FOR IMMEDIATE RELEASE
Monday, February 25, 2008
RICHARD TESTORE 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 Great Falls, on February 25, 2008, before U.S. District Judge Sam E. Haddon, RICHARD TESTORE, a 43-year-old resident of Saskatchewan, Canada, appeared for sentencing. TESTORE was sentenced to a term of:
- Prison: 114 days, time served
- Special Assessment: $100
TESTORE was sentenced in connection with his guilty plea to making false statements to federal border officials.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On November 3, 2007, TESTORE, a Canadian citizen, presented himself for inspection by Customs and Border Protection officers (CBPO) at the Raymond Port of Entry. He was driving a black 1997 Mercedes Benz with Alberta license plates JTY031. TESTORE presented an Alberta driver's license in his name. TESTORE stated he was traveling to Culbertson to pick up a vehicle for a friend and planned to return the same day. An officer asked TESTORE if he had ever been arrested and TESTORE replied, "No." The officer referred TESTORE for further immigration inspection.
In the secondary inspection, TESTORE was asked if he had ever been arrested and he again replied, "No." TESTORE was then given an Immigration Declaration form to complete. TESTORE completed the declaration form and answered "No" to the questions that asked if he had ever been deported, fingerprinted, charged with a crime, arrested, or convicted of a crime anywhere in the world. TESTORE signed and dated the Immigration Declaration form. TESTORE was then asked to verify his answers verbally, to which he stated again that he had never been deported, fingerprinted, charged with a crime, arrested or convicted of a crime anywhere in the world.
TESTORE continued to deny ever having been deported, fingerprinted, charged with a crime, arrested or convicted of a crime anywhere in the world for approximately two (2) hours.
TESTORE'S fingerprints were taken and a records check revealed that he had been arrested April 7, 1986, by the Miami-Dade (Florida) Police Department for possession of six pounds of marijuana. He was convicted of possession of Marijuana, on May 28, 1986, and sentenced to fifty-two days. NCIC records further indicated that TESTORE had been arrested on July 26, 1988, by the Clayton County Sheriff's Office, Georgia, for trafficking in cocaine. He was convicted on January 25, 1989, and sentenced to ten years.
A review of immigration records revealed that TESTORE had been deported from the United States on June 12, 1990, through Dallas, Texas.
On November 4, 2007, TESTORE was questioned again. He then admitted he had wanted to enter the United States to retrieve an automobile for a friend. He further admitted he had been convicted of drug possession in Florida and cocaine trafficking in Georgia and that he had been deported from the United States.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that TESTORE will likely serve all of the time imposed by the court. In the federal system, TESTORE 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 Elizabeth A. Horsman prosecuted the case for the United States.
The investigation was conducted by the U.S. Customs and Border Protection Office of Field Operations.
