News and Press Releases

Jose Francisco Rodriguez and Maria Magdalena Rodriguez Sentenced in U.S. District Cour

Tuesday, April 21, 2009

Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Great Falls, on April 21, 2009, before U.S. District Judge Sam E. Haddon, JOSE FRANCISCO RODRIGUEZ and MARIA MAGDALENA RODRIGUEZ, nationals of El Salvador and Canadian citizens, appeared for sentencing. They were each sentenced to a term of:

  • Prison: 85 days (time served)
  • Special Assessment: $100
  • Supervised Release: 1 year

They were sentenced in connection with their guilty pleas 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 January 27, 2009, JOSE and MARIA RODRIGUEZ arrived at the Del Bonita, Montana Port of Entry. They each presented a Canadian citizenship card for identification. They stated that they were traveling to Great Falls to pick up a satellite for their home in Canada.

They were referred for secondary inspection, at which time they each stated that their destination was Great Falls for the day.

A fingerprint analysis of each revealed that six days prior, on January 21, 2009, both had been removed from the United States at Houston, Texas, and returned to Calgary, Alberta. Records relating to the removal showed that JOSE had admitted to living in Texas since 1999 and MARIA since 2002, both without permission or documentation.

A further review of immigration records revealed no evidence that either had 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.

Assistant U.S. Attorney Bryan R. Whittaker prosecuted the case for the United States.

The investigation was conducted by the U.S. Customs and Border Protection, Office of Field Operations, Port of Del Bonita.



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