FBI: “Twenty-Six People Indicted in Drug Trafficking Conspiracy in Toledo”

August 25, 2014

The Federal Bureau of Investigation (FBI) on August 21, 2014 released the following:

“Twenty-six people were indicted for their roles in a conspiracy to bring large amounts of heroin, cocaine and marijuana to Toledo from Arizona, California, Illinois and Mexico, law enforcement officials said.

The 55-count federal indictment was announced by Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio, Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland office, Toledo Police Chief William Moton and Lucas County Sheriff John Tharp.

“Heroin abuse is an epidemic in our community that takes lives and destroys families,” Dettelbach said. “We will continue to target drug traffickers while also working to reduce demand and get treatment for those who need it.”

“This is another example of the international drug trafficking connections that are plaguing our communities with danger and heroin,” Anthony said. “The FBI will continue collaborative law enforcement efforts to combat these violent organizations.”

“Through the working relationship that has been developed between the Toledo Police Metro Drug Task Force and the Federal Bureau of Investigation we have become more efficient in targeting the mid- and upper-level heroin dealers in Toledo and surrounding communities,” said Toledo Police Chief William Moton. “These arrests are a byproduct of this successful collaboration. The City of Toledo and surrounding areas are the benefactors of these efforts as the spread of heroin has the potential to deteriorate the standard of living in our community.”

Those indicted are from Toledo unless otherwise noted. They are:

Alejandro Garcia, 44; Regina Navarro, 36; Osvaldo Perez, 60; Sean Machaterre, 31; Dicki Isom, 33; Federico Perez, 25; Daryl Mickles, Jr., 31; Keith Hubbell, 30; David Berrera, Jr., 40; Santos Flores, 34, of Oregon, Ohio; Juan Montano, 35; Daniel Montano, 26; Yousvani Gacita, 34; Davi Mata, 32; Willie Edward Smith, 38; Juan Rivera, 34; Paulo Gonzalez, 27; Abdul Shabazz, 39; Davalon Brown, 28; James Munoz, 37; Victoria Santellana, 31; Daniel Barboza, 38; Anthony Rudess, 42, of Curtice, Ohio; Eric Mays-Clausen, 41; Randolph Kemp, 53, and Jacqueline Jaquez, 40.

The defendants conspired between 2010 and this month to bring large shipments of heroin, cocaine and marijuana to Toledo for distribution. Garcia obtained the drugs from suppliers in Arizona, California, Illinois and Mexico and then distributed the drugs to mid-level dealers in the Toledo area. Those dealers, in turn, distributed the drugs to other dealers, according to the indictment.

The indictment details scores of transactions and drug sales that took place in Toledo, including locations at Ravine Park Village, Graham Street, Berry Street, North Ontario Street, Bronson Street, Sylvania Avenue, Westfield Park Mall, Main Street, Starr Avenue, Heatherdowns Road and other locations.

Three people—Garcia, Kemp and Isom—face additional charges of being felons in possession of firearms.

Prosecutors are also seeking to forfeit more than $6,800 in cash, six firearms, nine automobiles and homes at 1509 Navarre Avenue and 625 Parker Avenue in Toledo.

This indictment is the result of an investigation by the FBI and the Metro Drug Task Force, made up of members of the Toledo Police Department and the Lucas County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorneys Thomas P. Weldon and Michael Freeman.

If convicted, the defendants’ sentences will be determined by the court after a review of the federal sentencing guidelines and factors unique to the case, including the defendant’s prior criminal record (if any), the defendant’s role in the offense and the characteristics of the violation.

An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

Federal Mail Fraud Crimes

Federal Crimes – Appeal

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To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Federal District Court Judge: How Mandatory Minimums Forced Me to Send More Than 1,000 Nonviolent Drug Offenders to Federal Prison

October 26, 2012

The Nation on October 24, 2012 released the following:

Judge Mark W. Bennett

“Reuters/Joshua Lott

Growing up in blue collar Circle Pines, Minnesota, in the 1950s, raised by parents from the “Greatest Generation,” I dreamed only of becoming a civil rights lawyer. My passion for justice was hard-wired into my DNA. Never could I have imagined that by the end of my 50s, after nineteen years as one of 678 federal district court judges in the nation, I would have sent 1,092 of my fellow citizens to federal prison for mandatory minimum sentences ranging from sixty months to life without the possibility of release. The majority of these women, men and young adults are nonviolent drug addicts. Methamphetamine is their drug of choice. Crack cocaine is a distant second. Drug kingpins? Oh yes, I’ve sentenced them, too. But I can count them on one hand. While I’m extremely proud of my father’s service in World War II, I am greatly conflicted about my role in the “war on drugs.”

