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Man Deported 7 Times Sentenced To Federal Prison

POSTED: 4:30 pm PDT May 5, 2008
UPDATED: 4:58 pm PDT May 5, 2008

An illegal immigrant who has Southland gang ties and seven deportations under his belt was sentenced to nearly four years in federal prison Monday for illegally re-entering the United States.

Ascencion Hernandez-Perez, a 38-year-old Mexican national, was sentenced to a 46-month term by U.S. District Judge R. Gary Klausner in downtown Los Angeles.

Hernandez-Perez is believed to be a member of the East Los Angeles-based Vicky's Town street gang, according to Assistant U.S. Attorney Brock Lunsford, who said the defendant has a "VST" tattoo on his abdomen and an "East Los" tattoo on his back.

He told investigators in late November that he was a member of the Van Nuys-based Valerio Street gang, but he changed his story one month later, Lunsford said.

Hernandez-Perez's mother and sister were present for his sentencing. His sister, clearly upset about the length of her brother's sentence, cursed at his attorney, Deputy Federal Public Defender Kimberly Savo, outside the courtroom.

Speaking after the hearing, Savo took exception to what she said was federal prosecutors' categorization of her client as being among the "worst of the worst" offenders.

"He's actually pretty average," she said, noting that Hernandez-Perez has never been convicted of robbery or drug sales -- two crimes typically seen among those considered to be the worst offenders.

Hernandez-Perez has prior convictions for domestic violence and making criminal threats, according to court documents.

Most of his criminal activity occurred in East Los Angeles and southeastern Los Angeles County, Lunsford said.

Hernandez-Perez was taken into federal custody late last year as part of "Operation Winter Warming" -- a joint effort by federal and local law enforcement to further punish illegal immigrant gang members by charging them with the felony of re-entering the United States after deportation. The crime is punishable by up to 20 years in federal prison.

Hernandez-Perez, who is currently jailed at the Metropolitan Detention Center in downtown Los Angeles, pleaded guilty to the charge on Feb. 21.

Law enforcement sweeps have been conducted in Los Angeles County jails in recent years, targeting illegal immigrants with gang ties.

The U.S. attorney's office has also stepped up its prosecution of the crime, which has led some to accuse the office of beefing up its conviction rates at the expense of illegal immigrants, some of whom have gone decades without committing a serious crime.

But those in law enforcement argue that these kinds of prosecutions keep dangerous criminals off the streets.

According to U.S. attorney's office spokesman Thom Mrozek, re-entering the United States after deportation is the most prosecuted federal crime in the Central District of California, which comprises the counties of Los Angeles, Orange, Riverside, San Bernardino, Ventura, Santa Barbara and San Luis Obispo.

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