Angel Moreno-marcial Sentenced in U.S. District Court
The United States Attorney's Office announced that during a federal court session in Billings, on January 25, 2011, before Chief U.S. District Judge Richard F. Cebull, ANGEL MORENO-MARCIAL, a 24-year-old citizen of Mexico, appeared for sentencing. MORENO-MARCIAL was sentenced to a term of:
- Prison: 7 months
- Special Assessment: $100
- Supervised Release: 1 year
MORENO-MARCIAL was sentenced in connection with his guilty plea to illegal re-entry.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
On October 15, 2010, MORENO-MARCIAL was encountered in Billings by State of Montana Department of Transportation (DOT) officers who then contacted U.S. Homeland Security Investigations (HSI) agents, as they suspected MORENO-MARCIAL was an illegal alien. When questioned by an HSI agent regarding his citizenship status, MORENO-MARCIAL admitted to being a citizen and national of Mexico illegally present in the United States.
A search of Immigration Records and a fingerprint comparison revealed that MORENO-MARCIAL had been removed from the United States at least four times previously, with the last removal on March 30, 2010, via the Douglas, Arizona Port of Entry. When questioned further, MORENO-MARCIAL admitted to having been previously removed from the United States. He also admitted he had never applied to the Secretary of Homeland Security to reenter the United States.
Further review of Immigration Records found no evidence that MORENO-MARCIAL had received permission from the Attorney General or the Secretary of Homeland Security to reenter the United States after having been removed.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MORENO-MARCIAL will likely serve all of the time imposed by the court. In the federal system, MORENO-MARCIAL 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 State of Montana Department of Transportation and U.S. Homeland Security Investigations.
