PHOENIX (LAWFUEL) – Jose Samaniego-Lara, 43, of Gomez Palacio, Durango, Mexico, was found guilty by a federal jury today of Illegal Reentry After Prior Removal. The case was tried before U.S. District Judge Frederick J. Martone on March 3-4, 2009. Samaniego-Lara remains in federal custody pending sentencing which is set before Judge Martone on May 18, 2009 at 3:30 p.m.
The evidence at trial showed that Samaniego-Lara was deported through Laredo, Texas on June 29, 2004. Samaniego-Lara re-entered the United States – without obtaining consent from the United States Government – less than one-month later in July 2004. He was found four years later on November 6, 2008, in a Maricopa County, Ariz., jail by Maricopa County Sheriff’s Office 287(g) Detention Officers. The Government was able to secure its verdict by clearly demonstrating that Samaniego-Lara had voluntarily entered the United States and knowingly remained in the United States for quite some time before he was found.
A conviction for Illegal Reentry After Removal carries a maximum penalty of 10 years, a $250,000 fine or both. In determining an actual sentence, Judge Martone will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.
The investigation leading to the guilty verdict was conducted by U.S. Immigration and Customs Enforcement, Office of Detention and Removal Operations, and the Maricopa County Sheriff’s Office. The prosecution was handled by Josh Patrick Parecki and Dominic Lanza, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR- 09-0021-PHX-FJM
RELEASE NUMBER: 2009-075(Samaniego-Lara)