FOR IMMEDIATE RELEASE
Friday, October 26, 2007
MARCOS OLIVERAS-COYOTL 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 26, 2007, before Chief U.S. District Judge Donald W. Molloy, MARCOS OLIVERAS-COYOTL, a/k/a Marcos Oloveras-Coyotl, a/k/a Marcos Galindo-Hernandez, a 33-year-old resident of Mexico, appeared for sentencing. OLIVERAS-COYOTL was sentenced to a term of:
- Prison: 30 months
- Special Assessment: $100
- Supervised Release: 3 years
OLIVERAS-COYOTL was sentenced in connection with his guilty plea to illegal reentry of a removed alien.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On April 1, 2007, at approximately 2:00 a.m., a Montana Highway Patrol officer observed OLIVERAS-COYOTL walking in his direction along the frontage road in Belgrade. After OLIVERAS-COYOTL passed the officer's vehicle, he began running, rounded a corner, and entered an alley. Two Belgrade Police officers also observed OLIVERAS-COYOTL run into the alley. They followed him and found him hiding behind a garbage can. OLIVERAS-COYOTL eventually obeyed the officers' directives and emerged from behind the garbage can. He was not in possession of any form of identification and provided the officers with two different names.
The officers contacted an Immigration and Customs Enforcement agent who conducted a telephonic interview with OLIVERAS-COYOTL. He admitted that he was not legally present in the United States. The agent reviewed OLIVERAS-COYOTL'S immigration records and confirmed that he was illegally present in the United States, having been deported on May 28, 1999, from Portland, Oregon, after being convicted of delivery of heroin in Multnomah County. OLIVERAS-COYOTL'S immigration records also indicated that he had not applied for lawful admission into the United States with either the Attorney General or the Secretary of the Department of Homeland Security.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that OLIVERAS-COYOTL will likely serve all of the time imposed by the court. In the federal system, OLIVERAS-COYOTL 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 Belgrade Police Department, and the U.S. Immigration and Customs Enforcement.
