News and Press Releases

Javier Gonzalez-martinez Sentenced in U.S. District Cour

Wednesday, January 11, 2012

The United States Attorney's Office announced that during a federal court session in Billings, on January 11, 2012, before Chief U.S. District Judge Richard F. Cebull, JAVIER GONZALEZ-MARTINEZ, a 35-year-old citizen of Mexico, appeared for sentencing. GONZALEZ-MARTINEZ was sentenced to a term of:

Prison: 300 months

Special Assessment: $200

Supervised Release: 10 years

GONZALEZ-MARTINEZ was sentenced in connection with his guilty plea to possession with the intent to distribute heroin and illegal re-entry after having been deported.

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 April 14, 2011, at approximately 9:45 a.m., a Montana Highway Patrol trooper observed a green passenger vehicle heading westbound on Interstate 90 Yellowstone County. The vehicle appeared to be exceeding the 45 mile per hour posted construction zone speed limit. The trooper confirmed the vehicle was traveling 53 miles per hour in a 45 mile per hour zone and he initiated a traffic stop. The vehicle bore South Carolina plates and had two males inside. The driver was eventually identified by fingerprints through Immigration as GONZALEZ-MARTINEZ, although he earlier gave a different name. Both occupants consented to a search of the vehicle. Approximately 3 kilograms of heroin was located hidden in a natural void in the engine compartment of the vehicle above the firewall. Both occupants were taken into custody as they were determined to be citizens of Mexico, and in the United States illegally.

When interviewed, GONZALEZ-MARTINEZ confirmed his knowledge of the packages and his intent to deliver it to Seattle. The drugs in the packages field tested positive for heroin. GONZALEZ-MARTINEZ's fingerprint was found inside the package.

A review of Immigration records found no evidence that GONZALEZ-MARTINEZ 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 GONZALEZ-MARTINEZ will likely serve all of the time imposed by the court. In the federal system, GONZALEZ-MARTINEZ 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 Drug Enforcement Administration, the Billings Big Sky Safe Streets Task Force, and the Montana Highway Patrol.



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