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LAW OFFICES OF MATTHEW H. GREEN

Matthew H. Green (Bar No. 020827)

130 West Cushing Street

Tel.: (520) 882-8852

Fax: (520) 882-8843

Email: matt@arizonaimmigration.net

Attorney for Defendant

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

UNITED STATES OF AMERICA,

Plaintiff,

vs.

MARCO ANTONIO DE LA GARZA

CAMPOS,

Defendant.

 CR-18-00353-RCC-BGM

 

 

 DEFENDANT’S SENTENCING 

MEMORANDUM

 (HONORABLE RANER C. COLLINS)

COMES NOW the defendant, through undersigned counsel, and submits this 

memorandum in advance of the sentencing and dispositional hearing scheduled for 

March 28, 2019 at 9:00 a.m. 

RESPECTFULLY SUBMITTED this 21st day of March, 2019.

By: s/Matthew H. Green Matthew H. Green Attorney for Defendant

Electronic copy to:

U.S. Attorney’s Office

Lori Price

Heather Siegele

Case 4:18-cr-00353-RCC-BGM Document 45 Filed 03/21/19 Page 1 of 7
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MEMORANDUM OF POINTS AND AUTHORITIES

I. Introduction

A. The charges and their resolution/disposition

On February 22, 2018, Marco Antonio De La Garza Campos (hereinafter “Mr. 

De La Garza”) was arrested on immigration charges in the District of Arizona. He was

released on personal recognizance to a third party custodian based on a complaint filed 

in the U.S. District Court in Tucson that same date. The indictment charged Mr. De La 

Garza with two counts of False Statement in Application and Use of Passport and one 

count of False Statements. On December 20, 2018, Mr. De La Garza pleaded guilty to 

one count of False Statement in Application and Use of Passport by entering into a 

written plea agreement. 

The Presentence Report (“PSR”) recommends a one-year term of probation.

B. Mr. De La Garza’s History

Marco Antonio De La Garza was born on October 16, 1980 to Mr. Marco 

Antonio De La Garza Robles and Susana Campos-Camacho. (PSR, ¶34). He has one 

sister, two paternal half-brothers and two paternal half-sisters. (PSR, ¶36-37). Mr. De 

La Garza resided with his mother in Mexico until 1999 (age 19). (PSR, ¶40). 

Prior to departing Mexico, in 1996 (age 16), Mr. De La Garza began working for

his father. Mr. De La Garza’s father owned Plasti-Mart in Monterrey, Mexico. (PSR, 

¶35). While employed at Plasti-Mart, Mr. De La Garza’s job responsibilities included 

handling the invoices, shipping and receiving needs of the business. (Id.). This 

employment ended, however, when Mr. Da La Garza chose to seek full time 

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employment in the United States. (Id.). In pursuit of this employment goal, Mr. De La 

Garza relocated to Mission, Texas where he resided for the next 2 years before settling 

in Brownsville, Texas. (PSR, ¶40). During this time, Mr. De La Garza earned his Texas 

Certificate of High School Equivalency (GED). (PSR, ¶47).

In 2003 (age 23), Mr. De La Garza enlisted with the United States Navy. During 

the term of his enlistment, Mr. De La Garza served the United States meritoriously 

earning a medal and a number of awards and certificates for his military service. (See

Exhibit A). He maintained this exemplary service record throughout his 5 years of 

service. In 2008 (age 28), Mr. De La Garza was honorably discharged from the United 

States Navy. (PSR, ¶40). 

Upon his Navy discharge, Mr. De La Garza returned to Brownsville, Texas. 

After two years in Brownsville, Mr. De La Garza spent two years in Harlingen, Texas 

working for Southwest Key. (PSR, ¶¶40, 54). Southwest Key is a contractor for Child 

Protective Services. (PSR, ¶54). This employment terminated when Mr. De La Garza 

accepted a position as a U.S. Customs and Border Protection Officer. (Id.). 

From April 2012 until March 2018, Mr. De La Garza maintained his employment 

with U.S. Customs and Border Protection. (PSR, ¶52). Mr. De La Garza’s strong 

military work ethic carried over to his U.S. Custom’s and Border Protection career. As 

early as basic training, Mr. De La Garza was recognized for his leadership abilities and 

“willingness to give of oneself.” (See Exhibit B). 

Early in Mr. De La Garza’s law enforcement career, he married Tracy Lynn 

Cottrell. Together they have two minor children. (PSR, ¶38 and see Exhibit C). At the 

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conclusion of this case, if permitted to remain in the United States, Mr. De La Garza 

anticipates serving as a stay-at-home dad in order to care for his children and reduce 

family expenses. (PSR, ¶42). Once the kids reach school age, Mr. De La Garza plans to 

seek employment. (Id.)

