Last updated: April 23, 2026
Mario Bustamante Leiva, the Chilean national who stole a Gucci handbag belonging to then-Homeland Security Secretary Kristi Noem while she dined at a Washington, D.C. restaurant, was sentenced on April 22, 2026 to 36 months (3 years) in federal prison. The case is now trending heavily across US news outlets and search engines, raising questions about the charges, the sentence length, and what federal prison time actually means for someone in Bustamante Leiva’s situation.
Who Is Mario Bustamante Leiva?
Mario Bustamante Leiva is a 50-year-old man from Chile who entered the United States at Orlando International Airport on August 16, 2021, on a visa waiver that authorized him to remain in the country only until November 13, 2021. He did not leave when his authorization expired, and he remained in the US illegally for years afterward. At the time of the Noem theft, he had active arrest warrants in both Utah and New York stemming from 2021 charges involving retail theft, credit card theft, and receiving stolen property — meaning he was already a wanted man when he carried out the Washington, D.C. thefts.
His co-defendant, Cristian Montecino-Sanzana, was separately sentenced in March 2026 to 13 months in prison and three years of supervised release for his role in one of the purse thefts.
What Happened: The Kristi Noem Purse Theft
Over three separate days in April 2025, Bustamante Leiva targeted female diners at restaurants across Washington, D.C. Surveillance cameras captured him repeatedly scanning the floor near seated women before bending down and snatching their handbags. The thefts were methodical — after stealing each purse, Bustamante Leiva quickly moved to use the stolen credit cards, often within minutes, to minimize the time before cards could be cancelled.
One of his victims was Kristi Noem, who was at the time serving as Secretary of the Department of Homeland Security under President Trump. She was dining at Capital Burger, a Washington, D.C. restaurant, accompanied by Secret Service agents. Bustamante Leiva stole her Gucci handbag from the floor near her table. The bag contained multiple credit cards and approximately $3,000 in cash. Surveillance footage later showed Bustamante Leiva at another restaurant on M Street NW, in possession of Noem’s stolen purse, wallet, and credit cards — including an unauthorized purchase made with one of her cards.
Investigators tracked Bustamante Leiva to a motel on the 6700 block of Georgia Avenue NW in Washington, D.C., where he was arrested. A search of his motel room recovered stolen items, gift cards, and approximately $3,174 in cash. U.S. Attorney Jeanine Pirro later stated that Bustamante Leiva had “come to Washington illegally to prey on citizens of the District.”
Federal Charges and Guilty Plea
Bustamante Leiva was charged with multiple federal offences arising from the three separate incidents. On November 21, 2025, he pleaded guilty to three counts of wire fraud and one count of first-degree theft. The wire fraud charges arose from the fraudulent use of victims’ credit cards — using electronic payment networks to complete unauthorized transactions after the thefts. Wire fraud carries a maximum federal sentence of 20 years per count under 18 U.S.C. § 1343, making the statutory maximum exposure enormous. First-degree theft in Washington, D.C. carries up to 10 years.
By pleading guilty rather than proceeding to trial, Bustamante Leiva accepted responsibility and became eligible for a reduced sentence under the Federal Sentencing Guidelines. The government and defense likely agreed to recommend a specific sentencing range as part of the plea process.
Why Did He Get 3 Years in Prison?
The 36-month sentence may seem lenient compared to the statutory maximums, but it is consistent with how federal courts actually handle wire fraud cases. Federal sentencing is governed by the US Sentencing Guidelines (USSG), which calculate a recommended sentence based on a “base offense level” combined with specific factors — most importantly, the dollar loss involved. With multiple victims and a relatively modest total financial loss (the stolen cash and fraudulent card charges), the guideline range would have been considerably lower than the statutory maximum.
Additional factors that likely influenced the sentence include Bustamante Leiva’s guilty plea (which earns a reduction under USSG §3E1.1 for acceptance of responsibility), his cooperation with the process, and the nature of the offences — property crimes rather than violent crimes. However, his prior warrants, illegal immigration status, and the organised, repeated nature of his conduct would have pushed the sentence upward from a baseline.
