Back in January 1989, when Francesca Hernandez was sentenced for selling heroin, she told U.S. District Judge J. Thomas Greene, "I'd like to be forgiven for what I've done. I swear to you, I will never do it again."
Despite the promise she made through the interpreter, she did get into the drug business again, a federal jury charges. Not only that, but the Mexican national didn't show up to begin serving her sentence.So now that she has been caught, Greene has resentenced her - instead of four months in jail, it's now 11 months. And she faces two additional charges: possessing cocaine and not surrendering herself to serve the sentence.
Assistant U.S. Attorney Richard D. McKelvie said Hernandez was arrested this time after a confidential source turned her in, claiming "that she was here in Salt Lake and selling heroin and cocaine."
The indictment says that on March 1, Hernandez possessed cocaine with the intent to distribute it. The second count charges that she was convicted and then released pending the start of her sentence, but on March 10, 1989 she did not surrender as ordered by Greene.
The original charge was distributing one gram of heroin to a confidential government informant. Greene initially sentenced Hernandez, who had been living in Salt Lake County, to two years in prison, then suspended all but four months, to be served at a "jail-type facility."
McKelvie said the facility was to have been something similar to a halfway house, but now that she has been resentenced, she probably will go to prison.