Two Mexican Citizens Charged With Illegal Reentry
The United States Attorney’s Office for the Middle District of Pennsylvania and the U.S. Department of Homeland Security, Immigrations and Customs Enforcement, Enforcement and Removal Operations (ERO) announced today that a 29-year-old native and citizen of Mexico has been charged with illegal reentry into the United States.
According to United States Attorney Peter Smith, Santos Aguilar-De Leon, age 29, a native and citizen of Mexico, in the United States illegally was charged in a one-count indictment by a federal grand jury in Harrisburg today.
The indictment alleges that Aguilar-De Leon, an alien who has previously been arrested and deported from the United States in February 2010, did knowingly and unlawfully reenter the United States and was apprehended in Dauphin County, Pennsylvania.
If convicted, Aguilar-De Leon faces a maximum sentence of up to two years’ imprisonment and a $250,000 fine.
In a separate case a 30- year-old native and citizen of Mexico was charged with Improper Entry by Alien into the United States.
Jose Hernandez-Barrientos, a native and citizen of Mexico, in the United States illegally was charged in a one-count information filed with the Court in Harrisburg on April 14, 2014.
The information alleges that Hernandez-Barrientos, an illegal alien, did enter the United States at any time or place other than as designated by immigration officers and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
If convicted, Hernandez-Barrientos faces a maximum sentence of up to 6 months imprisonment and a $5,000 fine.
In both cases, investigation was conducted by the U.S. Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations (ERO). The cases are being prosecuted by Special Assistant United States Attorney Brian G. McDonnell.
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 case, the maximum penalty under the federal statute is two 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.