Annandale Man Plans Guilty Plea In Federal Immigration Case

ANNANDALE, VA — An Annandale man accused of illegally reentering the United States after being deported four times intends to plead guilty next week, with his attorney asking a federal judge to sentence him immediately and release him based on the time he has already spent in custody.

Charlie Lazo Fuentes, 57, is scheduled to appear Tuesday, Nov. 10, before U.S. District Judge Michael S. Nachmanoff in Alexandria for a plea agreement hearing, according to federal court records reviewed Friday.

In a 15-page motion filed Thursday, Nov. 5, Assistant Federal Public Defender Sean Carlton Mitchell said Lazo Fuentes intends to plead guilty to illegal reentry after removal, a federal offense carrying a maximum sentence of two years in prison. The filing also states that Lazo Fuentes is waiving his right to a grand jury indictment and agreeing to be charged through a criminal information.

Defense Seeks Immediate Sentencing

Mitchell's motion states that federal prosecutors and the defense agree that Lazo Fuentes should be sentenced immediately after entering his guilty plea, without a presentence investigation and report.

Both sides also agree that the advisory federal sentencing guidelines recommend a prison term of zero to six months. However, they have not agreed on an appropriate sentence.

The defense is requesting a sentence of time served, noting that Lazo Fuentes has been in federal custody since Oct. 21. By his scheduled Nov. 10 hearing, he will have spent approximately 20 days in federal detention. Prosecutors and defense attorneys agree that the advisory sentencing guidelines recommend zero to six months in prison, although they have not agreed on an appropriate sentence.

"Mr. Fuentes accepts full responsibility for his offense," Mitchell wrote in the motion.

The attorney argued that Lazo Fuentes' age, health problems, employment history and personal circumstances support a sentence that would not require additional incarceration.

According to the filing, Lazo Fuentes was born in Oaxaca, Mexico, and entered the United States in 1985 or 1986. He initially worked in construction in Houston before moving to Virginia, where he worked as a painter.

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Mitchell said his client has diabetes, high cholesterol and lingering injuries from a broken arm and leg.

The defense filing also states that Lazo Fuentes intends to return to Mexico following the resolution of his federal case and does not plan to reenter the United States.

The motion describes Lazo Fuentes as remorseful and argues that additional incarceration is unnecessary.

Federal court records do not indicate that Nachmanoff has ruled on the request for immediate sentencing or that Lazo Fuentes has entered a guilty plea.

Federal Case Followed Fairfax County Arrest

The pending guilty plea follows a series of state and federal proceedings stemming from Lazo Fuentes' July 5 arrest in Fairfax County.

As Patch previously reported, Fairfax County prosecutors dropped a felony strangulation charge against Lazo Fuentes during an Oct. 20 preliminary hearing in Fairfax County Juvenile and Domestic Relations District Court.

The charge was discontinued through a nolle prosequi disposition, meaning prosecutors chose not to proceed with the case.

A separate misdemeanor charge of assault and battery of a family member received a deferred disposition. That case remains unresolved, with another hearing scheduled for Aug. 12, 2027.

The defense's latest federal filing acknowledges both state charges, describing the strangulation case as having been dropped and the misdemeanor as remaining under deferred disposition.

According to an affidavit filed Aug. 31 by U.S. Immigration and Customs Enforcement Deportation Officer Mary Riehs, federal investigators learned in July that Lazo Fuentes had been arrested in Fairfax County.

Investigators obtained fingerprints from his July arrest and compared them with federal immigration records.

An ICE Homeland Security Investigations forensic laboratory confirmed Aug. 12 that the fingerprints matched records associated with Lazo Fuentes' September 2016 deportation, according to the affidavit.

Federal investigators determined that Lazo Fuentes had previously been removed from the United States on four occasions: April 2, 2012; April 20, 2012; June 15, 2016; and Sept. 12, 2016.

The affidavit states that investigators found no evidence that Lazo Fuentes had received authorization to return to the United States following his removals.

Federal Detention And Plea Hearing

Federal prosecutors filed a criminal complaint Aug. 31, accusing Lazo Fuentes of violating 8 U.S.C. Section 1326(a), which prohibits certain previously removed noncitizens from reentering the United States without authorization.

A federal arrest warrant was issued that day.

Lazo Fuentes was arrested on the federal warrant Oct. 21, one day after the Fairfax County preliminary hearing at which the felony strangulation charge was dropped.

During an Oct. 26 hearing before U.S. Magistrate Judge William B. Porter, Lazo Fuentes waived his preliminary and detention hearings. Porter ordered him to remain in federal custody.

In Thursday's filing, Mitchell argued that his client's immigration history and personal circumstances warrant a sentence of time served.

The attorney cited three previous illegal reentry cases handled by Nachmanoff in which defendants received sentences ranging from 46 days to approximately five months.

Mitchell argued that those cases support a similar outcome for Lazo Fuentes, whose advisory sentencing range is zero to six months.

The motion also acknowledges Lazo Fuentes' previous convictions, including larceny offenses from the early 1990s and a 2012 misdemeanor illegal entry conviction.

The defense maintains that Lazo Fuentes has accepted responsibility for violating federal immigration law and intends to return to Mexico.

The Nov. 10 plea agreement hearing is scheduled for 10 a.m. in Courtroom 600 of the federal courthouse in Alexandria.

Assistant U.S. Attorney Alecia Watson is prosecuting the case.

As of Friday morning, federal court records did not show a completed guilty plea, conviction or sentencing order.

Lazo Fuentes remains presumed innocent of the federal charge unless and until his guilt is established in court.