The United States Attorney's Office for the Northern District of California announced that Salvador Gomez Oropeza, Luis Enrique Fernandez Castillo a/k/a Luis Fernandez, Carlos Alonso  Dominguez, Nicholas Garcia, Efren Rodriguez, Ernesto Flores, Javier Torres Navarrete a/k/a Jose Cisneros, Francisco Magano Fernandez, Jesus LNU, and Aaron Bernardo Hernandez were indicted on May 20, 2003 by a federal grand jury in the Northern District of California.  Each person was charged with one count of Conspiracy to Possess with Intent to Distribute and Distribution of Methamphetamine in violation of Title 21 United States Code Section 846, 13 counts of Possession of Methamphetamine, Cocaine and Heroin with intent to distribute in violation of Title 21 United States Code Section 841(a)(1).  Efren Rodriguez, owner and operator of the Puerto Vallarta Restaurant, 3333 Cleveland Ave, Santa Rosa, California was also indicted for maintaining the Puerto Vallarta restaurant for the purpose of unlawfully distributing a controlled substance in violation of Title 21, United States Code Section 856.  The indictment was unsealed today.

According to the indictment, Salvador Gomez Oropeza, Luis Enrique Fernandez Castillo a/k/a Luis Fernandez, Carlos Alonso Dominguez, Nicholas Garcia, Efren Rodriguez, Ernesto Flores, Javier Torres Navarrete a/k/a Jose Cisneros, Francisco Magano Fernandez, Jesus LNU, and Aaron Bernardo Hernandez are alleged to have agreed to distribute methamphetamine between November 20, 2001 and May 20, 2003 and to have engaged in various distributions of methamphetamine, cocaine and heroin between January 31, 2002 and March 5, 2003.

The maximum statutory penalty for each count in violation of Title 21 U.S.C. § 846 is a minimum mandatory term of imprisonment of ten years, and a maximum term of imprisonment of life in prison; a four million dollar fine, a five year term of supervised release and a penalty assessment of $100.00.  Violations of Title 21 U.S.C. § 841(a)(1) for 50 grams or more of pure methamphetamine carry a minimum mandatory term of imprisonment of ten years, and a maximum term of imprisonment of life in prison; a four million dollar fine, a five year term of supervised release and a penalty assessment of $100.00. Violations of Title 21 U.S.C. § 856 for maintaining a place are punishable by twenty years imprisonment, a $500,000 fine, 3 years of supervised release and a penalty assessment of $100.00.  However, any sentence following conviction would be dictated by the Federal Sentencing Guidelines, which take into account a number of factors, and would be imposed in the discretion of the Court.  An indictment simply contains allegations against an individual and, all defendants charged in the two indictments  must be presumed innocent unless and until convicted. 

AUSA Barbara Brennan Silano is the Assistant U.S. Attorney who is prosecuting the case in the Northern District of California.