FOR IMMEDIATE RELEASE
Wednesday, November 14, 2007
MIGUEL ANDOJO-CHAVEZ 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 Billings, on November 14, 2007, before Senior U.S. District Judge Jack D. Shanstrom, MIGUEL ANDOJO-CHAVEZ, age 26, appeared for sentencing. ANDOJO-CHAVEZ was sentenced to a term of:
- Prison: 8 months
- Special Assessment: $100
- Supervised Release: 2 years
ANDOJO-CHAVEZ was sentenced in connection with his guilty plea to illegal re-entry of a previously deported alien.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
April 14, 2007, ANDOJO-CHAVEZ was encountered by the Billings Police Department during an investigation involving individuals trying to cash a third-party check that was possibly fraudulent. The officer suspected that the men were illegal aliens and contacted the U.S. Border Patrol.
A Border Patrol agent responded and discovered that ANDOJO-CHAVEZ was one of the men. ANDOJO-CHAVEZ admitted that he was a native and citizen of Mexico and did not have any documentation to be in or remain in the United States legally.
A fingerprint analysis and a review of immigration records revealed that ANDOJO-CHAVEZ had been previously deported from the United States on October 25, 2005, through El Paso, Texas. Further investigation revealed that ANDOJO-CHAVEZ did not have the consent of the Attorney General or his successor, the Secretary of the Department of Homeland Security, to re-enter the United States after being deported.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ANDOJO-CHAVEZ will likely serve all of the time imposed by the court. In the federal system, ANDOJO-CHAVEZ 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 Marcia K. Hurd prosecuted the case for the United States.
The investigation was a cooperative effort between the Billings Police Department and the U.S. Customs and Border Protection.
