BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jose Maria Agustin, 43, a native and citizen of Mexico, most recently of Elba, NY, pleaded guilty to reentry after deportation subsequent to an aggravated felony conviction (Rape), before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Special Assistant U.S. Attorney Brian J. Counihan, who is handling the case, stated that in 2009, the defendant was convicted in California of Forcible Rape and Assault with a Deadly Weapon and sentenced to five years in prison. After serving his prison sentence, Agustin was removed from the United States to Mexico by U.S. Immigration and Customs Enforcement. As a result of this conviction, the defendant was permanently barred from returning to the United States.
In December of 2015, Agustin was found working in the United States. The defendant was doing so without having permission to reenter the United States and without employment authorization. In addition, Agustin was required to register as a sex offender in California and had not registered as a sex offender in New York State.
The plea is the result of an investigation by Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction Michael Phillips, Buffalo Field Office Director and the Genesee County Sheriff’s Office, under the direction of Sheriff Gary Maha.
Sentencing is scheduled for April 4, 2017 at 10 a.m. before Judge Vilardo.
Source: U.S. Department of Justice, Office of the United States Attorneys
