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Date: 03-06-2022
Case Style:
Case Number: 1:21-cr-00125-HSO-RPM
Judge: Halil S. Ozerden
Court: United States District Court for the Southern District of Mississippi (Harrison County)
Plaintiff's Attorney: United States Attorney’s Office
Defendant's Attorney:
Description: Gulfport, Mississippi criminal defense attorney represented defendant charged with unlawful reentry by an alien removed after felony conviction.
Wilmer Josue Pavon-Hercules, 40, was arrested on September 12, 2021, following a traffic stop by a Picayune Police officer on Interstate 59 in Pearl River County. Pavon-Hercules did not have a driver’s license and provided only a Honduran identification card. The officer was assisted on-site by a deputy of the Pearl River County Sheriff’s Department. While officials were attempting to arrest Pavon-Hercules for careless driving and driving under the influence (DUI), he attempted to flee law enforcement and then bit the police officer while being handcuffed. Pavon-Hercules was taken into custody and transported to Pearl River County Jail. Later, he escaped from the Pearl River County Jail and was recaptured by deputies.
Picayune officials contacted Homeland Security Investigations (HSI) regarding the immigration status of Pavon-Hercules. HSI determined through electronic database queries that Pavon-Hercules was a citizen of Honduras who was previously deported from the United States to Honduras. Immigration Records revealed that Pavon-Hercules had been removed from the U.S. on August 23, 2012. He returned to the U.S. and was convicted in the U.S. District Court for the Western District of Louisiana in 2017 for reentry by an alien following removal. He was again returned to his home nation of Honduras.
Pavon-Hercules pled guilty on December 14, 2021, to unlawful reentry by an alien removed after felony conviction.
The case was investigated by Homeland Security Investigations, the Picayune Police Department, and the Pearl River County Sheriff’s Office.
Assistant United States Attorney Stan Harris prosecuted the case.
UNLAWFUL REENTRY BY A REMOVED ALIEN PREVIOUSLY CONVICTED OF A FELONY
(1)
8 U.S.C. 1326 provides:
Subject to subsection (b), any alien who—
(1) has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding, and thereafter
(2) enters, attempts to enter, or is at any time found in, the United States, unless (A) prior to his reembarkation at a place outside the United States or his application for admission from foreign contiguous territory, the Attorney General has expressly consented to such alien's reapplying for admission; or (B) with respect to an alien previously denied admission and removed, unless such alien shall establish that he was not required to obtain such advance consent under this chapter or any prior Act,
shall be fined under title 18, or imprisoned not more than 2 years, or both.
Outcome: Defendant was sentenced to 15 months in prison.
Plaintiff's Experts:
Defendant's Experts:
Comments: