Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Billings on November 10, 2009, before Senior U.S. District Judge Jack D. Shanstrom, ALFREDO JOSE LEO-MARQUEZ, a 19-year-old citizen of Mexico, pled guilty to illegal re-entry after having been deported. Sentencing is set for February 10, 2010. He is currently detained.

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 October 22, 2009, LEO-MARQUEZ entered the lobby of the Rosebud County Sheriff's Office attempting to get his friend's vehicle out of impound and presented a Mexican Identification Card to do so. Deputies contacted an agent with U.S. Immigration and Customs Enforcement to communicate with LEO-MARQUEZ because of his limited knowledge of the English language. When asked as to his citizenship, LEO-MARQUEZ admitted that he was a citizen of Mexico.

Record checks and a fingerprint comparison revealed that LEO-MARQUEZ had been previously removed from the United States on August 26, 2009 at Tacoma, Washington. Further review of immigration records did not reveal any evidence that LEO-MARQUEZ had received permission from the Attorney General or the Secretary of Homeland Security to reenter the United States after have been removed.

LEO-MARQUEZ faces possible penalties of 2 years in prison, a $250,000 fine and 1 year supervised release.

The investigation was a cooperative effort between the Rosebud County Sheriff's Office and U.S. Immigration and Customs Enforcement.

A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.

 

 

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