Eastern District of California Blog

Stanislaus County Pot Bust Reportedly Yields 7,000 Pounds

Last week's raid on a thinly disguised marijuana growing operation yielded nearly 7,000 pounds of the drug, authorities said Monday. Agents arrested four men on drug charges.

Arrested at the site Thursday were Javier Arias Guzman, 52, of Martinez; Melchor Cardenas, 21, of San Jose; Camilo Lopez Sujuan, 42, of Mexico; and Eric Pinal, 27, of San Jose. Authorities confiscated a shotgun.

According to Stanislaus County sheriff's Sgt. Robert Hunt, who is assigned to the Stanislaus Drug Enforcement Agency, Cardenas and Pinal tended the large growing operation, hidden behind a few rows of corn and a plywood fence just off Highway 33 near Holly Road. "They were hired by the Yerba Buena Collective to grow it and expected payment of $100,000 and $150,000, respectively," Hunt said, adding that state law prohibits the growing of marijuana for profit.

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Hunt said agents busted a similar operation on the same property about a year ago. The property owner doesn't yet face charges but will receive a letter stating that federal authorities will seize the property if further incidents occur there.

Hunt said his investigators are working with the U.S. attorney's office on possible federal charges, which carry a stiffer penalty than a state case.

Modesto Bee, 7/30/12

Read more here: http://www.modbee.com/2012/07/30/2304397/stanislaus-county-pot-grow-yielded.html#storylink=omni_popular#storylink=cpy

EDCA Court Closes 89 Miles Of El Dorado National Forest To Off-Road Vehicles

A federal court today ordered the U.S. Forest Service to close 89 miles of off-road vehicle routes in the Eldorado National Forest that cut through and damage fragile Sierra Nevada meadow habitats. The court-imposed remedy implements a May 2011 court decision that found the Forest Service’s “travel-management plan” violated legal protections for meadows as well as threatened California red-legged frogs. In response to the May decision, the Forest reconsidered impacts to the frog and its habitat. 

Center for Biological Diversity, 7/31/12

Federal Defenders Cap Undefeated Justice League Season With Win Over U.S. Attorney's Office

On Thursday, the Sacramento Federal Defenders, admirably coached by Henry Hawkins, beat the U.S. Attorney's Office in their end-of-season match.  The USA's scored 3 runs in the first inning before FD pitcher David Harshaw clamped down and the defense kept them scoreless the rest of the way. The FD's put together a 4-run rally in the bottom of the fourth with the big hit being Paul Mann's bases-loaded two-out double, holding on for a 4-3 victory.  The win capped an undefeated 8-0 season for the FD Court Gestures, giving them their third championship of the Justice League in the last four years.  No truth to the rumor that the Federal Defenders exploited a loophole in the Summer League rules by hiring summer interns based on their softball skills.

2012 Federal Defender Court Gestures Team Photo

Police Give Warnings After 700 Marijuana Plants Seized

Fresno County Sheriff's deputies and U.S. Drug Enforcement agents seized more than 700 marijuana plants during a raid Friday morning in the Three Rocks community of western Fresno County.

Investigators found the plants while serving four federal search warrants, said Fresno County Sheriff Lt. Rick Ko. Some of the plants seized were over 12 feet tall, and each would have produced more than six pounds of high-grade processed marijuana, he said.

The seizure was part of Operation Mercury, a collaborative police effort between Merced, Madera, Fresno, Kings, Tulare and Kern counties and the federal Drug Enforcement Agency to combat illicit marijuana production.

Those caught cultivating or allowing cultivation on their property were issued warnings by police. Those who failed to comply would be subject to searches, property seizures and arrests, Ko said.

Fresno Bee, 7/27/12

Thank You! Yes On Prop 34!

Thanks for all those who attended our fundraiser last weekend for Prop 34 (aka, the put our friends in capital defense out-of-work party), the ballot initiative to replace the death penalty in California with life imprisonment without the possibility of parole and save the state $184 Million annually in the process.  Thanks to the efforts of my cohorts, Sacramento County Assistant Public Defenders Amanda Benson and Mickey Sampson and the generous support of many, we exceeded our fundraising goals and had a lot of fun in the process.  For those who still wish to donate, now is the time as donations through the end of July are matched by a generous supporter.  Donate online here or find other ways to help at Safe Campaign California.

For more on why you should support Prop 34, check out Fair and Unbalanced Blog here and here.

2255 Motion Cuts Bryan Epis Sentence By 30 Months

Here's the lede from the Sacramento Bee, 7/25/12 piece on one of my cases:

Bryan James Epis, the first person associated with a California cannabis dispensary to duke it out at trial with federal prosecutors over medical marijuana, has had 2 1/2 years whacked off his mandatory 10-year prison term.

See United States v. Epis, 97-381-GEB.

After Warnings Ignored, Feds Raid Marijuana Sites

Two marijuana-growing sites, one across the street from a school west of Fresno, were raided Wednesday morning. Three people were arrested.

Almost 2,000 plants were seized at the sites. Fresno County Sheriff Margaret Mims said two of those arrested will face federal charges and one will be prosecuted under state law.

Sheriff's deputies conducted the raid with help from the federal Drug Enforcement Administration.

John Donnelly, DEA resident agent in charge, said seizures were part of what he called "Operation Mercury" and took place after the growers ignored warning letters from the federal agency that marijuana cultivation remains illegal under federal statutes despite California's medical marijuana provisions.

"These folks declined to cooperate" with warning notifications from the DEA, Donnelly said.

"If we come to your door, you've had your chance."

Fresno Bee, 7/25/12

Yuba City Doctor Indicted On Medicare Fraud

A Yuba City doctor has been linked to an alleged $1.3 million Medicare  scam.

Dr. Irving J. Schwartz was arrested on Tuesday by federal agents and  arraigned in US District Court in Sacramento, the US Attorney's Office confirmed  Wednesday.  Schwartz was released the same day on a $75,000 bail bond.

Appeal Democrat, 7/26/12

Off-Roaders Allege U.S. Forest Service Has Unlawfully Denied Access To Tahoe National Forest Trails

"Off-roaders complain that the U.S. Forest Service closed off trails they use in Tahoe National Forest in a 'Draconian denial of public lands access,' in Federal Court."  Courthouse News, 7/18/12; Civil Complaint, 7/17/12.

Former Correctional Officer Sentenced To 18 Months For Selling Tobacco and Cell Phones In Prison

Former California Correctional Officer Bobby Joe Kirby was sentenced Monday by U.S. District Judge William B. Shubb to 18 months in prison peddling cellphones and tobacco to inmates at the Lassen County minimum security camp.  The venture paid Kirby $15,635 before an inmate snitched him off to prison authorities.

Sac Bee Blog, 7/23/12