Francisco Calvillo-rodriguez 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 Missoula, on November 19, 2009, before U.S. District Judge Donald W. Molloy, FRANCISCO CALVILLO-RODRIGUEZ, a 22-year-old resident of Belgrade, appeared for sentencing. CALVILLO-RODRIGUEZ was sentenced to a term of:
- Prison: 12 months and 1 day
- Special Assessment: $200
- Supervised Release: 3 years
CALVILLO-RODRIGUEZ was sentenced in connection with his guilty plea to distribution of cocaine and illegal re-entry of a previously deported alien.
In an Offer of Proof filed by Assistant U.S. Attorney Timothy J. Racicot, the government stated it would have proved at trial the following:
On March 31, 2009, officers from the Missouri River Drug Task Force and the Drug Enforcement Administration monitored a controlled purchase of 1.5 ounces of cocaine from CALVILLO-RODRIGUEZ for $3,000. The deal was arranged as part of an ongoing investigation into a cocaine-trafficking organization in the Bozeman area. The investigating officers monitored the sale by placing a body wire on a confidential informant. The informant drove to a trailer house in Gallatin County, met CALVILLO-RODRIGUEZ, counted out the money, and received the cocaine. The substance was analyzed and found to contain cocaine and weighed 41.5 grams.
Following the drug deal on March 31, 2009, agents with the U.S. Immigration and Customs Enforcement attempted to identify CALVILLO-RODRIGUEZ and determine whether he was legally in the United States. They discovered that he is a citizen of Mexico and that he was deported from the United States on January 7, 2008, through Nogales, Arizona. There is no evidence in CALVILLO-RODRIGUEZ'S immigration file that he applied for or received permission to reenter the United States following his 2008 removal.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that CALVILLO-RODRIGUEZ will likely serve all of the time imposed by the court. In the federal system, CALVILLO-RODRIGUEZ does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Missouri River Drug Task Force, the Drug Enforcement Administration, and U.S. Immigration and Customs Enforcement.
