FOR IMMEDIATE RELEASE
Wednesday, July 09, 2008
SERGIO CORNEJO-ESPINOZA 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 Missoula, on July 9, 2008, before U.S. District Judge Donald W. Molloy, SERGIO CORNEJO-ESPINOZA, age 29, appeared for sentencing. CORNEJO-ESPINOZA was sentenced to a term of:
- Prison: 169 days (time served)
CORNEJO-ESPINOZA 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 January 23, 2008, a Montana Highway Patrol officer encountered CORNEJO-ESPINOZA at the scene of a one-vehicle accident along Interstate 90 near Bozeman. When asked if he was a United States citizen or had lawful authority to be in the United States, CORNEJO-ESPINOZA stated that he was a citizen of Mexico, but had permission to be in the United States. He further stated that he was not in possession of any documentation confirming his status as a lawful U.S. resident.
A review of immigration records determined that CORNEJO-ESPINOZA did not have permission to be in the United States and had been deported on three prior occasions - (1) February 6, 2003, at San Luis, Arizona; (2) March 7, 2003, at San Luis, Arizona; and (3) May 26, 2004, at Nogales, Arizona. A further review found no evidence that CORNEJO-ESPINOZA had applied for or received permission to reenter the United States from either the Secretary of the Department of Homeland Security or the Attorney General.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that CORNEJO-ESPINOZA will likely serve all of the time imposed by the court. In the federal system, CORNEJO-ESPINOZA 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 Timothy J. Racicot prosecuted the case for the United States.
The investigation was a cooperative effort between the Montana Highway Patrol and the U.S. Immigration and Customs Enforcement.
