Press Statement
U.S. Department of Justice
Sacramento, CA
May 13, 2010

Benjamin B. Wagner, United States Attorney
Eastern District of California

United States Attorney Benjamin B. Wagner announced today that a federal grand jury returned a four-count indictment charging Enrique Fonseca Martinez, 53, of Stockton, with passport fraud, aggravated identity theft, illegal reentry into the United States and being a felon in possession of a firearm.

This case is the product of a joint investigation by the United States Department of State, Diplomatic Security Service, the Bureau of Alcohol Tobacco, Firearms and Explosives, the Drug Enforcement Agency, U.S. Immigration and Customs Enforcement, the Stockton Police Department, and the San Joaquin Sheriff’s Department. Assistant United States Attorney Michael D. Anderson is prosecuting the case.

The indictment alleges that Fonseca Martinez applied for a passport in an assumed name after illegally reentering the United States after being deported following a federal drug trafficking conviction. When found, Fonseca Martinez was in possession of a firearm.

If convicted, Fonseca Martinez faces a maximum sentence of 10 years in prison for passport fraud, two years in prison for aggravated identity theft, 10 years in prison for illegal reentry into the United States, and 10 years in prison for felon in possession of a firearm. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

The charges are only allegations and the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

Lauren Horwood