You are here

Justice News

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

FOR IMMEDIATE RELEASE
Wednesday, October 8, 2014

Two Illegal Aliens Charged With Immigration Violations

     The United States Attorney’s Office for the Middle District of Pennsylvania and the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO), announced that separate criminal charges were filed yesterday in U.S. District Court in Harrisburg against two illegal aliens.

     Oscar Elena-Gutierrez, age 43, was charged in a one-count information.  The information alleges that Elena-Gutierrez, a Mexican citizen, entered the United States unlawfully and was found in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.

     If convicted, Elena-Gutierrez faces a maximum sentence of up to 6 months imprisonment and a $5,000 fine.

     Ismael Bustillo-Barahona, age 41, was charged in a one-count information alleging that Bustillo-Barahona, a citizen of Honduras, entered the United States and was found in York County, Pennsylvania after eluding examination or inspection by immigration officers.

     If convicted, Bustillo-Barahona faces a maximum sentence of up to 6 months’ imprisonment and a $5,000 fine.

     The investigations were conducted by the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) and are being prosecuted by Special Assistant United States Attorney Alice Song Hartye.

     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.

Updated April 9, 2015