Texas Man Gets Five Years in Prison for Third Human Smuggling Conviction
(CNSNews) – Texas resident Eric Mendiola was sentenced this month by a judge in the U.S. District Court for the Southern District of Texas to five years in prison, followed by two years of supervised release, after he pleaded guilty to human smuggling for the third time.
An affidavit attached to the criminal complaint that was filed with the court by a special agent with Homeland Security Investigations (HIS) explained the situation leading to Mendiola’s arrest.
On March 20, 2022 at around 11:15 p.m., a “blue tractor hauling a white trailer” arrived at a Border Patrol checkpoint on Highway 77 near the town of Sarita, Texas. When a Border Patrol agent asked Mendiola what was in the trailer, Mendiola informed the agent that he was “hauling broccoli.”
After a service canine named “Tommy” alerted the Border Patrol agents to the trailer, Mendiola and the two passengers with him (who he said were his “wife and daughter”) were instructed to step outside of the vehicle while the agents inspected his trailer.
In the trailer, according to the affidavit, a “total of 31 subjects were found on top and between pallets of broccoli.”
“The temperature inside the trailer was recorded at 41 degrees according to the thermometer on the reefer,” the affidavit said. “All the subjects appeared noticeably cold and were shivering due to being inside the refrigerated trailer.”
After each of the 31 subjects was “questioned and determined to be illegally present in the United States,” the border patrol agents arrested Mendiola as well as the aliens he had been smuggling.
The affidavit filed on March 22 also includes a brief description of each of Mendiola’s two prior arrests:
“On 8/23/2016, MENDIOLA was arrested at the Falfurrias Border Patrol Checkpoint for attempting to smuggle undocumented aliens. MENDIOLA was subsequently convicted and sentenced to 12 months and 1 day BOP.
“On 03/10/2019, MENDIOLA was arrested at the Javier Vega Jr. Border Patrol Checkpoint for attempting to smuggle undocumented aliens. MENDIOLA was subsequently convicted and sentenced to 12 months BOP.”
Mendiola "pleaded guilty to illegally transporting undocumented aliens within the United States" on May 23, 2022, according to a statement released by the U.S. Attorney for the Southern District of Texas.
On August 17, 2022, Mendiola was given the maximum sentence of 60 months followed by two years of probation for human smuggling, according to a press release published that day by the U.S. attorney.
“At the hearing, the court heard additional evidence that this is Mendiola’s third conviction for smuggling humans,” said the U.S. attorney’s release.
“In handing down the sentence,” said the release, “the court noted the manner in which Mendiola transported individuals.”
“At the time of his plea, Mendiola admitted that on March 20, Mendiola drove a tractor trailer into the Border Patrol checkpoint near Sarita,” it said. “At inspection, A K-9 soon alerted authorities to the presence of concealed humans. Law enforcement opened the doors of the trailer and discovered individuals hiding behind a load of produce.
“In the trailer were 31 undocumented aliens--19 from Mexico; five, four and two from Columbia, Guatemala and El Salvador, respectively; as well as one Honduran national. All were determined to be in the United States illegally. In addition, the temperature inside the refrigerated trailer was 41 degrees Fahrenheit.”
“Mendiola will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future,” it said.
Third conviction is good for five years? That's preposterous. He has been caught three times, presumably got away with it other times. The first time was only a one year sentence, the second was only 1 year, and there is no indication that he actually served a full year in prison for either conviction.
IMO, the first conviction should have been good for 5 years, the second 10 years, and this, the third, should be no less than 20 years in prison. Forget about "good time", serve the entire sentence, day-for-day.
No matter your thoughts and opinions on immigration, you've surely read of trailers loaded with people who were left to die under the Texas sun. But, lawmakers are willing to tolerate the ongoing carnage at the border.
https://www.texastribune.org/2022/06/27/bodies-18-wheeler-san-antonio-lackland/
(Score: -1, Troll) by BiggusDickus on Sunday August 21 2022, @11:54AM (11 children)
And what is the penalty for illicit journal entries, and not allowing for the fact that more than half of the Soylentil Community has be exiled, sent adrift, so racists anti-semites like Runaway can keep pulling his, and Ethanol_funneled's, pud. Count me out.
(Score: -1, Offtopic) by Anonymous Coward on Sunday August 21 2022, @12:33PM (2 children)
Despite your huge ego, one person does not constitute half of the Soylentil community, ari.
(Score: 0, Spam) by LittleWing on Monday August 22 2022, @06:11AM (1 child)
Who is this "ari", and why he so big?
(Score: -1, Offtopic) by Kruger-Dunning-aristarchus on Monday August 22 2022, @09:24AM
One identified by janrinok, obviously.
(Score: 2) by janrinok on Sunday August 21 2022, @02:59PM (7 children)
Oh, are you going to leave again?
Nobody has been exiled. Anybody can create a genuine account, use it as is intended and comment by name or as AC, in any comment or discussion. The fact that this appears to be beyond you is hardly the fault of anyone on this site.
As Martyb stated at the opening of the Decision - 'Actions have Consequences'. This is entirely the result of your actions to prevent anyone else from using this site as they wish.
(Score: 0) by Anonymous Coward on Sunday August 21 2022, @06:15PM
:-) Nonsense, only the admins can do that, unless his actions include hacking the site...
The decision to block real ACs, no matter how agreeable it may or may not be, is and always will be yours. You execute the command. You are the executor, executive, executioner
(Score: 1, Redundant) by GL500 on Sunday August 21 2022, @08:34PM (5 children)
Easy to say about all those pure ACs who can no longer post. Not to mention those who are unable to get a "legitimate" account. And even with all this, Runaway is getting spanked in his own journal again.
(Score: 0) by Anonymous Coward on Sunday August 21 2022, @09:18PM
How many accounts do you have ari?
(Score: 0) by Anonymous Coward on Sunday August 21 2022, @09:21PM (3 children)
Have you run out of dead Greek's names? You can worship me, instead of some dead Greek god on Mt Olympus.
(Score: 0, Spam) by Silverwing500 on Monday August 22 2022, @01:30AM (2 children)
More likely to stuff you and Runaway in the back of a reefer, on the promise of a free illegal ride to a Trump rally, and Oaf Keepler event.
(Score: 0) by Anonymous Coward on Monday August 22 2022, @02:05AM (1 child)
How nice. Aristarchus can't stop thinking of me.
(Score: -1, Spam) by Silverwing500 on Monday August 22 2022, @05:41AM
Only in connection with broccoli, and other vegetables. Illegal vegetables, crossing an invisible line, in a truck.
(Score: 2, Troll) by Anonymous Coward on Sunday August 21 2022, @03:36PM (3 children)
I for one would be willing to pay a bit more for broccoli that was certified immigrant free.
(Score: -1, Redundant) by Anonymous Coward on Sunday August 21 2022, @04:30PM
No hope for those with no sense of humor. (parent modded -1 Troll as of this post).
(Score: 1, Funny) by Anonymous Coward on Sunday August 21 2022, @04:51PM
Brad Beetlebaum's Broccoli is certified GMO free, pesticide free, herbicide free, immigrant free, sugar free, caffeine free, fat free, and cholesterol free. We ship daily, generally delivers in two days, prices starting at $US 388/ton. Shipping rates vary, by truck (2 days on continental US), by rail (2 weeks to 2 months on continental US), or by air (usually overnight anywhere in the world). Complimentary package of fresh horseradish with every order over ten tons! Complimentary 256 GB USB Rubber Ducky drive with every order over 50 tons!
(Score: 2) by DannyB on Monday August 22 2022, @02:03PM
I would like the broccoli that is immigrant free to also be free range broccoli.
While Republicans can get over Trump's sexual assaults, affairs, and vulgarity; they cannot get over Obama being black.
(Score: 2, Interesting) by khallow on Monday August 22 2022, @12:39PM (18 children)
I'm not seeing that. He's just the driver. Whoever organized this probably already has plenty of other drivers with the necessary mixture of need and greed. We don't need to pack our jails with this crap.
Here's my take on a genuine solution:
(Score: 2) by Freeman on Monday August 22 2022, @05:04PM (15 children)
Ending the war on drugs would "cripple" them about as much as it would "cripple" Microsoft, if the US government gave them a giant pile of money and said, have at it.
Joshua 1:9 "Be strong and of a good courage; be not afraid, neither be thou dismayed: for the Lord thy God is with thee"
(Score: 1) by khallow on Monday August 22 2022, @09:13PM (14 children)
I guess you never heard of people shipping stuff legally by truck before? It surprised me too to find out that all those trucks on the road were shipping contraband legally by road, and get this, the contraband wasn't really contraband.
More seriously, consider what happens when people can do this stuff legally and above board without having to dodge the law or other smugglers. Criminal enterprise can't compete with that.
(Score: 0) by Anonymous Coward on Monday August 22 2022, @11:18PM (13 children)
Sure they can, they go "legit" and chase off the competition through the usual methods, arson, extortion, kidnapping. We even have avocado cartels now. Capitalism, babe, criminals dreamland
(Score: 1) by khallow on Tuesday August 23 2022, @12:29AM (12 children)
Sure they can. How well is that working for them in the marijuana industry?
(Score: 1, Touché) by Anonymous Coward on Tuesday August 23 2022, @04:05AM (11 children)
Just fine, they run dispensaries now. They still own the liquor industry too, and tobacco, agriculture, banking, etc... capitalism was made by criminals, for criminals
(Score: 2, Funny) by khallow on Tuesday August 23 2022, @04:24AM (10 children)
In other words, they're not criminals. You're just salty.
