federal indictment of chino sinners gang
DESCRIPTION
A multi-agency taskforce investigation has resulted in the federal indictment of members a Chino, Calif., gang for allegedly operating a drug distribution network.TRANSCRIPT
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UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
October 2009 Grand Jury
UNITED STATES OF AMERICA,
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”; andNICK EVERETT CERVANTEZ,
Defendants.
) ) ) ) ) ) ))))))))))))))))))))))))))))))))
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 andPossess with Intent toDistribute ControlledSubstances; 21 U.S.C. §§ 841(a)(1), (b)(1)(A), (b)(1)(B): Possession withIntent to Distribute andDistribution ofMethamphetamine; 18 U.S.C.§ 924(c)(1)(A)(i): Use orCarrying of Firearm DuringDrug Trafficking Crime; 18U.S.C. § 922(g)(1): Felon inPossession of a Firearm and/orAmmunition; 21 U.S.C. § 843(b): Use of aCommunication Facility inCommitting a Felony Drug Offense]
CLS:cls
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The Grand Jury charges:
COUNT ONE
[21 U.S.C. §§ 846, 841(a)(1), 841(b)(1)(A), (b)(1)(B), (b)(1)(C)]
A. OBJECTS OF THE CONSPIRACY
Beginning on an unknown date but prior to May 4, 2006, and
continuing to the date of the filing of this indictment, in Los
Angeles County, San Bernardino County, and Riverside County,
within the Central District of California, and elsewhere,
defendants VICTOR MANUEL HURTADO, III, also known as (“aka”)
“Vic” (“HURTADO”); JAIME BANUELOS, aka “JB” (“BANUELOS”); SILVINO
PEREZ, aka “Fat Boy” (“PEREZ”); MICHAEL ANGEL MONSIVAIS, aka
“Rascal” (“MONSIVAIS”); ALBERT ROBERTO HERNANDEZ, aka “Fighter”
(“ALBERT HERNANDEZ”); ALEXANDER JOHN HERNANDEZ (“ALEXANDER
HERNANDEZ”); DAVID LYLE DARNALL, aka “D” (“DARNALL”); FREDRICK
MALGRA GARCIA, JR., aka “Freddy,” aka “Freddy G” (“GARCIA”);
MATTHEW PAUL REINA, aka “Lumps,” aka “Lumpy,” aka “Cobra”
(“REINA”); ROMEO ROY ARANDA, aka “Criminal” (“ARANDA”); LORENA
AGUIRRE (“AGUIRRE”); CRYSTINE MINCHAU RAMIREZ, aka “Chau,” aka
“Crystine Thach,” aka “Chau Thach” (“CRYSTINE RAMIREZ”); ANTHONY
JESUS RAMIREZ (“ANTHONY RAMIREZ”); RICHARD ALLEN GALVAN, aka
“Animal” (“GALVAN”); and NICK CERVANTEZ (“CERVANTEZ”)
(collectively, “the defendants”), and others known and unknown to
the Grand Jury, conspired and agreed with each other to knowingly
and intentionally distribute and possess with intent to
distribute controlled substances, in violation of 21 U.S.C.
§§ 841(a)(1). It is further alleged that this conspiracy was
intended to involve, and did involve, at least the following
substances: at least 50 grams of methamphetamine, a schedule II
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controlled substance, in violation of 841(b)(1)(A); at least 100
kilograms of a mixture or substance containing a detectable
amount of marijuana, a schedule I controlled substance, in
violation of 841(b)(1)(B); a mixture or substance containing a
detectable amount of cocaine, a schedule II controlled substance,
in violation of 841(b)(1)(C); and a mixture or substance
containing a detectable amount of heroin, a schedule I controlled
substance, in violation of 841(b)(1)(C).
B. MEANS BY WHICH THE OBJECTS OF THE CONSPIRACY WERE TO BE
ACCOMPLISHED
The objects of the conspiracy were to be accomplished in
substance as follows:
1. Defendant HURTADO would oversee and direct a drug
trafficking organization involving the substances specified
above. Defendant HURTADO would have other individuals obtain and
distribute controlled substances, and collect payment from
customers and redistributors.
2. Defendant PEREZ would supply the drug trafficking
organization with methamphetamine.
3. Acting at the direction of defendant HURTADO, and
independently, defendant BANUELOS would obtain drugs from
defendant HURTADO and from various suppliers, and would
distribute methamphetamine and cocaine to defendant MONSIVAIS and
others.