A federal sentencing judge balanced these factors to arrive at the 36-month sentence, which is above the one-year guideline many first-time federal property offenders receive but well below the decades of exposure Bustamante Leiva technically faced.
Federal Prison in the US: What to Expect
Because Bustamante Leiva’s convictions include federal wire fraud, he will serve his sentence in the Federal Bureau of Prisons (BOP) system rather than a DC local jail or state facility. The BOP operates over 100 facilities across the United States, ranging from minimum-security prison camps to high-security penitentiaries. For a property crime offender with no history of violence, he is likely to be assigned to a low- or minimum-security facility.
Federal prisoners generally serve at least 85% of their sentence under Truth in Sentencing provisions that apply to federal offenders — unlike many state systems where parole can reduce time served significantly. However, the First Step Act allows federal prisoners to earn time credits through programming and good conduct, which can lead to earlier release to home confinement or a halfway house. A 36-month federal sentence typically means serving around 30 to 31 months in custody before potential release to supervision.
Once Bustamante Leiva is released from federal custody, he will not remain in the United States. Immigration and Customs Enforcement (ICE) is expected to take him into custody for deportation proceedings back to Chile. This is a standard outcome for non-citizen federal offenders who are in the country without legal status.
For more information on how the federal prison system works, including facility types, inmate rights, and the sentencing process, see our guides on life inside US prisons and the how to find a federal inmate.
Deportation After His Federal Sentence
One of the most significant consequences for Bustamante Leiva beyond the prison sentence itself is deportation. Because he entered the US on a visa waiver in 2021 and overstayed, he was already in the country without legal authorisation when the crimes occurred. His felony convictions make him deportable under US immigration law, and federal prosecutors confirmed he will be deported to Chile upon completing his sentence.
Under the visa waiver programme, nationals of eligible countries (including Chile) can visit the US for up to 90 days without a visa. Overstaying that window — let alone committing multiple felonies — permanently bars re-entry under the waiver programme and makes future legal immigration to the United States extremely difficult.
Frequently Asked Questions
Why is the Kristi Noem purse thief going to prison?
Mario Bustamante Leiva is going to federal prison because he pleaded guilty to three counts of wire fraud and one count of first-degree theft for stealing purses from three women at Washington, D.C. restaurants in April 2025, including then-DHS Secretary Kristi Noem. The wire fraud charges stemmed from using the stolen credit cards for unauthorised transactions. On April 22, 2026, he was sentenced to 36 months in federal prison.
How long will the Noem purse thief actually serve in prison?
Federal prisoners are required to serve at least 85% of their sentence under federal law, so on a 36-month sentence, Bustamante Leiva would serve a minimum of approximately 30 to 31 months. He may be eligible to earn additional time credits under the First Step Act through programming and good conduct, potentially allowing earlier transfer to a halfway house or home confinement toward the end of his term.
What prison will Mario Bustamante Leiva go to?
Bustamante Leiva will be designated to a Federal Bureau of Prisons facility. The BOP assigns prisoners to facilities based on security level, criminal history, sentence length, and other factors. Given that his offences are property crimes with no violence, he is likely to be placed in a low- or minimum-security federal facility. His specific prison assignment is made by the BOP after sentencing and can be looked up through the BOP’s federal inmate locator once he is in the system.
Will he be deported after serving his prison sentence?
Yes. Federal prosecutors confirmed that Mario Bustamante Leiva, who is in the US illegally having overstayed a visa waiver he received in 2021, will be deported to Chile after completing his prison sentence. ICE typically takes custody of non-citizen federal prisoners at or near their release date to begin deportation proceedings.
What happened to the co-defendant Cristian Montecino-Sanzana?
Cristian Montecino-Sanzana, Bustamante Leiva’s co-defendant, pleaded guilty to two counts related to one of the three thefts and was sentenced on March 13, 2026 to 13 months in prison and three years of supervised release. He was involved specifically in an April 12, 2025 purse-snatching incident at a Nando’s restaurant in Washington, D.C.