Date: 05-17-2022

Case Style:

United States of America v. Jose Luis Gutierrez-Plascencia

Case Number: 2:20-cr-01094

Judge:

Court: United States District Court for the Southern District of Texas (Nueces County)

Plaintiff's Attorney: United States Attorney’s Office

Defendant's Attorney: Carlos Garcia

Description: Corpus Christi, Texas criminal defense lawyer represented defendant charged with bringing in and harboring aliens.

On Sept. 17, 2020, Jose Luis Gutierrez-Plascencia entered the Border Patrol (BP) checkpoint near Sarita while driving a white Freightliner commercial tractor and pulling an enclosed trailer. At trial, the jury heard testimony that Gutierrez-Plascencia had told authorities he was hauling a load of watermelons to Chicago. Law enforcement testified that he had displayed nervous behavior and answered questions rapidly.

The jury also saw an X-ray scan conducted at the scene that revealed anomalies – human bodies. Law enforcement had physically searched the vehicle and also discovered four aliens hiding in the cab of the tractor. Upon further inspection, they unlocked the trailer, with a key from Gutierrez-Plascencia’s keychain, and found three more individuals lying down inside the trailer. There were no watermelons in the vehicle.

It was later determined that the total of seven non-U.S. citizens were illegally present in the country. Two of the seven testified at trial and identified Gutierrez-Plascencia as the driver.

U.S. District Judge David S. Morales presided over trial and set sentencing for Aug. 11. At that time, Gutierrez-Plascencia faces up to five years in federal prison and a possible $250,000 maximum fine.

BP conducted the investigation. Assistant U.S. Attorneys Joel Dunn and Ashley Martin are prosecuting the case.

itle 8, U.S.C. § 1324(a) defines several distinct offenses related to aliens. Subsection 1324(a)(1)(i)-(v) prohibits alien smuggling, domestic transportation of unauthorized aliens, concealing or harboring unauthorized aliens, encouraging or inducing unauthorized aliens to enter the United States, and engaging in a conspiracy or aiding and abetting any of the preceding acts. Subsection 1324(a)(2) prohibits bringing or attempting to bring unauthorized aliens to the United States in any manner whatsoever, even at a designated port of entry. Subsection 1324(a)(3).

Alien Smuggling -- Subsection 1324(a)(1)(A)(i) makes it an offense for any person who -- knowing that a person is an alien, to bring to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien.

Domestic Transporting -- Subsection 1324(a)(1)(A)(ii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law.

Harboring -- Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation.

Encouraging/Inducing -- Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who -- encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.

Conspiracy/Aiding or Abetting -- Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses.

Bringing Aliens to the United States -- Subsection 1324(a)(2) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has not received prior authorization to come to, enter, or reside in the United States, to bring to or attempts to bring to the United States in any manner whatsoever, such alien, regardless of any official action which may later be taken with respect to such alien.

The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), enacted on September 30, 1996, added a new 8 U.S.C. § 1324(a)(3)(A) which makes it an offense for any person, during any 12-month period, to knowingly hire at least 10 individuals with actual knowledge that these individuals are unauthorized aliens. See this Manual at 1908 (unlawful employment of aliens).

Unit of Prosecution -- With regard to offenses defined in subsections 1324(a)(1)(A)(i)-(v), (alien smuggling, domestic transporting, harboring, encouraging/inducing, or conspiracy/aiding or abetting) each alien with respect to whom a violation occurs constitutes a unit of prosecution. Prior to enactment of the IIRIRA, the unit of prosecution for violations of 8 U.S.C. § 1324(a)(2) was each transaction, regardless of the number of aliens involved. However, the unit of prosecution is now based on each alien in respect to whom a violation occurs.

Knowledge -- Prosecutions for alien smuggling, 8 U.S.C. § 1324(a)(1)(A)(i) require proof that defendant knew that the person brought to the United States was an alien. With regard to the other violations in 8 U.S.C. § 1324(a), proof of knowledge or reckless disregard of alienage is sufficient.

