Alien Indicted for Re-Entering the United States and Illegal Possession of a Firearm

INDIANAPOLIS—Manuel De Jesus Martinez Aguilar, 39, of Honduras, was indicted for illegal re-entry into the United States after having been removed, and for possession of a firearm by an alien illegally or unlawfully in the United States, announced Timothy M. Morrison, U.S. Attorney, Southern District of Indiana, following an investigation by the Federal Bureau of Investigation, United States Immigration and Customs Enforcement and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The indictment alleges that Aguilar was deported from the United States on or about June 14, 2000, from Houston, Texas, to Honduras after having been found inside the United States unlawfully. On April 29, 2010, Aguilar was found in Posey County, Ind., after he was observed by federal agents purchasing firearms. Aguilar had not received permission to re-enter the United States from the Attorney General or Secretary of Homeland Security after his deportation.

The indictment also alleges that Aguilar unlawfully possessed firearms as a person illegally in the United States.

According to Assistant U.S. Attorney Todd S. Shellenbarger, who is prosecuting the case for the government, Aguilar faces a maximum sentence of two years in prison for re-entering the United States after having been removed and 10 years in prison for possession of a firearm by an alien illegally or unlawfully in the United States and a maximum fine of $250,000. An initial hearing will be scheduled before a U.S. Magistrate Judge.

An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.