Previously Deported Alien Charged With Illegal Re-Entry

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Jacumba CA - NOVEMBER 27: United States international wall with Mexico and Border Patrol vehicle in the distance on November 27 2017 in Jacumba CA USA.

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Elmer Nahun Agustin-Arita, age 24, of Honduras, was indicted today by a federal grand jury with illegal re-entry into the United States by a previously deported alien. 

According to Acting United States Attorney Bruce D. Brandler, Agustin-Arita was previously deported from the United States to Honduras in September 2018.  He is alleged to have illegally reentered the United States again sometime after September 2018 and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.

This matter was investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Assistant United States Attorney Joanne M. Sanderson 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.

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Agustin-Arita faces a maximum penalty of 10 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.

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