Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Billings, on August 18, 2009, before Chief U.S. District Judge Richard F. Cebull, BERNABE LUIS-HERNANDEZ, a 32-year-old citizen of Mexico, appeared for sentencing. LUIS-HERNANDEZ was sentenced to a term of:

• Prison: 50 months

• Special Assessment: $100

• Supervised Release: 3 years

LUIS-HERNANDEZ was sentenced in connection with his guilty plea to illegal re-entry by a previously deported alien.

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 1, 2008, LUIS-HERNANDEZ was encountered by an agent with the U.S. Immigration and Customs Enforcement at the Big Horn County Detention Facility in Hardin. LUIS-HERNANDEZ admitted to the agent that he is a citizen of Mexico and was in the United States illegally.

A fingerprint analysis identified LUIS-HERNANDEZ as an individual that was removed from the United States on October 7, 2004, through Otay Mesa, California. A further review of immigration records did not reveal any evidence that LUIS-HERNANDEZ had received permission from the Attorney General or the Secretary of the Department of Homeland Security to reenter the United States after having been removed.

LUIS-HERNANDEZ had a prior qualifying felony conviction as well as a felony drug possession conviction in 2008.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that LUIS-HERNANDEZ will likely serve all of the time imposed by the court. In the federal system, LUIS-HERNANDEZ 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. Immigration and Customs Enforcement.

 

 

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