1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE CENTRAL DISTRICT OF CALIFORNIA 8 October 2009 Grand Jury 9 UNITED STATES OF AMERICA, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
) ) Plaintiff, ) ) v. ) ) VICTOR MANUEL HURTADO, III, ) aka “Vic”; ) JAIME BANUELOS, ) aka “JB”; ) SILVINO PEREZ, ) aka “Fat Boy”; ) MICHAEL ANGEL MONSIVAIS, ) aka “Rascal”; ) ALBERT ROBERTO HERNANDEZ, ) aka “Fighter”; ) ALEXANDER JOHN HERNANDEZ; ) DAVID LYLE DARNALL, ) aka “D”; ) FREDRICK MALGRA GARCIA, JR., ) aka “Freddy,” aka “Freddy G”; ) MATTHEW PAUL REINA, ) aka “Lumps,” aka “Lumpy,” aka ) “Cobra”; ) ROMEO ROY ARANDA, ) aka “Criminal”; ) LORENA AGUIRRE; ) CRYSTINE MINCHAU RAMIREZ, ) aka “Chau,” aka ) “Crystine Thach,” aka ) “Chau Thach”; ) ANTHONY JESUS RAMIREZ; ) RICHARD ALLEN GALVAN, aka ) “Animal”; and ) NICK EVERETT CERVANTEZ, ) ) Defendants. ) ) CLS:cls
CR _________________ I N D I C T M E N T [21 U.S.C. §§ 846, 841(a)(1), (b)(1)(A), (b)(1)(C): Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances; 21 U.S.C. §§ 841(a)(1), (b)(1)(A), (b)(1)(B): Possession with Intent to Distribute and Distribution of Methamphetamine; 18 U.S.C. § 924(c)(1)(A)(i): Use or Carrying of Firearm During Drug Trafficking Crime; 18 U.S.C. § 922(g)(1): Felon in Possession of a Firearm and/or Ammunition; 21 U.S.C. § 843(b): Use of a Communication Facility in Committing a Felony Drug Offense]
1
The Grand Jury charges:
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COUNT ONE
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[21 U.S.C. §§ 846, 841(a)(1), 841(b)(1)(A), (b)(1)(B), (b)(1)(C)]
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A.
OBJECTS OF THE CONSPIRACY
5
Beginning on an unknown date but prior to May 4, 2006, and
6
continuing to the date of the filing of this indictment, in Los
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Angeles County, San Bernardino County, and Riverside County,
8
within the Central District of California, and elsewhere,
9
defendants VICTOR MANUEL HURTADO, III, also known as (“aka”)
10
“Vic” (“HURTADO”); JAIME BANUELOS, aka “JB” (“BANUELOS”); SILVINO
11
PEREZ, aka “Fat Boy” (“PEREZ”); MICHAEL ANGEL MONSIVAIS, aka
12
“Rascal” (“MONSIVAIS”); ALBERT ROBERTO HERNANDEZ, aka “Fighter”
13
(“ALBERT HERNANDEZ”); ALEXANDER JOHN HERNANDEZ (“ALEXANDER
14
HERNANDEZ”); DAVID LYLE DARNALL, aka “D” (“DARNALL”); FREDRICK
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MALGRA GARCIA, JR., aka “Freddy,” aka “Freddy G” (“GARCIA”);
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MATTHEW PAUL REINA, aka “Lumps,” aka “Lumpy,” aka “Cobra”
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(“REINA”); ROMEO ROY ARANDA, aka “Criminal” (“ARANDA”); LORENA
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AGUIRRE (“AGUIRRE”); CRYSTINE MINCHAU RAMIREZ, aka “Chau,” aka
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“Crystine Thach,” aka “Chau Thach” (“CRYSTINE RAMIREZ”); ANTHONY
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JESUS RAMIREZ (“ANTHONY RAMIREZ”); RICHARD ALLEN GALVAN, aka
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“Animal” (“GALVAN”); and NICK CERVANTEZ (“CERVANTEZ”)
22
(collectively, “the defendants”), and others known and unknown to
23
the Grand Jury, conspired and agreed with each other to knowingly
24
and intentionally distribute and possess with intent to
25
distribute controlled substances, in violation of 21 U.S.C.
26
§§ 841(a)(1).
27
intended to involve, and did involve, at least the following
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substances: at least 50 grams of methamphetamine, a schedule II
It is further alleged that this conspiracy was
2
1
controlled substance, in violation of 841(b)(1)(A); at least 100
2
kilograms of a mixture or substance containing a detectable
3
amount of marijuana, a schedule I controlled substance, in
4
violation of 841(b)(1)(B); a mixture or substance containing a
5
detectable amount of cocaine, a schedule II controlled substance,
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in violation of 841(b)(1)(C); and a mixture or substance
7
containing a detectable amount of heroin, a schedule I controlled
8
substance, in violation of 841(b)(1)(C).
9
B.
MEANS BY WHICH THE OBJECTS OF THE CONSPIRACY WERE TO BE
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ACCOMPLISHED
11
The objects of the conspiracy were to be accomplished in
12 13
substance as follows: 1.
Defendant HURTADO would oversee and direct a drug
14
trafficking organization involving the substances specified
15
above.
16
distribute controlled substances, and collect payment from
17
customers and redistributors.
18 19 20
2.
Defendant HURTADO would have other individuals obtain and
Defendant PEREZ would supply the drug trafficking
organization with methamphetamine. 3.
Acting at the direction of defendant HURTADO, and
21
independently, defendant BANUELOS would obtain drugs from
22
defendant HURTADO and from various suppliers, and would
23
distribute methamphetamine and cocaine to defendant MONSIVAIS and
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others.
25
4.
Defendant MONSIVAIS would act as the local distributor
26
of controlled substances for defendant HURTADO’s drug trafficking
27
organization in the Chino, California area.
28
would distribute the methamphetamine and cocaine obtained from 3
Defendant MONSIVAIS
1
defendant BANUELOS to various customers, including defendants
2
GALVAN, REINA, CRYSTINE RAMIREZ, ANTHONY RAMIREZ, and CERVANTEZ,
3
for further distribution.
