Free Complaint - District Court of California - California

g Case 5:_07—or-00340-RIVIW Document 1 Filed 05/16/2007 Page 1 of 3
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L O? CALIFORNIA
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UNITED STATES OF AMERICA W -
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V. W ;i;gQRll\/IINAL COMPLAINT 1
Daniel VICTORIA—BENTANCOURT _ if I G if A
AKA: Daniel BENTANCOURT e
(Name and Address of Defendant) ‘
1, the undersigned complainant being duly sworn state the tollowing is true and correct to the best of my .
knowledge and belief. On a date unknown but no later than, Februag 28, 2007 , in Monterey County
in tlie Northern District of California <;lefendant(s) `
Unlawfully re—en.tered and was found in the United States after deportation, without the permission
of the Attorney General
in violation ofTit1e 8 United States Code, Section(s) i326
i I further state that l arn a(n) Deportation Ofiieer and that this complaint is based on the following
Onieia1Tttl¤
facts;
SEE ATTACHED AFFIDAVIT
PENALTIES: $250,000.00 fine, twenty years imprisonment and $100.00 special assessment fee
and a Term of Supervised Release np to three years.
Requested bail: Issue no bail warrant.
l APt’RO\/ED AS TO FORM: i _ - if ’t-»·*’i¤r‘“¤
ASSl ANT UNETES s’rA"rE EY
Continued on the attached sheet and made a part hereof: >< Yes EZ`] No
2 A i1 aa lt ’\—~»
‘ Si iature of Complainant ‘
Sworn to before me an% subscribed in rny presence,
i
% igg 9 · at Sa Jo E , California
‘ §Date 5% Cigy and State
Howard R. Ltoyé it- ,__.
UNITED STATES MAGISTRATE IUDGE A `it`
Name 8; Title of Judicial Officer Signature ofindicial O, icer

, _ Case 5:07—cr—00340-Fll\/IW Document 1 Filed 05/16/2007 Page 2 of 3
RE: VICTORiA—BENTANCOUR'f, Daniel A 078 055 234 I
I, Darin L. Masterton, ain a Deportation Oihcer of the United States Department of Homeland .·_i
Security, lmrnigration and Customs Enforcement (ECE). I have been employed by this agency, --
and the former immigration and Naturalization Service (ENS), since September 15, l996. I am j
currently assigned to the Criminal. Alien Program (CAP) at the San J ose, California Sub—Oftice. `-Z
ln such capacity, ll have reviewed the official iininigration ‘“A—li`ile" relating to the above named E
defendant, which attests to the following:
A (l) DEFENDANT: Daniel VlCTORLA~BENTAl\lCOURT, is a 29—year—old inale, citizen and
native of Mexico, born on October 2l, l97‘7, in Michoacan, Mexico, substantiated by
official A~File records, and statements given bythe DEFENDANT on February 28, 2007,
to ICE immigration Enforcement Agent Aleiandro Sierra;
(2) DEFENDANT has been assigned Alien Registration number A078 055 234, FBI number
of 623724FBO and California Criminal information Index number of AH854726;
(3) The DEFENDANT is also know by the following alias (“AKAs") names:
Daniel BENTANCOURT
(4) On April 29, l998, the BEFENDANT was convicted in the Superior Court of California,
for the offense of ASSAULT WITH A DEADLY WEAPON, a felony, in violation of
California Penal Code Section 245(a)(l), and was sentenced to two years in state prison.
This offense is defined as an aggravated felony under Title 8, United States Code, Section
ll0l(a)(·43)(F);
(5) On June 3, 1999, INS arrested and deported the DEFENDANT from the United States to
Mexico;
(6) On May I0, 2004, the DEFENDANT was convicted in the Superior Court of California,
for the offense of ASSAULT WITH A DEADLY WEAPON, a felony, in violation of
California Penal Code Section 2¢i5(a)(l), and was sentenced to four years in state prison.
This offense is defined as an aggravated felony under Title 8, United States Code, Section
ll0l(a)(43)(F);
(7) On February 28, 2007, the DEPENDANT was encountered by ICE Immigration
Enforcement Agent (IEA) Alejandro Sierra, at Soledad State Prison, Soledad, California,
and during initial questioning, was deterrnined to be unlawfully present in the United
States after a prior deportation. IEA Sierra advised the DEFENDANT of his Miranda
rights in the Spanish language. The DEFENDANT waived his Miranda rights and
provided a written sworn statement attesting to his alienage, prior deportation, and failure
to obtain permission from the Secretary of the Department of Homeland Security or the
United States Attorney General to reenter the United States;

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_ _ Case 5:07-cr-00340-RIVIW Document 1 Filed 05/16/2007 Page 3 of 3
_ RE: VICTOR!/X—BENTANCOURT, Daniel A 078 {355 234
(8) The DEFENT)/\NT’s official A~—File does riot contairi any record or indication that the
DEFENDANT requested or received permission from the Secretary of the Department of ._
Homeland Security or the Attorney General of the United States to reenter the United -
States; .
(9) Based on the above stated infomation, this Ofticer believes there is sufficient probable I i
cause that the DEFENDANT is present within the Uuited States in violation of Title 8,
United States Code, Section 1326. .
if I t ’/bm 1
&Dai& Maste oi
Deportation Officer
immigration and Customs Enforcement
Subscribed arid sworn to before me this i w day of § ‘ ~c;$2007 .
i ` t
. g { it
Howard R. Lgd i i
UNITED ST L ES MAéS{}i`RATE I
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Case 5:07-cr-00340-RMW

Document 1

Filed 05/16/2007

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Case 5:07-cr-00340-RMW

Document 1

Filed 05/16/2007

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Case 5:07-cr-00340-RMW

Document 1

Filed 05/16/2007

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