FRESNO -  A federal grand jury returned an indictment today against Daniel Higgins, 38, of Morro Bay, and Austin Noblitt, 33, of Portland, Oregon, charging each with two counts of assault on a federal officer, U.S. Attorney Phillip A. Talbert announced.

According to court documents, on Nov. 21, 2022, Higgins and Noblitt assaulted two Federal Bureau of Prisons correctional officers at U.S. Penitentiary (USP) Atwater in Merced County. Higgins and Noblitt punched the officers repeatedly on their heads and torsos, causing bodily injuries to both officers.

Higgins and Noblitt face a maximum statutory penalty of 20 years in prison and a $250,000 fine on each count if convicted. Any sentence, however, would be determined at the discretion of the court after considering any applicable statutory factors and the Federal Sentencing Guidelines, which consider several variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.