4
5.
Defendants AGUIRRE, CRYSTINE RAMIREZ, and ANTHONY
5
RAMIREZ would assist defendant MONSIVAIS in his drug distribution
6
activities by receiving deliveries from BANUELOS, cutting
7
deliveries up into smaller portions, taking orders from
8
customers, making deliveries to customers, and collecting money.
9
6.
Defendants CRYSTINE RAMIREZ and ANTHONY RAMIREZ would
10
also acquire methamphetamine from defendant MONSIVAIS to sell to
11
customers on their own behalf.
12 13 14
7.
Defendant ALBERT HERNANDEZ would also distribute
methamphetamine in Chino, California and in surrounding areas. 8.
Defendant GARCIA would send messages from inside the
15
California Institute for Men in Chino, California (“Chino
16
Prison”) to defendants HURTADO, MONSIVAIS, DARNALL, REINA, ARANDA
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and others to direct the importation of heroin and other
18
controlled substances into the prison.
19
9.
Defendant MONSIVAIS would acquire heroin from defendant
20
BANUELOS and other sources for distribution to defendant GARCIA
21
and others.
22 23 24 25 26
10.
Defendants DARNALL, REINA and MONSIVAIS would
contribute money to pay for the heroin for defendant GARCIA. 11.
Defendant HURTADO would assist defendant MONSIVAIS in
acquiring the heroin for defendant GARCIA. 12.
Defendant ARANDA would secrete the heroin on his person
27
and transport it into Chino Prison, where he would distribute it
28
to defendant GARCIA and others, for further distribution. 4
13.
1
Defendants MONSIVAIS and BANUELOS would acquire
2
marijuana from unindicted co-conspirators, and distribute it to
3
defendants ALBERT HERNANDEZ, ALEXANDER HERNANDEZ, DARNALL,
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ARANDA, and other individuals, for further distribution.
5
C.
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OVERT ACTS In furtherance of the conspiracy and to accomplish the
7
objects of the conspiracy, the defendants and others known and
8
unknown to the Grand Jury committed various overt acts in Los
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Angeles County, San Bernardino County, and Riverside County,
10
within the Central District of California, including but not
11
limited to the following acts committed on or about the following
12
dates:
13
1.
On May 4, 2006, defendant HURTADO possessed
14
approximately $24,000 in cash and a .22 caliber pistol loaded
15
with five rounds of ammunition.
16
2.
On August 29, 2007, an unindicted co-conspirator
17
obtained approximately four pounds of methamphetamine from a
18
supplier, for further delivery to defendant HURTADO.
19
3.
On April 3, 2008, defendant ALBERT HERNANDEZ sold one-
20
half ounce of methamphetamine to a person whom he believed to be
21
a drug trafficker, but who was in fact a confidential source
22
working at the direction of the Federal Bureau of Investigation
23
(“CS1").
24 25 26 27 28
4.
On May 6, 2008, defendant ALBERT HERNANDEZ sold CS1 one
ounce of methamphetamine. 5.
On June 6, 2008, defendant ALBERT HERNANDEZ sold CS1
four ounces of methamphetamine. 6.
On June 18, 2008, using coded language in a telephone 5
1
conversation, defendant MONSIVAIS told a person whom he believed
2
to be a drug trafficker, but who was in fact a confidential
3
source working at the direction of the Federal Bureau of
4
Investigation (“CS2"), that defendant MONSIVAIS had both cocaine
5
and methamphetamine, and agreed to sell CS2 two ounces of
6
methamphetamine for $900 per ounce.
7
7.
On November 14, 2008, using coded language in a
8
telephone conversation, defendant GALVAN ordered two 1/8 ounce
9
quantities of methamphetamine from defendant MONSIVAIS.
10
8.
On November 18, 2008, using coded language in a
11
telephone conversation, defendant AGUIRRE told defendant GALVAN
12
that defendant MONSIVAIS would provide defendant GALVAN 1/8 ounce
13
of methamphetamine.
14
9.
On November 19, 2008, using coded language in a
15
telephone conversation, defendant MONSIVAIS told an unindicted
16
co-conspirator that there were three people who would pool their
17
money to purchase marijuana from the unindicted co-conspirator,
18
and they would take more than 300 kilograms of marijuana if the
19
product was good.
20
10.
On November 19, 2008, using coded language in a
21
telephone conversation, defendant MONSIVAIS told defendant
22
ALEXANDER HERNANDEZ that defendant MONSIVAIS would have a supply
23
of marijuana in the near future.
24
11.
On November 19, 2008, using coded language in a
25
telephone conversation, defendant ALEXANDER HERNANDEZ told
26
defendant MONSIVAIS that he had a customer who needed one pound
27
of marijuana at that time.
28
12.
On November 19, 2008, using coded language in a 6
1
telephone conversation, defendant MONSIVAIS told an unindicted
2
co-conspirator that the price for methamphetamine was $900 per
3
ounce for mid-grade methamphetamine, and $1,600 per ounce for
4
high-grade methamphetamine.
5
13.
On November 22, 2008, using coded language in a
6
telephone conversation, defendant GALVAN asked defendant AGUIRRE
7
for two 1/8 ounce portions of methamphetamine.
8
14.
On November 22, 2008, using coded language in a
9
telephone conversation, defendant AGUIRRE told defendant GALVAN
10
that defendant MONSIVAIS only had a single 1/8 ounce portion of
11
methamphetamine, and instructed defendant GALVAN to call her when
12
he had arrived at defendant MONSIVAIS’s residence.
13
15.
On November 22, 2008, using coded language in a
14
telephone conversation, defendant MONSIVAIS placed an order with
15
defendant BANUELOS for two ounces of methamphetamine.
16
16.
On November 23, 2008, using coded language in a
17
telephone conversation, defendant ALBERT HERNANDEZ told defendant
18
MONSIVAIS that he had a supply of methamphetamine, and asked
19
defendant MONSIVAIS for defendant DARNALL’s telephone number.
