The United States Attorney's Office announced that during a federal court session in Great Falls, on December 29, 2011, before U.S. District Judge Sam E. Haddon, AARON FIMBRES-COCOBA, a 25-year-old citizen of Mexico, appeared for sentencing. FIMBRES-COCOBA was sentenced to a term of:

Prison: Time served of 5 months

FIMBRES-COCOBA was sentenced in connection with his guilty plea to illegal re-entry.

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

On July 29, 2011, United States Border Patrol agents encountered FIMBRES-COCOBA while conducting Line Watch Operations approximately three miles west of the Sweetgrass, Montana Port of Entry and approximately one half mile south of the Canadian border.

An agent encountered a stopped vehicle with the hood open and stopped to ask the driver if he needed any assistance. The driver stated that his car was over-heating, but the agent did not notice any steam or liquid emanating from the vehicle. The agent asked the driver what he was doing in such a remote area. He replied that he was in Sweetgrass to pick up his aunt who was to cross sometime in the morning through the Port of Sweetgrass. When asked why he was on the back country dirt road so far outside of town, he replied that he was looking for a rancher to help him fix his car. The agent requested that another agent respond to the location.

After the second agent arrived, he began walking down the roadway looking for signs of foot traffic. The agent observed a trail in the tall grass which looked like people had walked on it. He proceeded down the trail and located a pair of men's athletic shorts. After further searching, he located two men dressed in all black clothing lying near the cattle fence. The men were hiding in the grass approximately 10-15 feet from where the other agent was standing near the vehicle. FIMBRES-COCOBA was one of the men found hiding in the grass near the cattle fence.

A fingerprint analysis of FIMBRES-COCOBA returned positive hits from several records checks systems for immigration and criminal violations for FIMBRES-COCOBA. The fingerprint examination positively identified the fingerprints as belonging to FIMBRES-COCOBA who had previously been deported and/or removed from the United States on January 30, 2007, January 12, 2009, and February 18, 2010.

A search of immigration records revealed no evidence that FIMBRES-COCOBA ever requested, or obtained permission from the Attorney General of the United States or his successor, the Secretary of the Department of Homeland Security to apply for reentry into the United States.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that FIMBRES-COCOBA will likely serve all of the time imposed by the court. In the federal system, FIMBRES-COCOBA 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. Customs and Border Protection.

 

 

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