4. Defendant MONSIVAIS would act as the local distributor
of controlled substances for defendant HURTADO’s drug trafficking
organization in the Chino, California area. Defendant MONSIVAIS
would distribute the methamphetamine and cocaine obtained from
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defendant BANUELOS to various customers, including defendants
GALVAN, REINA, CRYSTINE RAMIREZ, ANTHONY RAMIREZ, and CERVANTEZ,
for further distribution.
5. Defendants AGUIRRE, CRYSTINE RAMIREZ, and ANTHONY
RAMIREZ would assist defendant MONSIVAIS in his drug distribution
activities by receiving deliveries from BANUELOS, cutting
deliveries up into smaller portions, taking orders from
customers, making deliveries to customers, and collecting money.
6. Defendants CRYSTINE RAMIREZ and ANTHONY RAMIREZ would
also acquire methamphetamine from defendant MONSIVAIS to sell to
customers on their own behalf.
7. Defendant ALBERT HERNANDEZ would also distribute
methamphetamine in Chino, California and in surrounding areas.
8. Defendant GARCIA would send messages from inside the
California Institute for Men in Chino, California (“Chino
Prison”) to defendants HURTADO, MONSIVAIS, DARNALL, REINA, ARANDA
and others to direct the importation of heroin and other
controlled substances into the prison.
9. Defendant MONSIVAIS would acquire heroin from defendant
BANUELOS and other sources for distribution to defendant GARCIA
and others.
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
and transport it into Chino Prison, where he would distribute it
to defendant GARCIA and others, for further distribution.
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13. Defendants MONSIVAIS and BANUELOS would acquire
marijuana from unindicted co-conspirators, and distribute it to
defendants ALBERT HERNANDEZ, ALEXANDER HERNANDEZ, DARNALL,
ARANDA, and other individuals, for further distribution.
C. OVERT ACTS
In furtherance of the conspiracy and to accomplish the
objects of the conspiracy, the defendants and others known and
unknown to the Grand Jury committed various overt acts in Los
Angeles County, San Bernardino County, and Riverside County,
within the Central District of California, including but not
limited to the following acts committed on or about the following
dates:
1. On May 4, 2006, defendant HURTADO possessed
approximately $24,000 in cash and a .22 caliber pistol loaded
with five rounds of ammunition.
2. On August 29, 2007, an unindicted co-conspirator
obtained approximately four pounds of methamphetamine from a
supplier, for further delivery to defendant HURTADO.
3. On April 3, 2008, defendant ALBERT HERNANDEZ sold one-
half ounce of methamphetamine to a person whom he believed to be
a drug trafficker, but who was in fact a confidential source
working at the direction of the Federal Bureau of Investigation
(“CS1").
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
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conversation, defendant MONSIVAIS told a person whom he believed
to be a drug trafficker, but who was in fact a confidential
source working at the direction of the Federal Bureau of
Investigation (“CS2"), that defendant MONSIVAIS had both cocaine
and methamphetamine, and agreed to sell CS2 two ounces of
methamphetamine for $900 per ounce.
7. On November 14, 2008, using coded language in a
telephone conversation, defendant GALVAN ordered two 1/8 ounce
quantities of methamphetamine from defendant MONSIVAIS.
8. On November 18, 2008, using coded language in a
telephone conversation, defendant AGUIRRE told defendant GALVAN
that defendant MONSIVAIS would provide defendant GALVAN 1/8 ounce
of methamphetamine.
9. On November 19, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told an unindicted
co-conspirator that there were three people who would pool their
money to purchase marijuana from the unindicted co-conspirator,
and they would take more than 300 kilograms of marijuana if the
product was good.
10. On November 19, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told defendant
ALEXANDER HERNANDEZ that defendant MONSIVAIS would have a supply
of marijuana in the near future.
11. On November 19, 2008, using coded language in a
telephone conversation, defendant ALEXANDER HERNANDEZ told
defendant MONSIVAIS that he had a customer who needed one pound
of marijuana at that time.
12. On November 19, 2008, using coded language in a
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telephone conversation, defendant MONSIVAIS told an unindicted
co-conspirator that the price for methamphetamine was $900 per
ounce for mid-grade methamphetamine, and $1,600 per ounce for
high-grade methamphetamine.
13. On November 22, 2008, using coded language in a
telephone conversation, defendant GALVAN asked defendant AGUIRRE
for two 1/8 ounce portions of methamphetamine.
