The United States Attorney’s Office for the Middle District of Pennsylvania announced today the filing of criminal charges against Timothy Smart, age 31, New York City resident. A criminal Information filed in the United States District Court in Scranton yesterday alleges that Smart distributed cocaine hydrochloride, cocaine base, (crack), and heroin in Luzerne and Lackawanna Counties on numerous occasions between 2012 and September 20, 2013.
The government also filed a plea agreement in the case which is subject to the approval of the Court.
United States Attorney Peter Smith noted that the charges are the result of an investigation by the Federal Bureau of Investigation and the Pennsylvania State Police into the sale of drugs at motels in Luzerne and Lackawanna Counties.
Prosecution is assigned to Assistant United States Attorney John Gurganus.
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.
In this particular case, the maximum penalty under the federal statute is twenty years’ 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.