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March 29, 2023 - SAN DIEGO – Jose Manuel Gonzalez was sentenced in federal court on Monday to 51 months in prison for two unrelated human smuggling incidents - the US DOJfirst of which was committed in 2019 and the second in 2021 while the defendant was on supervised release for the 2019 charges. 

According to his plea agreement, in the late evening of July 5, 2019, Border Patrol agents caught Gonzalez as he was transporting eight individuals in a minivan after they crossed the border illegally from Mexico. Gonzalez was charged with Transportation of Illegal Aliens, granted bail on that offense, and remained out of custody. Agents and the United States Attorney’s Office continued to investigate Gonzalez’ activities. 

After reviewing Gonzalez’ cellphone records around the day of the offense, the prosecution team discovered that Gonzalez was communicating with unknown co-conspirators in Mexico and a “foot guide” who was responsible for guiding the illegal individuals over the U.S.-Mexico border. The purpose of Gonzalez’ communications with the unknown co-conspirators and the “foot guide” was to avoid law enforcement detection.  After further investigation, the U.S. Attorney’s Office added charges alleging that Gonzalez conspired with others to bring aliens into the U.S. for financial gain.

While on bail, on June 18, 2021, Gonzalez was again caught and arrested for transporting 12 illegal aliens in the back of a pickup truck into the United States. Customs and Border Protection agents attempted to stop Gonzalez, but Gonzalez disregarded  emergency lights and sirens and led them on a high speed chase, narrowly avoiding at least one vehicle and a possible head-on collision during the pursuit.  The undocumented individuals remained hidden in the back of the pickup truck as Gonzalez attempted to evade agents during the high-speed chase.  As a result of this incident, Gonzalez was charged with additional counts alleging the transportation of illegal aliens, plus a count alleging that Gonzalez committed the June 18, 2021 acts while Gonzalez was on Court-ordered pretrial release.

U.S. District Judge Gonzalo Curiel sentenced Gonzalez to 36 months on the human smuggling offenses, plus an additional 15 months for committing the June 2021 offense while on pretrial release, for a total of 51 months in prison.  The sentence also included enhanced penalties for the substantial risk that Gonzalez’ high-speed chase caused; the illegal transportation of a minor; and an aggravated role within the transportation cell’s Alien Smuggling activities. 

“This defendant committed the same crime again after he was caught and released on bond,” said U.S. Attorney Randy Grossman. “This case is more proof that human smugglers care only about money and have zero regard for the safety and well-being of their customers. Please, never trust your life to a smuggler.” Grossman thanked the prosecution team and investigating agencies for their excellent work on this case.

“This prosecution is a result of the continued dedication by our agents, and our partners in the U.S. Attorney's office,” said San Diego Border Patrol Sector Chief Patrol Agent Aaron M. Heitke. “We will continue to deliver consequences to the transnational criminal organization operating throughout border region.”

DEFENDANT                                               Case Number 20-cr-03446-GPC                           

Jose Manuel Gonzalez                                    Age: 31                                   Spring Valley, CA

SUMMARY OF CHARGES

Conspiracy, in violation of 18 U.S.C. § 371;

Bringing in Aliens for Financial Gain and Aiding and Abetting, in violation of 8 U.S.C. § 1324(a)(2)(B)(ii);

Maximum penalty: Five years in prison and a $250,000 fine per count, with a mandatory minimum of three years for the counts under § 1324. 

Transportation and Attempted Transportation of Certain Aliens for Financial Gain, in violation of 8 U.S.C. § 1324(a)(1)(A)(ii) and (a)(1)(B)(i);

Maximum penalty: Ten years in prison and a $250,000 fine per count.

AGENCY

U.S. Customs and Border Protection

U.S. Border Patrol

*This case is the result of the ongoing efforts of the Violent Crime and Human Trafficking (VCHT) Section.  Formed in 2019, the VCHT is tasked with leading collaborations between federal and local law enforcement in the investigation and prosecution of cases involving violent crimes, firearms and gang cases; sex trafficking and child exploitation; civil rights, and labor trafficking. The VCHT Section oversees the Southern District of California Coordinators for Project Safe Neighborhoods, Human Trafficking, and Project Safe Childhood. The VCHT Section also provides federal prosecutors to the downtown San Diego Violent Crimes Task Force-Gang Group, the North County Gang Task Force, and the East County Gang Task Force.
Source: DOJ Release