Skip Navigation
USAO Home Page

FOR IMMEDIATE RELEASE

Thursday, October 11, 2007

LUIS RODRIGUEZ-ESPINO 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 Helena, on October 10, 2007, before Senior U.S. District Judge Charles C. Lovell, LUIS RODRIGUEZ-ESPINO, a 37-year-old resident of Temecula, California, appeared for sentencing. RODRIGUEZ-ESPINO was sentenced to a term of:

RODRIGUEZ-ESPINO was sentenced in connection with his guilty plea to harboring illegal aliens.

In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:

On the evening of August 10, 2006, two agents with the Bureau of Immigration and Customs Enforcement (ICE) proceeded to a residence located in Deer Lodge in order to investigate complaints regarding underage drinking. At the residence, the agents encountered seven Hispanic males seated on the front lawn and stoop of the residence consuming alcoholic beverages.

A red four-door extended cab pickup was parked in the driveway bearing a California license plate. The vehicle had a sign on the door with the wording "FORMOST CONSTRUCTION COMPANY" on top and the phrase "doing one thing well" in smaller letters underneath.

An agent asked the individuals in English how they were all doing. Because of the lack of a reply, the agent then asked them the same question in Spanish. Several of the individuals responded at that point. The individuals stated that they were all performing construction work at the Rock Creek site.

When the agent asked who their supervisor was, another Hispanic individual from inside the house appeared, stating in English that he was the supervisor of the group. This individual informed them in English that he was employed by the Formost Construction Company located in Temecula, California, and that he and his crew were working until October, building a golf course on the Rock Creek site in Deer Lodge.

When questioned, the supervisor stated that he had rented the residence as well as another in Deer Lodge for the work crew. He stated that he had six other construction crew members at the other rental.

When asked if he was aware of the immigration status of the crew members under his supervision, the supervisor stated that he was a United States citizen, but that the members of his crew were Mexican nationals in the United States without papers. He further stated that they were only working and not doing anything else wrong.

Based upon the supervisor's statements regarding their immigration status, the agent questioned each of the seven individuals about what country they were from and whether they had documents authorizing them to live and work in the United States. Each one of them admitted that he was a Mexican citizen without immigration papers.

When questioned as to how they had traveled to Montana, the individuals informed the agent that they had traveled to Montana in company trucks and pointed to the red pickup parked in the driveway with the "FORMOST CONSTRUCTION COMPANY" sign on the door.

The agents then drove past the other residence where a second red extended cab pickup with a "FORMOST CONSTRUCTION COMPANY" sign on the door was parked in the driveway.

On August 30, 2006, the agent conducted surveillance at the first residence and observed a red Chevrolet flatbed pickup bearing a California plate depart the residence at approximately 6:30 a.m. and travel to the I-90 Truck Stop in Deer Lodge. The agent observed six Hispanic males get out of the vehicle and go into the I-90 Truck Stop, including three of the individuals who had previously told him they were in the United States illegally.

The agent then conducted surveillance at both residences on September 4, 5, and 6, 2006. He observed a red Ford crew cab pickup with a California plate stop at the first residence where several Hispanic males got out of the vehicle and went inside the house. He also observed a red Chevrolet extended cab pickup with a California plate stop at the second residence where several male Hispanics got out of the vehicle and went inside the house.

On September 7, 2006, ICE agents took thirteen undocumented Mexican nationals into custody. None of the individuals had documentation allowing them to be in the United States, and all admitted to being in the United States illegally. All thirteen of these illegal aliens were employed by Formost Construction Company and supervised at the Rock Creek site by RODRIGUEZ-ESPINO.

On September 7, 2006, RODRIGUEZ-ESPINO was interviewed. He stated that he was the Foremost Construction Company's foreman on the Deer Lodge construction project and that he had worked for that company for approximately twenty years. He stated that he recalled the agent's visit on August 10, 2006, and recalled telling the agent at that time that he was aware of the illegal status of the employees under his supervision. RODRIGUEZ-ESPINO also stated during the interview that he had discussed the illegal status of the workers with the owners and managers of Formost Construction Company. RODRIGUEZ-ESPINO stated that two of the workers at the Deer Lodge site were his brothers. He also stated that the workers had traveled to the Montana site in vehicles owned by Formost Construction Company. He also stated that he had signed certain documents related to the leases of the residences in Deer Lodge where the workers were staying. He stated that Formost was paying the rent on those residences.

Testimony would have shown that RODRIGUEZ-ESPINO transported Formost Construction Company workers from the Deer Lodge residences to the work site in pickups owned by Formost Construction Company.

One of the workers would have testified that RODRIGUEZ-ESPINO directed his work; spoke to him in Spanish when directing his work; that he lived with RODRIGUEZ-ESPINO in the same residence in Deer Lodge; and that RODRIGUEZ-ESPINO provided him with his wage checks from Formost Construction Company every week. The worker would have also testified that he was hired by RODRIGUEZ-ESPINO; that RODRIGUEZ-ESPINO knew he was from Mexico; and that RODRIGUEZ-ESPINO did not ask to see a green card or any other documentation when he was hired. A review of immigration records revealed that the worker was an alien and a citizen of Mexico who was in the United States illegally on September 7, 2006.

Lease documents pertaining to the residences in Deer Lodge would have shown that Formost Construction Company was the lessee on the agreements. RODRIGUEZ-ESPINO was listed as the 'head of household' on one of the applications to rent these residences.

A review of immigration records also revealed that RODRIGUEZ-ESPINO first entered the United States in January of 1988, and that he received Legal Permanent Resident status in August of 1990. RODRIGUEZ-ESPINO went through a series of interviews and took an English language proficiency examination in February of 2006 as part of the naturalization process. RODRIGUEZ-ESPINO became a naturalized citizen of the United States on March 6, 2006. This evidence would have been offered to show that RODRIGUEZ-ESPINO was well aware of the immigration laws of the United States and that he had firsthand knowledge of the proper documentation required by immigration authorities in the United States.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that RODRIGUEZ-ESPINO will likely serve all of the time imposed by the court. In the federal system, RODRIGUEZ-ESPINO 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 Enforcement.