14. On November 22, 2008, using coded language in a
telephone conversation, defendant AGUIRRE told defendant GALVAN
that defendant MONSIVAIS only had a single 1/8 ounce portion of
methamphetamine, and instructed defendant GALVAN to call her when
he had arrived at defendant MONSIVAIS’s residence.
15. On November 22, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS placed an order with
defendant BANUELOS for two ounces of methamphetamine.
16. On November 23, 2008, using coded language in a
telephone conversation, defendant ALBERT HERNANDEZ told defendant
MONSIVAIS that he had a supply of methamphetamine, and asked
defendant MONSIVAIS for defendant DARNALL’s telephone number.
17. On November 24, 2008, using coded language in a
telephone conversation, defendant ANTHONY RAMIREZ ordered 1/8
ounce of methamphetamine from defendant MONSIVAIS.
18. On November 24, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told defendant
ANTHONY RAMIREZ to go over to defendant MONSIVAIS’s residence and
take the methamphetamine himself, and that defendant CRYSTINE
RAMIREZ knew where it was.
19. On November 25, 2008, using coded language in a
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telephone conversation, defendant ALBERT HERNANDEZ told defendant
MONSIVAIS that he had a supply of methamphetamine.
20. On November 26, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS requested two ounces
of methamphetamine from defendant BANUELOS, who agreed to deliver
the methamphetamine.
21. On November 28, 2008, using coded language in a
telephone conversation, defendant CERVANTEZ ordered 1/8 ounce of
methamphetamine from defendant MONSIVAIS.
22. On November 29, 2008, using coded language in a
telephone conversation, defendant BANUELOS agreed to bring
another one or two ounces of methamphetamine to defendant
MONSIVAIS.
23. On November 29, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told defendant
BANUELOS that there were police on his street, and that he would
see where defendant AGUIRRE was and have her collect the
methamphetamine instead.
24. On November 29, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS called defendant
AGUIRRE and asked her to get in touch with defendant BANUELOS to
pick up methamphetamine from defendant BANUELOS.
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
methamphetamine back to the residence of defendant MONSIVAIS,
while defendant MONSIVAIS followed in another vehicle.
27. On November 29, 2008, using coded language in a
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telephone conversation, defendant REINA ordered a 1/16 ounce
portion of methamphetamine from defendant MONSIVAIS for another
customer.
28. On November 29, 2008, using coded language in a
telephone conversation, defendant CRYSTINE RAMIREZ told defendant
MONSIVAIS that she was going to drop off money and pick up a 1/16
ounce portion of methamphetamine from his house.
29. On November 29, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told defendant
CRYSTINE RAMIREZ that there was one 1/16 ounce portion of
methamphetamine there, and the rest were 1/8 ounce portions.
30. On December 1, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told an unindicted
co-conspirator that defendant BANUELOS would give defendant
MONSIVAIS one or two ounces of methamphetamine on credit at a
time, and that he believed that a pound of methamphetamine would
cost $13,500.
31. On December 1, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told an unindicted
co-conspirator about 1000 pounds of marijuana being delivered.
32. On December 1, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told an unindicted
co-conspirator that the price for cocaine was $24,500 per
kilogram.
33. On December 2, 2008, using coded language in a
telephone conversation, defendant DARNALL told defendant
MONSIVAIS that he had received a letter from defendant GARCIA and
an unindicted co-conspirator, who wanted some drugs sent into
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Chino prison for them.
34. On December 2, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS asked defendant
HURTADO to put him in touch with an individual to help fulfill
the request from defendant GARCIA.
35. On December 2, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told defendant REINA
that he had received a letter from defendant GARCIA, who wanted
drugs sent into prison for him as soon as possible.
36. On December 2, 2008, using coded language in a
telephone conversation, defendant REINA confirmed with defendant
MONSIVAIS that defendant GARCIA just wanted heroin.
37. On December 2, 2008, using coded language in a
telephone conversation, defendant REINA indicated that obtaining
heroin would be no problem, and discussed with defendant
MONSIVAIS possible sources from which they could acquire the
heroin.
38. On December 2, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS asked defendant REINA
to contribute $100 towards the purchase of at least one-half of
an ounce of heroin for defendant GARCIA.
39. On December 3, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told defendant
DARNALL that he had arranged to acquire the heroin for defendant
GARCIA, and asked defendant DARNALL if he could contribute to the
cost.
