IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA
v. Criminal No. 14-180
GOVERNMENTâ€™S BRIEF IN RESPONSE TO COURT ORDER
AND NOW comes the United States of America, by its
attorneys, David J. Hickton, United States Attorney for the
Western District of Pennsylvania, and Charles A. Eberle,
Assistant United States Attorney for said district, and submits
the following brief pursuant to the Court Order of November 24,
2014 (Doc. No. 26).
The defendant, a citizen of Honduras, was arrested on
April 17, 2014 on DUI charges by the New Sewickley Township
Police Department, Beaver County. Following his arrest, he was
released pending the filing of a criminal complaint.
On June 23, 2014, the defendantâ€™s immigration matter
was referred to the Department of Homeland Security (DHS) for
further investigation. It was determined that the defendant had
been removed from the United States on December 5, 2005, and
that he had thereafter re-entered the United States illegally.
Case 2:14-cr-00180-AJS Document 30 Filed 12/05/14 Page 1 of 4
On July 22, 2014, the PA Fugitive Operations Team went
to the defendantâ€™s residence to conduct a â€œknock and talk.â€ The
defendant answered the door and gave the officers permission to
enter. The officers asked the defendant for identification, and
he provided a Honduran passport in his name. The defendant was
then placed under arrest.
The matter was referred to the United States
Attorneyâ€™s Office for criminal prosecution pursuant to 8 U.S.C.
Â§ 1326(a) (reentry of removed alien). Defendant was indicted on
a single Â§ 1326(a) count on July 29, 2014. His initial
appearance occurred on August 1, 2014, and his arraignment on
August 5, 2014. Subsequently, on October 21, 2014, defendant
entered a plea of guilty to the single count of the indictment.
The Court also stated its intent to sentence defendant within
the next three month