May 5, 2009

ALIEN FOUND IN MONTROSE SENTENCED TO FEDERAL PRISON

DENVER – Gerardo Lopez-Garcia, age 32, was sentenced last Friday to serve 46 months (nearly 4 years) in federal prison for unlawful reentry of an aggravated felon, the U.S. Attorney’s Office and Immigration and Customs Enforcement (ICE) officials announced today.  The sentence was pronounced by U.S. District Court Judge Philip Brimmer.  Lopez-Garcia, who appeared in custody, was remanded.

Gerardo Lopez-Garcia was indicted by a federal grand jury in Denver on November 20, 2008.  He pled guilty before Judge Brimmer on February 6, 2009.  He was sentenced on Friday, May 1, 2009.

According to the stipulated facts contained in the plea agreement, as well as information from the indictment, on October 5, 2008, Immigration and Customs Enforcement authorities were notified that Lopez-Garcia, a citizen of Mexico, was in the Montrose County Detention Center.  Subsequent investigation revealed that Lopez-Garcia had previously been deported to Mexico in April of 2004.  Prior to his deportation, the defendant had been convicted in U.S. District Court in New Mexico for possession of more than 100 kilograms of marijuana with intent to distribute.  Thus, Lopez-Garcia, an aggravated felon, had illegally entered into the United States.  Also, Lopez-Garcia had three prior convictions for DUI.

This case was investigated by agents from Immigration and Customs Enforcement (ICE).  The Montrose County Sheriff’s Office also assisted with the investigation.

The case was prosecuted by Assistant U.S. Attorneys Wyatt Angelo and Robert Mydans.

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