20
17.
On November 24, 2008, using coded language in a
21
telephone conversation, defendant ANTHONY RAMIREZ ordered 1/8
22
ounce of methamphetamine from defendant MONSIVAIS.
23
18.
On November 24, 2008, using coded language in a
24
telephone conversation, defendant MONSIVAIS told defendant
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ANTHONY RAMIREZ to go over to defendant MONSIVAIS’s residence and
26
take the methamphetamine himself, and that defendant CRYSTINE
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RAMIREZ knew where it was.
28
19.
On November 25, 2008, using coded language in a 7
1
telephone conversation, defendant ALBERT HERNANDEZ told defendant
2
MONSIVAIS that he had a supply of methamphetamine.
3
20.
On November 26, 2008, using coded language in a
4
telephone conversation, defendant MONSIVAIS requested two ounces
5
of methamphetamine from defendant BANUELOS, who agreed to deliver
6
the methamphetamine.
7
21.
On November 28, 2008, using coded language in a
8
telephone conversation, defendant CERVANTEZ ordered 1/8 ounce of
9
methamphetamine from defendant MONSIVAIS.
10
22.
On November 29, 2008, using coded language in a
11
telephone conversation, defendant BANUELOS agreed to bring
12
another one or two ounces of methamphetamine to defendant
13
MONSIVAIS.
14
23.
On November 29, 2008, using coded language in a
15
telephone conversation, defendant MONSIVAIS told defendant
16
BANUELOS that there were police on his street, and that he would
17
see where defendant AGUIRRE was and have her collect the
18
methamphetamine instead.
19
24.
On November 29, 2008, using coded language in a
20
telephone conversation, defendant MONSIVAIS called defendant
21
AGUIRRE and asked her to get in touch with defendant BANUELOS to
22
pick up methamphetamine from defendant BANUELOS.
23 24 25
25.
On November 29, 2008, defendant AGUIRRE met with
defendant BANUELOS to collect the methamphetamine. 26.
On November 29, 2008 defendant AGUIRRE drove with the
26
methamphetamine back to the residence of defendant MONSIVAIS,
27
while defendant MONSIVAIS followed in another vehicle.
28
27.
On November 29, 2008, using coded language in a 8
1
telephone conversation, defendant REINA ordered a 1/16 ounce
2
portion of methamphetamine from defendant MONSIVAIS for another
3
customer.
4
28.
On November 29, 2008, using coded language in a
5
telephone conversation, defendant CRYSTINE RAMIREZ told defendant
6
MONSIVAIS that she was going to drop off money and pick up a 1/16
7
ounce portion of methamphetamine from his house.
8 9
29.
On November 29, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told defendant
10
CRYSTINE RAMIREZ that there was one 1/16 ounce portion of
11
methamphetamine there, and the rest were 1/8 ounce portions.
12
30.
On December 1, 2008, using coded language in a
13
telephone conversation, defendant MONSIVAIS told an unindicted
14
co-conspirator that defendant BANUELOS would give defendant
15
MONSIVAIS one or two ounces of methamphetamine on credit at a
16
time, and that he believed that a pound of methamphetamine would
17
cost $13,500.
18
31.
On December 1, 2008, using coded language in a
19
telephone conversation, defendant MONSIVAIS told an unindicted
20
co-conspirator about 1000 pounds of marijuana being delivered.
21
32.
On December 1, 2008, using coded language in a
22
telephone conversation, defendant MONSIVAIS told an unindicted
23
co-conspirator that the price for cocaine was $24,500 per
24
kilogram.
25
33.
On December 2, 2008, using coded language in a
26
telephone conversation, defendant DARNALL told defendant
27
MONSIVAIS that he had received a letter from defendant GARCIA and
28
an unindicted co-conspirator, who wanted some drugs sent into 9
1 2
Chino prison for them. 34.
On December 2, 2008, using coded language in a
3
telephone conversation, defendant MONSIVAIS asked defendant
4
HURTADO to put him in touch with an individual to help fulfill
5
the request from defendant GARCIA.
6
35.
On December 2, 2008, using coded language in a
7
telephone conversation, defendant MONSIVAIS told defendant REINA
8
that he had received a letter from defendant GARCIA, who wanted
9
drugs sent into prison for him as soon as possible.
10
36.
On December 2, 2008, using coded language in a
11
telephone conversation, defendant REINA confirmed with defendant
12
MONSIVAIS that defendant GARCIA just wanted heroin.
13
37.
On December 2, 2008, using coded language in a
14
telephone conversation, defendant REINA indicated that obtaining
15
heroin would be no problem, and discussed with defendant
16
MONSIVAIS possible sources from which they could acquire the
17
heroin.
18
38.
On December 2, 2008, using coded language in a
19
telephone conversation, defendant MONSIVAIS asked defendant REINA
20
to contribute $100 towards the purchase of at least one-half of
21
an ounce of heroin for defendant GARCIA.
22
39.
On December 3, 2008, using coded language in a
23
telephone conversation, defendant MONSIVAIS told defendant
24
DARNALL that he had arranged to acquire the heroin for defendant
25
GARCIA, and asked defendant DARNALL if he could contribute to the
26
cost.
27 28
40.
On December 3, 2008, using coded language in a
telephone conversation, defendant DARNALL agreed to contribute 10
1 2 3 4
$100 towards the heroin for defendant GARCIA. 41.
On December 3, 2008, defendant CERVANTEZ purchased a
1/8 ounce portion of methamphetamine from defendant MONSIVAIS 42.
On December 3, 2008, using coded language in a
5
telephone conversation, defendant CERVANTEZ told defendant
6
AGUIRRE that he wanted to purchase two additional 1/8 ounce
7
portions of methamphetamine from defendant MONSIVAIS.
8 9
43.
On December 3, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told defendant
10
CERVANTEZ that defendant AGUIRRE would deliver defendant
11
CERVANTEZ’s methamphetamine order.
12
44.
