HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Gustavo Mulato, age 25, of Mexico, was indicted 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, Mulato was previously deported from the United States to Mexico in April 2012, and twice in July 2012. He is alleged to have illegally re-entered the United States sometime after July 2012, and was found in the United States in Schuylkill County, Pennsylvania after eluding examination or inspection by immigration officers. In March 2012, he was convicted in the Luzerne County Court of Common Pleas of resisting arrest, an offense which subjects him to enhanced penalties in the current case.
The case was investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Special Assistant United States Attorney Brian G. McDonnell is prosecuting the case.
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.
Because of Mulato’s previous conviction, under federal law he faces a maximum penalty for this offense of ten 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.
Source: U.S. Department of Justice, Office of the United States Attorneys
