Three Previously Convicted Felons Charged With Illegal Re-Entry

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Luis Martinez-Gomez, age 29, Alexis Alvarado-Diaz, age 20, and Santos Aguilar-De Leon, age 30, natives and citizens of Mexico, were indicted separately yesterday by a federal grand jury in Harrisburg on illegal re-entry charges.

According to United States Attorney Peter Smith, Martinez-Gomez is charged with  illegal re-entry into the United States by a previously deported alien.  Martinez-Gomez was previously convicted of the same felony offense in New York – illegal re-entry by a deported alien – and removed from the United States in 2014. That conviction and removal followed another removal in 2008.

Alvarado-Diaz is charged with illegal re-entry into the United States by a previously deported alien. He was previously convicted of the same felony offense in New Mexico – illegal re-entry by a deported alien – and removed from the United States in 2014.

Both cases were investigated by the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) and prosecution has been assigned to Assistant U.S. Attorney James T. Clancy.

Aguilar-De Leon is charged with illegal re-entry into the United States by a previously deported alien.  He was deported on three previous occasions.  Aguilar-De Leon was deported from Harrisburg in 2010, from Tucson Arizona in 2010, and again from Harrisburg in 2014.  He was also previously convicted of improperly entering the United States in 2010 and again for re-entering the United States after having been previously deported in 2014.   

The matter was investigated by the U.S. Immigration and Customs Enforcement and Removal Operations (ERO) and the case is being prosecuted by Assistant U.S. Attorney Scott R. Ford.  

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 10 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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