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Date: 08-15-2019
Case Style:
United States of America v. Gildardo Perez-Reyes
Case Number: 1:18-cr-00588
Judge: Rolando Olvera, Jr.
Court: United States District Court for the Southern District of Texas (Cameron County)
Plaintiff's Attorney: Ana Cecilia Cano
Defendant's Attorney: Jesus Ricardo Canales
Description:
Brownsville, TX - Guatemalan Man Sentenced for Transporting a Minor with Intent to Engage in Sexual Activity
A 48-year-old Guatemalan citizen was ordered to federal prison after pleading guilty to multiple crimes.
Gildardo Perez-Reyes pleaded guilty May 13, 2019, to engaging in illicit sexual conduct in foreign places, transporting a minor with intent to engage in criminal sexual activity and possession of child Pornography.
Today, U.S. District Judge Rolando Olvera Jr. sentenced Perez-Reyes to a total of 120 months in prison. Perez-Reyes was further ordered serve 10 years on supervised release following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children and the internet. He will also be ordered to register as a sex offender. Not a U.S. citizen, he is expected to face removal proceedings following the sentence.
On or about April 26, 2018, authorities conducted a traffic stop on a vehicle driving through McAllen. Perez-Reyes was driving and traveling with a minor female. During the stop, law enforcement noticed discrepancies in their statements and discovered the minor female had just been smuggled into the United States illegally.
Perez-Reyes admitted he was aware she was a minor and was involved in a sexual relationship with her. Further, Perez-Reyes also possessed several images and videos of child pornography contained within his cellular phone.
Immigration and Customs Enforcement’s Homeland Security Investigations - Rio Grande Valley Child Exploitation Task Force conducted the investigation.
Assistant U.S. Attorneys Ana Cano and Jason Corley prosecuted the case, which was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Outcome: 08/14/2019 Minute Entry for proceedings held before Judge Rolando Olvera: Appearances: Ana Cecilia Cano AUSA, Jesus Ricardo Canales retained.(Court Reporter: Sheila Perales) (Interpreter: C. Pontes) SENTENCING held on 8/14/2019 as to Gildardo Perez-Reyes. Dft sworn in. Dft's objections to PSR withdrawn. Court adopts PSR. Court SENTENCED Dft Gildardo Perez-Reyes (1), Counts 1, 5, 6, 7 and 8, Dismissed by Govt.; Count 2, 3 and 4 to 120 months BOP with 10 years SRT all counts concurrent with each other. Dft will not travel outside of the United States without permission from the United States Probation Office. Dft must comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. § 16901, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which you reside, work, are a student, or were convicted of a qualifying offense. Dft must participate in a mental health treatment program and/or sex offender treatment program provided by a Registered Sex Offender Treatment Provider, which may include but not be limited to group and/or individual counseling sessions, Abel Screen, polygraph testing and/or psychophysiological testing to assist in treatment and case monitoring administered by the sex offender contractor or their designee. Further, Dft must participate as instructed and will abide by all policies and procedures of the sex offender program, until such time as you are released from the program. The probation officer, in consultation with the treatment provider, will supervise Dfts participation in the program, including the provider, location, modality, duration, and intensity. Dft will incur costs associated with such sex offender treatment program and testing, based on ability to pay as determined by the United States Probation Officer. Dft shall waive his right of confidentiality in any records for mental health treatment imposed as a consequence of this judgment to allow the supervising United States Probation Officer to review Dfts course of treatment and progress with the treatment provider. If requested by the mental health provider, the Court authorizes the United States Probation Officer to provide pertinent information from the presentence investigation report and any information available from mental health evaluations that are in the possession of the probation officer. Dft must not reside, work, access, or loiter within 100 feet of school yards, playgrounds, arcades, or other places primarily used by children under the age of 18, or where children may frequently congregate, unless approved in advance in writing by the United States Probation Officer. Dft must not seek or maintain employment, supervise, volunteer, or participate in any program and/or activity where minors under the age of 18 would congregate, without prior written approval of the United States Probation Officer. This would include athletic, religions, volunteer, civic, or cultural activities designed for minors under the age of 18. Dft must not have direct contact with any child Dft knows or reasonably should know to be under the age of 18, [including][not including] Dfts own children, without the permission of the probation officer. If Dft does have any direct contact with any child Dft knows or reasonably should know to be under the age of 18, [including][not including] Dfts own children, without the permission of the probation officer, Dft must report this contact to the probation officer within 24 hours. Direct contact includes written communication, in-person communication, or physical contact. Direct contact does not include incidental contact during ordinary daily activities in public places. Dft must not date or cohabitate with anyone who has children under the age of 18, unless approved in advance in writing by the United States Probation Officer. Dft must not view or possess any visual depiction (as defined in 18 U.S.C. § 2256), including any photograph, film, video, picture, or computer or computer- generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct (as defined in 18 U.S.C. § 2256).Dft must not subscribe to any computer online service, nor shall Dft access any Internet service during the length of Dfts supervision, unless approved in advance in writing by the United States Probation Officer. Dft may not possess Internet capable software on any hard drive, disk, floppy disk, compact, disk, DVD, diskette, magnetic tape, or any other electronic storage media, unless specifically approved in advance in writing by the United States Probation Officer. Dft must not possess and/or use computers (as defined in 18 U.S.C. § 1030(e)(1)) or other electronic communications or data storage devices or media. Dft must not access the Internet except for reasons approved in advance by the probation officer. Dft must have no contact with the victim, or the victim's family, including letters, communication devices, audio or visual devices, visits, or any contact through a third party, without prior written consent of the United States Probation Officer. Dft is a Resident Alien who will likely be subject to deportation proceedings upon release from custody. Dft must surrender to U.S. Immigration and Customs Enforcement and follow all their instructions and reporting requirements until any deportation proceedings are completed. If Dft is ordered deported from the United States, you must remain outside the United States unless legally authorized to reenter. If you reenter the United States, you must report to the nearest probation office within 72 hours after you return. Dft must cooperate in the collection of DNA if its authorized by law. Court waives Fine. Special Assessment $300.00 remitted. Court finds the Dft indigent and waives the Additional Special Assessment of $15,000.00 ($5,000.00 for each count). Court recommends BOP place Dft in a facility near Palm Springs, CA, and allow Dft to participate in 500 hour drug program. Deft remanded to USM, filed. (12:15-12:31 pm) Modified on 8/14/2019 (sespinoza, 1). (Entered: 08/14/2019)
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