FOR IMMEDIATE RELEASE
Monday, May 19, 2008
FERNANDO GONZALEZ 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 May 19, 2008, before U.S. District Judge Sam E. Haddon, FERNANDO GONZALEZ, a 36-year-old citizen of Mexico, appeared for sentencing. GONZALEZ was sentenced to a term of:
- Prison: 4 months and 5 days (time served), will be deported
GONZALEZ was sentenced in connection with his guilty plea to one charge of false impersonation of a citizen of the United States.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On the afternoon of January 15, 2008, GONZALEZ arrived at the Sweetgrass Port of Entry. He was in a truck lane and hauling a commercial load. Canada had refused entry to him due to insufficient proof of citizenship and his criminal history. GONZALEZ gave the U.S. Customs and Border Protection (CBP) officers a California driver's license in the name of Herardo Bolanos. He told officers he was a United States citizen born in California. CBP officers referred GONZALEZ for further inspection.
During the secondary inspection, CBP officers obtained and submitted GONZALEZ'S fingerprints to a computerized database. This query produced a FBI record associated with GONZALEZ'S fingerprints. The FBI record had several aliases for GONZALEZ and several different dates of birth. The record also showed that GONZALEZ had been born in Mexico and was a citizen of Mexico. When questioned about his citizenship, GONZALEZ continued to state that he was a citizen of the United States, born in Los Angeles. He continued to insist his name was Herardo Bolanos, born on February 3, 1965.
GONZALEZ completed an Immigration Declaration form. On this form, GONZALEZ declared that his name was Bolanos and that he was an U.S. citizen.
CBP officers then searched GONZALEZ'S vehicle. This search produced several records and documents in the name of Fernando Gonzalez, including an immunization record (with a February 20, 1971, date of birth), a cell phone bill, and a credit card. When questioned regarding these documents, GONZALEZ stated he had no idea who Fernando Gonzalez was. CBP Officers found one Social Security card in the name of Fernando Gonzalez Melgar and one Social Security card in the name of Herardo Bolanos in GONZALEZ'S wallet. A further review of the documents indicated that GONZALEZ has a son named Fernando Gonzalez Melgar.
On January 16, 2008, further review of the documents found in GONZALEZ'S truck produced two birth certificates in the name of Herardo Bolanos with a date of birth of February 2, 1965. Officers also found an United States Citizenship and Immigration Service (USCIS) petition for an alien relative. These records indicated that a woman named Aleyda Guadalupe Melgar, born June 19, 1973, was applying for Immigration status for her alien spouse, Fernando Gonzalez, with a date of birth of June 15, 1971. A copy of a marriage certificate for Fernando Gonzalez and Aleida Guadalupe Melgar was attached to the petition. Attached also to the petition was Form G-325, biographic information for Fernando Gonzalez, with a photocopy of a photograph of GONZALEZ. Also found among the documents was a Mexican translation of birth certificate for Fernando Gonzalez Dominguez, indicating he was born on June15, 1971, in Mexico.
CBP officers then prepared paperwork to begin removal proceedings. At that time, GONZALEZ admitted he had entered the United States without inspection in 1998 at a place not designated as a port of entry.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that GONZALEZ will likely serve all of the time imposed by the court. In the federal system, GONZALEZ 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 at the Port of Sweetgrass.
