The United States Attorney's Office announced that during a federal court session in Billings, on December 21, 2010, before Chief U.S. District Judge Richard F. Cebull, ANGEL MORENO-MARCIAL, a 24-year-old resident of Mexico, pled guilty to illegal re-entry. Sentencing has been set for February 9, 2011. 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 October 15, 2010, MORENO-MARCIAL was encountered in Billings by State of Montana Department of Transportation (DOT) officers who then contacted U.S. Homeland Security Investigations (HSI) agents, as they suspected MORENO-MARCIAL was an illegal alien. When questioned by an HSI agent regarding his citizenship status, MORENO-MARCIAL admitted to being a citizen and national of Mexico illegally present in the United States.

A search of Immigration Records and a fingerprint comparison revealed that MORENO-MARCIAL had been removed from the United States at least four times previously, with the last removal on March 30, 2010, via the Douglas, Arizona Port of Entry. When questioned further, MORENO-MARCIAL admitted to having been previously removed from the United States. He also admitted he had never applied to the Secretary of Homeland Security to reenter the United States.

Further review of Immigration Records found no evidence that MORENO-MARCIAL had received permission from the Attorney General or the Secretary of Homeland Security to reenter the United States after having been removed.

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

The investigation was a cooperative effort between the State of 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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