Jose Huerta-valenzuela Sentenced in U.S. District Cour
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Billings, on January 9, 2009, before Chief U.S. District Judge Richard F. Cebull, JOSE HUERTA-VALENZUELA, age 31, appeared for sentencing. HUERTA-VALENZUELA was sentenced to a term of:
- Prison: 11 months
- Special Assessment: $100
- Supervised Release: 2 years
HUERTA-VALENZUELA 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 May 29, 2007, agents with U.S. Immigration and Customs Enforcement learned that HUERTA-VALENZUELA had been arrested on a traffic stop near Forsyth by the Montana Highway Patrol. An initial records check indicated that HUERTA-VALENZUELA was a citizen of Mexico who had previously been deported from the United States.
A review of immigration records revealed that on September 20, 2002, HUERTA-VALENZUELA had been deported from the United States via Nogales, Arizona.
A further review did not reveal any evidence that HUERTA-VALENZUELA had received permission from the Attorney General or the Secretary of Homeland Security to reenter the United States after having been removed on September 20, 2002.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HUERTA-VALENZUELA will likely serve all of the time imposed by the court. In the federal system, HUERTA-VALENZUELA 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 Marcia K. Hurd prosecuted the case for the United States.
The investigation was conducted by the U.S. Immigration and Customs Enforcement.