| FOR IMMEDIATE RELEASE May 21, 2009 WWW.USDOJ.GOV/USAO/CAN |
SAN JOSE, Calif. – Francisco Torres-Felix pleaded guilty in federal court in San Jose Monday to conspiring to possess with intent to distribute and possessing with intent to distribute cocaine, carrying and possessing a firearm in relation to these crimes, being an illegal alien in possession of two firearms, and illegal re-entry following deportation, United States Attorney Joseph P. Russoniello announced.
In pleading guilty, without a plea agreement, to all six counts of the indictment just prior to jury selection, Torres-Felix admitted to conspiring to and possessing with intent to distribute 15 kilograms of cocaine and carrying and possessing a .25 caliber Beretta semi-automatic pistol during and in relation to those crimes. He also admitted to possessing the Beretta and a second firearm, a .38 super caliber Tanfoglio semi-automatic pistol, while he was an alien in the United States illegally. Torres-Felix further admitted to returning to the United States illegally after having been deported and without the permission of the United States government.
Torres-Felix, 44, a resident of Oakland, Calif., was first indicted by a federal Grand Jury on February 28, 2007. The federal Grand Jury superseded that indictment on April 15, 2009. Torres-Felix was charged with conspiracy to possess with intent to distribute cocaine, in violation of 21 U.S.C. §§ 846, 841(a)(1) and 841(b)(1)(A)(ii); possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1); carrying and possessing a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. §924(c)(1)(A); two counts of possession of a firearm by an alien, in violation of 18 U.S.C. § 922(g)(5)(A); and illegal re-entry following deportation, in violation of 8 U.S.C. § 1326(a).
The sentencing of Torres-Felix is scheduled for August 3 before Judge Ronald M. Whyte in San Jose. The maximum statutory penalty for 21 U.S.C. §§ 846, 841(a)(1) and 841(b)(1)(A)(ii) is life imprisonment and requires a mandatory minimum incarceration sentence of 10 years, with a maximum fine of $4,000,000; the maximum statutory penalty for 18 U.S.C. § 924(c)(1)(A) is a mandatory incarceration sentence of 5 years, to be served in addition to the sentence imposed under 21 U.S.C. §§ 846, 841(a)(1) and 841(b)(1)(A)(ii), with a maximum fine of $250,000. The maximum statutory penalty for 18 U.S.C. § 922(g)(5)(A) is 10 years imprisonment and a fine of $250,000. The mandatory maximum for 8 U.S.C. § 1326(a) is 2 years imprisonment and a fine of $250,000. The defendant is also subject to deportation. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Torres-Felix is the second of two defendants to plead guilty to drug trafficking charges as a result of a joint investigation between the Drug Enforcement Administration and U.S. Immigration and Customs Enforcement, with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Grant P. Fondo and Thomas Colthurst are the Assistant U.S. Attorneys who are prosecuting the case with the assistance of legal assistants Jeanne Carstensen and Tracey Anderson.
Further Information:
Case: 07-00106 RMW
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