The United States Attorney’s Office for the Middle District of Pennsylvania announced that it has filed a criminal information charging possession of a weapon by an inmate today in federal court in Williamsport.
According to United States Attorney Peter J. Smith, Paul Hernandez, age 42, an inmate at the United States Penitentiary-Allenwood, was charged with possession of a weapon. The weapon was discovered by corrections’ officers during a routine search of Hernandez on Dec. 2, 2013.
At the same time the criminal Information was filed, the U.S. Attorney’s Office filed a plea agreement which is subject to the approval of the court.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney William Simmers.
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 5 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.
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Source: U.S. Department of Justice, Office of the United States Attorneys
