Federal Inmate Convicted of Assault with Intent to Commit Murder and Assault Resulting in Serious Bodily Injury
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a criminal Information was filed in U.S. District in Scranton yesterday charging a Monroe County resident with distributing crack cocaine during 2013.
According to United States Attorney Peter Smith, the Information alleges that Jose Hernandez-Tirado, age 34, of Brodheadsville, distributed and possessed with intent to distribute cocaine base (“crack”).
The charge stems from an investigation by special agents of the Drug Enforcement Administration, Department of Homeland Security (DHS), Homeland Security Investigations (HSI), the Pennsylvania State Police, the Bureau of Narcotics Investigations, and Berks County Detectives.
Hernandez-Tirado faces a potential maximum sentence of 20 years in prison and a $1 million fine if he is convicted of the charge.
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
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.