FOR IMMEDIATE RELEASE
Wednesday, October 17, 2007
HOMERO MENDEZ-RUELAS 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 Missoula, on October 16, 2007, before Judge William F. Downes, Chief Judge for the District of Wyoming, who was presiding for U.S. District Court Judge Donald W. Molloy, HOMERO MENDEZ-RUELAS, a 20-year-old resident of Mexico, appeared for sentencing. MENDEZ-RUELAS was sentenced to a term of:
- Prison: 148 days (time served)
- Supervised Release: 3 years
MENDEZ-RUELAS was sentenced in connection with his guilty plea to illegal re-entry of a deported alien.
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, MENDEZ-RUELAS was encountered at the Melaque Mexican restaurant in Butte. MENDEZ-RUELAS was working at the restaurant when U.S. Immigration and Customs Enforcement ("ICE") agents 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 also searched in Belgrade, Helena and Great Falls.
When questioned, MENDEZ-RUELAS acknowledged that he worked at the restaurant and that he was an illegal alien who had been previously deported from the United States on April 27, 2006, at El Paso, Texas.
A review of MENDEZ-RUELAS' immigration file confirmed the fact and date of his prior deportation. The file contained no evidence that he 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 MENDEZ-RUELAS will likely serve all of the time imposed by the court. In the federal system, MENDEZ-RUELAS 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.
