Mexican National Indicted on Illegal Re-entry Charges Faces 5th Removal if Convicted

BIRMINGHAM – A federal grand jury today indicted a Honduran national on illegal re-entry charges, announced U.S. Attorney Jay E. Town and ICE Homeland Security Investigations Assistant Special Agent in Charge for Alabama James G. Hernandez.

A one-count indictment filed in U.S. District Court charges GERARDO FRASCO-GUTIERREZ, 44, with being in the United States illegally on Feb. 10 after having been removed from Texas on four previous occasions. Frasco-Gutierrez was living in Boaz.  Frasco-Gutierrez was first removed in March of 2006.  In 2007, Frasco-Gutierrez was convicted of distributing methamphetamine in Etowah County and subsequently removed in March of 2008 and again in April 2012.  In July of 2016, Frasco-Gutierrez was convicted of illegally reentering the United States in the United States District Court for the Northern District of Alabama and sentenced to 27 months in federal prison.  This arrest marks the fifth time Frasco-Gutierrez has been found within the United States. 

The maximum penalty for illegal re-entry when a prior aggravated felony conviction exists is 20 years in prison and a $250,000 fine.

“Entering the United States without following lawful processes is a federal crime.  Doing it five times is intolerable, especially while dealing poisonous methamphetamine in our District,” Town said.  “Our nation’s laws must be respected, followed, and enforced fully, all elusive concepts for this illegal immigrant.  The federal prison bed this defendant recently left will remain available for his return and we will work hard to ensure his stay behind bars is even longer.”

“The HSI Alabama Team is committed to promoting public safety in both the state of Alabama and the Nation,” Hernandez said.   “HSI, in concert with our state and local partners, tirelessly pursues dangerous criminals threatening our society. We are proud to partner with U.S. Attorney Town in these efforts here in the Northern District of Alabama.”

Immigration and Custom Enforcement’s HSI investigated the cases, which the Assistant United States Attorney Michael Pillsbury is prosecuting.

An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.