ICE Rio Grande Valley investigation results in the sentencing of convicted human smuggler for possessing images of sexual assaults of young children

McALLEN, Texas — A south Texas man was sentenced to 20 years for possessing images of sexual assaults of prepubescent children following an investigation conducted by U.S. Immigration and Customs Enforcement Homeland Security Investigations Rio Grande Valley Child Exploitation Task Force with assistance from U.S. Border Patrol, Raymondville Police Department and Willacy County Sheriff’s Office.

Jose Rodriguez Jr, 44, from Lyford, Texas, was sentenced July 16 by U.S. District Judge Drew Tipton to 240 months. At the hearing, the court heard additional information detailing Rodriguez’s prior conviction of aggravated sexual assault of a child. In handing down the prison term, the court noted Rodriguez’s conduct in that case, which involved tying up his 9-year-old victim before attempting to sexually assault her and tying up an 8-year-old witness, was a consideration for an upward departure. The court also heard Rodriguez downloaded child pornography files on 20 separate occasions, beginning only six months after he was released from his 13-year sentence for the aggravated sexual assault of a child conviction. The court noted the need to protect the public from Rodriguez’s crimes and highlighted that Rodriguez had a complete lack of remorse for his actions.

“Homeland Security Investigations remains unwavering in its mission to protect children from exploitation. This 240-month sentence demonstrates the severe consequences for those who engage in child pornography crimes. HSI will continue to work with our partners to ensure offenders are brought to justice and vulnerable victims are safeguarded,” said ICE HSI Rio Grande Valley Deputy Special Agent in Charge Mark Lippa.

“Those who sexually assault children, possess child sexual abuse material, or smuggle human beings like some sort of commodity, are all imbued with a common trait:  total disdain for the inherent value and dignity of a human being. The defendant here had a history of doing all three,” said U.S. Attorney Nicholas J. Ganjei. “Fortunately, SDTX prosecutors were successful in advocating for the maximum possible sentence in this case, that of 20 years, so Mr. Rodriguez will now have two decades to reflect on his conduct. I thank the jury for their time and attention in this important case.”

The jury deliberated for approximately 15 minutes before finding Jose Rodriguez Jr. guilty after a one-day trial April 15.

According to court documents, Rodriguez was further ordered to pay restitution to known victims and will serve the rest of his life on supervised release following the completion of his prison term. During that time, he will have to comply with numerous requirements designed to restrict his access to children and the internet. Rodriguez will also be ordered to register as a sex offender.

Law enforcement originally arrested Rodriguez Aug. 12, 2024, in connection with an alien transportation event. At that time, they seized his phone and discovered over 150 images and videos of child sexual abuse material.

During the trial, the jury heard testimony and evidence regarding the multiple images and videos of child sexual abuse material downloaded and stored on Rodriguez’s phone over multiple months. The evidence included numerous files depicting the sexual assaults of prepubescent children.

The defense attempted to convince the jury that a virus downloaded the child sexual abuse material onto his phone. However, evidence showed that Rodriguez had over 100 user accounts on the phone linked to him and that the child sexual abuse material was downloaded on 20 separate occasions from April through August of 2024.

The jury also heard from a computer forensic expert who rendered an opinion that the pattern of activity indicated intentional downloading.

Rodriguez was charged in a separate case for the human smuggling event and later pleaded guilty. He was sentenced to 16 months in prison and two years of supervised release in that case.  

He will remain in custody pending transfer to a Federal Bureau of Prisons facility to be determined in the near future.

Assistant U.S. Attorneys Devin Walker and Jose Garcia from the Southern District of Texas prosecuted the case.