Mario Valencia-brisceno 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 June 16, 2009, before Senior U.S. District Judge Jack D. Shanstrom, MARIO VALENCIA-BRISCENO, age 28, appeared for sentencing. VALENCIA-BRISCENO was sentenced to a term of:
- Prison: 12 months and 1 day
- Special Assessment: $100
- Supervised Release: 1 year
VALENCIA-BRISCENO 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 March 5, 2009, the Broadus Police Chief encountered VALENCIA-BRISENO with four other Hispanic subjects when he approached a disabled vehicle that was parked. He attempted to speak with the individuals, however none of the individuals were able to communicate with him in English so he transported them to the Powder River County Sheriff's Office.
The Sheriff's Office contacted an agent with the U.S. Immigration and Customs Enforcement who spoke with VALENCIA-BRISENO in Spanish by phone. The agent determined that VALENCIA-BRISENO was a citizen of Mexico and in the United States illegally.
A fingerprint analysis revealed that VALENCIA-BRISENO had previously been removed from the United States on December 10, 2003, through Brownsville, Texas.
A review of Immigration Records did not reveal any evidence that VALENCIA-BRISENO had received permission from the Attorney General or the Secretary of the Department of Homeland Security to reenter the United States after being removed.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that VALENCIA-BRISCENO will likely serve all of the time imposed by the court. In the federal system, VALENCIA-BRISCENO 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 a cooperative effort between the Broadus Police Department, the Powder River County Sheriff's Office, and the U.S. Immigration and Customs Enforcement.