FOR IMMEDIATE RELEASE
Wednesday, October 17, 2007
FRANCISCO DURAN-ESTRADA 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, FRANCISCO DURAN-ESTRADA, a 34-year-old resident of Mexico, appeared for sentencing. DURAN-ESTRADA was sentenced to a term of:
- Prison: 40 months
- Special Assessment: $200
- Supervised Release: 3 years
DURAN-ESTRADA was sentenced in connection with his guilty plea to illegal re-entry of a previously deported alien and being an illegal alien in possession of a firearm.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On March 10, 2007, a Montana Highway Patrol officer contacted DURAN-ESTRADA at the scene of a one-vehicle accident near Arlee. DURAN-ESTRADA, who was the driver of the vehicle, was found in possession of an alien resident or "green" card bearing an "A-number" assigned to a citizen of Iran. Inside the vehicle, the officer located and seized a New England Firearms Company 12-gauge shotgun, model Pardner SB1.
On March 12, 2007, DURAN-ESTRADA was interviewed by an agent with U.S. Immigration and Customs Enforcement. DURAN-ESTRADA admitted to being in the United States illegally, buying and possessing the green card, and buying and possessing the shotgun.
A review of immigration records was conducted and it was determined that DURAN-ESTRADA is a citizen of Mexico who had been previously removed from the United States on November 30, 1999, and again on December 13, 1999. The records also reflected that DURAN-ESTRADA had not applied for permission to reenter the country 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 DURAN-ESTRADA will likely serve all of the time imposed by the court. In the federal system, DURAN-ESTRADA 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 a cooperative effort between the Montana Highway Patrol, the U.S. Immigration and Customs Enforcement, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
