Federal Grand Jury Returns Indictments in the Eastern District of Texas
| U.S. Attorney’s Office October 06, 2010 |
TYLER, TX—A federal grand jury returned several indictments this week on cases involving federal violations in the Eastern District of Texas announced United States Attorney John M. Bales today.
Victor Hernandez, Jr., 30, of Henderson, Texas, was indicted on charges of conspiracy to possess with the intent to distribute and distribution of methamphetamine. If convicted, he could receive a term of imprisonment of not less than 10 years and not more than life, and a fine not to exceed $4,000,000.00 or both. In addition, the defendant could receive a term of supervised release of at least five years and a mandatory special assessment of $100.00.
The indictment alleges that from in or about October, 2009, until the defendant’s arrest on September 22, 2010, Hernandez knowingly and intentionally conspired with others to possess, with the intent to distribute, and distributed 50 grams or more of methamphetamine, a schedule II controlled substance.
This case is being investigated by the Federal Bureau of Investigation, the Rusk County Sheriff’s Office, the Department of Public Safety, the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Drug Enforcement Administration, and the FBI High Intensity Drug Trafficking Areas (HIDTA) Task Force. Assistant United States Attorney Richard L. Moore is prosecuting the case.
Gabriel Huerta-Cruz, 34, of San Luis de la Paz, Guanajato, Mexico, was indicted on charges of being an alien found unlawfully present in the United States after previous deportation.
If convicted, Huerta-Cruz could receive a term of imprisonment of 20 years in prison and a fine of up to $250,000.00 or both. In addition, the defendant could receive a term of supervised release of not more than three years and a mandatory special assessment of $100.00.
The indictment alleges that from on July 25, 2010, Gabriel Huerta-Cruz was arrested by deputies with the Henderson County Sheriff's Department for driving while intoxicated. Department of Homeland Security/Immigration and Customs Enforcement (DHS/ICE) was contacted by the state authorities based on Huerta-Cruz's suspected illegal status in the U.S. On August 20, 2010 it was determined that Huerta-Cruz was illegally present in the United States. The investigation also revealed that Huerta-Cruz is a Mexican national and that he was previously deported to Mexico on May 17, 2005 after an aggravated felony conviction for possession of a controlled substance.
The case is being investigated by the DHS/ICE and the Henderson County Sheriff's Office. Assistant United States Attorney Allen Hurst is prosecuting the case.
It is important to note that an indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.