On December 3, 2008, using coded language in a
13
telephone conversation, defendant MONSIVAIS and defendant
14
BANUELOS discussed the price for a pound of methamphetamine.
15
45.
On December 3, 2008, using coded language in a
16
telephone conversation, defendant MONSIVAIS told defendant
17
BANUELOS that their supplier would have 1000 pounds of marijuana
18
the next day.
19
46.
On December 4, 2008, using coded language in a
20
telephone conversation, defendant MONSIVAIS told defendant
21
DARNALL that he was getting 1000 pounds of marijuana from a
22
supplier.
23
47.
On December 4, 2008, using coded language in a
24
telephone conversation, defendant DARNALL told defendant
25
MONSIVAIS that he could help sell the marijuana.
26
48.
On December 4, 2008, using coded language in a
27
telephone conversation, defendant REINA told defendant MONSIVAIS
28
and that his cousin was going to call defendant MONSIVAIS to 11
1 2
order more methamphetamine. 49.
On December 4, 2008, using coded language in a
3
telephone conversation, defendant GALVAN told defendant MONSIVAIS
4
that he would pick up 1/8 ounce of methamphetamine and would pay
5
MONSIVAIS the next day.
6
50.
On December 4, 2008, using coded language in a
7
telephone conversation, defendant ANTHONY RAMIREZ agreed to
8
provide methamphetamine to a customer at defendant MONSIVAIS’s
9
direction.
10
51.
On December 5, 2008, using coded language in a
11
telephone conversation, defendant MONSIVAIS told defendant
12
BANUELOS that their supplier had sent 2000 pounds instead of 1000
13
pounds of marijuana across the border.
14
52.
On December 5, 2008, using coded language in a
15
telephone conversation, defendant REINA asked defendant MONSIVAIS
16
to prepare a 1/16 ounce portion of methamphetamine for him.
17
53.
On December 6, 2008, using coded language in a
18
telephone conversation, defendant MONSIVAIS told defendant
19
BANUELOS that he could obtain uncut cocaine from Mexico for
20
$24,500 per kilogram.
21
54.
On December 7, 2008, using coded language in a
22
telephone conversation, defendant MONSIVAIS agreed to distribute
23
1000 pounds of marijuana.
24
55.
On December 12, 2008, using coded language in a
25
telephone conversation, defendant AGUIRRE told defendant ANTHONY
26
RAMIREZ that she and defendant MONSIVAIS were going to collect
27
money from another drug customer and would be right back to
28
collect money from defendants ANTHONY RAMIREZ and CRYSTINE 12
1
RAMIREZ.
2
56.
On December 12, 2008, using coded language in a
3
telephone conversation, defendant MONSIVAIS told defendant
4
BANUELOS that he needed three ounces of methamphetamine,
5
57.
On December 12, 2008, using coded language in a
6
telephone conversation, defendant BANUELOS agreed to deliver the
7
three ounces of methamphetamine to defendant MONSIVAIS.
8 9
58.
On December 12, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told defendant ARANDA
10
that defendant GARCIA had sent a letter and wanted some drugs
11
brought into prison.
12
59.
On December 12, 2008, using coded language in a
13
telephone conversation, defendant ARANDA agreed to smuggle the
14
heroin into prison for defendant GARCIA.
15
60.
On December 12, 2008, using coded language in a
16
telephone conversation, defendant ARANDA told defendant MONSIVAIS
17
that he was interested in purchasing marijuana for $350 per
18
pound.
19
61.
On December 12, 2008, using coded language in a
20
telephone conversation, defendant MONSIVAIS contacted an
21
unindicted co-conspirator and arranged to put defendant ARANDA in
22
touch with the unindicted co-conspirator for the purpose of
23
purchasing marijuana.
24
62.
On December 17, 2008, using coded language in a
25
telephone conversation, defendant MONSIVAIS told defendant ALBERT
26
HERNANDEZ that he had a supply of marijuana for sale for $375 per
27
pound.
28
63.
On December 18, 2008, using coded language in a 13
1
telephone conversation, defendant MONSIVAIS told defendant
2
DARNALL that he would sell marijuana to defendant DARNALL, and
3
defendant DARNALL could sell it for an increased price.
4
64.
On December 19, 2008, using coded language in a
5
telephone conversation, defendant MONSIVAIS told defendant REINA
6
that he had two 1/8 ounce portions of methamphetamine, and agreed
7
to sell a 1/16 ounce portion to one of defendant REINA’s
8
customers.
9
65.
On December 19, 2008, using coded language in a
10
telephone conversation, defendant MONSIVAIS told defendant REINA
11
to have his customer call defendant CRYSTINE RAMIREZ to pick up
12
the methamphetamine.
13
66.
On December 19, 2008, using coded language in a
14
telephone conversation, defendant MONSIVAIS told defendant ARANDA
15
that he had the heroin to send into Chino Prison for defendant
16
GARCIA.
17
67.
On December 20, 2008, using coded language in a
18
telephone conversation, defendant GALVAN ordered three 1/8 ounce
19
portions of methamphetamine from defendant MONSIVAIS.
20
68.
On December 20, 2008, using coded language in a
21
telephone conversation, defendant REINA asked defendant MONSIVAIS
22
for more methamphetamine,
23
69.
On December 20, 2008, using coded language in a
24
telephone conversation, defendant MONSIVAIS told defendant REINA
25
that he only had cocaine.
26
70.
On December 21, 2008, using coded language in a
27
telephone conversation, defendant MONSIVAIS arranged to bring the
28
heroin intended for defendant GARCIA to defendant DARNALL. 14
1
71.
On December 21, 2008, using coded language in telephone
2
conversation, defendant MONSIVAIS told defendant ARANDA that
3
defendant DARNALL had the heroin for defendant ARANDA to pick up,
4
and that defendant MONSIVAIS had included some marijuana for
5
defendant ARANDA to use to make money while defendant ARANDA was
6
in prison.
7
72.
On December 23, 2008, using coded language in a
8
telephone conversation, defendant MONSIVAIS asked defendant
9
BANUELOS to bring him one or two ounces of methamphetamine,
10
73.
