Thursday, November 19, 2020

Former felon imprisoned again for failing to report as sex offender in Texas

 BROWNSVILLE – A 60-year-old resident of Brownsville has been ordered to federal prison following his conviction of failure to register as a sex offender as required under the Sex Offender Registration and Notification Act (SORNA), announced U.S. Attorney Ryan K. Patrick.

Albert Frank Garza pleaded guilty Sept. 2.

Today, U.S. District Judge Rolando Olvera ordered Garza to serve 24 months in federal prison. He was further ordered to serve two years on supervised released following completion of his prison term, during which he will have to comply with numerous requirements designed to restrict his access to children and the internet. He will also again have to register as a sex offender.

Garza is a twice-convicted sex offender. He was convicted of first degree sexual abuse with a child under the age of 12 in 1980 and again just three years later for indecent liberties with a child under the age of 14. He received respective sentences of 48 months and 10 years in prison.

As a sex offender, he is required under SORNA to register as a sex offender every year. If he relocates, he is required to register in the new jurisdiction within three days after arrival.  

Previously residing in Colorado, he had registered as a sex offender until May 30, 2014. At that time, he signed and dated an annual form acknowledging a follow-up date of June 1, 2015. However, he failed to register in 2015 as required.

In fact, he never registered as a sex offender again, and his whereabouts were unknown until 2019.  

On Sep. 24, 2019, local authorities arrested Garza for failure to identify and possession of a controlled substance. At the time of his arrest, Garza used the fictitious name of Martin Infante Garcia and indicated he was homeless. A street outreach advocate at a local homeless shelter recognized his photo and identified him as someone who visited the shelter daily for breakfast from April 2019 through June 2019.

Although Garza resided in Texas from at least April 2019 until the date of his arrest in September, he failed to register within the required three days of his arrival.  

He has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

The U.S. Marshals Service conducted the investigation. Assistant U.S. Attorney Nikki Piquette prosecuted the case.  

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