Nicolas Landin-Martinez Sentenced in U.S. District Court
The United States Attorney's Office announced that during a federal court session in Billings, on September 26, 2012, before Senior U.S. District Judge Jack D. Shanstrom, NICOLAS LANDIN-MARTINEZ, a 46-year-old citizen of Mexico, appeared for sentencing. LANDIN-MARTINEZ was sentenced to a term of:
Prison: 24 months
Special Assessment: $100
Supervised Release: 3 years
LANDIN-MARTINEZ was sentenced in connection with his guilty plea to illegal re-entry of a deported alien.
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 March 18, 2012, LANDIN-MARTINEZ was found in Bighorn County by the Bighorn County Sheriff's Department. A deputy notified U.S. Department of Homeland Security - Homeland Security Investigations that he had an illegal alien whom he detained after he received a call about someone jumping railroad cars at the Spring Creek Mines. An agent contacted LANDIN-MARTINEZ about his citizenship. LANDIN-MARTINEZ admitted to being a citizen and national of Mexico illegally present in the United States. LANDIN-MARTINEZ admitted to having been previously removed from the United States. He also admitted he had never applied to the Secretary of Homeland Security, or his successor, to reenter the United States.
A review of immigration records and a fingerprint comparison confirmed that LANDIN-MARTINEZ had been encountered by authorities prior to the present encounter, resulting in three formal orders of deportation. LANDIN-MARTINEZ was formally ordered deported on June 27, 1986, May 1, 2003, and February 26, 2005.
Further review of immigration records did not reveal any evidence that LANDIN-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 LANDIN-MARTINEZ will likely serve all of the time imposed by the court. In the federal system, LANDIN-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 conducted by a cooperative effort between the Bighorn County Sheriff's Department and U.S. Department of Homeland Security - Homeland Security Investigations.