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 today that Jose Juan Albertorio-Garcia, 45, of Philadelphia, Pennsylvania, was indicted by a federal grand jury in Harrisburg. The indictment charges Garcia with Possession of a Firearm in furtherance of Drug Trafficking and five counts of Possession With Intent to Distribute a Controlled Substance.
According to United States Attorney Peter Smith, the charges against Garcia are a result of allegations that Garcia was supplying heroin for distribution in Harrisburg from June 2013 through March 2014. In addition, Garcia is charged with possessing a firearm in furtherance of drug trafficking at the time of his arrest.
If convicted, Garcia faces a statutory maximum of life imprisonment and a mandatory minimum of five years’ imprisonment.
This case is being investigated by the Drug Enforcement Administration and the Pennsylvania State Police as part of a continuing initiative to combat violent crime in Harrisburg. This case is being prosecuted by Assistant United States Attorney Meredith A. Taylor.
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.