II. Law and Argument

The U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”) has adopted a 

simplified approach to reviewing sentences, basing said review on two steps: whether 

the trial Court followed the proper procedures laid out in USSG § 1B1.1 and then 

whether the sentence was substantively reasonable. Per the Ninth Circuit:

In reviewing a sentence determination, a court "must first ensure that the 

district court committed no significant procedural error, such as failing to 

calculate (or improperly calculating) the Guidelines range, treating the 

Guidelines as mandatory, failing to consider the §3553(a) factors, selecting 

a sentence based on clearly erroneous facts, or failing to adequately explain 

the chosen sentence--including an explanation for any deviation from the 

Guidelines range." Gall v. United States, 552 U.S. 38, 51, 128 S. Ct. 586, 

169 L. Ed. 2d 445(2007). If the district court's sentence is procedurally 

sound, "the appellate court should then consider the substantive 

reasonableness of the sentence imposed under an abuse-of-discretion 

standard." Id. United States v. Vasquez-Cruz, 692 F.3d 1001, 1004 (9th Cir. 

2012).

The first procedural step required in USSG § 1B1.1 is to determine the guideline 

range. The second step is to analyze offender characteristics and departures. The third is 

to consider the 18 USC § 3553(a) factors. Presuming the Court has done that, a 

substantively reasonable sentence will be upheld. 

A. 18 U.S.C. § 3553(a)(1)

1. Nature and Circumstances of the Offense

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This is an immigration offense. There are no victims other than, broadly 

considered, the polity at large. Mr. De La Garza has caused no measurable damage to 

the United States or its citizens.

2. History and Characteristics of the Defendant

Mr. De La Garza’s wife Tracy and their two minor daughters (ages 2 and 4) are 

each citizens of the United States. While clearly misplaced, Mr. De La Garza was 

motivated to commit this crime out of his desire to protect the United States and remain 

with his family. 

Mr. De La Garza certainly has his faults, and he accepts responsibility for the 

crime he has committed in this case. Mr. De La Garza expressed remorse for his actions 

during his interview the probation officer. (PSR, ¶12 and see Exhibit D). It should also 

be noted, however, that Mr. De La Garza has no juvenile or adult criminal history. Mr. 

De La Garza has also developed strong, positive relationships with many members of the 

military and law enforcement communities in Southern Arizona. The many people who 

have written letters on his behalf, attached hereto as Exhibit E, paint a picture of very 

honorable man, who loves the United States of America. 

The Defendant asks this Court to consider his service to the United States as both 

an honorably discharged Navy veteran and as a U.S. Customs and Border Protection 

Officer and his character as described by family and friends. He submits that his military 

and law enforcement service is not only mitigating, but also justification for a downward 

variance pursuant to § 3553(a). 

B. 18 U.S.C. § 3553(a)(2)

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1. (A) To reflect the seriousness of the offense, to promote respect for the 

law, and to provide just punishment for the offense;

In the instant case, the Probation Department recommends a one-year term of 

probation in consideration of § 3553(a). Mr. De La Garza concurs with the Probation 

Department’s assessment that a one-year probation term is sufficient, but not greater

than necessary, to advance the statutory purpose of sentencing. (PSR pg. 16). Mr. De 

La Garza’s lack of prior criminal history together with his service to the United States 

uniquely distinguishes him from other defendants that may face similar criminal charges. 

2. (C) To protect the public from further crimes of the defendant;

A one-year term of probation properly protects the public from further crimes at 

the hands of Mr. De La Garza. Mr. De La Garza’s prior military and law enforcement 

positions were, at their heart, designed to protect U.S. citizens through the investigation 

and apprehension of criminal perpetrators. Mr. De La Garza understands his actions 

were illegal and submits to his punishment as evidenced by his acceptance of the 

government’s plea offer. Given Mr. De La Garza’s law enforcement background he, 

perhaps more than most defendants, understands the gravity of his unlawful acts. As 

such, and based on Mr. De La Garza’s unique personal background, a one-year 

probation term properly protects the public and serves the interests of justice.

As a practical matter, and undoubtedly atypical for a criminal defendant before 

this Court, Mr. De La Garza welcomes and embraces the opportunity to demonstrate 

exemplary performance as a probationer. His sights are undeniably set on the horizon, 

specifically one year down the road. There is a reason. Under the Immigration and 

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Nationality Act, Mr. De La Garza, as a veteran of the armed forces, will be eligible to 

apply for naturalization one year after the date of his conviction. See 8 U.S.C. § 1440; 8 

C.F.R. § 316.10(b)(2)(i). 

Mr. De La Garza and his family ask only one thing from the United States—they 

ask for a second chance. Mr. De La Garza has, over the last year, already begun the 

process of proving that he can follow the rules by performing flawlessly on Pretrial 

Services release. He looks forward to proving himself on probation over the next year. 

After that, Mr. De La Garza is optimistic that U.S. Citizenship and Immigration Services 

will conclude that he has legitimately earned his second chance. If so, he and his family 

know that the United States will never regret conferring citizenship on a loving husband, 

a devoted father, a reliable member of the community, and a patriot who knows, better 

than most, what it means to lose the trust of the country you love. 

Marco De La Garza can’t wait to continue on the long road back to redemption.

III. Conclusion

For the reasons set forth above, it is respectfully submitted that the Court should 

sentence Mr. De La Garza to a one-year term of probation.

RESPECTFULLY SUBMITTED this 21st day of March, 2019.

By: s/Matthew H. Green Matthew H. Green Attorney for Defendant

Electronic copy to:

U.S. Attorney’s Office

Lori Price

Heather Siegele

Case 4:18-cr-00353-RCC-BGM Document 45 Filed 03/21/19 Page 7 of 7