Bruno Lopez-cruz 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 Great Falls, on October 16, 2009, before U.S. District Judge Sam E. Haddon, BRUNO LOPEZ-CRUZ, a citizen of Mexico, appeared for sentencing. LOPEZ-CRUZ was sentenced to a term of:
- Prison: 8 months
- Special Assessment: $100
- Supervised Release: 3 years
LOPEZ-CRUZ was sentenced in connection with his guilty plea to illegal re-entry of a previously deported alien.
In an Offer of Proof filed by Assistant U.S. Attorney Bryan R. Whittaker, the government stated it would have proved at trial the following:
On June 9, 2009, agents with the U.S. Customs and Border Protection encountered LOPEZ-CRUZ while conducting a train check in Havre. When questioned as to his citizenship, LOPEZ-CRUZ stated that he was a United States citizen born in Browning. However, after further questioning LOPEZ-CRUZ admitted that he was born in Mexico and produced an expired Mexican passport with no U.S. Visa.
A fingerprint examination identified LOPEZ-CRUZ as having been previously deported on August 25, 2005, and again on October 13, 2006. It also indicated that he was a native and citizen of Mexico.
A review of immigration records revealed that LOPEZ-CRUZ had previously been convicted of fraud and misuse of visas, permits, and other documents on August 4, 2005, prior to his deportation on August 25, 2005.
Further review of immigration records found no evidence that he 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.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LOPEZ-CRUZ will likely serve all of the time imposed by the court. In the federal system, LOPEZ-CRUZ 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 conducted by the U.S. Customs and Border Protection.