Press Release
DEFENDANTS PLEAD GUILTY ON CHARGES OF ILLEGAL RE-ENTRY OF A PREVIOUSLY REMOVED AND DEPORTED ALIEN
November 18, 2008
FOR IMMEDIATE RELEASE
R. Alexander Acosta, United States Attorney for the Southern District of Florida, Anthony V. Mangione, Special Agent in Charge for U.S. Immigration and Customs Enforcement (ICE) Office of Investigations in Miami, and Hugo Barrera, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms, and Explosives announced guilty pleas in two separate cases.
In one case, on November 14, 2008 defendant Enrique Espino-Hernandez, a Mexican national, pled guilty to violating Title 8, United States Code, Section 1326, Illegal Re-entry of a previously removed and deported alien in front of United States District Court Judge Kenneth A. Marra. Espino-Hernandez faces up to five years in prison at his sentencing on January 30, 2009, 9:30 a.m.
According to documents filed with the court, on July 30, 2008, an Immigration Enforcement Agent who is part of ICE's Office of Detention and Removal Criminal Alien Program (CAP), determined that Espino-Hernandez, who was incarcerated in the PBC Jail, had been previously removed and deported from the United States. A review of the Immigration file corresponding to Espino-Hernandez by an ICE Special Agent revealed that Espino-Hernandez had been removed and deported from the United States on or about May 17, 2008. Prior to being deported, Espino-Hernandez had been convicted in Palm Beach County for Possession of Cocaine, a third degree felony.
In the second case, defendant Fausto Jaimes-Santibañez a Mexican national, was charged by Indictment with three offenses: (1) possessing a firearm while an alien unlawfully in the United States, in violation of 18 United States Code, Section 922(g)(5), which carries a maximum of ten years' imprisonment; (2) reentry after deportation, in violation of 8 United States Code, Section 1326(a), which carries a maximum of two years' imprisonment; and (3) making a false claim to U.S. citizenship, in violation of 18 United States Code, Section 911, which carries a maximum of three years' imprisonment. On November 14, 2008, Jaimes entered guilty pleas to all three offenses, pursuant to a plea agreement, before United States District Court Judge Kenneth Ryskamp. Sentencing is set for 1:30 p.m., January 23, 2009 before Judge Ryskamp in West Palm Beach.
According to the factual proffer filed with the court and statements made during the plea, on July 27, 2008, Jaimes-Santibañez was arrested in connection to a shooting that occurred in Lake Worth on that day. After receiving a report of the shooting, Sheriff's deputies located Jaimes-Santibañez at one of his homes. During the arrest, deputies found a loaded semi-automatic 0.22-caliber Ruger handgun wrapped up in his shirt which was rolled up in a ball next to him. The Ruger had one round in the chamber and eight in the magazine. A search of Jaimes' pockets revealed three additional rounds of 0.22-caliber ammunition.
Jaimes-Santibañez was arrested by local authorities and was charged with aggravated battery with a firearm and carrying a concealed firearm. When federal agents learned of the arrest, they contacted ICE and placed an immigration detainer on Jaimes. After verifying records maintained by the Department of Homeland Security, Jaimes was then indicted in Federal District Court.
"Our office will follow through on the enforcement of orders that are issued against individuals who have violated the immigration laws of the United States." said U.S. Attorney R. Alexander Acosta. "We support the continued efforts of ICE to partner with state and local police agencies to locate these offenders."
"Entering the United States after being deported is a serious criminal offense," said Anthony V. Mangione, Special Agent in Charge of the ICE Office of Investigations in Miami. "ICE will continue to work with our state and local partners to identify and prosecute those persons who have been previously deported and have illegally re-entered the United States."
Mr. Acosta commended the investigative efforts of U.S. Immigration and Customs Enforcement and Bureau of Alcohol, Tobacco, Firearms, and Explosives. These cases were prosecuted by Assistant United States Attorneys William T. Zloch and Marie Ann Villafana.
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
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