Scranton, PA

The United States Attorney’s Office for the Middle District of Pennsylvania announced  that Orlando Hernandez, age 33, formerly of Florida, pleaded guilty on August 24, 2018, before U.S. District Court Judge Malachy E. Mannion to the charge of assault on a correctional officer.

According to United States Attorney David J. Freed, Hernandez, an inmate at USP  Canaan, admitted to kicking and “head-butting” a correctional officer on January 27, 2017, during a disciplinary hearing at the prison.  Hernandez was indicted by a grand jury in September 2017.

Judge Mannion ordered a presentence report to be completed.  Sentencing will be scheduled at a later date.

The matter was investigated by the Federal Bureau of Investigation (FBI) and the Bureau of Prisons Special Investigative Service.  Assistant United States Attorney Robert J. O’Hara is prosecuting the case.

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 up to eight years in prison, 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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