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Date: 11-18-2020

Case Style:

United States of America v. Fidelina Mwelu Mutisya

Case Number: 4:19-cr-00170-GAF

Judge: Gary A. Fenner

Court: United States District Court for the Western District of Missouri (Jackson County)

Plaintiff's Attorney: United States District Attorney’s Office, Kansas City, Missouri

Defendant's Attorney:

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Description: Kansas City, Missouri fraud charge criminal defense lawyer represented defendant charged with conspiracy to commit marriage fraud.

Fidelina Mwelu Mutisya, 61, of Winchester, Ohio, was charged with one count of criminal conspiracy.

By pleading guilty today, Mutisya admitted that she participated in a conspiracy to enter into fraudulent marriages for the purpose of circumventing federal immigration laws in exchange for money.

Mutisya entered into a fraudulent marriage to a United States citizen on June 22, 2007, for the sole purpose of acquiring permanent resident status. She paid her citizen spouse $1,000 at the time of the wedding and approximately $100 per month afterward until the immigration process was complete. Mutisya admitted that she filed a form with U.S. Citizenship and Immigration Services falsely representing that her marriage was valid. She also advised her citizen spouse to continue to tell investigators that the marriage was legitimate, and to never disclose she paid him for the marriage.

Mutisya, who was admitted to the United States on a visitor (B-1) visa, is a lawful resident. Today’s felony conviction may have consequences with respect to her immigration status. Under federal law, a broad range of crimes are removable offenses, including the offense to which she pleaded guilty; however, removal and other immigration consequences are the subject of a separate proceeding.

Mutisya’s fraudulent marriage was arranged by Delmar Dixon of Kansas City, Missouri, who was convicted in a separate but related case. Dixon was sentenced on July 13, 2017, to three years in federal prison without parole.

This case is being prosecuted by Assistant U.S. Attorney Patrick D. Daly. It was investigated by Immigration and Custom Enforcement’s (ICE) Homeland Security Investigations (HSI) and U.S. Citizenship and Immigration Services.


Outcome: 11/17/2020 63 REPORT AND RECOMMENDATION on Plea of Guilty as to Fidelina Mutisya. Objections to R&R due by 12/1/2020. Signed on 11/17/2020 by Magistrate Judge Lajuana M. Counts. (Bliss, Sue) (Entered: 11/17/2020)
11/17/2020 64 Minute Entry for proceedings held before Magistrate Judge Lajuana M. Counts: CHANGE OF PLEA HEARING as to Fidelina Mutisya held on 11/17/2020: Defendant appears in person and on bond to change her plea from not guilty to guilty to Count 1 of the 4 Count Indictment. Defendant consents to appear before a US Magistrate Judge for this hearing.

Defendant sworn. Defendant questioned by the Court regarding physical and mental condition. Defendant advised of rights, waiver of rights by a guilty plea and maximum penalty. Plea agreement spread on the record. Parties discuss other offers of plea. Plea agreement to be filed. Court finds defendant's plea is free & voluntary; factual basis presented. Government advises of evidence that would be presented if case went to trial. Defense counsel inquires defendant. Court will enter a report and recommendation. Court orders a Pre-sentence Investigation Report. Defendant remains on bond pending sentencing.

Counsel appearing for USA: Patrick Daly. Counsel appearing for Defendant: Jay Perez. Pretrial/Probation Officer: Kate Dickensheet. Time in court: 2:04pm to 2:45pm. To order a transcript of this hearing please contact Traci Chorny, 816-512-5789. This is a TEXT ONLY ENTRY. No document is attached. (Chorny, Traci) (Entered: 11/17/2020)
11/17/2020 65 Consent to Entry of Felony Plea Before Magistrate by Fidelina Mutisya. (Chorny, Traci) (Entered: 11/17/2020)
11/17/2020 66 PLEA AGREEMENT as to Fidelina Mutisya. (Chorny, Traci) (Entered: 11/17/2020)

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