Mexican National Charged With Illegal Re-Entry

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal Grand Jury in Harrisburg charged a Mexican national, Heriberto Barrueta-Diaz, age 28, with illegal re-entry into the United States by a previously deported alien.  He was previously convicted of illegal entry in Arizona and removed from the United States in 2010.

This matter was investigated by the Department of Homeland Security, Immigration and Customs Enforcement.  Prosecution has been assigned to Assistant U.S. Attorney James T. Clancy.

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 under federal law is 2 years of imprisonment, a term of supervised release following imprisonment, and a 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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