Two Previously Deported Aliens Charged With Illegal Re-Entry

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that two previously deported aliens were indicted separately today by a federal grand jury with illegal re-entry into the United States by a previously deported alien.

According to United States Attorney Bruce D. Brandler, Eutimio Chavez-Jose, age 40, a citizen of Mexico, was previously deported from the United States to Mexico on four prior occasions, June 2007, twice in June 2011, and June 2012. He is alleged to have illegally re-entered the United States sometime after June 2012, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers. In June 2012, he was convicted in the Western District of New York of illegal reentry, an offense that subjects him to enhanced penalties in the current case.

Because of Chavez-Jose’s previous conviction, under federal law he faces a maximum penalty of ten years of imprisonment, a term of supervised release following imprisonment, and a fine.

Javier Miguel-Martinez, age 30, a citizen of Mexico, was previously deported from the United States to Mexico on four prior occasions in July 2006, October 2006, November 2009, and February 2012. He is alleged to have illegally re-entered the United States sometime after February 2012, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.

Under federal law, Miguel-Martinez faces a maximum penalty of two years of imprisonment, a term of supervised release following imprisonment, and a fine.

The cases were investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Special Assistant United States Attorney Brian G. McDonnell is prosecuting the cases.

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.

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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