RUBEN CHAVEZ-VILLA SENTENCED IN U.S. DISTRICT COURT
The United States Attorney's Office announced that during a federal court session in Billings, on August 22, 2012, before Senior U.S. District Judge Jack D. Shanstrom, RUBEN CHAVEZ-VILLA, a 41-year-old citizen of Mexico, appeared for sentencing. CHAVEZ-VILLA was sentenced to a term of:
Prison: 9 months
Special Assessment: $100
Supervised Release: 1 year
CHAVEZ-VILLA was sentenced in connection with his guilty plea to illegal re-entry after having been previously 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 December 26, 2010, CHAVEZ-VILLA was encountered in Yellowstone County, by the Montana Highway Patrol. CHAVEZ-VILLA was arrested for DUI and booked into the Yellowstone County Detention Facility (YCDF). Although Immigration Enforcement learned of CHAVEZ-VILLA's arrest, an agent was advised by CHAVEZ-VILLA's lawyer that he would not be allowed to interview CHAVEZ-VILLA until after sentencing was complete for his local DUI charge. CHAVEZ-VILLA was convicted of the DUI and was transferred to Montana State Prison to serve his sentence.
On January 27, 2012 CHAVEZ-VILLA completed his prison sentence and was released for further processing. When questioned as to his citizenship. CHAVEZ-VILLA admitted to being a citizen and national of Mexico illegally present in the United States.
A review of Immigration Records and a fingerprint comparison revealed that CHAVEZ-VILLA had three prior encounters with Immigration Enforcement. CHAVEZ-VILLA's last removal from the United States was on October 29, 2010, through the Brownsville Texas Port of Entry. CHAVEZ-VILLA admitted to having been previously removed from the United States.
A further review of Immigration Records did not reveal any evidence that CHAVEZ-VILLA had received permission from the Attorney General or the Secretary of Homeland Security to reenter the United States after being removed.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that CHAVEZ-VILLA will likely serve all of the time imposed by the court. In the federal system, CHAVEZ-VILLA 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 the U.S. Department of Homeland Security - Homeland Security Investigations.