Jesus Javier Rojo-marquez Sentenced in U.S. District Cour
The United States Attorney's Office announced that during a federal court session in Great Falls, on December 17, 2010, before U.S. District Judge Sam E. Haddon, JESUS JAVIER ROJO-MARQUEZ, a 37-year-old citizen of Mexico, appeared for sentencing. ROJO-MARQUEZ was sentenced to a term of:
- Prison: 10 months
- Special Assessment: $100
- Supervised Release: 2 years
ROJO-MARQUEZ was sentenced in connection with his guilty plea to illegal re-entry of a 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:
JESUS JAVIER ROJO-MARQUEZ, an alien, native and citizen of Mexico, and according to his own admission, last entered the United States illegally by crossing the international border near Nogales, Arizona, in or around May 2010.
On or about July 1, 2010, a Customs and Border Patrol ("CBP") officer encountered ROJO-MARQUEZ at the Sweetgrass, Montana, port of entry after he had attempted to enter Canada from the United States. Canada Border Services Agency officers had refused ROJO-MARQUEZ entry and escorted him to the United States side of the port of entry. ROJO-MARQUEZ was read his Miranda rights, interviewed, and admitted that he was illegally present in the United States, had been previously ordered removed, and that he knew he could not return to the United States.
A CBP officer took ROJO-MARQUEZ'S fingerprints via the IDENT/IAFIS system. The system returned positive hits from several records check systems for both criminal and immigration violations showing that ROJO-MARQUEZ had previously been deported and removed from the United States on or about November 10, 1997; February 15, 2005; August 2, 2005; December 29, 2009; and March 26, 2010.
Warrant of Deportation Forms (I-205) or Verification of Removal Forms (I-296) verify the deportation and removal of ROJO-MARQUEZ on or about the dates specified above. The forms contain ROJO-MARQUEZ'S signature, photograph, and right index fingerprint and specify the port of entry from which the ROJO-MARQUEZ was deported or removed from the United States.
ROJO-MARQUEZ was previously convicted of illegal re-entry in the District of New Mexico on or about March 25, 2010, prior to his deportation on or about March 26, 2010.
A search of immigration records revealed no evidence that ROJO-MARQUEZ 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 reentry into the United States.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ROJO-MARQUEZ will likely serve all of the time imposed by the court. In the federal system, ROJO-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 conducted by U.S. Customs and Border Protection.