You might think the Northern District of Iowa—a bucolic area home to just one city with a population above 100,000—is a sleepy place with few federal crimes. You would be wrong. Of the ninety-four district courts across the United States, we have the sixth-heaviest criminal caseload per judge. Here in the heartland, I sentence more drug offenders in a single year than the average federal district court judge in New York City, Washington, Chicago, Minneapolis and San Francisco—combined. While drug cases nationally make up 29 percent of federal judges’ criminal dockets, according to the US Sentencing Commission, they make up more than 56 percent of mine. More startling, while meth cases make up 18 percent of a judge’s drug docket nationally, they account for 78 percent of mine. Add crack cocaine and together they account for 87 percent.

Crack defendants are almost always poor African-Americans. Meth defendants are generally lower-income whites. More than 80 percent of the 4,546 meth defendants sentenced in federal courts in 2010 received a mandatory minimum sentence. These small-time addicts are apprehended not through high-tech wiretaps or sophisticated undercover stings but by common traffic stops for things like nonfunctioning taillights. Or they’re caught in a search of the logs at a local Walmart to see who is buying unusually large amounts of nonprescription cold medicine. They are the low-hanging fruit of the drug war. Other than their crippling meth addiction, they are very much like the folks I grew up with. Virtually all are charged with federal drug trafficking conspiracies—which sounds ominous but is based on something as simple as two people agreeing to purchase pseudoephedrine and cook it into meth. They don’t even have to succeed.

I recently sentenced a group of more than twenty defendants on meth trafficking conspiracy charges. All of them pled guilty. Eighteen were “pill smurfers,” as federal prosecutors put it, meaning their role amounted to regularly buying and delivering cold medicine to meth cookers in exchange for very small, low-grade quantities to feed their severe addictions. Most were unemployed or underemployed. Several were single mothers. They did not sell or directly distribute meth; there were no hoards of cash, guns or countersurveillance equipment. Yet all of them faced mandatory minimum sentences of sixty or 120 months. One meth-addicted mother faced a 240-month sentence because a prior meth conviction in county court doubled her mandatory minimum. She will likely serve all twenty years; in the federal system, there is no parole, and one serves an entire sentence minus a maximum of a 15 percent reduction rewarded for “good time.”

Several years ago, I started visiting inmates I had sentenced in prison. It is deeply inspiring to see the positive changes most have made. Some definitely needed the wake-up call of a prison cell, but very few need more than two or three years behind bars. These men and women need intensive drug treatment, and most of the inmates I visit are working hard to turn their lives around. They are shocked—and glad—to see me, and it’s important to them that people outside prison care about their progress. For far too many, I am their only visitor.

If lengthy mandatory minimum sentences for nonviolent drug addicts actually worked, one might be able to rationalize them. But there is no evidence that they do. I have seen how they leave hundreds of thousands of young children parentless and thousands of aging, infirm and dying parents childless. They destroy families and mightily fuel the cycle of poverty and addiction. In fact, I have been at this so long, I am now sentencing the grown children of people I long ago sent to prison.

For years I have debriefed jurors after their verdicts. Northwest Iowa is one of the most conservative regions in the country, and these are people who, for the most part, think judges are too soft on crime. Yet, for all the times I’ve asked jurors after a drug conviction what they think a fair sentence would be, never has one given a figure even close to the mandatory minimum. It is always far lower. Like people who dislike Congress but like their Congress member, these jurors think the criminal justice system coddles criminals in the abstract—but when confronted by a real live defendant, even a “drug trafficker,” they never find a mandatory minimum sentence to be a just sentence.

Many people across the political spectrum have spoken out against the insanity of mandatory minimums. These include our past three presidents, as well as Supreme Court Justices William Rehnquist, whom nobody could dismiss as “soft on crime,” and Anthony Kennedy, who told the American Bar Association in 2003, “I can accept neither the necessity nor the wisdom of federal mandatory minimum sentences.” In 2005, four former attorneys general, a former FBI director and dozens of former federal prosecutors, judges and Justice Department officials filed an amicus brief in the Supreme Court opposing the use of mandatory minimums in a case involving a marijuana defendant facing a fifty-five-year sentence. In 2008, The Christian Science Monitor reported that 60 percent of Americans opposed mandatory minimums for nonviolent offenders. And in a 2010 survey of federal district court judges, 62 percent said mandatory minimums were too harsh.

Federal judges have a longstanding culture of not speaking out on issues of public concern. I am breaking with this tradition not because I am eager to but because the daily grist of what I do compels me to. In 1999, Judge Robert Pratt of the Southern District of Iowa, a courageous jurist whose brilliant opinion in Gall v. United States led to one of the most important Supreme Court sentencing opinions in my professional life, wrote a guest editorial in The Des Moines Register criticizing federal sentencing guidelines and mandatory minimums. He ended by asking, “If we don’t speak up, who will?” I hope more of my colleagues will speak up, regardless of their position on the fairness of mandatory minimum sentences for nonviolent drug offenders. This is an issue of grave national consequence. Might there be a problem when the United States of America incarcerates a higher percentage of its population than any nation in the world?”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

————————————————————–

To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Christopher Coke Pleaded Guilty in Federal Court to Trafficking Large Quantities of Marijuana and Cocaine, as well as Approving the Stabbing of a Marijuana Dealer in New York

September 1, 2011

The New York Times on September 1, 2011 released the following in print:

“Jamaican Kingpin Seized After Violent Manhunt Pleads Guilty in Manhattan

By JOSEPH GOLDSTEIN

Christopher Coke, a Jamaican drug trafficker whose arrest last summer came after a monthlong manhunt that left scores dead in Kingston, pleaded guilty on Wednesday to racketeering conspiracy charges in Federal District Court in Manhattan.

