The United States Attorney's Office announced that during a federal court session in Billings, on August 3, 2011, before Senior U.S. District Judge Jack D. Shanstrom, ALFREDO HERNANDEZ-PEREZ, a 27-year-old citizen of Mexico, appeared for sentencing. HERNANDEZ-PEREZ was sentenced to a term of:

Prison: 16 months

Special Assessment: $100

Supervised Release: 3 years

HERNANDEZ-PEREZ was sentenced in connection with his guilty plea to illegal re-entry.

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 January 13, 2011, HERNANDEZ-PEREZ was encountered in Billings by the Billings Police Department. However, he gave his name as Angel Garcia-Morales, with a false date of birth. He was arrested on local traffic violations at that time. When his fingerprint check returned, his true identity as HERNANDEZ-PEREZ was confirmed.

Later, when questioned by an agent with U.S. Homeland Security Investigations, HERNANDEZ-PEREZ admitted to being a citizen and national of Mexico illegally present in the United States.

A review of immigration records and a fingerprint comparison revealed that HERNANDEZ-PEREZ's last removal from the United States was on July 14, 2009, through the El Paso, Texas, Port of Entry.

Further review of immigration records Checks found no evidence that HERNANDEZ-PEREZ 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 HERNANDEZ-PEREZ will likely serve all of the time imposed by the court. In the federal system, HERNANDEZ-PEREZ 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 a cooperative effort between the Billings Police Department and U.S. Homeland Security Investigations.

 

 

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