DACA recipient and another sentenced for scheme involving firearms destined for Mexico

Source: Office of United States Attorneys

McALLEN, Texas – Two men residing in Edinburg have been sentenced for their roles in the straw purchasing of firearms, announced U.S. Attorney Nicholas J. Ganjei.

Mario Elier Leal, 22, and Rodolfo Benitez-Garza, 24, pleaded guilty in 2024.

Chief U.S. District Judge Randy Crane has now ordered Leal to serve a total of 97 months in federal prison, while Benitez-Garza received 18 months. Benitez-Garza must serve three years of supervised release following the completion of his sentence. Lacking status in the United States, Leal is expected to face removal proceedings after serving his prison term.

At the hearings, the court heard additional evidence that described how Benitez-Garza and Jesus Cristo Lopez purchased the firearms on behalf of Leal. Leal would provide the money and advise which firearms he wanted. The court noted 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 discovered a suspected straw purchasing attempt involving Benitez-Garza and Lopez who attempted to obtain three AK-47 variant rifles. Leal was circling the parking lot at that time and had previously visited the same location with Lopez.

The investigation revealed Leal provided the money for the purchases and offered Benitez-Garza and Lopez approximately $300 for their assistance. Both falsely claimed the rifles were for personal use when they were actually intended for Leal.

Evidence revealed Leal had recruited Lopez and directed him to find another individual. Surveillance captured Leal at multiple stores with others suspected of purchasing firearms on his behalf.

Authorities have identified 13 other firearms suspected of being purchased for Leal. As a Deferred Action for Childhood Arrivals recipient, Leal is prohibited from owning a firearm per federal law.

Benitez-Garza was permitted to remain on bond and voluntarily surrender to a Federal Bureau of Prisons facility to be determined in the near future while Leal will remain in custody.

Lopez, 21, is set for sentencing in August.

Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation with the assistance of Mission Police Department. Assistant U.S. Attorney Jose A. Garcia prosecuted the case.