(Score: 0) by Anonymous Coward on Tuesday August 23 2022, @06:29PM (9 children)
In your words, they're not criminals, but in reality they are. Capitalism is a criminal system, designed to facilitate criminal action. Read up on Chinese money laundering and the Mexican cartels. Pure capitalism all the way down
(Score: 1) by khallow on Wednesday August 24 2022, @01:10AM (8 children)
In law as well.
The key aspect of capitalism is private ownership of property and the ability to trade said property. How is that criminal?
(Score: 1) by khallow on Wednesday August 24 2022, @01:23AM
(Score: 0) by Anonymous Coward on Wednesday August 24 2022, @07:17PM (6 children)
Written by criminals, elected ones at that! I guess everybody's looking for a piece of the action
to defeat the accountants, cheat on debts owed, launder money, maintain a secular caste system.
But really, all systems are capitalist, everybody has to make deals, even those dirty commies. There is nothing but capitalism, all the way down
(Score: 1) by khallow on Wednesday August 24 2022, @11:00PM (5 children)
(Score: 0) by Anonymous Coward on Thursday August 25 2022, @03:50AM (4 children)
Yes, what was once illegal is now legal, so what? It was criminals that made it illegal to begin with.. It's called the Substance Control Act for a reason. They just want to control the market through their crime families
(Score: 1) by khallow on Thursday August 25 2022, @04:44AM (3 children)
Again, not constructive given your broad definition of what a criminal is.
(Score: 0) by Anonymous Coward on Thursday August 25 2022, @05:10PM (2 children)
No, your narrow description defines crime by the actor, not the action. Congress members are allowed to commit criminal acts the general public is not permitted. Just because it's legal for them doesn't make them any less criminal. The law doesn't define crime, it only enumerates who can commit the act.
(Score: 1) by khallow on Thursday August 25 2022, @05:31PM (1 child)
By definition it does do that.
(Score: -1, Troll) by Vasabhandu on Monday August 29 2022, @07:56AM
khallow is why I never post, anymore. Such a waste of time to argue with one so ignorant, and ignorant of his own ignorance. Unless it was Runaway. In fact, isn't this where we are, for exactly these reasons? What a waste of words, and electrons to represent the words.
(Score: 2) by DeathMonkey on Tuesday August 23 2022, @07:35PM (1 child)
With the exception of the Drug War these are all already true.
(Score: 1) by khallow on Wednesday August 24 2022, @01:20AM
The one about green cards is not already true. Nor is the one about employers. I grant the remaining two.
(Score: 2) by DannyB on Monday August 22 2022, @02:09PM (3 children)
If illegal immigrants are being smuggled and have paid their fair fare, they should be entitled to a comfortable climate controlled ride across the border.
With WiFi included.
While Republicans can get over Trump's sexual assaults, affairs, and vulgarity; they cannot get over Obama being black.
(Score: 0) by Anonymous Coward on Monday August 22 2022, @02:26PM (1 child)
> With WiFi included.
If the hypothetical WiFi connects through a cell hot spot, then TSA will be tracking these illegal immigrants...
(Score: 2) by DannyB on Wednesday August 24 2022, @01:49PM
If either mobile Starlink or cellular hotspot is used, it could be for legitimate reasons.
The only effective counter to this would be for CBP to use specially trained dogs that can sniff out WiFi signals which are used for smuggling porpoises.
While Republicans can get over Trump's sexual assaults, affairs, and vulgarity; they cannot get over Obama being black.
(Score: 2) by krishnoid on Monday August 22 2022, @05:29PM
Just wait until they make it to their destination in Chicago or further north. They'll be hanging out in broccoli trucks on their breaks just to warm up.
(Score: 0, Troll) by SeverusHostilus on Friday August 26 2022, @08:47AM
Could it be, that Runaway is both a Trumpish Republican, and so hates immigrants, and a racist, and also after the mold of the Elder Bush, who famously banned broccoli from the Whitehouse kitchen during his (one) term?
(Score: 0, Spam) by MofoBeta on Saturday August 27 2022, @07:11AM
Runaway only wishes he could get such a free ride to some paying work. Color of his skin means nothing, only, he is white, sort of, and he should have privilege, since this is "his" country. How the hell did Polacks come to own the country? According to Hitler, they are not even aryan at all! Eth? Opinion?
(Score: -1, Troll) by Vasabhandu on Monday August 29 2022, @07:53AM
If Runaway's name was "Sam", could we get him across the boarder without a visa? Not saying which way he might be going, but I hear the boy has a good set of kidneys, only needs one, and likes to play the tables in Vegas. Just saying. Broccoli got nothing on him! \