforcement officers arrested Leon in Merced County. Leon was in possession of a rifle and had previously been deported three times from the United States.
This case is the product of an investigation by the Drug Enforcement Administration with assistance from the Merced County Sheriff’s Department, the Merced Area Gang and Narcotics Enforcement Team, and the California Department of Fish and Wildlife. Assistant U.S. Attorney Karen Escobar is prosecuting the case.
If convicted, Leon faces a maximum statutory penalty of 10 years in prison on the firearm charge and two years on the immigration offense. He is also subject to a $250,000 fine as to both charges, as well as deportation upon completion of any prison sentence imposed. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.