Removed Mexican Charged With Being Unlawfully Present In U.S.
ERIE, Pa. - Acting United States Attorney Robert S. Cessar announced today, March 9, 2010, that Javier Carlos Perez-Aviles of Michoacan, Mexico, has been indicted by a federal grand jury in Erie on a charge of violating federal immigration laws.
The one-count indictment named Perez-Aviles, age 22, as the sole defendant.
According to the indictment presented to the court, on or about February 28, 2010, Perez-Aviles was found to be unlawfully present within the United States. Perez-Aviles had been previously ordered deported and removed from the United States on January 27, 2004. The defendant subsequently reentered the United States, and was found to be present in this country without the permission of the Secretary of the Department of Homeland Security.
Assistant United States Attorney Christine A. Sanner, who presented the case to the grand jury, indicated that the law provides for a maximum total sentence of ten years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
The Bureau of Customs and Border Protection and the Pennsylvania State Police conducted the investigation leading to the indictment in this case.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.