Middle District of Pennsylvania

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that an inmate at the United States Penitentiary at Canaan, Pennsylvania, has been charged in a two-count indictment returned today by a federal grand jury in Scranton, Pennsylvania.

     According to United States Attorney Peter J. Smith, the indictment alleges that Jose Montalban assaulted a correctional officer with a dangerous weapon. The correctional officer suffered facial wounds which required nine sutures. A second count of the indictment alleges that Montelban, while having the status of an inmate, knowingly possessed a prohibited object, that is, a sharpened weapon commonly known as a "shiv" or "shank."

     The case was investigated by the FBI and the Special Investigation Section at USP-Canaan. Prosecution has been assigned to Assistant United States Attorney John Gurganus.

     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 guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

     In this particular case, the maximum penalty under the federal statute is 20 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.

     The United States Attorney’s Office for the Middle District of Pennsylvania, announced that Stephen Christopher Pyle, age 27, of Albion, Pennsylvania, entered a guilty plea Thursday in U.S. District Court in Allentown to a two-count felony criminal information charging him with threatening to murder a federal law enforcement official and assaulting a federal employee.

     According to United States Attorney Peter J. Smith, Pyle was serving concurrent sentences for both a previous state and federal conviction when he mailed a letter to the United States Attorney’s office for the Eastern District of Pennsylvania threatening to murder the Assistant United States Attorney who handled his federal prosecution for threatening the President of the United States.

     After Pyle was moved from the state correctional facility to Philadelphia to face new federal charges, he assaulted a member of the medical staff. The victim was able to fight Pyle off and federal corrections officers were able to restrain and control him.

     U.S. District Court Judge James Knoll Gardner scheduled the sentencing for May 13, 2013 in Allentown.

     As a result of his guilty plea, the statutory maximum penalty for the offences charged in the criminal Information is imprisonment of up to 30 years.

     The investigation was conducted by the United States Marshals Service and the FBI. The case is assigned to Assistant United States Attorney Todd K. Hinkley. The matter is being prosecuted by the United States Attorney’s Office for the Middle District of Pennsylvania at the request of Eastern District officials who were required to recuse themselves because a member of the staff in that office was an alleged target of the threat.

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     The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jose Victor Marroquin, age 41, from El Salvador and residing in East Stroundsburg, Pennsylvania was charged with illegal entry into the United States in a criminal Information filed today in U.S. District Court in Scranton.

     According to United States Attorney Peter J. Smith, Marroquin came to the attention of federal authorities after being charged by the Pennsylvania State Police with Driving Under the Influence.

     The investigation was conducted by the U.S. Immigration and Customs Enforcement and is assigned to Assistant United States Attorney Todd K. Hinkley for prosecution.

     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 guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

     In this particular case, the maximum penalty under the federal statute is 6 months’ 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.