On December 23, 2008, using coded language in a
11
telephone conversation, defendant BANUELOS agreed to supply
12
defendant MONSIVAIS with more methamphetamine.
13
74.
On December 23, 2008, using coded language in a
14
telephone conversation, defendant MONSIVAIS told a customer that
15
he (defendant MONSIVAIS) had methamphetamine, marijuana, and
16
cocaine.
17
75.
On December 26, 2008, using coded language in a
18
telephone conversation, defendant MONSIVAIS told a customer that
19
he would get ounces of cocaine for $600 per ounce from defendant
20
BANUELOS.
21
76.
On December 27, 2008, using coded language in a
22
telephone conversation, defendant ARANDA told defendant MONSIVAIS
23
that he was going to turn himself in the following Monday, but
24
needed to repackage the heroin for defendant GARCIA.
25
77.
On December 27, 2008, using coded language in a
26
telephone conversation, defendant MONSIVAIS agreed to put
27
defendant ARANDA in touch with unindicted co-conspirators who
28
would be able to supply heroin to defendant ARANDA’s nephew and 15
1 2
mother while defendant ARANDA was in prison. 78.
On December 27, 2008, using coded language in a
3
telephone conversation, defendant BANUELOS told defendant
4
MONSIVAIS that he was interested in purchasing a whole ounce of
5
heroin.
6
79.
On December 29, 2008, defendant ARANDA attempted to
7
surrender to authorities for a violation of parole in order to
8
bring the heroin in to Chino Prison for defendant GARCIA.
9
80.
On December 29, 2008, using coded language in a
10
telephone conversation, defendant ARANDA told defendant MONSIVAIS
11
that he was not successful in attempting to turn himself in, and
12
had been told to come back.
13
81.
On December 29, 2008, using coded language in a
14
telephone conversation, defendant MONSIVAIS told defendant ARANDA
15
to bring the heroin with him the next time in case he was allowed
16
to surrender.
17
82.
On December 30, 2008, using coded language in a
18
telephone conversation, defendant MONSIVAIS told an unindicted
19
coconspirator seeking to purchase methamphetamine to call
20
defendant CRYSTINE RAMIREZ because defendant CRYSTINE RAMIREZ was
21
on standby to handle defendant MONSIVAIS’s drug orders.
22
83.
On December 31, 2008, using coded language in a
23
telephone conversation, defendant MONSIVAIS told an unindicted
24
coconspirator that he had no cocaine at that time, only
25
methamphetamine, and that defendant CRYSTINE RAMIREZ was holding
26
drugs for defendant MONSIVAIS.
27 28
84.
On December 31, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told defendant 16
1
BANUELOS that he needed two portions of cocaine, one in the
2
amount of 1/8 ounce and one in the amount of 1/16 ounce.
3
85.
On December 31, 2008, using coded language in a
4
telephone conversation, defendant CRYSTINE RAMIREZ told defendant
5
AGUIRRE that some customers were looking to purchase cocaine.
6
86.
On January 8, 2009, using coded language in a telephone
7
conversation, defendant GALVAN told defendant MONSIVAIS that he
8
had been stopped by the police after leaving MONSIVAIS’s
9
residence, and had swallowed the 1/8 ounce portion of
10 11
methamphetamine he had purchased from defendant MONSIVAIS. 87.
On January 11, 2009, using coded language in a
12
telephone conversation, defendant MONSIVAIS asked defendant
13
BANUELOS to drop off two ounces of methamphetamine for him with
14
defendant CRYSTINE RAMIREZ.
15
88.
Defendant BANUELOS agreed.
On January 11, 2009, using coded language in a
16
telephone conversation, defendant MONSIVAIS told defendant
17
CRYSTINE RAMIREZ that defendant BANUELOS was going to come to her
18
house and drop off two whole ounces of methamphetamine, and that
19
she should cut one of those portions exactly in half.
20
89.
On February 11, 2009, at the direction of defendant
21
HURTADO, defendant BANUELOS delivered approximately 5 pounds of
22
methamphetamine to an unindicted co-conspirator.
23
90.
On March 6, 2009, using coded language in a telephone
24
conversation, defendant DARNALL sold one ounce of methamphetamine
25
to CS2.
26
91.
On April 10, 2009, using coded language in a telephone
27
conversation, defendant DARNALL sold more than two ounces of
28
methamphetamine to CS2 17
1
92.
On June 14, 2009, defendant GARCIA provided several
2
letters to an unindicted co-conspirator for transportation
3
outside of Chino Prison which requested that defendant HURTADO,
4
defendant REINA and others arrange to transport heroin and
5
methamphetamine into Chino Prison.
6
93.
On November 10, 2009, using coded language in a
7
telephone conversation, defendant ALBERT HERNANDEZ asked
8
defendant HURTADO to put him in touch with either defendant PEREZ
9
or defendant BANUELOS in order to purchase methamphetamine.
10
94.
On November 10, 2009, defendant HURTADO called
11
defendant BANUELOS and asked defendant BANUELOS to call defendant
12
ALBERT HERNANDEZ.
13 14 15
95.
On November 16, 2009, defendant ALEXANDER HERNANDEZ
possessed approximately 90 grams of methamphetamine. 96.
On November 17, 2009, using coded language in a
16
telephone conversation, defendant HURTADO and defendant PEREZ
17
agreed to meet to discuss the sale of methamphetamine.
18
97.
On December 5, 2009, using coded language in a
19
telephone conversation, defendant HURTADO instructed defendant
20
BANUELOS not to lower the price for ounces of methamphetamine
21
even though defendant BANUELOS was able to obtain pounds of
22
methamphetamine for a lower price.
23
98.
On December 13, 2009, using coded language in a
24
telephone conversation, defendant BANUELOS told defendant HURTADO
25
that defendant BANUELOS had given the last two ounces of
26
methamphetamine to defendant MONSIVAIS, and owed defendant
27
HURTADO money for a total of six ounces of methamphetamine.
28
99.
