October 23, 2009
Pierre, SD
United States Attorney Brendan V. Johnson announced that a St. Paul, Minnesota, man has been indicted by a federal grand jury for two counts of Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance, one count of Possession with Intent to Distribute a Controlled Substance, and one count of Use of a Communication Facility in Causing or Facilitating the Commission of a Felony under the Controlled Substances Act. Eleazar Guevara, age 24, was indicted by a federal grand jury on September 22, 2009, for two counts of Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance, one count of Possession with Intent to Distribute a Controlled Substance, and one count of Use of a Communication Facility in Causing or Facilitating the Commission of a Felony under the Controlled Substances Act. Guevara appeared before United States Magistrate Judge Mark A. Moreno on October 22, 2009, and pled not guilty to the indictment. The maximum penalty upon conviction for the Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance charges is not less than 5 years nor more than 40 years custody, a $2,000,000 fine, or both; at least 4 years of supervised release, and a $100 assessment to the Victims Assistance Fund. The maximum penalty upon conviction for the Possession with Intent to Distribute a Controlled Substance charge is not more than 20 years custody, a $1,000,000 fine, or both; at least 3 years of supervised release, and a $100 assessment to the Victims Assistance Fund. The maximum penalty upon conviction for the Use of a Communication Facility in Causing or Facilitating the Commission of a Felony under the Controlled Substances Act is not more than 4 years custody, a $250,000 fine, or both; at least 1 year of supervised release, and a $100 assessment to the Victims Assistance Fund. The charges are merely accusations, and Guevara is presumed innocent until and unless proven guilty. The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and Rosebud Law Enforcement Services. Assistant United States Attorney Tim Maher is prosecuting the case. Guevara was remanded to the custody of the U.S. Marshal. A trial date has not yet been set. # # # |
