A former Border Patrol agent from Chula Vista was sentenced Sept. 18 to two years in federal prison for illegal transportation of firearms across state lines and a concurrent one-year term for abusing his authority in detaining someone who had made sexual allegations about his brother-in-law.
Martin Rene Duran, 49, will only serve two years in prison, as U.S. District Court Judge Marilyn Huff ruled the one-year term will run concurrent and not consecutive.
Huff allowed Duran to remain free on $109,000 bond until he self surrenders to a prison by Nov. 2. The judge ordered him to pay an $800 penalty assessment.
A jury found Duran guilty Feb. 2 of seven counts of illegal transportation of firearms and possession of a short-barreled rifle following a three-day trial. Duran purchased the weapons in Arizona while falsely claiming to be an Arizona resident and brought them home.
“I am truly remorseful for the actions that I took. I now fully accept that I should have thought it through,” said Duran in a letter to the judge.
“I should have been more thoughtful about using my authority. I understand that I alone am accountable for my actions,” said Duran in his letter.
His attorney, Michelle Betancourt, argued that Duran was “an avid gun collector and nothing more.” She said he kept the weapons in a gun safe and only used them for sport. Betancourt said he kept the weapons safely and “was not doing anything nefarious with his guns.”
As a result of both cases, Duran eventually lost his job after he was arrested on Oct. 8, 2015, at the San Ysidro port of entry. He had been a supervisor at the Imperial Beach station.
Duran pleaded guilty Aug. 16 to two misdemeanor counts of abusing his authority in detaining someone who made sexual allegations about Duran’s brother-in-law, Raymond Estrada Figueroa, 51, who is also from Chula Vista. Duran detained a man who claimed Estrada molested a boy in Mexico. Duran placed a law enforcement alert for the man who made the allegations.
Estrada has been charged with traveling to Mexico in foreign commerce to engage in illicit sexual conduct. Estrada will next appear in court on Nov. 13 and remains free on $100,000 bond. Estrada has pleaded not guilty.
“Martin Duran used his significant power as a Border Patrol official against someone he was sworn to protect,” said Acting U.S. Attorney Adam Braverman in a statement. “He targeted a law-abiding citizen because of a personal vendetta.”
Duran directed a subordinate officer to create a law enforcement alert for a man named R.C. that described R.C. as someone “known to carry firearms” and linked to a narcotics organization. R.C. was detained a number of times while crossing the border, and Duran himself questioned him for an hour in 2013
The information in the alerts was false. Duran acknowledged in his guilty plea that he committed the offense “under color of authority,” according to court records.
Braverman said Duran “selfishly tarnished the reputation and badge worn proudly by so many hard working” people in law enforcement. The U.S. Attorney said Duran “shamelessly turned his back on the citizens of the U.S. and used the powers of his office to serve his own personal needs.”
The U.S. Attorney’s office requested a 44-month term while Duran’s attorney urged only a 6-month sentence.
Duran’s attorney said he used poor judgement as he thought he was helping his wife’s brother. Betancourt said R.C. was temporarily detained several times, but not harmed.
