Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Missoula on December 17, 2009, before U.S. Magistrate Judge Jeremiah C. Lynch, ENOC VARGAS-VALENZUELA, a 59-year-old citizen of Mexico, pled guilty to illegal re-entry of a removed alien. Sentencing is set for March 26, 2010. He is currently detained.

In an Offer of Proof filed by Assistant U.S. Attorney Timothy J. Racicot, the government stated it would have proved at trial the following:

On January 13, 2009, a representative from the Missoula County Attorney's Office called U.S. Immigration and Customs Enforcement about VARGAS-VALENZUELA. Missoula County was prosecuting VARGAS-VALENZUELA for failing to register as a sex offender and suspected that he was not authorized to be in the United States.

A set of VARGAS-VALENZUELA' fingerprints were obtained and ran through two computer identification databases. The fingerprints matched the alias Steve Esquivias and were affiliated with an alien field number and an FBI number. VARGAS-VALENZUELA'S record revealed that he is a citizen of Mexico and that he was deported from the United States on April 20, 1977, and September 27, 1977, both times through the Port of Calexico, California.

There is no evidence in his immigration file that VARGAS-VALENZUELA applied for or received permission to reenter the United States from the Attorney General or his successor, the Secretary of the Department of Homeland Security.

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

The investigation was conducted by 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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