GRAND JURY INDICTS PENNSYLVANIA COLLEGE STUDENT FOR BRINGING EXPLOSIVE ABOARD AN AIRPLANE

HOUSTON, TX - A federal grand jury has returned a two-count indictment charging Pennsylvania college student Howard MacFarland Fish, 21, for carrying an explosive aboard an aircraft and for entering an airport in violation of security requirements, United States Attorney Don DeGabrielle announced today.

The charges arise as a result of the discovery of explosives in Fish's baggage by Customs and Border Protection inspectors on August 25, 2006. According to allegations contained in a criminal complaint filed on that date, Fish arrived at Bush Intercontinental Airport in Houston aboard Continental Airlines Flight 52 from Buenos Aires, Argentina. While going through the customs process, inspectors discovered a stick of dynamite, fuses, and a blasting cap within Fish's bags, which had been aboard the Continental flight. Federal law prohibits persons from entering an airport carrying explosives.

Fish was released on a $75,000 bond following his arrest. A setting for Fish's arraignment on the federal charges is expected to be set by the court in the near future. A trial date is expected to be announced at that time.

Carrying an explosive aboard an aircraft is a felony offense and carries a maximum punishment upon conviction of 10 years in federal prison, without parole, and a $250,000 fine. Entering an airport in violation of security requirements is a misdemeanor offense carrying a maximum punishment of one (1) year in federal prison and a $100,000 fine, upon conviction.

The investigation leading to the filing of criminal charges was conducted jointly by the Immigration and Customs Enforcement and the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney James T. Kitchen.

An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless and until convicted through due process of law.