On December 23, 2009, defendant HURTADO obtained 18
1 2
approximately eight ounces of methamphetamine from a supplier. 100.
On December 23, 2009, using coded language in a
3
telephone conversation, defendant HURTADO agreed to drop off four
4
ounces of methamphetamine to an unindicted co-conspirator.
5
101.
On December 23, 2009, defendant HURTADO delivered
6
approximately one ounce of methamphetamine to an individual he
7
believed to be a methamphetamine customer.
8 9 10 11
102.
On January 5, 2010, defendant PEREZ received a
delivery of approximately five pounds of methamphetamine from an unindicted co-conspirator, which he transported in his car. 103.
On January 5, 2010, defendant PEREZ possessed slightly
12
less than one pound of methamphetamine inside the oven in the
13
kitchen of in his house.
14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19
1
COUNT TWO
2
[18 U.S.C. § 924(c)(1)(A)(i)]
3
Beginning on an unknown date and continuing until on or
4
about May 4, 2006, in San Bernardino County, within the Central
5
District of California, defendant VICTOR MANUEL HURTADO, III,
6
also known as “Vic,” knowingly possessed a firearm, namely, a
7
North American Arms .22 caliber pistol, in furtherance of a drug
8
trafficking crime, namely, conspiracy to distribute and possess
9
with intent to distribute controlled substances, in violation of
10
Title 21, United States Code, Sections 841 and 846, as charged in
11
Count One.
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20
1
COUNT THREE
2
[18 U.S.C. § 922(g)(1)]
3
Beginning on an unknown date and continuing until on or
4
about May 4, 2006, in San Bernardino County, within the Central
5
District of California, defendant VICTOR MANUEL HURTADO, III,
6
also known as “Vic,” (“HURTADO”) knowingly possessed a firearm,
7
namely, a North American Arms .22 caliber pistol, and ammunition,
8
in and affecting interstate and foreign commerce.
9
Such possession occurred after defendant HURTADO had been
10
convicted of at least one of the following felonies, each
11
punishable by a term of imprisonment exceeding one year:
12
(1)
Burglary, in violation of California Penal Code
13
Section 459, in the Superior Court of California, County of San
14
Bernardino, case number FCH01189, on or about February 9, 1995;
15
(2)
Possession of a Controlled Substance, in violation of
16
California Health & Safety Code Section 11377(a), in the Superior
17
Court of California, County of San Bernardino, case number
18
FCH03139, on or about February 11, 1999; and
19
(3)
Possession of a Controlled Substance for Sale, in
20
violation of Health & Safety Code Section 11378, in the Superior
21
Court of California, County of San Bernardino, case number
22
FCH04941, on or about August 14, 2003.
23 24 25 26 27 28 21
1
COUNT FOUR
2
[21 U.S.C. §§ 841(a)(1), (b)(1)(A); 18 U.S.C. § 2]
3
On or about August 29, 2007, in Riverside County, within the
4
Central District of California, an unindicted co-conspirator
5
knowingly and intentionally possessed with intent to distribute
6
at least 50 grams, that is, approximately 1600 grams, of actual
7
methamphetamine, a schedule II controlled substance.
8
At the above time and place, defendant VICTOR MANUEL
9
HURTADO, III, also known as “Vic,” aided, abetted, counseled,
10
commanded, induced and procured the commission of the offense
11
alleged above.
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22
1
COUNT FIVE
2
[21 U.S.C. §§ 841(a)(1), (b)(1)(B); 18 U.S.C. § 2]
3
On or about April 3, 2008, in San Bernardino County, within
4
the Central District of California, defendant ALBERT ROBERTO
5
HERNANDEZ, also known as “Fighter,” knowingly and intentionally
6
distributed at least 5 grams, that is, approximately 12 grams, of
7
actual methamphetamine, a schedule II controlled substance.
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 23
1
COUNT SIX
2
[21 U.S.C. §§ 841(a)(1), (b)(1)(B)]
3
On or about May 6, 2008, in San Bernardino County, within
4
the Central District of California, defendant ALBERT ROBERTO
5
HERNANDEZ, also known as “Fighter,” knowingly and intentionally
6
distributed at least 5 grams, that is, approximately 21 grams, of
7
actual methamphetamine, a schedule II controlled substance.
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 24
1
COUNT SEVEN
2
[21 U.S.C. §§ 841(a)(1), (b)(1)(A)]
3
On or about June 6, 2008, in San Bernardino County, within
4
the Central District of California, defendant ALBERT ROBERTO
5
HERNANDEZ, also known as “Fighter,” knowingly and intentionally
6
distributed at least 50 grams, that is, approximately 105 grams,
7
of actual methamphetamine, a schedule II controlled substance.
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 25
1
COUNT EIGHT
2
[21 U.S.C. §§ 841(a)(1), (b)(1)(B)]
3
On or about June 18, 2008, in San Bernardino County, within
4
the Central District of California, defendant MICHAEL ANGEL
5
MONSIVAIS, also known as “Rascal,” knowingly and intentionally
6
distributed at least 5 grams, that is, approximately 34 grams, of
7
actual methamphetamine, a schedule II controlled substance.
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26
1
COUNT NINE
2
[21 U.S.C. §§ 841(a)(1), (b)(1)(C)]
3
On or about November 20, 2008, in San Bernardino County,
4
within the Central District of California, defendant MICHAEL
5
ANGEL MONSIVAIS, also known as “Rascal,” knowingly and
6
intentionally distributed approximately 3 grams of a mixture or
7
substance containing a detectable amount of methamphetamine, a
8
schedule II controlled substance.
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 27
1
COUNT TEN
2
[21 U.S.C. §§ 841(a)(1), (b)(1)(C)]
3
On or about November 20, 2008, in San Bernardino County,
4
within the Central District of California, defendant RICHARD
5
ALLEN GALVAN, aka “Animal,” knowingly and intentionally possessed
6
with intent to distribute approximately 3 grams of a mixture or
7
substance containing a detectable amount of methamphetamine, a
8
schedule II controlled substance.
