Fernando Gallegos-barreto Sentenced in U.S. District Cour
The United States Attorney's Office announced that during a federal court session in Missoula, on October 19, 2011, before U.S. District Judge Donald W. Molloy, FERNANDO GALLEGOS-BARRETO, a 28-year-old citizen of Mexico, appeared for sentencing. GALLEGOS-BARRETO was sentenced to a term of:
- Prison: 45 months
- Special Assessment: $100
- Supervised Release: 2 years
GALLEGOS-BARRETO 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 April 11, 2011, a Montana Highway Patrol officer stopped a vehicle on Interstate 90 after observing that the right rear tire of the vehicle was bouncing. It appeared to the trooper that the tire was out of balance or about to come off. GALLEGOS-BARRETO was the driver and the only occupant of the vehicle. GALLEGOS-BARRETO presented an "International Driver's License" bearing the name Carlos Almanzia Arcigo. He informed the trooper that he did not have a Mexican driver's license but that he did have a Mexican Consulate Card. He did not have a passport. A criminal history check performed by the Montana Highway Patrol Dispatch showed the driver's true name to be FERNANDO GALLEGOS-BARRETO.
The trooper contacted an agent from Homeland Security Investigations who conducted immigration queries through electronic databases that revealed a possible match for GALLEGOS-BARRETO as having been previously deported. As a result, GALLEGOS-BARRETO was transported to Missoula County Detention Center and placed on an immigration detainer.
During an interview on April 12, 2011, GALLEGOS-BARRETO admitted that he was a citizen and national of Mexico and that he was present in the United States without immigration documents. He also admitted that he last entered the United States on July 1, 2002, near San Ysidro, California. He admitted entering illegally on foot without being inspected or admitted by an immigration officer and without obtaining permission from the United States Attorney General, his designee, or his successor, the Secretary of the Department of Homeland Security. He also admitted he had been twice removed from the United States to Mexico.
A fingerprint analysis of GALLEGOS-BARRETO revealed that he had been deported from the United States on August 14, 1998, following an arrest in Seattle for possession of cocaine and being an alien in possession of a firearm. He was also deported on May 23, 2003, following a 2001 conviction for possession of cocaine and methamphetamine with intent to distribute.
There was no evidence in GALLEGOS-BARRETO's immigration file that he had applied for or received permission to enter or reside in the United States from either the Secretary of the Department of Homeland Security or the Attorney General.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that GALLEGOS-BARRETO will likely serve all of the time imposed by the court. In the federal system, GALLEGOS-BARRETO 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 U.S. Customs and Border Protection, U.S. Homeland Security Investigations, and the Montana Highway Patrol.