Case 4:19-mj-00082-BMM Document 1 Filed 11/20/19 Page 1 of 1
AO 91 (Rev. 11/11) Criminal Complaint
UNITED STATES DISTRICT COURT
for the
District of Montana
FILED
United States of America )
V. )
NOV 2 0 2019
) Case No. Clerk, U.S District Court
Ma Mercedes Rivera-Gutierrez
) MJ-19-82-GF-BMM District Of Montana
) Great Falls
)
)
Defendant(s)
CRIMINAL COMPLAINT
I, the complainant in this case, state that the following is true to the best of my knowledge and belief.
On or about the date(s) of November 17, 2019 in the county of Glacier in the
State and District of Montana , the defendant(s) violated:
Code Section Offense Description
8 USC 1326(a) Illegal Reentry
Two years imprisonment, $250,000 fine, and three years supervised release
This criminal complaint is based on these facts:
See attached Affidavit in Support of Criminal Complaint, incorporated herein by reference.
~ Continued on the attached sheet.
Complainant's signature
Jonatharj Sheets, Supervisory Border Patrol Agent
Printed naine and title
Sworn to before me and signed in my presence.
Date: // ba /(q
City and state: Great Falls, Montana Hon. '•.Brian Morris, U.S. District Court Judge
Printed name and title
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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UNITED STATES OF AMERICA
Case No. MJ-19-82-GF-BMM
V.
MA MERCEDES RIVERA-
GUTIERREZ
AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT
I, Jonathan D. Sheets, being duly sworn, depose and state:
Introduction
1. I have been employed as a Border Patrol Agent (BP A) and a
Supervisory Border Patrol Agent (SBPA) with the United States Border Patrol for
over 12 years. I am assigned to the St. Mary Border Patrol Station, as a
Supervisory Border Patrol Agent - Resident Agent (SBPA-RA) in Cut Bank,
Montana. In that capacity, I am authorized by the Secretary of the United States
Department of Homeland Security (DHS) to enforce the laws pertaining to the
Immigration and Nationality Act.
2. I make this affidavit in support ofa criminal complaint because there
is probable cause to believe that Ma Mercedes Gutierrez, a citizen of Mexico,
Case 4:19-mj-00082-BMM Document 1-1 Filed 11/20/19 Page 2 of 5
illegally reentered the United States after previously being removed, in violation of
8 u.s.c. § 1326.
3. The information contained in this affidavit is based on my personal
observation, training and experience, investigation of this matter, review of
physical files, reports, and information contained in electronic databases, and
information obtained from other law enforcement officers and witnesses involved
in this investigation. Because this affidavit is being submitted for the limited
purpose of securing a criminal complaint, I have not included each and every fact
known to me concerning this investigation. I have set forth only those facts I
believe are necessary to establish probable cause to believe that above-named
individual committed the crime described herein.
Facts Supporting Probable Cause
4. Rivera-Gutierrez is a thirty nine (39) year-old female, native and
citizen of Mexico, who, according to her own admission, last re-entered the United
States afoot, north of Cut Bank, in Glacier County, Montana, on November 17,
2019. Records checks obtained by using Rivera-Gutierrez biographical information
(including fingerprints) revealed that Rivera-Gutierrez had previously been ordered
deported or removed.
5. On November 17, 2019, at approximately 10:45 p.m., a Border Patrol
Agent observed a black Chevrolet Suburban traveling south on Montana Highway
2
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213. Based on intelligence and active surveillance, the agent had reason to believe
the vehicle was being used to traffic undocumented immigrants.
6. The agent activated his emergency lights and performed a vehicle stop
on the black Suburban approximately one mile north of the intersections of
Montana Highway 213 and Montana Highway 215. During the course of the
vehicle stop, multiple subjects exited the Suburban and attempted to abscond on
foot into an agricultural field. Border Patrol Agents searched the field and
apprehended multiple individuals, including a Ma Mercedes Rivera-Gutierrez.
7. Field interviews conducted by Border Patrol Agents revealed that all
apprehended individuals, including Rivera-Gutierrez were citizens of Mexico
illegally present in the United States.
8. All subjects were subsequently arrested by Border Patrol Agents and
taken to the Sweetgrass Border Patrol Station for processing.
9. Upon arrival at the Sweetgrass Station, Rivera-Gutierrez was routinely
enrolled into the e3 System which contains the Automated Biometric Identification
System (ABIS) and the Integrated Automated Fingerprint Identification System
(IAFIS). These systems returned positive criminal and positive immigration
history. Records checks were also conducted through Havre Sector
Communication Center and yielded no criminal history and positive immigration
history.
3
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10. Rivera-Gutierrez's immigration history, based on the record checks,
included:
a. APPREHENSION LOCATION: El Centro, CA
APPREHENSION DATE: 02/04/2001
NAME USED: Sanchez-Baltierra, Blanca
DATE DEPARTED: 02/04/2001
PORT DEPARTED: Calexico, CA
CHARGES: 212a6Cii False claim to US citizenship
DISPOSITION: Ordered Removed with charge sustained
b. APPREHENSION LOCATION: Las Vegas, NV
APPREHENSION DATE: 05/21/2007
NAME USED: Sandoval, Maria
DATE DEPARTED: 05/25/2007
PORT DEPARTED: San Ysidro, CA
CHARGES: 8 USC 1326 Re-Entry of Removed Alien
DISPOSITION: Reinstatement of deport ordered 1-871
c. APPREHENSION LOCATION: Harlingen, TX
APPREHENSION DATE: 04/01/2012
NAME USED: Rivera-Gutierrez, Ma
DATE DEPARTED: 04/02/2012
PORT DEPARTED: Hidalgo, TX
CHARGES: 8 USC 1229a and 212a6Ai Alien present without
admission
DISPOSITION: Reinstatement of deport ordered 1-871
11. During processing at the Border Patrol Station, Rivera-Gutierrez
~
claimed to be a citizen of Mexico. She stated~~~was born in Jalisco, Mexico, in
1980. Rivera-Gutierrez said she illegally entered the United States on November
17, 2019, near Cut Bank Montana. Rivera-Gutierrez said she also lived in Jalisco,
Mexico.
4
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12. Due to the all of the above information, the agent cited Rivera-
Gutierrez with violation of 8 U.S.C. 1326(a), Illegal Reentry. Rivera-Gutierrez
was advised of her Miranda rights. She confirmed the information above.
13. There is no indication in the files ofDHS that Rivera-Gutierrez ever
applied for or obtained the permission of the United States Attorney General or the
Secretary of the Department of Homeland Security to reenter the United States.
14. On the basis of the facts above, I believe there is probable cause that
Rivera-Gutierrez is an alien who has illegally entered the United States, has been
found in the United States without the required permission, and is in violation of
Title 8, United States Code, Section l 326(a) - Illegal Re-Entry After
Deportation/Removal.
Respectfully submitted this JD day ofNovember, 2019.
isory Agent, United States Border Patrol
SUBSCRIBED AND SWORN TO befi re me t h i s ~ day of November, 2019.
United States District Court Judge
