FOR IMMEDIATE RELEASE
Wednesday, October 24, 2007
ABDIMALIK ABDIWAHID HUSSEIN PLEADS GUILTY IN U.S. FEDERAL COURT
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Great Falls on October 24, 2007, before U.S. District Judge Sam E. Haddon, ABDIMALIK ABDIWAHID HUSSEIN, a 28-year-old resident of Somalia/Canada, pled guilty to making false statements. Sentencing is set for January 24, 2008. He is currently detained.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On August 12, 2007, at approximately 6:00 p.m., HUSSEIN was observed walking on Interstate 15 approximately 2 miles south of the Sweetgrass Port of Entry. A U.S. Customs and Border Protection agent from the Sweetgrass Station stopped to check on HUSSEIN'S welfare due to the fact that HUSSEIN was in an area not normally used by pedestrians.
HUSSEIN told the agent that he was a citizen of Somalia and that he had entered the United States in a vehicle through the Sweetgrass Port of Entry at approximately 4:30 p.m. The agent requested a 72-hour lane check on HUSSEIN which came back negative. HUSSEIN was then transported to the Sweetgrass Border Patrol Station for further investigation.
HUSSEIN stated that he had been a passenger in a vehicle that entered through the Sweetgrass Port of Entry and that he was not inspected at entry. However, he was unable to identify what kind of vehicle he had entered in, and though he stated he had traveled with three other people, he did not know their names.
Further investigation, including an interview of HUSSEIN, revealed that he had entered the United States illegally by walking across the border east of the Sweetgrass Port of Entry, thereby evading inspection.
HUSSEIN initially used a false name and date of birth to conceal his true identity. When HUSSEIN was questioned at the time of apprehension and upon initial processing, he used the name and identity of his brother. HUSSEIN also possessed a fraudulent Ontario driver's license he had obtained in Ontario. The driver's license was in HUSSEIN'S brother's name but bears HUSSEIN'S own photograph.
HUSSEIN was also found in possession of 2.1 grams of marijuana. HUSSEIN was turned over to the Toole County Sheriff's Office for prosecution of the drug charge. HUSSEIN also used, at least initially, the false name of his brother as his own identity in the Toole County marijuana prosecution.
HUSSEIN pled guilty in the Toole County matter and was sentenced to 15 days in jail and a fine of $385. The Toole County Sheriff's Office turned HUSSEIN over to the U.S. Customs and Border Protection on August 27, 2007, for the current offense.
A review of immigration records revealed no prior United States immigration record for HUSSEIN nor any previous criminal record in the United States. However, a search of the Canadian Police Information Center revealed HUSSEIN had been convicted in Canada of assault, possession of a weapon, and failure to appear.
HUSSEIN faces possible penalties of 5 years in prison, a $250,000 fine and 3 years supervised release.
Assistant U.S. Attorney Elizabeth A. Horseman prosecuted the case for the United States.
The investigation was conducted by the U.S. Customs and Border Protection.
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A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.
