(The Center Square) – Two men living in the Texas border town of Edinburg have been sentenced for their role in straw purchasing firearms related to a scheme involving running guns to Mexico.
Referred to as “don’t lie for the other guy,” a straw arm purchase prohibits the transfer of a firearm to someone who is legally prevented from owning one.
Edinburg residents Mario Elier Leal, 22, and Rodolfo Benitez-Garza, 24, pleaded guilty in 2024 and received sentences announced on Tuesday.
Chief U.S. District Judge Randy Crane ordered Leal to serve 97 months in federal prison and Benitez-Garza 18 months.
In 2022, Congress passed the Bipartisan Safer Community Act to increase the maximum penalty for straw purchasing to 15 years in prison and a $250,000 fine and up to 25 years in prison if the weapon is used to commit a felony, in an act of terrorism, or a drug trafficking crime.
Benitez-Garza was also required to serve three years of supervised release following the completion of his sentence. However, he was allowed to “remain on bond and voluntarily surrender to a Federal Bureau of Prisons facility to be determined in the near future,” according to the Office of the U.S. Attorney for the Southern District.
The case involved Benitez-Garza working with another individual, Jesus Cristo Lopez, to purchase firearms on behalf of Leal. Leal provided the money and advised them on which firearms he wanted purchased, which were later being transported to Mexico, according to the court documents.
The court noted that “Leal was aware the firearms were to be transported into Mexico, that he played a significant role in recruiting others to purchase firearms on his behalf and could be described as a coordinator.”
On July 12, 2024, authorities were able to interdict a suspected straw purchase to obtain three AK-47 variant rifles involving Benitez-Garza and Lopez. “Leal was circling the parking lot at that time and had previously visited the same location with Lopez,” authorities said.
An investigation found that Leal offered Benitez-Garza and Lopez $300 for straw arm purchases. When purchasing the weapons, they falsely claimed the rifles were for personal use when they were instead being purchased for Leal. Investigators also found that Leal recruited Lopez and directed him to find another person to help in the scheme.
“Surveillance captured Leal at multiple stores with others suspected of purchasing firearms on his behalf,” investigators said.
Authorities also identified 13 other firearms suspected of being purchased for Leal.
Leal was paying others to purchase firearms for him because he is a Deferred Action for Childhood Arrivals recipient. Federal law prohibits DACA recipients from owning a firearm.
Former President Barack Obama created DACA via executive order to shield children from deportation who were brought into the country illegally by their parents. The program has been in litigation since 2012. The Fifth Circuit again ruled the program was illegal in January, The Center Square reported.
While Benitez-Garza was allowed to remain on bond, Leal remains in custody. “Lacking status in the United States, Leal is expected to face removal proceedings after serving his prison term,” the U.S. Attorney’s Office said.
Leal is among thousands of DACA recipients who are convicted criminals. Prior to committing crimes in the U.S., within the first five years of the program, nearly 80,000 DACA recipients were released into the U.S. with arrest records, The Center Square reported.
Texas and multiple states have sued to end DACA; multiple attorneys general have also called on the president to deport DACA recipients, an issue he’s flip-flopped on, The Center Square reported.
