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WEDNESDAY FEBRUARY 28, 2007 Last modified:
Tuesday, February 27, 2007 5:34 PM CST


Illegal immigrant gets a year for endangerment with knife

By Jonathan Clark/Wick News Service

An illegal Mexican immigrant was sentenced to one year in prison yesterday for endangering a man he tried to rob at knifepoint in Douglas.

The defense for 28-year-old Ivan Noriega had asked Judge Charles Irwin for probation so that he could be turned over to federal agents for deportation. Defense attorney Robert Zohlmann told the judge that Noriega suffers psychological problems and had stopped taking his medication at the time of the incident.

Now that Noriega is back on his medication, Zohlmann said, his behavior has stabilized.

Given a chance to address the court, Noriega told the judge: "I just need an opportunity to help my family and to get a job and go back to school in Mexico."

But Irwin, noting Noriega's history of illegal entries into the U.S., opted for the presumptive prison sentence of one year.

However, the judge added, considering the Department of Corrections' policy of releasing foreign nationals for deportation after they have served 50 percent of their sentence, Noriega, who has 124 days credit for time already served, will likely spend only a short time behind bars.

Even so, Noriega was visibly upset following the judge's ruling. He was removed from the courtroom by a Sheriff's deputy after he crumpled up his copy of the judge's order and threw it to the floor.

According to court records, Noriega was arrested by Douglas police two days after he approached two young men and threatened to stab one of them if he didn't hand over a chain necklace.

Noriega was initially charged with attempted armed robbery and aggravated assault but pleaded guilty to endangerment as part of a plea deal with the state.

Noriega reportedly told a probation officer that he tried to rob the man because he needed money to go to Tucson to look for a job.

He also told the probation officer that he was born in Agua Prieta, Sonora, but lived in the U.S. as a legal resident until his visa was revoked in 2003 following a domestic violence conviction.