Southern District of Texas

HOUSTON - Daniel Lee Marshall, 45, of Conroe, has entered a plea of guilty to possession of a firearm by a convicted felon, announced U.S. Attorney Kenneth Magidson.

The investigation into Marshall began after authorities received a complaint from former U.S. Navy Seal Marcus Luttrell regarding a possible stolen firearm. Marshall had ingratiated himself to Luttrell’s family by falsely posing as a decorated former special forces operator. Lutrell later discovered one of his pistols was missing and believed Marshall was responsible.  

That investigation led to the discovery that Marshall had a prior felony conviction in Brazoria County for forgery and is, therefore, prohibited from possessing a firearm.

On April 6, 2014, law enforcement executed a search warrant at Marshall’s residence in Conroe, at which time he was taken into custody. Upon that arrest, authorities discovered several firearms. Today, Marshall admitted he illegally possessed a .223 caliber semi-automatic rifle and a Mossberg, 12 gauge semi-automatic shotgun.

U.S. District Judge Gray H. Miller, who accepted the guilty plea, has set sentencing for Dec. 18, 2014. At that time, he faces up to 10 years in federal prison and a possible $250,000 fine. He was permitted to remain on bond pending that hearing.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated with the assistance of the Walker County Sheriff’s Department. Assistant U.S. Attorneys John Jocher and Jim McAlister are prosecuting. 

CORPUS CHRISTI, Texas - Guatemozin Garcia, 59, of Alice, has pleaded guilty to fraudulently receiving Social Security disability benefits, announced U.S. Attorney Kenneth Magidson.

Garcia began receiving benefits from the Social Security Administration (SSA) after reporting he was unable to work as a result of disorders of the back. However, the investigation revealed that numerous individuals had regularly paid Garcia to prepare gravesites for funeral services during the time of his alleged disability. Specifically, Garcia would physically dig graves using a tractor and shovel, set up and take down tents, chairs and artificial grass used during the services. He would also perform other tasks as directed. Law enforcement later witnessed Garcia performing the described tasks.   

At today’s hearing before U.S. Magistrate Judge Jason B. Libby, Garcia admitted he concealed all of his work activity from January 2008 until October 2013. As a result of the fraud, Garcia and his dependents received $148,043.70, in Social Security Retirement Survivors Disability Insurance Program benefits to which they were not entitled.

Social Security disability benefits are paid from the Disability Trust Fund to disabled persons who meet eligibility requirements. Other persons, such as the beneficiary’s spouse and minor children, may also be entitled to SSA benefits because of the disability of a wage-earner. The amount paid, on a monthly basis, is dependent on the wage-earner’s previously paid taxes, whether the wage earner is alive or deceased and whether Part B Medicare premiums are withheld.

Sentencing has been set for Dec. 12, 2014. At that time, Garcia faces up to five years in federal prison and a possible $250,000 fine.

The case was investigated by SSA - Office of the Inspector General. Assistant U.S. Attorney Robert D. Thorpe Jr. is prosecuting. 

LAREDO, Texas – Joe Adam Vega, 25, has entered a guilty plea to two counts of Impeding agents at the Border Patrol checkpoint just north of Laredo for refusing to comply with instructions, announced U.S. Attorney Kenneth Magidson. Vega, of Greenville, pleaded guilty in Laredo federal court yesterday afternoon.

According to court records and statements made at yesterday’s proceeding, Vega arrived at the checkpoint on July 29, 2014. Agents directed Vega to move away from the primary inspection lane and drive to the secondary inspection area after a canine had alerted to the presence of drugs or hidden persons in the vehicle's trunk. He refused.

He was ordered to move several times by the agent and a supervising agent. He continued to refuse. He said he wanted to go on his way without permitting the additional inspections. Agents warned him that he would be arrested for violations of impeding federal officers if he did not move as directed. He again insisted that he wanted to drive away without inspection.

His passenger locked the driver's door and attempted to roll up the car's windows. Agents forcibly removed both occupants from the vehicle and arrested them.

Sentencing has been set for Dec. 3, 2014, at which time he faces up to a year in prison and/or a possible $100,000 fine.

The case was investigated by Border Patrol and Homeland Security Investigations. Assistant U.S. Attorney Raul Guerra is prosecuting.