Defendants Convicted in “Operation Steal Curtain”

LAWFUEL – The Legal Newswire – SAN JOSE – United States Attorney Scott N. Schools announced that 9 defendants have pled guilty thus far in federal court in San Jose to charges stemming from “Operation Steal Curtain” a 23 month undercover investigation targeting suspects trafficking in methamphetamine, illegal firearms and stolen vehicles in and around the Hollister area. The joint federal – local initiative included the cooperative efforts of: the Bureau of Alcohol, Tobacco, Firearms and Explosives; the San Benito County Sheriff’s Office; the Hollister Police Department; the California Highway Patrol; the California Department of Justice; Bureau of Narcotic Enforcement; and the California Department of Insurance, Fraud Division.

Operation Steal Curtain culminated in an August takedown wherein more than 90 law enforcement personnel participated in the execution of 12 federal and 7 state arrest warrants

Today, defendant SAUL MAXIAS NIETO entered a plea of guilty to conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(B)(viii) before the Honorable James Ware. This charge carries a 10 year mandatory minimum sentence, to be followed by a period of supervised release.

The referenced mandatory minimum sentences may have been enhanced based upon the defendant’s prior felony drug conviction.

Previously, the below-listed defendants entered guilty pleas to the following charges, also before Judge Ware on the dates listed:

On 12-3-07, ROBERT VILLARREAL pleaded guilty to possession of unregistered sawed-off shotgun in violation of 26 U.S.C. § 5861(d). This charge carries no mandatory minimum sentence. Villareal’s sentencing is scheduled to occur on 2-25-08 at 1:30 p.m.

On 12-3-07, STEVEN MORENO pleaded guilty to distribution of methamphetamine, in violation of 21 U.S.C.841(b)(1)(B)(viii). This charge carries a 5 year mandatory minimum sentence, to be followed by a period of supervised release. Moreno’s sentencing is scheduled to occur on 3-10-08 at 1:30 p.m.

On 11-5-07, MICHAEL SAEZ pleaded guilty to possession with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(A)(viii). This charge carries a 10 year mandatory minimum sentence, to be followed by a period of supervised release. Saez’s sentencing is scheduled to occur on 1-14-08 at 1:30 p.m.

On 11-19-07, STEVEN ANTHONY COTA pleaded guilty to conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(B)(viii). This charge carries a 5 year mandatory minimum sentence, to be followed by a period of supervised release. Cota’s sentencing is scheduled to occur on 2-14-08 at 1:30 p.m.

On 11-5-07, JORGE MARTINEZ pleaded guilty to distribution of methamphetamine, in violation of 21 U.S.C. §841(b)(1)(B)(viii). This charge carries a 5 year mandatory minimum sentence, to be followed by a period of supervised release. Martinez’s sentencing is scheduled to occur on 1-14-08 at 9:00 a.m.

On 10-31-07, ROBERTO GARCIA MORALES pleaded guilty to distribution of methamphetamine, in violation of 21 U.S.C.841(b)(1)(B)(viii). This charge carries a 5 year mandatory minimum sentence, to be followed by a period of supervised release. Morales’ sentencing is scheduled to occur on 1-16-08 at 9:00 a.m.

On 10-22-07, CEFERINO ORTIZ pleaded guilty to conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(A)(viii). This charge carries a 10 year mandatory minimum sentence, to be followed by a period of supervised release. Ortiz’s sentencing is scheduled to occur on 1-14-08 at 9:00 a.m.

On 11-15-07, DANIEL ROBLEDO pleaded guilty to conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(B)(viii). This charge carries a 5 year mandatory minimum sentence, to be followed by a period of supervised release. Robledo’s sentencing is scheduled to occur on 3-17-08 at 1:30 p.m.

The statutory penalties for a violation of 21 U.S.C. 841(b)(1)(B)(viii) are as follows: maximum prison sentence of 40 years (mandatory minimum 5 years); maximum fine of $2,000,000; maximum supervised release term of life (mandatory minimum: 4 years).

The statutory penalties for a violation of 21 U.S.C. 841(b)(1)(A)(viii) are as follows: maximum prison sentence of life (mandatory minimum 10 years); maximum fine of $4,000,000; maximum supervised release term of life (mandatory minimum: 5 years).

However, any sentence following conviction would be imposed by the Court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553. Parole has been abolished in the federal system.

Thomas M. O’Connell is the Assistant U.S. Attorney who is prosecuting the case with the assistance of legal technician Tracey Anderson.

Further Information:

A copy of this press release may be found on the U.S. Attorney’s Office’s website at www.usdoj.gov/usao/can.

Electronic court filings and further procedural and docket information are available at https://ecf.cand.uscourts.gov/cgi-bin/login.pl.