Thread: Former customs officer pleads guilty to smuggling charges

Former customs officer pleads guilty to smuggling charges
October 21, 2009 5:52 PM
BY JAMES GILBERT, SUN STAFF WRITER


A former U.S. Customs Officer has pleaded guilty to charges that he helped smuggle illegal aliens into the country through the San Luis Port of Entry.

Jose Carmelo Magana, 46, of Yuma, entered guilty pleas in federal court on Wednesday to charges of attempting to bring illegal aliens into the United States and acceptance of a bribe by a public official.

His sentencing is scheduled for Jan. 19, 2010 in federal court in Phoenix before U.S. District Judge James A. Teilborg.

According to a news release from the U.S. District Attorney's Office, Magana admitted to having participated in an agreement with Brenda Covarrubias, Ana Bertha Calderon, Jesus Gastelum-Rodriguez, Guadalupe Milan de Gastelum and others, to smuggle illegal aliens into the U.S. through his lane at the San Luis Port of Entry in San Luis, Ariz.

Magana also admitted to accepting a bribe to allow Gastelum-Rodriguez and Milan de Gastelum to bring a person the defendants believed to be an illegal alien into the U.S. through his lane without proper inspection on Nov. 13, 2007.

The news release also stated that Magana further admitted that Covarrubias and Calderon collected smuggling fees and paid him to allow them through his lane.

Covarrubias, Calderon, Gastelum-Rodriguez and Milan de Gastelum all previously entered guilty pleas to a charge of conspiracy to bring illegal aliens to the U.S. in the case.

Magana faces a maximum sentence of 10 years in federal prison on the attempting to bring illegal aliens into the country charge. The minimum he could get for it is three years.

The maximum penalty for acceptance of a bribe by a public official is 15 years in prison.

Both charges carry a maximum fine of $250,000 and a term of supervised release of up to three years. In determining an actual sentence, Judge Teilborg will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges.

The judge, however, is not bound by those guidelines in determining a sentence.

The investigation in this case was conducted by the Federal Bureau of Investigation, the Department of Homeland Security Office of the Inspector General, the Drug Enforcement Administration and U.S. Customs and Border Protection.

The prosecution is being handled by Joseph E. Koehler, assistant U.S. Attorney, District of Arizona, Phoenix, Arizona.

James Gilbert can be reached at jgilbert@yumasun.com or 539-6854.


http://www.yumasun.com/news/illegal-536 ... liens.html

Former Customs officer sentenced

January 22, 2010 3:17 PM
BY JAMES GILBERT, SUN STAFF WRITER

A former U.S. Customs officer was sentenced to just over three years in prison for helping smuggle illegal aliens through the San Luis Port of Entry.

Jose Carmelo Magaña, 46, of Yuma, was sentenced Thursday by U.S. District Judge James A. Teilborg to 37 months in federal prison, followed by three years of supervised release.

Magaña also was ordered to pay a $4,000 fine and to forfeit $5,100 to the United States in a companion civil case.

He pleaded guilty Oct. 21 to attempting to bring illegal aliens to the United States and acceptance of a bribe by a public official.

Magaña had served as an officer with U.S. Customs and Border Protection, Office of Field Operations.

As part of his guilty plea, Magaña admitted that he participated in an agreement with co-defendants Brenda Covarrubias, Ana Bertha Calderon, Jesus Gastelum-Rodriguez, Guadalupe Milan de Gastelum and others to smuggle illegal aliens into the U.S. through the lane Magaña staffed at the San Luis port of entry.

Magaña accepted a bribe to allow Gastelum-Rodriguez and Milan de Gastelum to bring a person the defendants believed to be an illegal alien into the United States through his lane without proper inspection on Nov. 13, 2007.

Magaña further admitted that Covarrubias and Calderon collected smuggling fees and routed a portion of those fees back to him in return for his failure to perform his duties as a CBP officer.

Covarrubias, Calderon, Gastelum-Rodriguez and Milan de Gastelum all pleaded guilty to conspiracy to bring illegal aliens to the United States.

Milan de Gastelum received a sentence of time served on Oct. 29. Gastelum-Rodriguez received a sentence of time served on Dec. 7. Both were detained from the date of their arrests, May 12, 2008, through the time of their respective sentencings.

Calderon was sentenced to 15 months in federal prison on Nov. 30. Covarrubias is scheduled to be sentenced on April 26.

The investigation in this case was conducted by the Federal Bureau of Investigation, the Department of Homeland Security Office of the Inspector General, the Drug Enforcement Administration and CBP. The prosecution was handled by Joseph E. Koehler, assistant U.S. attorney, District of Arizona in Phoenix.

“Law enforcement officials must be held to a higher standard of conduct,â€