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Friday, December 19, 2014

Mexican National Sentenced for Illegal Reentry



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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