Wednesday, September 14, 2016
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Criminal Indictment was returned by a federal grand jury in Scranton on September 13, charging federal prison inmates, Miguel Grado, age 26 and Rafael Torres-Villanueva, age 43.
According to United States Attorney Peter Smith, Grado and Torres-Villanueva were charged with assaulting a third inmate on June 4, 2016, with a dangerous weapon, a “shank,” at the U.S. Bureau of Prisons Canaan facility in Waymart, PA.
If convicted, Grado and Torres-Villanueva could be imprisoned for a maximum sentence of up to ten years and a fine in the amount of $250,000.
The investigation was conducted by the Federal Bureau of Investigation. The case is assigned to Assistant United States Attorney Todd K. Hinkley.
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.
The maximum penalty under federal law is 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.