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Valenti, AUSA, on the brief , for appellee. From through the beginning of , a large-scale drug organization operating out of Amarillo, Texas, smuggled enormous amounts of cocaine, methamphetamine and marijuana to the Kansas City area, and unknown quantities of drugs to Arizona, California and Oklahoma. The organization was headed by Roberto Castillo and his wife, Irma Carassco. During that time, he delivered at least 27 kilograms of methamphetamine to various locations and returned to Amarillo with the cash proceeds from the sale of those drugs. Ponce pled guilty to conspiracy to distribute grams or more of methamphetamine, in violation of 21 U. The government objected, arguing that the uncontested information in the presentence investigation report PSR did not support Ponce's request for the two-level reduction. After considering the PSR and hearing the testimony of Detective Seever, the district court found that Ponce was not a minor participant and sentenced him to months of imprisonment. Several individuals, in addition to Ponce, were charged with drug crimes in connection with the Castillo Organization. Fagan received and distributed at least kilograms of cocaine; Haynes received and distributed at least kilograms of methamphetamine and 24 kilograms of cocaine. Both pled guilty to conspiracy to distribute methamphetamine and received month sentences. A related defendant, Cheryl West, helped unload 44 kilograms of methamphetamine, at least 86 kilograms of marijuana and 4 kilograms of cocaine. West also pled guilty to conspiracy to distribute methamphetamine and was sentenced to months of imprisonment. Co-defendant Antonio Lara-Beltran pled guilty to conspiring to distribute a mixture or substance containing cocaine, in an amount of five kilograms or more. He was sentenced to 99 months of imprisonment. United States v. Lopez-Arce , F. Section 3B1. Ponce argues that he should be assigned 'minor participant' status, because he received a disproportionately higher sentence than more culpable individuals involved in the offense. Whether a downward adjustment is warranted is determined not only by comparing the acts of each participant in relation to the relevant conduct for which the participant is held accountable, but also by measuring each participant's individual acts and relative culpability against the elements of the offense. Snoddy , F. In the instant case, the evidence demonstrated that Ponce supplied 4. The amount may have been greater, as testimony from a woman within the conspiracy indicated she witnessed Ponce transport approximately 44 kilograms of methamphetamine. The record also established that Ponce instructed other members of the distribution scheme to accept drugs from a particular source in Texas and return to Kansas City. Thus, Ponce served as a conduit for the narcotics-a necessary link in the drug distribution chain-and furthered the offense by directing others within the conspiracy. See United States v. Wright , F. As such, Ponce's individual acts significantly contributed to the elements of the offense. In arguing that he is less culpable than others involved in the offense, appellant stresses that he was a mere courier. However, even if established, Ponce's status as a 'mere courier' does not require the district court to declare him a minor participant. As this Court noted in United States v. Thompson , 60 F. McGrady , 97 F. Carrazco , 91 F. West , F. Thus, the district court had ample support to conclude that Ponce was not a minor participant, but, rather, 'a highly culpable offender who was deeply involved in the drug distribution scheme. Finally, although not critical to the disposition of this appeal, we feel compelled to note that there is a logical explanation for the shorter sentences imposed upon the other criminals involved in the drug conspiracy. Fagan, West, and Haynes originally faced sentences of months to life, to months, and to months, respectively. Unlike Ponce, these defendants cooperated with the government. As a result, the government filed downward departure motions on behalf of these defendants, and they received lower sentences. Buckendahl , F. In summary, the district court received lengthy testimony as to the involvement of various participants in the offense and concluded that Ponce was as involved as any of the other conspirators. As mentioned above, the evidence relied upon by the court indicated that Ponce was a necessary component of a large-scale drug distribution conspiracy. The Honorable Ronald E. The resulting sentencing guideline range was months. The Honorable Nanette K. After considering their substantial assistance, the district court sentenced Fagan and Haynes to months and West to months of imprisonment. Ponce also complains about the disparity between his sentence and that received by co-defendant Lara-Beltran. Lara-Beltran's base offense level was level 34, while Ponce's was level Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes. Ponce, Appellant, v. United States of America, Appellee, F. Enter Your Email. Justia Legal Resources. Find a Lawyer. Law Schools. US Federal Law. US State Law. Other Databases. Marketing Solutions.

Brown Announces Convictions of 31 Mexican Mafia Gang Members in Extortion and Drug Trafficking Cell

Ponce buy Heroin

El Centro, Calif. Brown Jr. Originally indicted in August , the gang members have collectively been sentenced to more than years in prison. The investigation uncovered a widespread drug smuggling and extortion operation directed by Mexican Mafia cell leader Patrick Ponce. Additionally, Ponce ran a heroin and methamphetamine trafficking operation, distributing and selling narcotics throughout the region. Ponce ordered gang members with outstanding warrants to surrender themselves to officers so that illegal contraband hidden on these individuals could be smuggled into the Imperial County Jail. Gang members attacked anyone who failed to carry out orders. Over the course of the investigation, agents captured Ponce on wiretaps ordering assaults, setting extortion rates and arranging drug sales. Otero in preparing the case against the gang. In August , the case was presented to the San Diego County criminal grand jury, which returned a count indictment against 31 members of the cell. Over the course of the investigation, agents also seized a large number of firearms, heroin and methamphetamine. I think that these arrests make the community a little bit safer for the citizens of Imperial County'. Immigration and Customs Enforcement, U. Skip to main content. Search Search. Home About. Grants Grant Opportunities. Programs See All Programs. Thursday, March 25, Contact: , agpressoffice doj. A copy of the original count indictment against the 31 gang members is attached.

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