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Man might be deported after sexual misconduct guilty plea

By Tim Ruzek

truzek@postbulletin.com

An 18-year-old Austin man faces possible deportation after being sentenced last month for sexual misconduct with a juvenile girl.

Gregorio Cano Rubio was sentenced Jan. 27 in Mower District Court after pleading guilty to a felony count of third-degree criminal sexual conduct, court records show. The charge relates to Rubio being more than two years older than the victim, who is younger than 16.

Judge Donald E. Rysavy stayed a 36-month prison term if Rubio cooperates with up to 15 years of probation, which will be unsupervised if he is deported by federal immigration officials, court documents show. Rubio must register as a predatory offender.

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Under the sentencing, Rubio was ordered to do 100 hours of community service, pay $85 and have no contact with the victim, her family or anyone under 18 without court approval.

In December, Rubio was certified to stand trial as an adult because he turned 18 in September during the two-month period of the sexual misconduct. Rubio initially was charged in juvenile court.

According to the criminal complaint, Austin police received information about the conduct and questioned Rubio. On Oct. 24, Rubio allegedly told police he agreed the sexual relationship with the girl was morally wrong and illegal.

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