FOR IMMEDIATE RELEASE
Friday, December 07, 2007
EDWIN FERNANDO TURCIOS-CERRATO 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 December 6, 2007, before U.S. District Judge Richard F. Cebull, EDWIN FERNANDO TURCIOS-CERRATO, a 25-year-old resident of Honduras, appeared for sentencing. TURCIOS-CERRATO was sentenced to a term of:
- Prison: 4 months
- Supervised Release: 1 year
TURCIOS-CERRATO 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:
On September 5, 2007, TURCIOS-CERRATO was encountered an agent with the U.S. Customs and Border Protection at the bus depot in Billings. TURCIOS-CERRATO was identified as an alien and citizen of Honduras.
An analysis of his fingerprints found that TURCIOS-CERRATO had been previously deported from the United States on July 28, 2004, through Phoenix, Arizona,
Further review of immigration records revealed that TURCIOS-CERRATO 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 having been deported.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that TURCIOS-CERRATO will likely serve all of the time imposed by the court. In the federal system, TURCIOS-CERRATO 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 conducted by the U.S. Customs and Border Protection.
