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Justice News

Department of Justice
U.S. Attorney’s Office
Middle District of Pennsylvania

FOR IMMEDIATE RELEASE
Tuesday, September 19, 2017

Federal Inmate Charged With Assault On Correctional Officer

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Orlando Hernandez, age 32, a prisoner at United States Penitentiary, Canaan, Pennsylvania, was indicted by a federal grand jury for assaulting a federal correctional officer.

 

According to United States Attorney Bruce D. Brandler, the indictment alleges that Hernandez kicked and “head-butted” a correctional officer on January 27, 2017.

 

The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Prisons Special Investigative Service. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.

 

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 guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

 

The maximum penalty which can be imposed under federal law is 8 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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Updated September 19, 2017