FOR IMMEDIATE RELEASE
Friday, August 17, 2007
LUCIO OROZCO-MARTINEZ 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 August 17, 2007, before U.S. District Judge Richard F. Cebull, LUCIO OROZCO-MARTINEZ, age 24, appeared for sentencing. OROZCO-MARTINEZ was sentenced to a term of:
- Prison: 8 months
- Special Assessment: $100
- Supervised Release: 3 years
OROZCO-MARTINEZ was sentenced in connection with his guilty plea to illegal re-entry of a previously deported alien.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On January 2, 2007, U.S. Immigration and Customs Enforcement agents were contacted by authorities in Yellowstone County regarding OROZCO-MARTINEZ, who was facing state charges of assault and criminal mischief following his arrest on December 28, 2006.
An analysis of OROZCO-MARTINEZ'S fingerprints and a records check revealed that an immigration file existed in connection with OROZCO-MARTINEZ.
A review of the immigration records revealed that OROZCO-MARTINEZ was an alien and citizen of Mexico, and that he had previously been removed from the United States through the Port of El Paso, Texas on July 11, 2003.
A further search of immigration records confirmed there was no evidence that OROZCO-MARTINEZ ever requested permission from immigration authorities to apply for re-entry into the United States.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that OROZCO-MARTINEZ will likely serve all of the time imposed by the court. In the federal system, OROZCO-MARTINEZ does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
Assistant U.S. Attorney Michael S. Lahr prosecuted the case for the United States.
The investigation was conducted by the U.S. Immigration and Customs.
