Former Border Patrol Agent Sentenced for Smuggling

Jose Olivas Jr., a former Border Patrol agent, was sentenced Friday to three years in federal prison.^[1] Prosecutors said that as a border agent Olivas befriended a member of the ring and was eventually drawn into the smuggling, serving as a scout when he was off duty.^[2] It was asserted that Olivas helped smuggle more than 100 people into the United States and shared internal documents with leaders of the smuggling ring.^[3]

He also shared agency intelligence on one of the ring’s leaders, Maria del Pilar Fierro Herrera and helped her buy a car used in the smuggling; he allowed another member of the ring to use his birth certificate to obtain a U.S. driver’s license.^[4]

Mr. Olivas, who pleaded guilty in October under an agreement with the government, netted about $1,200 to $2,400, baffling Judge Barry Ted Moskowitz of United States District Court, who questioned why the agent would jeopardize his 10-year career for such a relatively small amount.^[5]

Prosecutors had requested a sentence of just under three and a half years, but the judge said he shortened it to three years, plus three years probation, in light of Mr. Olivas’s otherwise clean record and his 16-year record of service with the Army.^[6]

The crime of transporting illegal aliens has been previously discussed in Douglas McNabb's transnational crimes blog, here. The punishment for a violation of section 8 U.S.C. § 1324(a)(1)(B)(ii). is a fine, imprisonment for up to 5 years or both,^[7] unless the violation is done for commercial advantage or private financial gain, in which case the penalty is a fine, imprisonment for up to 10 years, or both.^[8]

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^[1] Randal C. Archibold, Border Patrol Agent Sentenced for Role, The New York Times, January 19, 2008, available at http://www.nytimes.com/2008/01/19/us/19border.html?ref=us (last visited January 19, 2008).
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] 8 U.S.C. § 1324(a)(1)(B)(ii)(2008)
^[8] Id. § 1324(a)(1)(B)(i).