Juan Aguado-lopez Sentenced in U.S. District Court
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Billings, on December 29, 2009, before Chief U.S. District Judge Richard F. Cebull, JUAN AGUADO-LOPEZ, a 25-year-old citizen of Mexico, appeared for sentencing. AGUADO-LOPEZ was sentenced to a term of:
- Prison: 10 months
- Special Assessment: $100
- Supervised Release: 2 years
AGUADO-LOPEZ was sentenced in connection with his guilty plea to illegal re-entry of 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 March 6, 2009, law enforcement stopped a vehicle on 1-90 for speeding. Upon initial contact with the driver and three passengers, the officer was unable to communicate with the passengers due to their inability to speak English. The officer contacted a agent with U.S. Immigration and Customs Enforcement who then interviewed the subjects telephonically and established that AGUADO-LOPEZ is a citizen of Mexico and was in the United States illegally.
Fingerprint analysis identified AGUADO-LOPEZ as having been previously removed from the United States at El Paso, Texas, on July 19, 2007, under the name of Juan AGUADO-LOPEZ . When interviewed, AGUADO-LOPEZ admitted that he had been previously deported from the United States. Records checks also revealed that AGUADO-LOPEZ had been convicted of felony possession of a controlled substance charge in Utah on May 23, 2007.
A review of immigration records did not reveal any evidence that AGUADO-LOPEZ had received permission from the Attorney General or the Secretary of Homeland Security to reenter the United States after being removed.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that AGUADO-LOPEZ will likely serve all of the time imposed by the court. In the federal system, AGUADO-LOPEZ 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 U.S. Immigration and Customs Enforcement.