40. On December 3, 2008, using coded language in a
telephone conversation, defendant DARNALL agreed to contribute
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$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
telephone conversation, defendant CERVANTEZ told defendant
AGUIRRE that he wanted to purchase two additional 1/8 ounce
portions of methamphetamine from defendant MONSIVAIS.
43. On December 3, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told defendant
CERVANTEZ that defendant AGUIRRE would deliver defendant
CERVANTEZ’s methamphetamine order.
44. On December 3, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS and defendant
BANUELOS discussed the price for a pound of methamphetamine.
45. On December 3, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told defendant
BANUELOS that their supplier would have 1000 pounds of marijuana
the next day.
46. On December 4, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told defendant
DARNALL that he was getting 1000 pounds of marijuana from a
supplier.
47. On December 4, 2008, using coded language in a
telephone conversation, defendant DARNALL told defendant
MONSIVAIS that he could help sell the marijuana.
48. On December 4, 2008, using coded language in a
telephone conversation, defendant REINA told defendant MONSIVAIS
and that his cousin was going to call defendant MONSIVAIS to
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order more methamphetamine.
49. On December 4, 2008, using coded language in a
telephone conversation, defendant GALVAN told defendant MONSIVAIS
that he would pick up 1/8 ounce of methamphetamine and would pay
MONSIVAIS the next day.
50. On December 4, 2008, using coded language in a
telephone conversation, defendant ANTHONY RAMIREZ agreed to
provide methamphetamine to a customer at defendant MONSIVAIS’s
direction.
51. On December 5, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told defendant
BANUELOS that their supplier had sent 2000 pounds instead of 1000
pounds of marijuana across the border.
52. On December 5, 2008, using coded language in a
telephone conversation, defendant REINA asked defendant MONSIVAIS
to prepare a 1/16 ounce portion of methamphetamine for him.
53. On December 6, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told defendant
BANUELOS that he could obtain uncut cocaine from Mexico for
$24,500 per kilogram.
54. On December 7, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS agreed to distribute
1000 pounds of marijuana.
55. On December 12, 2008, using coded language in a
telephone conversation, defendant AGUIRRE told defendant ANTHONY
RAMIREZ that she and defendant MONSIVAIS were going to collect
money from another drug customer and would be right back to
collect money from defendants ANTHONY RAMIREZ and CRYSTINE
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RAMIREZ.
56. On December 12, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told defendant
BANUELOS that he needed three ounces of methamphetamine,
57. On December 12, 2008, using coded language in a
telephone conversation, defendant BANUELOS agreed to deliver the
three ounces of methamphetamine to defendant MONSIVAIS.
58. On December 12, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told defendant ARANDA
that defendant GARCIA had sent a letter and wanted some drugs
brought into prison.
59. On December 12, 2008, using coded language in a
telephone conversation, defendant ARANDA agreed to smuggle the
heroin into prison for defendant GARCIA.
60. On December 12, 2008, using coded language in a
telephone conversation, defendant ARANDA told defendant MONSIVAIS
that he was interested in purchasing marijuana for $350 per
pound.
61. On December 12, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS contacted an
unindicted co-conspirator and arranged to put defendant ARANDA in
touch with the unindicted co-conspirator for the purpose of
purchasing marijuana.
62. On December 17, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told defendant ALBERT
HERNANDEZ that he had a supply of marijuana for sale for $375 per
pound.
63. On December 18, 2008, using coded language in a
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telephone conversation, defendant MONSIVAIS told defendant
DARNALL that he would sell marijuana to defendant DARNALL, and
defendant DARNALL could sell it for an increased price.
64. On December 19, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told defendant REINA
that he had two 1/8 ounce portions of methamphetamine, and agreed
to sell a 1/16 ounce portion to one of defendant REINA’s
customers.
65. On December 19, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told defendant REINA
to have his customer call defendant CRYSTINE RAMIREZ to pick up
the methamphetamine.
66. On December 19, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told defendant ARANDA
that he had the heroin to send into Chino Prison for defendant
GARCIA.
67. On December 20, 2008, using coded language in a
telephone conversation, defendant GALVAN ordered three 1/8 ounce
portions of methamphetamine from defendant MONSIVAIS.
68. On December 20, 2008, using coded language in a
telephone conversation, defendant REINA asked defendant MONSIVAIS
for more methamphetamine,
69. On December 20, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told defendant REINA
that he only had cocaine.
