FOR IMMEDIATE RELEASE
Tuesday, July 01, 2008
JOSE PINEDA-GALLEGOS PLEADS GUILTY IN U.S. FEDERAL COURT
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Missoula on July 1, 2008, before U.S. Magistrate Judge Jeremiah C. Lynch, JOSE PINEDA-GALLEGOS, a 25 citizen of Mexico, pled guilty to illegal re-entry of a previously removed alien. Sentencing is set for November 7, 2008. He is currently detained.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On March 21, 2008, a U.S. Immigration and Customs Enforcement officer received information that several aliens were illegally present in the United States and residing at a residence in Bonner. The agent corroborated the information and proceeded to the house, accompanied by other ICE agents, to continue his investigation. When he arrived at the house, he knocked on the door and it opened slightly. A Hispanic male answered the door and invited the agents inside.
In response to the agent's questions, the Hispanic male acknowledged that several other people were present in the house. Those other people, including PINEDA-GALLEGOS, were located and interviewed. During the course of the interview PINEDA-GALLEGOS admitted that he was an alien illegally present in the United States. His immigration records reflect that he was deported from the United States on March 12, 2002, December 22, 2004, and April 5, 2005, through the Port of Entry at Nogales, Arizona. There is no evidence in PINEDA-GALLEGOS' immigration file that he applied for permission to reenter the United States with either the Secretary of the Department of Homeland Security or the Attorney General.
PINEDA-GALLEGOS faces possible penalties of 20 years in prison, a $250,000 fine and 3 years supervised release.
Assistant U.S. Attorney Timothy J. Racicot prosecuted the case for the United States.
The investigation was conducted by the U.S. Immigration and Customs Enforcement.
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A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.
