Jose Ramon Rivas-Reyes Sentenced in U.S. District Cour
The United States Attorney's Office announced that during a federal court session in Missoula, on April 29, 2010, before U.S. District Judge Donald W. Molloy, JOSE RAMON RIVAS-REYES, a 26-year-old resident of Bozeman, appeared for sentencing. RIVAS-REYES was sentenced to a term of:
- Prison: 12 months and 1 day
- Special Assessment: $100
- Supervised Release: 2 years
RIVAS-REYES was sentenced in connection with his guilty plea to illegal re-entry.
In an Offer of Proof filed by Assistant U.S. Attorney Timothy J. Racicot, the government stated it would have proved at trial the following:
On November 6, 2009, an agent with U.S. Immigration and Customs Enforcement conducted a Criminal Alien Program check at the Gallatin County Detention Center where RIVAS-REYES was being held. The agent ran RIVAS-REYES' fingerprints through two electronic databases and received information that RIVAS-REYES was an alien and citizen of Mexico who had been deported from the United States on July 24, 2008, through the Port of El Paso, Texas.
When interviewed, RIVAS-REYES admitted that he was a citizen of Mexico and that he had been deported. He said he reentered the United States in approximately November 2008, near El Paso, Texas.
There is no evidence in his immigration file that RIVAS-REYES applied for or received permission to reenter the United States from the Attorney General or his successor, the Secretary of the Department of Homeland Security.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that RIVAS-REYES will likely serve all of the time imposed by the court. In the federal system, RIVAS-REYES 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.