70. On December 21, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS arranged to bring the
heroin intended for defendant GARCIA to defendant DARNALL.
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71. On December 21, 2008, using coded language in telephone
conversation, defendant MONSIVAIS told defendant ARANDA that
defendant DARNALL had the heroin for defendant ARANDA to pick up,
and that defendant MONSIVAIS had included some marijuana for
defendant ARANDA to use to make money while defendant ARANDA was
in prison.
72. On December 23, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS asked defendant
BANUELOS to bring him one or two ounces of methamphetamine,
73. On December 23, 2008, using coded language in a
telephone conversation, defendant BANUELOS agreed to supply
defendant MONSIVAIS with more methamphetamine.
74. On December 23, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told a customer that
he (defendant MONSIVAIS) had methamphetamine, marijuana, and
cocaine.
75. On December 26, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told a customer that
he would get ounces of cocaine for $600 per ounce from defendant
BANUELOS.
76. On December 27, 2008, using coded language in a
telephone conversation, defendant ARANDA told defendant MONSIVAIS
that he was going to turn himself in the following Monday, but
needed to repackage the heroin for defendant GARCIA.
77. On December 27, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS agreed to put
defendant ARANDA in touch with unindicted co-conspirators who
would be able to supply heroin to defendant ARANDA’s nephew and
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mother while defendant ARANDA was in prison.
78. On December 27, 2008, using coded language in a
telephone conversation, defendant BANUELOS told defendant
MONSIVAIS that he was interested in purchasing a whole ounce of
heroin.
79. On December 29, 2008, defendant ARANDA attempted to
surrender to authorities for a violation of parole in order to
bring the heroin in to Chino Prison for defendant GARCIA.
80. On December 29, 2008, using coded language in a
telephone conversation, defendant ARANDA told defendant MONSIVAIS
that he was not successful in attempting to turn himself in, and
had been told to come back.
81. On December 29, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told defendant ARANDA
to bring the heroin with him the next time in case he was allowed
to surrender.
82. On December 30, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told an unindicted
coconspirator seeking to purchase methamphetamine to call
defendant CRYSTINE RAMIREZ because defendant CRYSTINE RAMIREZ was
on standby to handle defendant MONSIVAIS’s drug orders.
83. On December 31, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told an unindicted
coconspirator that he had no cocaine at that time, only
methamphetamine, and that defendant CRYSTINE RAMIREZ was holding
drugs for defendant MONSIVAIS.
84. On December 31, 2008, using coded language in a
telephone conversation, defendant MONSIVAIS told defendant
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BANUELOS that he needed two portions of cocaine, one in the
amount of 1/8 ounce and one in the amount of 1/16 ounce.
85. On December 31, 2008, using coded language in a
telephone conversation, defendant CRYSTINE RAMIREZ told defendant
AGUIRRE that some customers were looking to purchase cocaine.
86. On January 8, 2009, using coded language in a telephone
conversation, defendant GALVAN told defendant MONSIVAIS that he
had been stopped by the police after leaving MONSIVAIS’s
residence, and had swallowed the 1/8 ounce portion of
methamphetamine he had purchased from defendant MONSIVAIS.
87. On January 11, 2009, using coded language in a
telephone conversation, defendant MONSIVAIS asked defendant
BANUELOS to drop off two ounces of methamphetamine for him with
defendant CRYSTINE RAMIREZ. Defendant BANUELOS agreed.
88. On January 11, 2009, using coded language in a
telephone conversation, defendant MONSIVAIS told defendant
CRYSTINE RAMIREZ that defendant BANUELOS was going to come to her
house and drop off two whole ounces of methamphetamine, and that
she should cut one of those portions exactly in half.
89. On February 11, 2009, at the direction of defendant
HURTADO, defendant BANUELOS delivered approximately 5 pounds of
methamphetamine to an unindicted co-conspirator.
90. On March 6, 2009, using coded language in a telephone
conversation, defendant DARNALL sold one ounce of methamphetamine
to CS2.
91. On April 10, 2009, using coded language in a telephone
conversation, defendant DARNALL sold more than two ounces of
methamphetamine to CS2
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92. On June 14, 2009, defendant GARCIA provided several
letters to an unindicted co-conspirator for transportation
outside of Chino Prison which requested that defendant HURTADO,
defendant REINA and others arrange to transport heroin and
methamphetamine into Chino Prison.
