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Date: 09-20-2019

Case Style:

United States of America v. Josias Garcia

Case Number: 2:17-mj-03094-KRS

Judge: Robert C. Brack

Court: United States District Court for the District of New Mexico (Dona Ana County)

Plaintiff's Attorney: Luis A. Martinez, Dustin C. Segovia, and Richard C. Williams

Defendant's Attorney:


Call 888-354-4529 if you need help finding a possession with intent of distribute drugs or conspiracy criminal defense lawyer in Albuquerque, New Mexico.


Description:




Las Cruces, NM - MAN FROM COLUMBUS, N.M. SENTENCED TO 16 YEARS IN FEDERAL PRISON FOR HOSTAGE TAKING, TRANSPORTATION OF ILLEGAL ALIENS, AND OTHER OFFENSES

Josias Garcia, 25, of Columbus, N.M., was sentenced in federal court in Las Cruces, N.M., on Tuesday to 16 years in federal prison for hostage taking, transportation of illegal aliens, smuggling, drug possession, firearms, and witness intimidation offenses.

Garcia previously pleaded guilty on February 26, 2019, to the following offenses: three counts of hostage taking; one count of conspiracy to take a hostage, three counts of conspiracy to transport illegal aliens; one count of brandishing a firearm during or in relation to a drug trafficking crime; four counts of being a felon in possession of a firearm; two counts of possession of marijuana with intent to distribute; one count of conspiracy to distribute marijuana; one count of conspiracy to smuggle goods from the United States; one count of transportation of goods intended to be smuggled; one count of attempt to smuggle goods from the United States; and four counts of tampering with a witness by intimidation or threat.

In Garcia’s plea agreement, Garcia admitted picking up illegal aliens at the United States-Mexico border on November 6, 2017, and transporting them to a mobile home in Columbus, N.M., where he, and another person, held them as hostages for four days. Garcia also admitted that he intimidated these hostages with threats of violence, including brandishing a firearm he was forbidden to possess because of a previous felony conviction, and demanding the families of the hostages sent money for their release. Garcia also admitted possessing marijuana at the mobile home with intent to distribute. He also admitted traveling to El Paso, Tex., to buy firearms he intended to smuggle to Mexico. However, he did not because he encountered officers with U.S. Customs and Border Protection (CBP) as he attempted to leave the country. Garcia also admitted trying to intimidate witnesses against him after his arrest by using threats and violence.

Special agents with Homeland Security Investigations investigated the case.


Charge:


21:841(a)(1) and (b)(1)(D): POSSESSION WITH INTENT TO DISTRIBUTE MARIJUANA; 18:2 AIDING AND ABETTING
(1)

18:1203(a): CONSPIRACY TO TAKE A HOSTAGE
(2)

18:1203(a): HOSTAGE TAKING; 18:2 AIDING AND ABETTING
(3-5)

21:846 CONSPIRACY
(6)

21:841(a)(1) and (b)(1)(D): POSSESSION WITH INTENT TO DISTRIBUTE MARIJUANA; 18:2 AIDING AND ABETTING
(7)

18:924(c): USING, CARRYING, AND BRANDISHING A FIREARM DURING AND IN RELATION TO A DRUG TRAFFICKING CRIME AND A CRIME OF VIOLENCE, AND POSSESSING A FIREARM IN FURTHERANCE OF SUCH CRIMES
(8)

8:1324(a)(1)(A)(v)(I): CONSPIRACY TO TRANSPORT ILLEGAL ALIENS
(9)

18:922(g)(1): FELON IN POSSESSION OF A FIREARM AND AMMUNITION
(10)

8:1324(a)(1)(A)(v)(I): CONSPIRACY TO TRANSPORT ILLEGAL ALIENS
(11)

18:922(g)(1): FELON IN POSSESSION OF A FIREARM AND AMMUNITION
(13)

18:371 CONSPIRACY
(14)

18:554(a): TRANSPORTATION OF GOODS INTENDED TO BE SMUGGLED; 18:2 AIDING AND ABETTING
(15)

18:554(a): ATTEMPT TO SMUGGLE GOODS FROM THE UNITED STATES; 18:2 AIDING AND ABETTING
(16)

18:1512(b)(1): TAMPERING WITH A WITNESS BY INTIMIDATION OR THREAT
(17-20)

Outcome: SENTENCE IMPOSED: CBOP 60 months as to counts 1, 6, 7 and 14; 108 months as to counts 2, 3, 4, 5, 9, 10, 11, 13, 15, 16, 17, 18, 19 and 20 said terms shall run concurrent; 7 years as to count 8 to run consecutive to all other counts for a total term of 192 months (16 years); 2 years supervised release as to counts 1, 6 & 7; 3 years supervised release as to counts 2-5, 8-11, 13-20 to run concurrent with special conditions; SPA $1,900.00; Restitution $5,000.00

Plaintiff's Experts:

Defendant's Experts:

Comments:



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