Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Great Falls, on October 15, 2009, before U.S. District Judge Sam E. Haddon, TIBOR THOMAS BANYAI, a 66-year-old native of Hungary and citizen of Canada, appeared for sentencing. BANYAI was sentenced to a term of:

• Prison: 8 months

• Special Assessment: $100

• Supervised Release: 3 years

BANYAI 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 March 14, 2009, BANYAI was encountered by U.S. Customs & Border Protection officers and was not in possession of any type of identification. He stated that he had been living and working in the United States since 2005.

A fingerprint analysis revealed that BANYAI had previously been deported and removed from the United States on March 8, 1985, and again on January 2, 1986.

A review of immigration records revealed no evidence that BANYAI ever requested or obtained permission from the Attorney General of the United States or his successor, the Secretary of the Department of Homeland Security, 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 BANYAI will likely serve all of the time imposed by the court. In the federal system, BANYAI 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 Bryan R. Whittaker prosecuted the case for the United States.

The investigation was conducted by U.S. Customs and Border Protection.

 

 

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