93. On November 10, 2009, using coded language in a
telephone conversation, defendant ALBERT HERNANDEZ asked
defendant HURTADO to put him in touch with either defendant PEREZ
or defendant BANUELOS in order to purchase methamphetamine.
94. On November 10, 2009, defendant HURTADO called
defendant BANUELOS and asked defendant BANUELOS to call defendant
ALBERT HERNANDEZ.
95. On November 16, 2009, defendant ALEXANDER HERNANDEZ
possessed approximately 90 grams of methamphetamine.
96. On November 17, 2009, using coded language in a
telephone conversation, defendant HURTADO and defendant PEREZ
agreed to meet to discuss the sale of methamphetamine.
97. On December 5, 2009, using coded language in a
telephone conversation, defendant HURTADO instructed defendant
BANUELOS not to lower the price for ounces of methamphetamine
even though defendant BANUELOS was able to obtain pounds of
methamphetamine for a lower price.
98. On December 13, 2009, using coded language in a
telephone conversation, defendant BANUELOS told defendant HURTADO
that defendant BANUELOS had given the last two ounces of
methamphetamine to defendant MONSIVAIS, and owed defendant
HURTADO money for a total of six ounces of methamphetamine.
99. On December 23, 2009, defendant HURTADO obtained
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approximately eight ounces of methamphetamine from a supplier.
100. On December 23, 2009, using coded language in a
telephone conversation, defendant HURTADO agreed to drop off four
ounces of methamphetamine to an unindicted co-conspirator.
101. On December 23, 2009, defendant HURTADO delivered
approximately one ounce of methamphetamine to an individual he
believed to be a methamphetamine customer.
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
less than one pound of methamphetamine inside the oven in the
kitchen of in his house.
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COUNT TWO
[18 U.S.C. § 924(c)(1)(A)(i)]
Beginning on an unknown date and continuing until on or
about May 4, 2006, in San Bernardino County, within the Central
District of California, defendant VICTOR MANUEL HURTADO, III,
also known as “Vic,” knowingly possessed a firearm, namely, a
North American Arms .22 caliber pistol, in furtherance of a drug
trafficking crime, namely, conspiracy to distribute and possess
with intent to distribute controlled substances, in violation of
Title 21, United States Code, Sections 841 and 846, as charged in
Count One.
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COUNT THREE
[18 U.S.C. § 922(g)(1)]
Beginning on an unknown date and continuing until on or
about May 4, 2006, in San Bernardino County, within the Central
District of California, defendant VICTOR MANUEL HURTADO, III,
also known as “Vic,” (“HURTADO”) knowingly possessed a firearm,
namely, a North American Arms .22 caliber pistol, and ammunition,
in and affecting interstate and foreign commerce.
Such possession occurred after defendant HURTADO had been
convicted of at least one of the following felonies, each
punishable by a term of imprisonment exceeding one year:
(1) Burglary, in violation of California Penal Code
Section 459, in the Superior Court of California, County of San
Bernardino, case number FCH01189, on or about February 9, 1995;
(2) Possession of a Controlled Substance, in violation of
California Health & Safety Code Section 11377(a), in the Superior
Court of California, County of San Bernardino, case number
FCH03139, on or about February 11, 1999; and
(3) Possession of a Controlled Substance for Sale, in
violation of Health & Safety Code Section 11378, in the Superior
Court of California, County of San Bernardino, case number
FCH04941, on or about August 14, 2003.
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COUNT FOUR
[21 U.S.C. §§ 841(a)(1), (b)(1)(A); 18 U.S.C. § 2]
On or about August 29, 2007, in Riverside County, within the
Central District of California, an unindicted co-conspirator
knowingly and intentionally possessed with intent to distribute
at least 50 grams, that is, approximately 1600 grams, of actual
methamphetamine, a schedule II controlled substance.
At the above time and place, defendant VICTOR MANUEL
HURTADO, III, also known as “Vic,” aided, abetted, counseled,
commanded, induced and procured the commission of the offense
alleged above.
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COUNT FIVE
[21 U.S.C. §§ 841(a)(1), (b)(1)(B); 18 U.S.C. § 2]
On or about April 3, 2008, in San Bernardino County, within
the Central District of California, defendant ALBERT ROBERTO
HERNANDEZ, also known as “Fighter,” knowingly and intentionally
distributed at least 5 grams, that is, approximately 12 grams, of
actual methamphetamine, a schedule II controlled substance.
