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Justice News

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

FOR IMMEDIATE RELEASE
Thursday, July 21, 2016

Wilkes-Barre Post Office Mail Carrier Assistant Charged With Destruction And Delay Of Mail

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that charges relating to the improper disposal of mailed items were filed against David T. Clocker on July 20.  Clocker, age 34, of Wilkes-Barre, Pennsylvania, was charged with one count of misdemeanor destruction of mail in a Criminal Information filed today in U.S. District Court in Scranton.

According to U.S. Attorney Peter Smith, Clocker is charged with delay and destruction of mail between January and March 2016.  The charges stem from an investigation by the Office of Inspector General, United States Postal Service. 

Along with the Information, a plea agreement was filed in which Clocker agrees to plead guilty to the delay and destruction of mail charge.  The plea agreement must be approved by the court.  Clocker faces a maximum of one year in prison and a $100,000 fine, Smith said.

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 one year 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.

The case was investigation by OIG-USPS.  The case is being prosecuted by Assistant United States Attorney Todd K. Hinkley.

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Updated July 21, 2016