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 28
1
COUNT ELEVEN
2
[21 U.S.C. §§ 841(a)(1), (b)(1)(C)]
3
On or about December 3, 2008, in San Bernardino County,
4
within the Central District of California, defendant MICHAEL
5
ANGEL MONSIVAIS, also known as “Rascal,” knowingly and
6
intentionally distributed approximately 7 grams of a mixture or
7
substance containing a detectable amount of methamphetamine, a
8
schedule II controlled substance.
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29
1
COUNT TWELVE
2
[21 U.S.C. §§ 841(a)(1), (b)(1)(C)]
3
On or about December 3, 2008, in San Bernardino County,
4
within the Central District of California, defendant NICK EVERETT
5
CERVANTEZ knowingly and intentionally possessed with intent to
6
distribute approximately 7 grams of a mixture or substance
7
containing a detectable amount of methamphetamine, a schedule II
8
controlled substance.
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30
1
COUNT THIRTEEN
2
[21 U.S.C. §§ 841(a)(1), (b)(1)(B)]
3
On or about March 6, 2009, in San Bernardino County, within
4 the Central District of California, defendant DAVID LYLE DARNALL, 5 also known as “D,” knowingly and intentionally distributed at 6 least 5 grams, that is, approximately 27 grams, of actual 7 methamphetamine, a schedule II controlled substance. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31
1
COUNT FOURTEEN
2
[21 U.S.C. §§ 841(a)(1), (b)(1)(A)]
3
On or about April 10, 2009, in San Bernardino County, within
4 the Central District of California, defendant DAVID LYLE DARNALL, 5 also known as “D,” knowingly and intentionally distributed at 6 least 50 grams, that is, approximately 56 grams, of actual 7 methamphetamine, a schedule II controlled substance. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 32
1
COUNT FIFTEEN
2
[21 U.S.C. §§ 841(a)(1), (b)(1)(B)]
3
On or about April 24, 2009, in San Bernardino County, within
4 the Central District of California, defendant DAVID LYLE DARNALL, 5 also known as “D,” knowingly and intentionally possessed with 6 intent to distribute at least 5 grams, that is, approximately 5.3 7 grams, of actual methamphetamine, a schedule II controlled 8 substance. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 33
1
COUNT SIXTEEN
2
[18 U.S.C. § 924(c)(1)(A)(i)]
3
Beginning on unknown date and continuing to on or about April
4 24, 2009, in San Bernardino County, within the Central District of 5 California, defendant DAVID LYLE DARNALL, also known as “D,” 6 knowingly possessed a firearm, namely, a Smith & Wesson Model 49 7 .38 caliber revolver, in furtherance of a drug trafficking crime, 8 namely, conspiracy to distribute and possess with intent to 9 distribute methamphetamine, in violation of Title 21, United 10 States Code, Section 846, as charged in Count One, and possession 11 with intent to distribute methamphetamine, in violation of Title 12 21, United States Code, Section 841(a)(1), as charged in Count 13 Fifteen. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 34
1
COUNT SEVENTEEN
2
[18 U.S.C. § 922(g)(1)]
3
On or about April 24, 2009, in San Bernardino County, within
4
the Central District of California, defendant DAVID LYLE DARNALL,
5
also known as “D,” (“DARNALL”) knowingly possessed a firearm,
6
namely, a Smith & Wesson Model 49 .38 caliber revolver, and
7
ammunition, namely, five rounds of .38 caliber ammunition, in and
8
affecting interstate and foreign commerce.
9
Such possession occurred after defendant DARNALL had been
10
convicted of at least one of the following felonies, each
11
punishable by a term of imprisonment exceeding one year:
12
(1)
Receiving Known Stolen Property, in violation of
13
California Penal Code Section 496(A), in the Superior Court of
14
California, County of San Bernardino, case number FCH04453, on or
15
about July 9, 2001;
16
(2)
Possession of a Narcotic Controlled Substance, in
17
violation of California Health & Safety Code Section 11350(a), in
18
the Superior Court of California, County of San Bernardino, case
19
number FCH06124, on or about November 17, 2003; and
20
(3)
Possession of a Dangerous Weapon, in violation of
21
California Penal Code Section 12020(a)(1), in the Superior Court
22
of California, County of San Bernardino, case number FWV038516,
23
on or about July 27, 2006.
