McALLEN, Texas (ValleyCentral) — A man who smuggled ropa usada — used clothing — across the border avoided prison Tuesday.
Norberto De La Fuente Rodriguez, 45, of Brownsville transported from Texas to Tamaulipas without filing the proper paperwork.
“Given the low value of the items being smuggled, the lack of defendant’s criminal history and, I believe, some forthcomingness with the investigators, the government is not opposed to a sentence of time served,” Assistant U.S. Attorney Theodore “Ted” Parran said Tuesday afternoon, when De La Fuente appeared before a judge for sentencing.
Attorney David Lindenmuth of McAllen, who represented De La Fuente, agreed.
“Usually, what we see for smuggling is either drugs northbound; guns, ammo, bulk cash southbound,” Lindenmuth said. “Here this was ropa usada, judge.”
De La Fuente was arrested in June 2024, when he attempted to cross the Donna bridge in a white Ford van.
Officers with U.S. Customs and Border Protection noticed De La Fuente approach the bridge, stop and put the van in reverse.
De La Fuente “parked at a nearby bus stop approximately 100 meters from the outbound inspection area,” according to the criminal complaint against him, “exiting his vehicle and watching CBPOs as they conducted inspections.”
When the inspections stopped, De La Fuente “was seen sprinting to his vehicle,” according to the criminal complaint, “and thereafter rapidly drove towards the inspection area.”
Officers stopped De La Fuente and searched his van. They found 63 bundles of used clothing worth more than $3,000.
“CBPOs know through experience that the shipment of used clothing in such quantity is part of a large informal commercial enterprise that occurs on the U.S./Mexico border,” according to the criminal complaint, and many people don’t submit the required paperwork.
Homeland Security Investigations, which is part of U.S. Immigration and Customs Enforcement, questioned De La Fuente.
De La Fuente said he transported used clothes across the border four or five times a week.
During the interrogation, De La Fuente admitted that he didn’t submit the required paperwork. De La Fuente “additionally stated that he is aware that the importation of used clothing into Mexico is contrary to Mexican law,” according to the criminal complaint.
Agents charged De La Fuente with smuggling goods from the United States, a federal felony.
De La Fuente had never been arrested before and had no criminal record.
“I can say, for the clients I’ve had up to this date, I have never seen somebody — not even close — as visibly affected by being incarcerated as Mr. De La Fuente,” Lindenmuth said. “He was crawling out of his skin in the custody cell, judge, with the few days that he was there.”
De La Fuente returned to court Tuesday for sentencing.
“He’s already employed somewhere else, making a good income,” Lindenmuth said. “There is absolutely no temptation for him to get back into the conduct that led here.”
U.S. Sentencing Commission guidelines suggested that De La Fuente serve 6 to 12 months in prison.
After listening to arguments from Lindenmuth and the federal prosecutor, though, U.S. District Judge Drew B. Tipton settled on time served.
Tipton also placed De La Fuente on supervised release for a year and ordered him to perform 30 hours of community service.
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