Penalties -- The basic statutory maximum penalty for violating 8 U.S.C. § 1324(a)(1)(i) and (v)(I) (alien smuggling and conspiracy) is a fine under title 18, imprisonment for not more than 10 years, or both. With regard to violations of 8 U.S.C. § 1324(a)(1)(ii)-(iv) and (v)(ii), domestic transportation, harboring, encouraging/inducing, or aiding/abetting, the basic statutory maximum term of imprisonment is 5 years, unless the offense was committed for commercial advantage or private financial gain, in which case the maximum term of imprisonment is 10 years. In addition, significant enhanced penalties are provided for in violations of 8 U.S.C. § 1324(a)(1) involving serious bodily injury or placing life in jeopardy. Moreover, if the violation results in the death of any person, the defendant may be punished by death or by imprisonment for any term of years. The basic penalty for a violation of subsection 1324(a)(2) is a fine under title 18, imprisonment for not more than one year, or both, 8 U.S.C. § 1324(a)(2)(A). Enhanced penalties are provided for violations involving bringing in criminal aliens, 8 U.S.C. § 1324(a)(2)(B)(i), offenses done for commercial advantage or private financial gain, 8 U.S.C. § 1324(a)(2)(B)(ii), and violations where the alien is not presented to an immigration officer immediately upon arrival, 8 U.S.C. § 1324(a)(2)(B)(iii). A mandatory minimum three year term of imprisonment applies to first or second violations of § 1324(a)(2)(B)(i) or (B)(ii). Further enhanced punishment is provided for third or subsequent offenses.

Outcome: 05/17/2022 Minute Entry for proceedings held before Judge David S Morales: 2 DAY OF JURY TRIAL as to Jose Luis Gutierrez-Plascencia held on 5/17/2022. Parties agree to final version of Jury Charge. Closing instruction read to the Jury. Each side gives closing arguments. The Jury retires to deliberate. Note 1 received - verdict has been reached. Verdict form is published in open Court. Defense moves to poll the Jury - individual verdicts verified. The Jury is excused. The Court orders that a presentence investigation report be conducted. Sentencing date is announced. The Court hears testimony from Agent Nichols regarding assets listed in the proposed order of forfeiture. A preliminary order of forfeiture is signed. Defense requests to remain on bond pending sentencing; Gvmt objects. The Court allows defendant to remain on bond. Defendant is admonished that sentencing will be held in person. Appearances: Joel Stacey Dunn, Carlos Moctezuma Garcia; USM Nathan Buck, Carlos Marrero.(Digital # 8:31 - 8:34; 8:47 - 9:43; 11:35 - 11:50)(ERO: Nina Avila) (Interpreter: Millie Maccossay and Janis Palma) Deft continued on Bond, filed.(arodriguez, 2) (Entered: 05/17/2022)
05/17/2022 75 Court's Instructions to the Jury as to Jose Luis Gutierrez-Plascencia, filed. (arodriguez, 2) (Entered: 05/17/2022)
05/17/2022 76 Jury Note 1 as to Jose Luis Gutierrez-Plascencia, filed. (arodriguez, 2) (Additional attachment(s) added on 5/17/2022: # 1 Unredacted Note 1) (arodriguez, 2). (Entered: 05/17/2022)
05/17/2022 77 JURY VERDICT as to Jose Luis Gutierrez-Plascencia (1) Guilty on Count 1s-2s, filed. (arodriguez, 2) (Additional attachment(s) added on 5/17/2022: # 1 Unredacted Verdict Form) (arodriguez, 2). (Entered: 05/17/2022)
05/17/2022 78 ORDER for Presentence Investigation and Disclosure & Sentencing Dates as to Jose Luis Gutierrez-Plascencia. PSI Completion due by 6/30/2022 Objection to PSI due by 7/15/2022 Final PSI due by 7/29/2022 Sentencing set for 8/11/2022 at 10:00 AM before Judge David S Morales ( Signed by Judge David S Morales) Parties notified. (arodriguez, 2) (Entered: 05/17/2022)
05/17/2022 79 PRELIMINARY ORDER OF FORFEITURE as to Jose Luis Gutierrez-Plascencia ( Signed by Judge David S Morales) Parties notified. (arodriguez, 2) . (Entered: 05/17/2022)
05/17/2022 80 Trial Exhibits to 74 Exhibit List as to Jose Luis Gutierrez-Plascencia, filed. (Attachments: # 1 Exhibit 7, # 2 Exhibit 8)(arodriguez, 2) (Entered: 05/17/2022)

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Defendant's Experts:

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