Oscar Hernandez-ortega Sentenced in U.S. District Cour
The United States Attorney's Office announced that during a federal court session in Missoula, on November 3, 2011, before U.S. District Judge Donald W. Molloy, OSCAR HERNANDEZ-ORTEGA, a 27-year-old citizen of Mexico, appeared for sentencing. HERNANDEZ-ORTEGA was sentenced to a term of:
Prison: time served (6 months)
Special Assessment: $100
HERNANDEZ-ORTEGA 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 May 9, 2011, while conducting a Criminal Alien Program check at the Missoula County Detention Center, an agent encountered HERNANDEZ-ORTEGA. HERNANDEZ-ORTEGA had been arrested for driving on a suspended driver's license and no insurance under the name Juan Hernandez-Yanez.
When interviewed, HERNANDEZ-ORTEGA admitted that he is a citizen of Mexico and that he was illegally in the United States. A fingerprint analysis revealed that HERNANDEZ-ORTEGA is a citizen of Mexico and that he had been twice deported from the United States, on May 3 and December 30, 2008, both times through the Port of San Ysidro, California.
Further review of immigration records found no evidence that HERNANDEZ-ORTEGA had applied for or received permission to enter or reside in the United States with 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 HERNANDEZ-ORTEGA will likely serve all of the time imposed by the court. In the federal system, HERNANDEZ-ORTEGA 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. Homeland Security Investigations.