DENVER - As a result of an investigation by U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO), an illegal alien from Ireland and a recent resident of Helena, Mt., was indicted by a federal grand jury this week on charges of illegally re-entering the United States and unlawfully possessing ammunition.
According to the Aug. 29 indictment returned by the grand jury, Kevin Barry McAuley, 46, of Belfast, Ireland, was arrested on Aug. 17 by ICE ERO officers; as well as deputies, agents and officers from the Denver Police Department (DPD) and the U.S. Marshal Service's (USMS) Fugitive Location and Apprehension Group. During a search of the defendant's vehicle, law enforcement officials found a box containing 50 rounds of Winchester .40 caliber ammunition. It is against federal law for someone in the United States illegally to possess ammunition.
McAuley has at least five known aliases, including the following: Michael Gabriel Hoverty, Keith Christopher Morony, Kevin Loughrin, Steven Maloney and Patrick Roche.
The indictment also alleges that on that same date, Aug. 17, 2011, McAuley was found in the United States illegally. He had been previously deported on Feb. 27, 2006.
"Anyone who unlawfully re-enters the United States after having been formally deported commits a felony," said John Longshore, field office director for ICE ERO in Denver. "ICE ERO works closely with the U.S. Attorney's Office to aggressively prosecute these re-entry cases."
Longshore announced the indictment along with U.S. Attorney John Walsh, District of Colorado.
McAuley is scheduled to make his initial appearance in U.S. District Court in Denver on Sept. 1.
If convicted of being an alien in possession of ammunition, McAuley faces a maximum sentence of 10 years in federal prison and up to a $250,000 fine. If convicted of illegal reentry, McAuley faces a maximum of two years imprisonment and up to a $250,000 fine.
This case was investigated by the following law enforcement agencies: ICE's ERO, DPD, and USMS's FLAG.
Special Assistant U.S. Attorney John Canedy, District of Colorado, is prosecuting this case.
The charges contained in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.