24 25 26 27 28 35
1
COUNT EIGHTEEN
2
[21 U.S.C. §§ 841(a)(1), (b)(1)(A)]
3
On or about January 5, 2010, in San Bernardino County, within
4 the Central District of California, defendant ALEXANDER JOHN 5 HERNANDEZ knowingly and intentionally possessed with intent to 6 distribute at least 50 grams, that is, approximately 90 grams, of 7 actual methamphetamine, a schedule II controlled substance. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 36
1
COUNT NINETEEN
2
[21 U.S.C. §§ 841(a)(1), (b)(1)(B)]
3
On or about December 23, 2009, in San Bernardino County,
4 within the Central District of California, defendant VICTOR MANUEL 5 HURTADO, III, also known as “Vic,” knowingly and intentionally 6 distributed at least 5 grams, that is, approximately 27 grams, of 7 actual methamphetamine, a schedule II controlled substance. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 37
1
COUNT TWENTY
2
[21 U.S.C. §§ 841(a)(1), (b)(1)(A)]
3
On or about January 5, 2010, in San Bernardino County, within
4 the Central District of California, defendant SILVINO PEREZ, also 5 known as “Fat Boy,” knowingly and intentionally possessed with 6 intent to distribute at least 50 grams, that is, approximately 7 2170 grams, of actual methamphetamine, a schedule II controlled 8 substance. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 38
1
COUNT TWENTY-ONE
2
[21 U.S.C. §§ 841(a)(1), (b)(1)(A)]
3
Beginning on an unknown date and continuing to on or about
4 January 5, 2010, in San Bernardino County, within the Central 5 District of California, defendant SILVINO PEREZ, also known as 6 “Fat Boy,” knowingly and intentionally possessed with intent to 7 distribute at least 50 grams, that is, approximately 300 grams, of 8 actual methamphetamine, a schedule II controlled substance. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 39
1
COUNTS TWENTY-TWO THROUGH FORTY-FIVE
2
[21 U.S.C. § 843(b)]
3
On or about the dates and times set forth below, in Los
4
Angeles County, San Bernardino County, and Riverside County,
5
within the Central District of California, the defendants listed
6
below knowingly and intentionally used a communication facility,
7
namely, a telephone, in committing and causing and facilitating
8
the commission of a felony drug offense, namely, conspiracy to
9
possess with intent to distribute and to distribute controlled
10
substances in violation of Title 21, United States Code, Sections
11
841 and 846, as charged in Count One:
12 13
Count
14
TWENTY-TWO
11/14/08 4:25 PM
MICHAEL ANGEL MONSIVAIS, aka “Rascal,” and RICHARD ALLEN GALVAN, aka “Animal”
TWENTY-THREE
11/19/08 11:56 AM
MICHAEL ANGEL MONSIVAIS, aka “Rascal,” and ALEXANDER JOHN HERNANDEZ
TWENTY-FOUR
11/22/08 3:43 PM
LORENA AGUIRRE and RICHARD ALLEN GALVAN, aka “Animal”
TWENTY-FIVE
11/22/08 3:55 PM
MICHAEL ANGEL MONSIVAIS, aka “Rascal,” and JAIME BANUELOS, aka “JB”
TWENTY-SIX
11/23/08 7:29 PM
MICHAEL ANGEL MONSIVAIS, aka “Rascal,” and ALBERT ROBERTO HERNANDEZ
TWENTY-SEVEN
11/24/08 8:32 PM
MICHAEL ANGEL MONSIVAIS, aka “Rascal,” and ANTHONY JESUS RAMIREZ
TWENTY-EIGHT
11/25/08 10:44 AM
MICHAEL ANGEL MONSIVAIS, aka “Rascal,” and ALBERT ROBERTO HERNANDEZ
TWENTY-NINE
11/26/08 9:55 AM
MICHAEL ANGEL MONSIVAIS, aka “Rascal,” and JAIME BANUELOS, aka “JB”
THIRTY
11/28/08 1:34 PM
MICHAEL ANGEL MONSIVAIS, aka “Rascal,” and NICK EVERETT CERVANTEZ
15 16
Date/Time
Defendants
17 18 19 20 21 22 23 24 25 26 27 28
40
1
Count
2
THIRTY-ONE
11/29/08 3:13 PM
MICHAEL ANGEL MONSIVAIS, aka “Rascal,” and MATTHEW PAUL REINA, aka “Lumps,” aka Lumpy,” aka “Cobra”
THIRTY-TWO
11/29/08 6:24 PM
MICHAEL ANGEL MONSIVAIS, aka “Rascal,” and CRYSTINE MINCHAU RAMIREZ, aka “Chau,” aka “Crystine Thach,” aka “Chau Thach”
THIRTY-THREE
12/2/08 4:05 PM
MICHAEL ANGEL MONSIVAIS, aka “Rascal,” and DAVID LYLE DARNALL, aka “D”
THIRTY-FOUR
12/3/08 8:03 AM
MICHAEL ANGEL MONSIVAIS, aka “Rascal,” and NICK EVERETT CERVANTEZ
THIRTY-FIVE
12/3/08 8:40 PM
LORENA AGUIRRE and NICK EVERETT CERVANTEZ
THIRTY-SIX
12/4/08 9:50 AM
MICHAEL ANGEL MONSIVAIS, aka “Rascal,” and ANTHONY JESUS RAMIREZ
THIRTY-SEVEN
12/4/08 9:46 PM
MICHAEL ANGEL MONSIVAIS, aka “Rascal,” and MATTHEW PAUL REINA, aka “Lumps,” aka Lumpy,” aka “Cobra”
THIRTY-EIGHT
12/10/08 10:16 AM
MICHAEL ANGEL MONSIVAIS, aka “Rascal,” and ALEXANDER JOHN HERNANDEZ
THIRTY-NINE
12/12/08 6:50 PM
MICHAEL ANGEL MONSIVAIS, aka “Rascal,” and ROMEO ROY ARANDA, aka “Criminal”
FORTY
12/19/08 6:42 PM
MICHAEL ANGEL MONSIVAIS, aka “Rascal,” and CRYSTINE MINCHAU RAMIREZ, aka “Chau,” aka “Crystine Thach,” aka “Chau Thach”
FORTY-ONE
12/19/08 8:26 PM
MICHAEL ANGEL MONSIVAIS, aka “Rascal,” and ROMEO ROY ARANDA, aka “Criminal”
FORTY-TWO
4/10/09 4:08 PM
DAVID LYLE DARNALL, aka “D”
FORTY-THREE
11/17/09 6:12 PM
VICTOR MANUEL HURTADO, III, aka “Vic” and SILVINO PEREZ, aka “Fat Boy”
3
Date/Time
4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
Defendants
28 41
1
Count
2
FORTY-FOUR
11/18/09 2:14 PM
VICTOR MANUEL HURTADO, III, aka “Vic” and SILVINO PEREZ, aka “Fat Boy”
FORTY-FIVE
12/5/09 6:03 PM
VICTOR MANUEL HURTADO, III, aka “Vic” and JAIME BANUELOS, aka “JB”
3 4
Date/Time
Defendants
5 6
A TRUE BILL
7 8
_____________________________ Foreperson
9 10 11
ANDRÉ BIROTTE JR. United States Attorney
12 13 14 15 16 17 18 19 20
DANIEL S. GOODMAN Assistant United States Attorney Acting Chief, Criminal Division TIMOTHY J. SEARIGHT Assistant United States Attorney Chief, OCDETF Section ANDREW BROWN Assistant United States Attorney Deputy Chief, OCDETF Section CAMERON L. SCHROEDER Assistant United States Attorney OCDETF Section
21 22 23 24 25 26 27 28 42