Free Trial Brief - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

PAUL K. CHARLTON United States Attorney District of Arizona EMORY T. HURLEY Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004 Arizona State Bar No. 014812 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR04-872-PHX-DGC Plaintiff, JOINT STATEMENT OF THE CASE v. Antonio Hernandez-Rivera, and Jorge Avena-Pardo, Defendant.

On July 23, 2004, defendant Antonio Hernandez-Rivera was arrested at a house at 4928 West Avalon, Phoenix, Arizona. The house at which he was arrested contained 19 illegal aliens and Hernandez-Rivera. Of the 19 illegal aliens, five were paroled into the United States as material witnesses by Immigration and Customs Enforcement. On July 26, 2004, a complaint was filed against Hernandez-Rivera in District Court, charging him with harboring illegal aliens in violation of Title 8, United States Code, Section 1324(a)(1)(A)(iii). On August 18, 2004, an Indictment was returned against defendant, charging him in Count 1 with hostage taking, in violation of 18 U.S.C. § 1203; in Count 2 with using, carrying and brandishing a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. § 924(c); and in Count 3 with harboring illegal aliens, in violation of 8 U.S.C. § 1324(a)(1)(A)(iii). Defendant Hernandez-Rivera entered a plea of not guilty to the Indictment.

Case 2:04-cr-00872-DGC

Document 63

Filed 11/28/2005

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

On November 16, 2004, defendant Jorge Avena-Pardo was arrested for being an illegal alien in possession of a firearm after a firearm was found in his vehicle following a traffic stop. On November 17, 2004, a complaint was filed against Avena-Pardo in District Court, charging him with being an alien in possession of a firearm in violation of 18 U.S.C. § 922(g)(5). On December 15, 2004, an Indictment was returned against Jorge Avena-Pardo, charging him with alien in possession of a firearm, in violation of 18 U.S.C. §922(g)(5), in Case Number CR04-1279-PHX-MHM. (Avena-Pardo subsequently plead guilty pursuant to a plea agreement in this case on September 23, 2005. His sentencing is currently set for December 19, 2005.) On December 15, 2004, a superceding indictment was returned against both defendant Hernandez-Rivera and Avena-Pardo, charging them in Count 1 with conspiracy to commit hostage taking, in violation of 18 U.S.C. § 1203; in Count 2 with hostage taking, in violation of 18 U.S.C. § 1203; in Count 3 with using, carrying, and brandishing a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. § 922(c); and in Count 4 with harboring illegal aliens, in violation of 8 U.S.C. § 1324(a)(1)(A)(iii). Both defendants entered pleas of not guilty. The case is currently set for trial on December 6, 2005.

PAUL K. CHARLTON United States Attorney District of Arizona /s/ /s/ EMORY T. HURLEY Assistant U.S. Attorney

JASON LEONARD Counsel for Defendant 22 Jorge Avena-Pardo
23 24

/s/

DAVID OCHOA 25 Counsel for Defendant Antonio Hernandez-Rivera
26 27 28 2

Case 2:04-cr-00872-DGC

Document 63

Filed 11/28/2005

Page 2 of 2