SCRANTON - The United States Attorney’s Office for the
Middle District of Pennsylvania announced that Joshua Truesdale, age 37, and
James Brooks, age 34, inmate as United States Penitentiary Canaan (USP Canaan)
in Waymart, Pennsylvania, were indicted by a federal grand jury on June 4,
2019. for conspiracy and assault with a dangerous weapon.
According to United States Attorney David J. Freed, the
indictment alleges that on August 13, 2018, Truesdale and Brooks conspired and
attacked another inmate with a sharpened piece of metal and plastic, commonly
referred to as a “shank.”
The investigation was conducted by agents of the Federal
Bureau of Investigation and officers at USP Canaan. Assistant United States Attorney Alisan V.
Martin is prosecuting the case.
Indictments 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 for both conspiracy
and assault with a deadly weapon is 10 years of imprisonment, 3 years of
supervised release, and a fine of $250,000. The maximum penalty for possession
of contraband is 5 years of imprisonment, 3 years of supervised release, and a
fine of $250,000. 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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