SAN FRANCISCO – A federal grand jury indicted Jose Inez
Garcia-Zarate today for being a felon in possession of a firearm and
ammunition, and for being an illegally present alien in possession of a firearm
and ammunition, announced United States Attorney General Jefferson B. Sessions;
United States Attorney Brian J. Stretch from the Northern District of
California; and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
Special Agent in Charge Jill Snyder.
According to the indictment, on July 1, 2015, Garcia-Zarate,
a citizen of Mexico who reportedly is 47 years old, possessed a semi-automatic
pistol and multiple rounds of ammunition in violation of 18 U.S.C. § 922(g)(1)
(felon in possession of a firearm) and 18 U.S.C. § 922(g)(5) (unlawfully
present alien in possession of a firearm).
An indictment merely alleges that a crime has been
committed and Garcia-Zarate, like all defendants, is presumed innocent until
proven guilty beyond a reasonable doubt. Garcia-Zarate currently is in state
custody on other charges. If convicted
of either violation of 18 U.S.C. § 922(g), Garcia-Zarate faces a maximum
statutory penalty of 10 years in prison.
However, any sentence will be imposed by the court only after consideration
of the U.S. Sentencing Guidelines and the federal statute governing the
imposition of a sentence, 18 U.S.C. § 3553.
Assistant United States Attorneys Hallie Hoffman and Shiao
Lee are prosecuting this case. This case
is the result of an investigation by the ATF.
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