Three Illegal Aliens Charged With Immigration Violations

     The United States Attorney’s Office for the Middle District of Pennsylvania and the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO), announced today that separate criminal charges were filed this week against three illegal aliens.

     Baltazar Lua-Garcia, also known as Ruben Garcia-Rodriguez, age 52, a native and citizen of Mexico, in the United States illegally, was charged in a one-count indictment by a federal grand jury in Harrisburg.

     The indictment alleges that Lua-Garcia, an alien who was convicted before the Superior Court for King County, Washington on April 1, 1994, of Delivery of Cocaine, and had been previously arrested and deported from the United States on October 10, 2003, did knowingly and unlawfully reenter the United States. He was apprehended by federal immigration agents in York County, Pennsylvania.

     If convicted, Lua-Garcia faces a maximum sentence of up to 20 years of imprisonment and a $250,000 fine.

     Oscar Perez-Chavez, age 46, a native and citizen of Guatemala, in the United States illegally was charged in a one-count information filed with the Court in Harrisburg.  The information alleges that Perez-Chavez, an illegal alien, entered the United States and was found in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.

     If convicted, Oscar-Perez faces a maximum sentence of up to 6 months’ imprisonment and a $5,000 fine.

     Agustin Hernandez-Rojas, age 40, a native and citizen of Mexico, in the United States illegally, was charged in a one-count information filed with the Court in Harrisburg.  The information alleges that Hernandez-Rojas, an illegal alien, entered the United States and was found in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.

     If convicted, Hernandez-Rojas a maximum sentence of up to 6 months’ imprisonment and a $5,000 fine.

     The investigations were conducted by the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) and is being prosecuted by Special Assistant United States Attorney Brian G. McDonnell.

     Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

     A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

     Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.