FOR IMMEDIATE RELEASE
Friday, October 12, 2007
MARIA BARRAGAN-LOPEZ PLEADS GUILTY AND SENTENCED IN U.S. FEDERAL COURT
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Missoula on October 11, 2007, before Chief U.S. District Judge Donald W. Molloy, MARIA BARRAGAN-LOPEZ, a 36-year-old resident of Belgrade, pled guilty and was sentenced on the charge of illegal re-entry of a previously deported alien.
BARRAGAN-LOPEZ was sentenced to a term of:
- Prison: 135 days (time served)
- Special Assessment: $100
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On May 22, 2007, BARRAGAN-LOPEZ was encountered at the Melaque Mexican restaurant in Belgrade. BARRAGAN-LOPEZ was working at the restaurant when agents from the U.S. Immigration and Customs Enforcement ("ICE") executed a search warrant to look for evidence of harboring and employing illegal aliens, and evidence of the possession and distribution of illegal drugs. Melaque restaurants were searched in Butte, Belgrade, Helena and Great Falls.
BARRAGAN-LOPEZ acknowledged that she was working at the restaurant and that she was an illegal alien who had been deported from the United States on February 24, 2007, at San Ysidro, California.
A review of BARRAGAN-LOPEZ'S immigration file confirmed the fact and date of her prior deportation. The file contained no evidence that she had applied for permission to reenter the United States with either the Secretary of the Department of Homeland Security or the Attorney General.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BARRAGAN-LOPEZ will likely serve all of the time imposed by the court. In the federal system, BARRAGAN-LOPEZ 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 Timothy J. Racicot prosecuted the case for the United States.
The investigation was conducted by the U.S. Immigration and Customs Enforcement.
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A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.
