Jose Magallan, a Deputy assigned to the United States Marshal's  McAllen office, has pleaded guilty to two counts of exceeding his authorized access to information on a U. S. Government computer and accepting money for the information, United States Attorney Don DeGabrielle and Special Agent in Charge of the Department of Justice Office of Inspector General Dallas Field Office announced today. 

At a hearing before United States District Judge Vanessa Gilmore held today,   Jose Magallan, 52, of  McAllen, TX, admitted that on two separate occasions, in November 2006 and in January 2007, he accepted money from a private citizen to conduct an unauthorized search of the U. S. Marshals Service's computer system to obtain and deliver information.   Magallan admitted to receiving $500 for information he obtained in the first unauthorized access to information search and $450 for the second such search.  

Judge Gilmore, who accepted the guilty pleas and convicted Magallan of two counts alleged in the indictment, has set sentencing for October 9, 2007.  Magallan faces up to five years imprisonment and up to a $250,000 for each count of conviction.

Magallan, who has been free on bond since his arrest in April 2007 following return of the two count indictment,  has been permitted by the court to remain on bond pending his sentencing.

The investigation leading to the indictment of Magallan was conducted by Special Agents of the Dallas Field Office of the Department of Justice Office of Inspector General.  The case is being prosecuted by Assistant U. S. Attorney Jim McAlister.  

The ruling, Justice Stephen G. Breyer wrote for the majority, "simply recognizes the real-world circumstance that when the judge's discretionary decision accords with the Commission's view . . . it is probable that the sentence is reasonable."

The court's decision in Rita v. U.S. was the latest in a line of cases that have been redefining criminal sentencing since the court ruled in 2000 that the Constitution requires a jury to prove every fact that a judge might use to increase a defendant's sentence.

In 2005, the court ruled that the federal sentencing guidelines - rules designed to ensure that similar crimes be punished similarly across the country - ran afoul of the jury-trial requirement. But it decided that the remedy was to make the guidelines advisory rather than mandatory, as they had been.

The case the court decided yesterday was meant to help define advisory.

Victor Rita, convicted of perjury and obstruction of justice, asked for a lighter sentence based in part on his past military service. But the judge gave him 33 months, as suggested by the guidelines. The U.S. Court of Appeals for the Fourth Circuit, based in Richmond, Va., upheld the sentence, saying that within-guidelines penalties are "presumptively reasonable."

This pattern has been repeated nationwide since the Supreme Court's 2005 ruling.

In that sense, legal analysts said, the court's decision at least left defendants no worse off than they had been.

In his dissent, Justice David H. Souter said that a presumption of reasonableness for within-guidelines sentences creates "gravitational pull" on judges, moving them toward reliance on the guidelines, and making it unclear what was accomplished by declaring the guidelines advisory in the first place.

But Chief Justice John G. Roberts Jr. and Justices John Paul Stevens, Antonin Scalia, Anthony M. Kennedy, Clarence Thomas, Ruth Bader Ginsburg and Samuel A. Alito Jr. agreed with Breyer, wholly or in part.

In the past, Stevens, Scalia, Thomas and Ginsburg have joined Souter in supporting a strong right to a jury trial on all sentencing factors. But their acquiescence in yesterday's ruling appeared to reflect their belief that the court's 2005 decision was entitled to respect as precedent.

The guidelines set rules for judges to calculate punishment and attempt to reduce wide disparities in sentences for the same crime.

But critics of the guidelines say they often impose overly harsh sentences and take away a judge's discretion to look at the facts of the case and fit an appropriate punishment for each individual.

The ruling involved Victor Rita, who received 33 months in prison for making false statements during an investigation of illegal trafficking in machine gun kits. His sentence was at the bottom of the guideline range of 33 to 41 months.

Rita had sought a sentence lower than 33 months, based on his physical condition -- he has diabetes and other illnesses -- his likely vulnerability in prison and his military service in Vietnam and in Operation Desert Storm.

The Supreme Court upheld a U.S. appeals court's ruling that found Rita's sentence to be reasonable.

Justice Stephen Breyer said in the majority opinion that the judge in the case properly analyzed the relevant factors and gave legally sufficient reasons for the sentence.

The ruling followed up on the Supreme Court's landmark decision in 2005 that federal judges no longer were bound by the sentencing guidelines that had been in effect for nearly 20 years, but must consult them and take them into account.

Justice David Souter dissented in Thursday's decision and said he would reject the presumption of reasonableness adopted in the case. He also urged Congress to revisit the issue of guidelines.

Police say a motorcyclist and the woman riding with him were going more than 70 miles an hour -- and neither was wearing a helmet -- when the bike hit street sign and a concrete staircase in York County.

Thirty-four-year-old George Sparks Junior of Windsor pleaded guilty Tuesday to homicide by vehicle, reckless driving and driving under the influence of alcohol in the September 17th crash that killed 34-year-old Rhea Baldwin of Airville. Common Pleas Judge Penny Blackwell said Sparks' blood-alcohol level was zero-point-19 percent, more than twice the legal limit.

Sparks agreed to serve one to seven years in prison, have no alcohol for seven years, and turn in his motorcycle license. He could have been sentenced to more than 17 years in prison. Blackwell scheduled sentencing for July 23rd.