Eduardo Joaquin San Miguel-espinoza Sentenced in U.S. District Cour
The United States Attorney's Office announced that during a federal court session in Billings, on April 12, 2012, before Chief U.S. District Judge Richard F. Cebull, EDUARDO JOAQUIN SAN MIGUEL-ESPINOZA, a 33-year-old citizen of Mexico, appeared for sentencing. SAN MIGUEL-ESPINOZA was sentenced to a term of:
Prison: 24 months
Special Assessment: $100
SAN MIGUEL-ESPINOZA was sentenced in connection with his guilty plea to illegal re-entry.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:
On July 18, 2011, SAN MIGUEL-ESPINOZA was encountered in Sidney by the Sidney Police Department. The Richland County Law Enforcement Center notified the Homeland Security Investigations Enforcement Removal Office (ERO) that they had a suspected illegal alien in custody. SAN MIGUEL-ESPINOZA was arrested for criminal mischief and privacy in communications. SAN MIGUEL-ESPINOZA was convicted of both charges. On August 29, 2011, SAN MIGUEL-ESPINOZA was sentenced to time served of During administrative processing, it was determined through Immigration Records and a fingerprint comparison that SAN MIGUEL-ESPINOZA had been encountered by U.S. Immigration Officers while trying to smuggle marijuana into the United States. Upon conviction for that charge, SAN MIGUEL-ESPINOZA was formally deported from the United States on June 23, 2009, via the San Ysidro Port of Entry in California, as an aggravated felon.
When questioned, SAN MIGUEL-ESPINOZA admitted to having been previously removed from the United States. He also admitted he had never applied to the Secretary of Homeland Security to reenter the United States.
A further review of Immigration Records did not reveal any evidence that SAN MIGUEL-ESPINOZA 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 SAN MIGUEL-ESPINOZA will likely serve all of the time imposed by the court. In the federal system, SAN MIGUEL-ESPINOZA 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 Sidney Police Department and Homeland Security Investigations.