Sergio Alvarez-gonzalez Sentenced in U.S. District Cour
The United States Attorney's Office announced that during a federal court session in Billings, on September 22, 2010, before Chief U.S. District Judge Richard F. Cebull, SERGIO ALVAREZ-GONZALEZ, a 26-year-old citizen of Mexico, appeared for sentencing. ALVAREZ-GONZALEZ was sentenced to a term of:
- Prison: 5 months
- Special Assessment: $100
- Supervised Release: 1 year
ALVAREZ-GONZALEZ was sentenced in connection with his guilty plea to illegal re-entry.
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 June 14, 2010, ALVAREZ-GONZALEZ was encountered in Billings by a Montana Department of Transportation Patrol Officer. The officer notified U.S. Homeland Security Investigations (HSI) of the encounter, arrested ALVAREZ-GONZALEZ for several violations, and had him transported to the Yellowstone County Detention Facility. At the detention facility, when questioned, ALVAREZ-GONZALEZ admitted being a citizen and national of Mexico and that he was illegally present in the United States.
On June 21, 2010, ALVAREZ-GONZALEZ completed time for all local charges in Yellowstone County and was released to HSI custody.
A review of immigration records and a fingerprint comparison revealed that ALVAREZ-GONZALEZ had multiple encounters with immigration officers in the last year, with his final removal from the United States on July 12, 2009, through Nogales, Arizona.
Further review of immigration records found no evidence that ALVAREZ-GONZALEZ had received permission from the Attorney General or the Secretary of Homeland Security to reenter the United States after having been removed.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ALVAREZ-GONZALEZ will likely serve all of the time imposed by the court. In the federal system, ALVAREZ-GONZALEZ 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 Montana Department of Transportation and U.S. Homeland Security Investigations.