The United States Attorney's Office announced that during a federal court session in Billings, on August 25, 2010, before Chief U.S. District Judge Richard F. Cebull, SERGIO ALVAREZ-GONZALEZ, a 26-year-old citizen of Mexico, pled guilty to illegal re-entry. Sentencing has been set for October 7, 2010. He is currently detained.

In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:

On June 14, 2010, ALVAREZ-GONZALEZ was encountered in Billings by a Montana Department of Transportation Patrol Officer. The officer notified U.S. Homeland Security Investigations (HSI) of the encounter, arrested ALVAREZ-GONZALEZ for several violations, and had him transported to the Yellowstone County Detention Facility. At the detention facility, when questioned, ALVAREZ-GONZALEZ admitted being a citizen and national of Mexico and that he was illegally present in the United States.

On June 21, 2010, ALVAREZ-GONZALEZ completed time for all local charges in Yellowstone County and was released to HSI custody.

A review of immigration records and a fingerprint comparison revealed that ALVAREZ-GONZALEZ had multiple encounters with immigration officers in the last year, with his final removal from the United States on July 12, 2009, through Nogales, Arizona.

Further review of immigration records found no evidence that ALVAREZ-GONZALEZ had received permission from the Attorney General or the Secretary of Homeland Security to reenter the United States after having been removed.

ALVAREZ-GONZALEZ faces possible penalties of a 2 years in prison, a $250,000 fine and 1 year supervised release.

The investigation was a cooperative effort between Montana Department of Transportation and U.S. Homeland Security Investigations.

A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.

 

 

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