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COUNT SIX
[21 U.S.C. §§ 841(a)(1), (b)(1)(B)]
On or about May 6, 2008, in San Bernardino County, within
the Central District of California, defendant ALBERT ROBERTO
HERNANDEZ, also known as “Fighter,” knowingly and intentionally
distributed at least 5 grams, that is, approximately 21 grams, of
actual methamphetamine, a schedule II controlled substance.
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COUNT SEVEN
[21 U.S.C. §§ 841(a)(1), (b)(1)(A)]
On or about June 6, 2008, in San Bernardino County, within
the Central District of California, defendant ALBERT ROBERTO
HERNANDEZ, also known as “Fighter,” knowingly and intentionally
distributed at least 50 grams, that is, approximately 105 grams,
of actual methamphetamine, a schedule II controlled substance.
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COUNT EIGHT
[21 U.S.C. §§ 841(a)(1), (b)(1)(B)]
On or about June 18, 2008, in San Bernardino County, within
the Central District of California, defendant MICHAEL ANGEL
MONSIVAIS, also known as “Rascal,” knowingly and intentionally
distributed at least 5 grams, that is, approximately 34 grams, of
actual methamphetamine, a schedule II controlled substance.
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COUNT NINE
[21 U.S.C. §§ 841(a)(1), (b)(1)(C)]
On or about November 20, 2008, in San Bernardino County,
within the Central District of California, defendant MICHAEL
ANGEL MONSIVAIS, also known as “Rascal,” knowingly and
intentionally distributed approximately 3 grams of a mixture or
substance containing a detectable amount of methamphetamine, a
schedule II controlled substance.
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COUNT TEN
[21 U.S.C. §§ 841(a)(1), (b)(1)(C)]
On or about November 20, 2008, in San Bernardino County,
within the Central District of California, defendant RICHARD
ALLEN GALVAN, aka “Animal,” knowingly and intentionally possessed
with intent to distribute approximately 3 grams of a mixture or
substance containing a detectable amount of methamphetamine, a
schedule II controlled substance.
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COUNT ELEVEN
[21 U.S.C. §§ 841(a)(1), (b)(1)(C)]
On or about December 3, 2008, in San Bernardino County,
within the Central District of California, defendant MICHAEL
ANGEL MONSIVAIS, also known as “Rascal,” knowingly and
intentionally distributed approximately 7 grams of a mixture or
substance containing a detectable amount of methamphetamine, a
schedule II controlled substance.
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COUNT TWELVE
[21 U.S.C. §§ 841(a)(1), (b)(1)(C)]
On or about December 3, 2008, in San Bernardino County,
within the Central District of California, defendant NICK EVERETT
CERVANTEZ knowingly and intentionally possessed with intent to
distribute approximately 7 grams of a mixture or substance
containing a detectable amount of methamphetamine, a schedule II
controlled substance.
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COUNT THIRTEEN
[21 U.S.C. §§ 841(a)(1), (b)(1)(B)]
On or about March 6, 2009, in San Bernardino County, within
the Central District of California, defendant DAVID LYLE DARNALL,
also known as “D,” knowingly and intentionally distributed at
least 5 grams, that is, approximately 27 grams, of actual
methamphetamine, a schedule II controlled substance.
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COUNT FOURTEEN
[21 U.S.C. §§ 841(a)(1), (b)(1)(A)]
On or about April 10, 2009, in San Bernardino County, within
the Central District of California, defendant DAVID LYLE DARNALL,
also known as “D,” knowingly and intentionally distributed at
least 50 grams, that is, approximately 56 grams, of actual
methamphetamine, a schedule II controlled substance.
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COUNT FIFTEEN
[21 U.S.C. §§ 841(a)(1), (b)(1)(B)]
On or about April 24, 2009, in San Bernardino County, within
the Central District of California, defendant DAVID LYLE DARNALL,
also known as “D,” knowingly and intentionally possessed with
intent to distribute at least 5 grams, that is, approximately 5.3
grams, of actual methamphetamine, a schedule II controlled
substance.
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COUNT SIXTEEN
[18 U.S.C. § 924(c)(1)(A)(i)]
Beginning on unknown date and continuing to on or about April
24, 2009, in San Bernardino County, within the Central District of
California, defendant DAVID LYLE DARNALL, also known as “D,”
knowingly possessed a firearm, namely, a Smith & Wesson Model 49
.38 caliber revolver, in furtherance of a drug trafficking crime,
namely, conspiracy to distribute and possess with intent to
distribute methamphetamine, in violation of Title 21, United
States Code, Section 846, as charged in Count One, and possession
with intent to distribute methamphetamine, in violation of Title
21, United States Code, Section 841(a)(1), as charged in Count
Fifteen.
