Hector Manuel Armendariz-vasquez 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 December 10, 2009, before Chief U.S. District Judge Richard F. Cebull, HECTOR MANUEL ARMENDARIZ-VASQUEZ, a 29-year-old Mexican citizen, appeared for sentencing. ARMENDARIZ-VASQUEZ was sentenced to a term of:
- Prison: 3 months
- Special Assessment: $100
- Supervised Release: 1 year
ARMENDARIZ-VASQUEZ was sentenced in connection with his guilty plea to illegal re-entry after having been deported.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
On October 21, 2009, ARMENDARIZ-VASQUEZ was the driver of a vehicle being inspected at a Department of Transportation portable scale check station and was ticketed for several DOT infractions.
When asked by a U.S. Immigration and Customs Enforcement agent as to his citizenship, ARMENDARIZ-VASQUEZ admitted that he was a citizen of Mexico.
A review of immigration record checks and fingerprint comparisons revealed that ARMENDARIZ-VASQUEZ is a citizen of Mexico and had been previously removed from the United States on April 2, 2008, at El Paso, Texas. When questioned, he admitted to having been previously removed on April 2, 2008.
Further review of immigration records did not reveal any evidence that ARMENDARIZ-VASQUEZ had received permission from the Attorney General or the Secretary 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 ARMENDARIZ-VASQUEZ will likely serve all of the time imposed by the court. In the federal system, ARMENDARIZ-VASQUEZ 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 U.S. Immigration and Customs Enforcement.