A Dominican National Indicted For Illegally Re-Entering The U.S.

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Harrisburg indicted Jose Ricardo Pena yesterday for illegally re-entering the United States after having been previously deported. 

According to U.S. Attorney Peter Smith, Pena, a 50 year old Dominican national was arrested by officers of U.S. Immigration and Customs Enforcement on May 4, 2016 as a result of a May 2016 conviction for felony drug trafficking in Dauphin County, Pennsylvania. Pena had previously been deported after an Immigration Judge ordered his removal following a conviction for drug offenses in Boston, MA.        

The matter was investigated by the U.S. Department of Homeland Security/ Immigration and Customs Enforcement and Removal Operations and the case is being prosecuted by Assistant U.S. Attorney Meredith A. Taylor.

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

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

The maximum penalty for this offense under federal law is 10 years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine.  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.

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