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COUNT SEVENTEEN
[18 U.S.C. § 922(g)(1)]
On or about April 24, 2009, in San Bernardino County, within
the Central District of California, defendant DAVID LYLE DARNALL,
also known as “D,” (“DARNALL”) knowingly possessed a firearm,
namely, a Smith & Wesson Model 49 .38 caliber revolver, and
ammunition, namely, five rounds of .38 caliber ammunition, in and
affecting interstate and foreign commerce.
Such possession occurred after defendant DARNALL had been
convicted of at least one of the following felonies, each
punishable by a term of imprisonment exceeding one year:
(1) Receiving Known Stolen Property, in violation of
California Penal Code Section 496(A), in the Superior Court of
California, County of San Bernardino, case number FCH04453, on or
about July 9, 2001;
(2) Possession of a Narcotic Controlled Substance, in
violation of California Health & Safety Code Section 11350(a), in
the Superior Court of California, County of San Bernardino, case
number FCH06124, on or about November 17, 2003; and
(3) Possession of a Dangerous Weapon, in violation of
California Penal Code Section 12020(a)(1), in the Superior Court
of California, County of San Bernardino, case number FWV038516,
on or about July 27, 2006.
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COUNT EIGHTEEN
[21 U.S.C. §§ 841(a)(1), (b)(1)(A)]
On or about January 5, 2010, in San Bernardino County, within
the Central District of California, defendant ALEXANDER JOHN
HERNANDEZ knowingly and intentionally possessed with intent to
distribute at least 50 grams, that is, approximately 90 grams, of
actual methamphetamine, a schedule II controlled substance.
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COUNT NINETEEN
[21 U.S.C. §§ 841(a)(1), (b)(1)(B)]
On or about December 23, 2009, in San Bernardino County,
within the Central District of California, defendant VICTOR MANUEL
HURTADO, III, also known as “Vic,” knowingly and intentionally
distributed at least 5 grams, that is, approximately 27 grams, of
actual methamphetamine, a schedule II controlled substance.
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COUNT TWENTY
[21 U.S.C. §§ 841(a)(1), (b)(1)(A)]
On or about January 5, 2010, in San Bernardino County, within
the Central District of California, defendant SILVINO PEREZ, also
known as “Fat Boy,” knowingly and intentionally possessed with
intent to distribute at least 50 grams, that is, approximately
2170 grams, of actual methamphetamine, a schedule II controlled
substance.
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COUNT TWENTY-ONE
[21 U.S.C. §§ 841(a)(1), (b)(1)(A)]
Beginning on an unknown date and continuing to on or about
January 5, 2010, in San Bernardino County, within the Central
District of California, defendant SILVINO PEREZ, also known as
“Fat Boy,” knowingly and intentionally possessed with intent to
distribute at least 50 grams, that is, approximately 300 grams, of
actual methamphetamine, a schedule II controlled substance.
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8
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COUNTS TWENTY-TWO THROUGH FORTY-FIVE
[21 U.S.C. § 843(b)]
On or about the dates and times set forth below, in Los
Angeles County, San Bernardino County, and Riverside County,
within the Central District of California, the defendants listed
below knowingly and intentionally used a communication facility,
namely, a telephone, in committing and causing and facilitating
the commission of a felony drug offense, namely, conspiracy to
possess with intent to distribute and to distribute controlled
substances in violation of Title 21, United States Code, Sections
841 and 846, as charged in Count One:
Count Date/Time Defendants
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
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2841
Count Date/Time Defendants
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”
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7
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9
10
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12
13
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15
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19
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21
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2842
Count Date/Time Defendants
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”
A TRUE BILL
_____________________________Foreperson
ANDRÉ BIROTTE JR. United States Attorney
DANIEL S. GOODMANAssistant United States AttorneyActing Chief, Criminal Division
TIMOTHY J. SEARIGHTAssistant United States AttorneyChief, OCDETF Section
ANDREW BROWNAssistant United States AttorneyDeputy Chief, OCDETF Section
CAMERON L. SCHROEDERAssistant United States AttorneyOCDETF Section