News and Press Releases

Bernabe Luis-hernandez Pleads Guilty in U.S. Federal Cour

Thursday, May 07, 2009

Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Billings on May 7, 2009, before Chief U.S. District Judge Richard F. Cebull, BERNABE LUIS-HERNANDEZ, a 32-year-old citizen of Mexico, pled guilty to illegal re-entry by a previously deported alien. Sentencing is set for August 13, 2009. He is currently detained.

In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:

On December 1, 2008, LUIS-HERNANDEZ was encountered by an agent with the U.S. Immigration and Customs Enforcement at the Big Horn County Detention Facility in Hardin. LUIS-HERNANDEZ admitted to the agent that he is a citizen of Mexico and was in the United States illegally.

A fingerprint analysis identified LUIS-HERNANDEZ as an individual that was removed from the United States on October 7, 2004, through Otay Mesa, California. A further review of immigration records did not reveal any evidence that LUIS-HERNANDEZ had received permission from the Attorney General or the Secretary of the Department of Homeland Security to reenter the United States after having been removed.

LUIS-HERNANDEZ had a prior qualifying felony conviction as well as a felony drug possession conviction in 2008.

LUIS-HERNANDEZ faces possible penalties of 20 years in prison, a $250,000 fine and 3 years supervised release.

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.

A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.



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