Eric Genaro Pakas-cardenas Sentenced in U.S. District Court
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Great Falls, on February 5, 2009, before U.S. District Judge Sam E. Haddon, ERIC GENARO PAKAS-CARDENAS, a 39-year-old citizen of Mexico, appeared for sentencing. PAKAS-CARDENAS was sentenced to a term of:
- Prison: 46 months
- Supervised Release: 3 years
PAKAS-CARDENAS was sentenced in connection with his guilty plea to illegal re-entry of a previously deported alien.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On the evening of August 31, 2008, a van was stopped near Cut Bank. One of the occupants was PAKAS-CARDENAS.
A field interview was conducted by a Border Patrol agent who determined that PAKAS-CARDENAS was a citizen and national of Mexico and that he did not have immigration documents allowing him to be in the United States. PAKAS-CARDENAS was taken into custody for processing.
A records check revealed that PAKAS-CARDENAS had previously been deported on January 28, 2000, through the Port of El Paso, Texas. Further review of immigration records revealed that PAKAS-CARDENAS had been convicted of delivery of cocaine in Seattle, Washington, on October 2, 1998.
When confronted with his immigration records, PAKAS-CARDENAS admitted to being a citizen of Mexico who had previously been deported through El Paso, Texas, on January 28, 2000. He also admitted that he had never sought permission to apply for re-entry into the United States.
PAKAS-CARDENAS stated that he had driven from Seattle to Browning to look for work. He further stated that he intended to cross into Canada to look for work there.
A search of immigration records revealed no evidence that PAKAS-CARDENAS ever requested permission from immigration authorities to apply for re-entry into the United States.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that PAKAS-CARDENAS will likely serve all of the time imposed by the court. In the federal system, PAKAS-CARDENAS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
Assistant U.S. Attorney Michael S. Lahr prosecuted the case for the United States.
The investigation was conducted by the U.S. Customs and Border Protection.
