DEPARTMENT OF JUSTICE

ACTING UNITED STATES ATTORNEY EDWARD R. RYAN
WESTERN DISTRICT OF NORTH CAROLINA

FOR IMMEDIATE RELEASE
JULY 22, 2009

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SEVEN INDICTED FOR HEROIN TRAFFICKING IN MECKLENBURG COUNTY CHARLOTTE, NC – A federal grand jury sitting in Charlotte today indicted seven men on one count alleging conspiracy to distribute and possess with intent to distribute at least one kilogram of heroin. The arrests of the men by the Drug Enforcement Administration (DEA) on June 30 and July 20, 2009, were part of a continuing investigation by a multi-agency Organized Crime Drug Enforcement Task Force in which several federal, state and local law enforcement agencies, including the Charlotte-Mecklenburg Police Department, participate. The Task Force has been investigating the trafficking of so-called “black-tar heroin,” a more potent form of heroin than powder heroin. At the time of the arrests, the DEA seized more than 940 grams, or more than two pounds, of black tar heroin. The five defendants arrested on June 30th have been ordered by the court to be held without bond pending trial. The two defendants arrested on July 20th are currently in custody and will have a detention hearing in federal court on July 24th.

Today’s announcement is made by Edward R. Ryan, Acting U.S. Attorney for the Western District of North Carolina; Rodney G. Benson, Special Agent in Charge of the Atlanta Field Division of DEA, of which the DEA Charlotte District Office is a part; and Chief Rodney Monroe of the Charlotte-Mecklenburg Police Department. The prosecution is being handled for the government by Assistant U.S. Attorney Steven R. Kaufman.

According to official court documents and information brought out in court proceedings, the organization allegedly received heroin from Mexico and then used a local “dispatch” system through which purchasers called a phone number, a dispatcher directed the purchaser to a nearby location, and a “runner” met the purchaser in another vehicle to conduct the transaction. On June 30th, the DEA searched two addresses, one in Charlotte, and one in Rock Hill, South Carolina, and seized $20,163 and approximately three quarters of a kilogram of black tar heroin. Also according to court documents, another Charlotte address was identified as a “target place” by authorities– a place being used by drug trafficking organization personnel as a primary location for distribution and storage of heroin and heroin sales proceeds.

The charges contained in the indictment are allegations. In the American justice system, a person is presumed innocent unless and until he or she is proven guilty at trial or by guilty plea. However, if convicted as charged, each of the defendants faces a statutory penalty of 10 years to life in prison and a $4,000,000 fine. If a defendant has a prior felony drug conviction, the statutory minimum sentence increases to 20 years. As to all defendants, no sentence will exceed the statutory maximum, and in most cases it will be less than the maximum. It is important to note that any sentence will be influenced by the Federal Sentencing Guidelines, which the Court consults in order to determine each defendant’s actual sentence. Sentences are based upon a formula that takes into account the severity and characteristics of the offense and each defendant’s criminal history, if any.

According to the U.S. Department of Justice’s National Drug Intelligence Center (NDIC) National Drug Threat Assessment 2009, “Mexican drug trafficking organizations will most likely continue to establish new markets for Mexican heroin in northeastern states. Recent encroachments by Mexican heroin distributors into more northeastern drug markets most likely indicate a determination on the part of Mexican drug trafficking organizations to expand Mexican heroin distribution in new market areas.” A copy of the National Drug Threat Assessment 2009 can be found at www.usdoj.gov/ndic/ . Further, according to the Drug Enforcement Administration’s State Factsheet for North Carolina, heroin use and availability is growing in North Carolina. Present in every metropolitan area in the state, heroin is transported by Mexican drug trafficking organizations in small consignments to North Carolina using private and commercial vehicles as well as express parcel services. Other Hispanic, Asian, and African-American traffickers transport South American, Southeast Asian, and Southwest Asian heroin into North Carolina from Miami, New York, New Jersey, and Philadelphia by private vehicles and networks of commercial bus and airline couriers.

An alarming DEA statistic reports that a 77% increase in heroin seizures in North Carolina has occurred in the “last year (2007-2008).” The DEA North Carolina Factsheet can be found at www.usdoj.gov/dea/pubs/state_factsheets/northcarolina.html . US v. Javier Torres Gutierrez, et al Case Number 3:09cr131 Javier Torres Gutierrez Also known as “Raul R. Infante,” “Juan David,” “Perillo,” and “Danny” United States, age 20, in federal custody Loanis Alberto Cabanillas Also known as “Pelirojo” Mexico, age 19, Illegal alien, in federal custody Fernandez Arturo Cabello Mexico, age 42, Illegal alien, in federal custody Benigno Arellano Hernandez Also known as “Hector Torres Rodriguez” and “Benny” Mexico, age 18, Illegal alien, in federal custody Diego Alonso Villalobos Rivera Also known as “Angel Jimenez Rosas” and “Costeno” Mexico, age 18, Illegal alien, in federal custody Joaguin Hernandez Perez Also known as “Ruco” and “Old Man” Mexico, age 39, Illegal alien, in federal custody Trinidad Saigada Renteria Also known as “Gallo” Mexico, age 24, Illegal alien, in federal custody