FOR IMMEDIATE RELEASE
Wednesday, July 16, 2008
HECTOR BACA-QUIROZ 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 16, 2008, before U.S. Magistrate Judge Jeremiah C. Lynch, HECTOR BACA-QUIROZ, a 36-year-old citizen of Mexico, pled guilty to illegal re-entry by a previously deported alien. Sentencing is set for November 14, 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 August 9, 2007, BACA-QUIROZ was arrested in Gallatin County and charged with possession with intent to distribute dangerous drugs. He was convicted of that charge and served 225 days.
On April 9, 2008, the Gallatin County authorities contacted agents from the United States Immigration and Customs Enforcement (ICE). ICE had previously lodged a detainer on BACA-QUIROZ because they suspected him to be an alien illegally present in the United States. ICE agents took custody of BACA-QUIROZ and ran his fingerprints in their computerized database. The query revealed that BACA-QUIROZ was indeed an illegal alien. His immigration records reflected that he was deported from the United States on April 15, 2003, through the port of entry at San Ysidro, California, and on April 25, 2006, through the port of entry at El Paso, Texas. His 2006 removal included a lifetime ban.
There is no evidence in BACA-QUIROZ'S 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.
BACA-QUIROZ 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.
