Alleged Gang Members Arrested

Five alleged members of the Nuestra Familia street gang who were arrested in Merced last month during a statewide FBI takedown have pleaded not guilty to federal drug charges.^[1] All five were arraigned on Thursday in the Sacramento division of California's Eastern District federal court.^[2]

Under a federal grand jury indictment handed down Wednesday, the men are charged with conspiring to distribute cocaine, methamphetamine, ecstasy and marijuana.^[3] The Merced County residents charged are Edward Fuentes, Jr., Jason Stewart-Hanson, Alvaro Gomez, Leo Torres, and Valdemar Cambunga.^[4] Jesus Garcia was also arrested in Merced during the sweep, and indicted on Wednesday, July 11.^[5] He pleaded not guilty to the charges in a separate hearing on Thursday. All of the suspects remained in the Sacramento County Jail on Friday afternoon as none of them are eligible for release on bail.^[6]

Nuestra Familia, a Latino prison gang that originated in the 1960s, allegedly controls street-level crime across California.^[7] It has been asserted that the gang is a major distributor of cocaine, methamphetamine, ecstasy and marijuana throughout the state, and that the drugs are smuggled in from Mexico.^[8] The arrests followed a nearly two-year investigation into Nuestra Familia's drug trafficking operations.^[9]

All of those arrested were allegedly part of the Mario Diaz drug trafficking organization. Diaz was arrested in Stockton in May carrying 11.5 pounds of crystal methamphetamine, authorities say.^[10] Because the charges against the alleged gang members were supported by the federal grand jury, the defendants won't be afforded a preliminary hearing to determine if the case should go to trial.^[11]

Steven Bauer, an appointed federal criminal attorney representing Stewart-Hanson, said he expects it will take the case at least a year to make its way through the court.^[12] "These kinds of cases typically move very slow," said Bauer, he also said all of the local suspects will be tried together, unless a judge orders otherwise.^[13]

Possession with intent to distribute is a crime under 21 U.S.C. § 841 (2005).Under section 841, it is, in most cases, a crime for any person to knowingly or intentionally manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.

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^[1] By Corinne Reilly, Alleged gang members suspects say they're not guilty of drug crimes, Merced Sun-Star, July 16, 2007, available at http://www.mercedsunstar.com/local/story/13794034p-14372860c.html (last visited July 16, 2007).
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] Id.
^[10] Id.
^[11] Id.
^[12] Id.
^[13] Id.