HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Francisco Garcia-Puentes, age 23, of Mexico, was indicted on August 9, 2017, by a federal grand jury with being an alien in possession of firearms and ammunition.
According to United States Attorney Bruce D. Brandler, Garcia-Puentes, a Mexican citizen with no legal status in the United States, was apprehended in Cumberland County, Pennsylvania while in possession of a SAR-1 semiautomatic firearm and 20 rounds of 30.06 caliber ammunition. According to state court records, on June 25, 2017, the Pennsylvania State Police conducted a traffic stop on U.S. Route 15 in Cumberland County of the vehicle Garcia-Puentes was traveling in. During the vehicle stop the Pennsylvania State Police located Garcia-Puentes’ firearm in the trunk.
The case was investigated by the U.S. Immigration and Customs Enforcement and Removal Operations (ERO), Homeland Security Investigations, and the Pennsylvania State Police. Special Assistant United States Attorney Brian G. McDonnell is prosecuting the case.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP"), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.
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 federal law, Garcia-Puentes faces a maximum penalty of ten years 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.
Source: U.S. Department of Justice, Office of the United States Attorneys