October 2, 2009

MEXICAN MAN INDICTED FOR IMMIGRATION OFFENSE

The Office of the United States Attorney for the District of Vermont stated that on October 1, 2009, Victor Flores-Palestino, 25, of Mexico, was indicted by a federal grand jury sitting in Burlington, Vermont on charges that he was found in the United States after having been previously deported. Palestino made an initial appearance in the United States District Court for the District of Vermont on September 24, 2009 and was ordered detained pending resolution of the case.

According to court documents, on September 23, 2009, an officer from the Bennington Police Department encountered Palestino in Bennington, Vermont after the vehicle in which Palestino was traveling was involved in a minor accident. Palestino provided the officer a Mexican passport that lacked documentation showing that Palestino had permission to be in the United States. After an investigation conducted by the United States Border Patrol, it was determined that Palestino is a Mexican citizen who had been previously deported on July 14, and again on July 17, 2009 from Nogales, Arizona after being found in the United States without authorization. When found in Vermont on September 23, Palestino likewise lacked permission to be in the United States.

If convicted, Palestino faces up to two years in prison and a $250,000 fine. The actual sentence, in the event of a conviction, will be determined in accordance with the federal Sentencing Guidelines. The United States Attorney, Tristram J. Coffin, emphasized that the charge contained in the indictment is an accusation only and that Palestino is presumed to be innocent unless and until proven guilty.

United States Attorney Coffin commended the Bennington Police Department and the United States Border Patrol for their hard work on this matter. The prosecutor is Assistant United States Attorney Timothy C. Doherty, Jr. The defendant is represented by the Office of the Federal Public Defender.