Alfredo Jose Leo-marquez Sentenced in U.S. District Cour
The United States Attorney's Office announced that during a federal court session in Billings, on February 3, 2010, before Senior U.S. District Judge Jack D. Shanstrom, ALFREDO JOSE LEO-MARQUEZ, a 19-year-old citizen of Mexico, appeared for sentencing. LEO-MARQUEZ was sentenced to a term of:
- Prison: 112 days (time served)
- Supervised Release: 1 year
LEO-MARQUEZ 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 22, 2009, LEO-MARQUEZ entered the lobby of the Rosebud County Sheriff's Office attempting to get his friend's vehicle out of impound and presented a Mexican Identification Card to do so. Deputies contacted an agent with U.S. Immigration and Customs Enforcement to communicate with LEO-MARQUEZ because of his limited knowledge of the English language. When asked as to his citizenship, LEO-MARQUEZ admitted that he was a citizen of Mexico.
Record checks and a fingerprint comparison revealed that LEO-MARQUEZ had been previously removed from the United States on August 26, 2009 at Tacoma, Washington. Further review of immigration records did not reveal any evidence that LEO-MARQUEZ had received permission from the Attorney General or the Secretary of Homeland Security to reenter the United States after have been removed.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LEO-MARQUEZ will likely serve all of the time imposed by the court. In the federal system, LEO-MARQUEZ 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 a cooperative effort between the Rosebud County Sheriff's Office and U.S. Immigration and Customs Enforcement.