HARRISBURG — This is an official press release from the U.S. Department of Justice (USAO - Pennsylvania, Middle), published as received.

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that five previously deported aliens were indicted separately on December 14, 2016, by a federal grand jury in Harrisburg on illegal re-entry charges.

According to United States Attorney Bruce D. Brandler, Yunny Javier Aplicano-Gutierrez, age 30, a citizen of Honduras, was previously deported from the United States to Honduras in August 2009.  He is alleged to have illegally reentered the United States sometime after August 2009 and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.

Octavio Martinez-Calzada, age 44, of Mexico, was previously deported from the United States to Mexico in May 2003.  He is alleged to have illegally reentered the United States sometime after May 2003 and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.

Eduardo Jurado-Morales, age 34, of Guatemala, was previously deported from the United States to Guatemala in April 2008.  He is alleged to have illegally reentered the United States sometime after April 2008 and was found in the United States in York County after eluding examination or inspection by immigration officers.

The maximum penalty under federal law for Aplicano-Gutierrez, Martinez-Calzada and Jurado-Morales’s offenses are two years of imprisonment, a term of supervised release following imprisonment, and a fine.

Lorenzo Hernandez-Aguilar, age 33, of Mexico, Hernandez-Aguilar was previously deported from the United States to Mexico in June 2016.  He is alleged to have illegally reentered the United States sometime after June 2016 and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers. In 2015, he was convicted in the Franklin County Court of Common Pleas of Driving Under the Influence of Alcohol, an offense which subjects him to enhanced penalties in the current case.

Luis Lopez, age 24, of Mexico, was previously deported from the United States to Mexico in February 2012.  He is alleged to have illegally reentered the United States sometime after February 2012 and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers. In 2011, he was convicted in the Franklin County Court of Common Pleas of Interference with Custody of Children, an offense which subjects him to enhanced penalties in the current case.

The maximum penalty under federal law for Hernandez-Aguilar and Lopez’s offenses are ten years of imprisonment, a term of supervised release following imprisonment, and a fine.

The cases were investigated by the 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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