The United States Attorney’s Office
announced that during a federal court session in Billings, on August 24, 2012,
before Chief U.S. District Judge Richard F. Cebull, Anjel Gutierrez Aguilar,
age 22, and Jose Aguilar, Jr., age 25, residents of Las Vegas, Nevada, appeared
for sentencing.
Anjel Aguilar was sentenced to a term
of:
■Prison: 120 months
■Special assessment: $200
■Supervised release: five years
Anjel was sentenced in connection with
his guilty plea to two counts of conspiracy to possess with the intent to
distribute and distribution of methamphetamine—the second count was from a
Nevada case that was transferred to Montana.
Jose Aguilar was sentenced to a term of:
■Prison: 168 months
■Special assessment: $100
■Supervised release: five years
Jose was sentenced in connection with
his guilty plea to conspiracy to possess with the intent to distribute and
distribution of methamphetamine.
In an Offer of Proof filed by Assistant
U.S. Attorney James E. Seykora, the government stated it would have proved at
trial the following:
A drug distribution group out of Las
Vegas, Nevada, was distributing methamphetamine in Billings and the surrounding
area. Law enforcement began an investigation and arranged for the purchase of
methamphetamine from Jose and Anjel. The officers utilized a confidential human
source (CHS) to make methamphetamine purchases from Jose and Anjel, who are
brothers.
The meetings and distributions were set
up via recorded phone calls and discussions with Jose or Anjel during the
period of the conspiracy. The undercover agent purchased or received
methamphetamine from either Jose or Anjel hand-to-hand on the dates and in the
amounts set forth below:
1. February 25, 2010: 12.2 grams of 82.3
percent meth or 10 grams actual meth;
2. March 3, 2010: 23 grams of 99.8 percent
meth or 22.9 grams actual meth;
3. March 16, 2010: 13.8 grams of 90.4
percent meth or 12.4 grams actual meth;
4. March 25, 2010: 13.5 grams of 87.4
percent meth or 11.7 grams actual meth; and
5. April 9, 2010: 27.1 grams of 86.7
percent meth or 23.4 grams actual meth.
The undercover agent set up a meeting on
March 12, 2010, with Jose to receive more methamphetamine. During the attempted
purchase, Jose called the undercover agent and changed the meeting location.
The undercover agent refused to change the location for safety reasons, and the
purchase was not completed. Later, Jose called the undercover agent and
threatened to kill him and his family for failing to follow Jose’s directions
for the drug purchase.
During the period of the conspiracy, both
Jose and Anjel carried or possessed firearms, including handguns and long arms.
In fact, Jose published photos of himself with firearms on his Facebook page.
The government obtained interviews from various individual witnesses that place
both Jose and Anjel with firearms while weighing, packaging, possessing, or
distributing meth.
Because there is no parole in the
federal system, the “truth in sentencing” guidelines mandate that they will
likely serve all of the time imposed by the court. In the federal system, they
do have the opportunity to earn a sentence reduction for “good behavior.”
However, this reduction will not exceed 15 percent of the overall sentence.
The investigation was a cooperative
effort between the Billings Big Sky Safe Streets Task Force, the Drug
Enforcement Administration, the Homeland Security Investigations, and the High
Intensity Drug Trafficking Task Force.
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