A.D. Ibarra

-Eagle Pass

     In a sentencing hearing which lasted approximately twenty minutes, U. S. District Judge Alia Moses heard deliberations from both sides of David Gelacio's trial on behalf of Michael Galdo for the US and Efrain Juarez representing Gelacio as family members as well as federal bailiffs, court reporters and at least two other defendants awaited their turn to face the judge.

     The youthful looking Gelacio himself clean-cut and wearing cuffs, chains and a state issued orange uniform was brought before the judge at approximately 2:23 P.M. and he faced the judge as both Galdo and Juarez approached the bench.  Gelacio seemed to be pacing from side to side in what seemed to be him trying to listen in on the conversation between the two attorneys and a third person present.

     Galdo made his case and addressed the judge for a good amount of time as the noise barrier eerily kept all in the federal courtroom from hearing as Juarez seemed to be pleading his case with animated gestures while shaking his head.

     When the case resumed, Judge Moses asked Gelacio if he had had the opportunity to see the pre-sentence report, whether he had sufficient time to do so, if he had seen the possible consequences with his residency and if he fully understood them to which he replied that he had.

     She asked his counsel if he had done the same citing certain objections Juarez had with various items within the scope of the reports to which he replied that all objections had been clarified before she proceeded to list the guidelines for sentencing which included imprisonment not to exceed five years, 1-5 years probation and a 1-3 year supervisory period.

     When given the opportunity to speak, Gelacio stated, "I want to apologize to the united States and to you Judge.  I know what I did was wrong and I just want to be able to continue to work and become a productive citizen."

     Juarez was quick to point out that according to him, his client had a lack of knowledge of his having dealt with a criminal organization and did not have any connection with any corruption or any criminal activity in Mexico.  He was afraid that this case may lead to his losing his residency and that his client had admitted that he was wrong.

     "He thought he was doing someone a favor and he knows he did wrong, can you please take into consideration that he did not know he was dealing with a criminal organization," stated Juarez.

     "I'm not pleased with the range, Mr. Gelacio and everyone seems to believe it reflects the level of your conduct in this particular case," stated Judge Moses before sentencing him to 12 months in prison as opposed to the nine requested by Galdo, three years probation and as she does not know if it is a deportable offense, she advised him to report to this court three days after he is released if he is not deported.  If he is deported she advised him to not enter the US illegally.

     Gelacio was instructed to pay a $100.00 special assessment fee on this day and was dismissed on counts 1,2 and 3 with no objection coming from the United States.