USA v. Lugo et al
Criminal

Western District of Texas, txwd-5:2019-cr-00227-1018437

INDICTMENT (Redacted Version) with Notice of Forfeiture included as to Alma Lugo & Josefina Garza. Unredacted document sealed pursuant to E-Government Act of 2002 as to Alma Lugo (1) count(s) 1, 2, 3, Josefina Garza (2) count(s) 1, 2, 3.

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FILED APR 0 32019 IN THE UNITED STATES DISTRICT COURT DISTR$CT COURT FOR THE WESTERN DISTRICT OF TEXAS ISTRCT OF TEXAS SAN ANTONIO DIVISION BY DEPUTY CLERK UNITED STATES OF AMERICA, INDICTMENT Plaintiff, CRIMINAL NO.: V. COUNT 1: 21 U.S.C. § 841(a)(1), 841(b)(1)(A)(viii) & 18 u.s.c. § 2- ALMA LUGO (1) Possession with the intent to distribute 500 JOSEFINA GARZA (2), grams or more of a mixture or substance containing methamphetamine and Aiding Defendants. and Abetting COUNT 2: 21 U.S.C. § 846, 841(a)(1) & 841(b)(1)(A)(viii) Conspiracy to Possess with the intent to distribute 500 grams or more of a mixture or substance containing methamphetamine COUNT 3: 18 U.S.C. § 924(c)(1)(A)(i) Possession of a firearm in furtherance of a drug trafficking offense THE GRAND JURY CHARGES: COUNT ON$A 1 9 CR 022 i: I [21 U.S.C. § 841(a)(1) & 841(b)(1)(A)(viii) & 18 U.S.C. §2] That on or about March 4, 2019, in the Western District of Texas, Defendants, ALMA LUGO (1), and JOSEFINA GARZA (2), knowingly and intentionally possessed with intent to distribute a controlled substance, and aided and abetted the knowing and intentional possession with intent to distribute a controlled substance, which offense involved 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II Controlled Substance, in violation of Title 21, United States Code, Sections 841(a)(l), 841(b)(1)(A)(viii) and Title 18, United States Code, Section 2. COUNT TWO [21 U.S.C. § 846, & 841(a)(l) & 841(b)(l)(A)(viii)] That on or about March 4, 2019, in the Western District of Texas, Defendants, ALMA LUGO (1), and JOSEFINA GARZA (2), knowingly, intentionally, and unlawfiully conspired, combined, confederated and agreed together, and with others known and unknown to the Grand Jury, to commit offenses against the United States, in violation of Title 21, United States Code, Section 846, that is to say, they conspired to possess a controlled substance, which offense involved 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II Controlled Substance, with intent to distribute same, contrary to Title 21, United States Code, Section 841(a)(1) in the quantities set forth below: QUANTITY OF CONTROLLED SUBSTANCE INVOLVED IN THE CONSPIRACY The quantity of methamphetamine involved in the conspiracy and attributable to each Defendant as a result of each Defendant's own conduct and as a result of the conduct of other conspirators reasonably foreseeable to each Defendant is as follows: DEFENDANT QUANTITY STATUTE ALMALUGO(1) SoOgramsormoreofa 21 U.S.C. § mixture or substance 841(b)(1)(A)(viii) containing a detectable amount of methamphetamine JOSEFINA GARZA (2) 500 grams or more of a 21 U.S.C. § mixture or substance 841(b)(1)(A)(viii) containing a detectable amount of methamphetamine All in violation of Title 21, United States Code, Sections 846. COUNT THREE [18 U.S.C. § 924(c)(1)(A)(i)] On or about March 4, 2019, in the Western District of Texas, Defendants, ALMA LUGO (1), and JOSEFINA GARZA (2), knowingly possessed a firearm, to wit: a DPMS 223 Model AR-i 5 Assault Rifle, Smith & Wesson M&P .40 Caliber, Bersa Tunder .380 Caliber, Taurus PT 738 .380 Caliber, Jimenez JA .380 Caliber, in furtherance of a drug trafficking crime, to wit: possession with the intent to distribute methamphetamine and conspiracy to possess with intent to distribute methamphetamine, in violation of Title 18, United States Code, Section 924(c)(1)(A)(i). NOTICE OF UNITED STATES OF AMERICA'S DEMAND FOR FORFEITURE [See Fed. R. Crim. P. 32.2J This Notice of Demand for Forfeiture includes but is not limited to the properties listed in Paragraph II. I. Drug Violations and Forfeiture Statutes [Title 21 U.S.C. § 841(a)(1) and 841(b)(1)(B)(viii), subject to forfeiture pursuant to Title 21 U.S.C. § 853(a)(1) and (2)1 As a result of the foregoing criminal violations set forth in One and Two, the United States of America gives notice to the Defendant of its intent to seek the forfeiture of the properties described below upon conviction pursuant to Fed. R. Crim. P. 32.2 and Title 21 U.S.C. § 853(a)(1) and (2), which states: Title 21 U.S.C. § 853. Criminal forfeitures (a) Property subject to criminal forfeitures. Any person convicted of a violation of this subchapter or subchapter II of this chapter punishable by imprisonment for more than one year shall forfeit to the United States, irrespective of any provision of State law.-- (1) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; 3 (2) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation;... II. Firearm Violations and Forfeiture Statutes [Title 18 U.S.C. § 924(c)(1)(A) and 922(g)(1), subject to forfeiture pursuant to Title 18 U.S.C. § 924(d)(1), made applicable to criminal forfeiture by Title 28 U.S.C. § 2461] As a result of the criminal violations set forth in Count Three, the United States of America gives notice to the Defendant of its intent to seek the forfeiture of the below described properties upon conviction and pursuant to Fed. R. Crim. P. 32.2 and Title 18 U.S.C. § 924(d)(1), made applicable to criminal forfeiture by Title 28 U.S.C. § 2461, which states: Title 18 U.S.C. § 924. Penalties (d)(l) Any firearm or ammunition involved in or used in any knowing violation of subsection. . . (g). . . of section 922. . . or knowing violation of section 924 shall be subject to seizure and forfeiture. . . under the provisions of this chapter. III. Personal Properties 1) DPMS 223 Model AR-15 Assault Rifle 2) Smith & Wesson M&P .40 Caliber 3) Bersa Tunder .380 Caliber 4) Taurus PT 738 .380 Caliber 5) Jimenez JA .380 Caliber A TRUE ' Ft, iON OF THE GRAND JURY JOHN F. United Si Assistant United1 Stte Attorney