Date: 10-23-2018

Case Style:

Case Number: 3:18-cr-00080-JAM

Judge: Jeffrey A. Meyer

Court: United States District Court for the District of Connecticut (Hartford County)

Plaintiff's Attorney: Deborah R. Slater

Defendant's Attorney: Moira Lynn Buckley and Moira Lynn Buckley - FPD

Description: Hartford, CT - Citizen of Mexico Sentenced to 3 Years in Federal Prison for Third Illegal Reentry Offense

JOSE DEL CARMEN HERNANDEZ HERNANDEZ, 43, a citizen of Mexico last residing in Hartford, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to 48 months of imprisonment, followed by three years of supervised release, for illegally reentering the U.S. after being deported, and for violating the conditions of his supervised release from a prior federal conviction for illegally reentering the U.S.

According to court documents and statements made in court, between 1999 and 2009, HERNANDEZ, who has never held legal status in the U.S., sustained multiple state convictions, including convictions for assault, threatening and operating under the influence. In April 2009, he was removed to Mexico. HERNANDEZ unlawfully reentered the U.S., returned to Connecticut and was subsequently convicted in state court on charges of evasion with injury, and criminal mischief. After he was arrested in Hartford, in March 2013, on breach of peace and criminal mischief offenses, HERNANDEZ was identified by federal immigration authorities and was charged and convicted in federal court of reentry of a removed alien. On September 10, 2013, he was sentenced in Hartford federal court to 12 months of imprisonment. In April 2014, he was again deported to Mexico.

HERNANDEZ illegally reentered the U.S. a second time and returned to Connecticut. In November 2015, HERNANDEZ was arrested by Hartford Police for driving under the influence. He subsequently was charged and convicted in federal court of reentry of a removed alien and, on July 15, 2016, Judge Meyer sentenced him to 12 months and one day of imprisonment, followed by three years of supervised release. On July 26, 2016, he was convicted in state court of operating under the influence and was sentenced to three years of incarceration, suspended after one year. After he served his federal and state sentences, he was removed to Mexico in May 2017.

HERNANDEZ illegally reentered the U.S. a third time and, on January 11, 2018, was arrested by the Hartford Police Department for multiple motor vehicle violations, including operating under the influence. He has been detained since his arrest.

On August 7, 2018, HERNANDEZ pleaded guilty to one count of illegal reentry.

HERNANDEZ’s driving under the influence case is pending in state court.

This matter was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.

Charge:

REENTRY OF DEPORTED ALIENS - Reentry of Removed Alien
(1)

Outcome: Defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total of 48 months. In light of the Courts sentence on count 1, the Court does not sentence defendant to any term of imprisonment for the violation of supervised violation in case 3:16cr33(JAM) involving identical conduct of unlawful reentry by a removed alien. Defendant shall be on supervised release for a total term of 3 years; special assessment of $100.00 shall be paid immediately.

Plaintiff's Experts:

Defendant's Experts:

Comments: