U.S. Attorney Kenneth A. Polite announced that JOSE RAMON
GARCIANO-CABANILLA, age 47, a Mexican citizen, was sentenced today after having
previously pled guilty to a one-count Indictment for illegal reentry of a
removed alien.
United States District Court Judge Lance M. Africk sentenced
GARCIANO-CABANILLA to 22 months imprisonment followed by 3 years of supervised
release, and a $100 special assessment.
According to court documents, on or about June 5, 2014,
agents of the Immigration and Customs Enforcement (“ICE”) encountered
GARCIANO-CABANILLA after he had been arrested for traffic violations. After a records check, agents learned that
GARCIANO-CABANILLA was a Mexican citizen who had not entered the United States
legally and, in fact, had been previously deported from the United States on
November 4, 2008. It was also learned
that GARCIANO-CABANILLA had re-entered the United States without being
inspected by United States Border Patrol officials and without the consent of
the United States Attorney General.
At the sentencing hearing, Judge Fallon determined that
GARCIANO-CABANILLA was subject to the 8 USC 1326(b)(1) sentencing enhancement
provision due to GARCIANO-CABANILLA’s April 2003 prior conviction for
conspiracy and possession with the intent to distribute marijuana.
U.S. Attorney Polite praised the work of the Immigration and
Customs Enforcement Agency in investigating this matter. Assistant United States Attorney Rick Veters
is in charge of the prosecution.
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