Six individuals, named in two indictments returned by a federal grand jury in Dallas last week, and unsealed this morning, have been arrested by federal and local law enforcement on drug distribution conspiracy charges, announced U.S. Attorney James T. Jacks of the Northern District of Texas.
One indictment charges the following persons, all from Vernon, with conspiracy to distribute methamphetamine and cocaine: Armando Rodriguez, Jr., 43, Abraham Socorro Garcia, 22, Mario Escobar, Jr., 24, John Thomas Coston, 26, Beatrice Urista, 22.
All of the above individuals were arrested Tuesday and appeared Wednesday morning before U.S. Magistrate Judge Robert K. Roach in U.S. District Court in Wichita Falls, Texas. All will remain in federal custody pending detention hearings set for next Monday and Tuesday before Judge Roach. In addition to the conspiracy charge, all are charged with at least one substantive count of alleged distribution of cocaine and/or methamphetamine. This indictment also includes a forfeiture allegation which would require the defendants, if convicted, to forfeit real estate as well as all proceeds received as a result of the offenses.
The other indictment charges one defendant, Jimmie Clifford Richardson, 47, also of Vernon, with alleged conspiracy to distribute cocaine base (crack cocaine) as well as with four substantive counts of allegedly distributing crack cocaine. This indictment also includes a forfeiture allegation which will require Richardson, if convicted, to forfeit all proceeds received as a result of his offenses.
Richardson was also arrested Tuesday and appeared before Judge Roach Wednesday morning. He too will remain in custody pending his detention hearing next week.
This case will be forced to deal with new legislation that was signed into law earlier this month, which has narrowed the longstanding sentencing discrepancy between crack cocaine and cocaine powder. The former ratio of 100:1 has now been reduced to 18:1. Before the new law was enacted, an individual in possession of 5 grams of crack cocaine would receive the same sentence as an individual in possession of 500 grams of cocaine powder.
Although the government has attempted to correct the severely unfair discrepancy, the 18:1 ratio still treats crack cocaine offenses more harshly. It is interesting to note that there is no evidence as to why the government believes that crack cocaine should be regarded as more dangerous or deadly than cocaine powder.
In this case, the first indictment alleges that the individuals conspired to distribute methamphetamine and cocaine, however, the second indictment alleges that the individual conspired to distribute cocaine base (crack cocaine). Unfortunately, even though the new law has lowered the ratio to 18:1, if convicted, Richardson will most likely face a longer sentence. The new law is long overdue, but clearly, still imperfect.
Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, Interpol Litigation, International Extradition and OFAC Litigation.
The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.