The guilty plea emerged during an hour of quiet dialogue between Mr. Coke and a federal judge, a proceeding that stood in sharp contrast to the violence generated last year as the Jamaican authorities searched for Mr. Coke, a neighborhood don, at the request of American prosecutors.

Mr. Coke, a short, balding man of 42, pleaded guilty to trafficking large quantities of marijuana and cocaine, as well as approving the stabbing of a marijuana dealer in New York. He faces a maximum sentence of 23 years in prison; the plea deal does not require him to cooperate or to testify on behalf of the government in any proceeding.

“I’m pleading guilty because I am,” he told Judge Robert P. Patterson Jr.

In seeking Mr. Coke’s extradition, Preet Bharara, the United States attorney in Manhattan, charged that for more than a decade Mr. Coke had controlled an international drug ring from his stronghold of Tivoli Gardens in Kingston.

His organization often transported cocaine to Miami and New York, prosecutors said. A portion of the profits, they said, went to buy guns in the United States, which were shipped back to Mr. Coke, who wielded considerable political influence in Jamaica. His organization was so well armed that it “rendered the Tivoli Gardens area virtually off-limits to the local police,” prosecutors wrote in a recent court filing.

The extradition and prosecution of Mr. Coke’s father, a leader of the same criminal organization, had been sought by the United States, but he died in a mysterious fire in a Jamaican prison cell in 1992.

The manhunt for Christopher Coke last year led to more than 70 deaths; in some instances, the police executed unarmed men, according to relatives of victims. In the months before the Jamaican prime minister, Bruce Golding, acted on the extradition request, Jamaican leaders warned officials in the American Embassy that any move to arrest Mr. Coke could result in widespread violence or civil unrest because Mr. Coke was well fortified in Tivoli Gardens and had a measure of popular support, according to a review of secret State Department cables released by WikiLeaks.

His plea deal came together in recent days after prosecutors told Mr. Coke’s lawyers that various confidential informers were prepared to testify that Mr. Coke had been involved in five murders, one of Mr. Coke’s lawyers, Stephen H. Rosen, said. One witness was prepared to testify that Mr. Coke used a chain saw to kill someone who had stolen drugs from him, according to a filing.

Under the original indictment, Mr. Coke could have faced a life sentence if convicted.

Mr. Coke’s lawyers described him as a well-spoken man who had never cursed in their presence; they said he had approached his new life in federal custody, where he is held under unusually restrictive conditions, with stoicism. “He’s never been in bad spirits,” one of the lawyers, Frank A. Doddato, said. “Let’s just say he’s one of the last tough guys.”

Dressed in a blue smock and orange socks, Mr. Coke was one of the first in the courtroom to stand when Judge Patterson entered on Wednesday, and he was the last to sit down. During a lengthy hearing in which he was asked routine questions, like whether his lawyers had provided effective assistance and whether he had recently consumed drugs or alcohol, Mr. Coke remained perched attentively on the edge of his seat, answering each question carefully.

In giving a statement of his guilt, Mr. Coke remained vague as to the specific crimes he had committed. He said that “a person gave someone narcotics on my behalf, on my instructions,” without offering any further details other than the year, 2007.

Initially, Judge Patterson voiced skepticism that the vaguely described crimes to which Mr. Coke was pleading guilty met the standard for racketeering.

When Mr. Coke pleaded guilty to approving the stabbing of a marijuana dealer in the Bronx in 2007, Judge Patterson asked whether the person had sustained serious injury — a component of the charge. Mr. Coke said he believed the person was stabbed in the face.

“Was it something that required hospitalization or was it something he could go home and brag about?” the judge asked.

Mr. Coke said that he was in Jamaica at the time and did not know the details, but that he was sure it would have required medical attention. He did not offer the name of the person who was stabbed. Asked for details about the violence, Ellen Davis, a spokeswoman for Mr. Bharara, refused to name the victim or the attacker.

Mr. Coke acknowledged involvement in the distribution of more than three tons of marijuana and more than 30 pounds of cocaine.

In addition to the confidential informers, prosecutors built the case using wiretaps the Jamaican authorities had been collecting since 2004, when they started eavesdropping on Mr. Coke’s cellphone conversations and on those of other members of his drug trafficking enterprise, according to a court filing.

Mr. Rosen said that some 50,000 conversations had been intercepted in the investigation. Of those, he said, “there was only one in which there was discussion of violence, and I can tell you it wasn’t murder.””

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

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.

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