FOR IMMEDIATE RELEASE
Wednesday, July 09, 2008
JULIO CESAR GIRON-GUERRERO 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 July 9, 2008, before U.S. District Judge Sam E. Haddon, JULIO CESAR GIRON-GUERRERO, a 29-year-old citizen of Guatemala, appeared for sentencing. GIRON-GUERRERO was sentenced to a term of:
- Prison: 4 months (time served)
- Supervised Release: 1 year
GIRON-GUERRERO 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 March 11, 2008, an agent with the U.S. Customs and Border Protection was notified by Canada Border Services Agency (CBSA) that GIRON-GUERRERO, a citizen of Guatemala, had attempted to enter Canada but was refused entry. GIRON-GUERRERO then returned to Sweetgrass and appeared at the port of entry. He presented a Guatemalan passport which had no evidence of any current Immigration status or permission to be in the United States. GIRON-GUERRERO was referred for secondary processing.
During secondary inspection, a records check revealed that GIRON-GUERRERO had previously been removed on 3 previous occasions.
When interviewed again, GIRON-GUERRERO stated he was born in Guatemala and had resided there until 2005. GIRON-GUERRERO also admitted that he had been deported previously, in October of 2006 and January of 2007. After deportation, he had re-entered the United States without inspection on two different occasions, with the most recent being on March 2, 2007 near Douglas, Arizona.
Further review of the records revealed no evidence that GIRON-GUERRERO ever requested permission to apply for re-entry into the United States from the Attorney General of the United States, or his successor, the Secretary of the Department of Homeland Security.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that GIRON-GUERRERO will likely serve all of the time imposed by the court. In the federal system, GIRON-GUERRERO 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.
