Tomas Arevalo Renteria, 'El Chapo' Co-Defendant, Sentencing Recommendation

Case: 1:09-cr-00383 Document #: 434 Filed: 11/11/15 Page 1 of 16 PageID #:2621
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
UNITED STATES OF AMERICA
v.
TOMAS AREVALO RENTERIA
No. 09 CR 383-9
Chief Judge Ruben Castillo
GOVERNMENTS SENTENCING MEMORANDUM

The UNITED STATES OF AMERICA, by its attorney, ZACHARY T.
FARDON, United States Attorney for the Northern District of Illinois, respectfully
submits the following response to defendants sentencing memorandum and
objections to the presentence investigation report:
I.
Introduction
On August 6, 2009, April 5, 2011, and January 5, 2012, defendant was
respectively charged in the First, Second, and Third Superseding Indictments in

this matter with conspiracy to possess with intent to distribute and to distribute
controlled substances in violation of Title 21, United States Code, Section 846
(Count One), conspiracy to import a controlled substance into the United States, in
violation of Title 21, United States Code, Section 963 (Count Two), and distribution
of a controlled substance, in violation of Title 21, United States Code, Section
841(a)(1). R. 7, 75, and 157. Defendant was arrested in Mexico and, following
formal a petition by the government, extradited to the United States; first
appearing before this Court on December 20, 2010. R. 190. On March 26, 2014,
pursuant to a written plea declaration, defendant entered a blind plea of guilty to

Count One of the Third Superseding Indictment. R. 288 and 291.
II.
The Offense Conduct

Between approximately May 2005 and September 2009, defendant TOMAS
AREVALO RENTERIA was a member or associate of the Sinaloa Cartel and,

specifically a member of a conspiracy to import into the United States and
distribute massive quantities of cocaine and heroin. AREVALO RENTERIAs role
in the conspiracy was to act as a logistical coordinator, responsible for the
distribution of cocaine and heroin transported from Mexico to Chicago. AREVALO
RENTERIA performed this role in multiple ways, including through the direction of
couriers operating in the United States. For example, in October and November
2008, Pedro Flores and Margarito Flores (the Flores brothers), who unbeknownst
to AREVALO RENTERIA, were cooperating with the government, agreed to
purchase two separate shipments of heroin from the Sinaloa Cartel. The Flores
brothers primary contact for these two shipments was AREVALO RENTERIA. In
each transaction, the Flores brothers provided information to U.S. law enforcement
that allowed the shipments of heroin to be seized.
Specifically, based on
information from the Flores brothers, law enforcement seized approximately 15

kilograms of heroin in Chicago on October 7, 2008, and approximately 12 kilograms
of heroin in Cicero on November 14, 2008.
In the first heroin transaction, the Flores brothers negotiated directly with
AREVALO RENTERIA to receive approximately 15 kilos of heroin in the Chicago
area. Although AREVALO RENTERIA and Pedro Flores were both in Mexico at
the time of the transaction, AREVALO RENTERIA supplied Pedro Flores with the
phone number of AREVALO RENTERIAs courier in the Chicago area, Aran
Carrillo. 1 Pedro Flores provided Carrillos phone number to an undercover DEA
agent (UC) who subsequently arranged a meeting with Carrillo and took
possession of the 15 kilos of heroin on October 7, 2008. On or about October 21 and
October 22, 2008, Pedro Flores recorded two conversations with AREVALO
RENTERIA regarding payment of approximately $820,000 for the 15-kilos of heroin
received (transcripts attached as Exhibits 1 and 2).
Pedro Flores informed
AREVALO RENTERIA that the Flores brothers sent more money than they
actually owed and asked AREVALO RENTERIA to save the extra money for them.
In reality, no money was exchanged; the same UC arranged a meeting with Carrillo
and provided sham payment, which was subsequently seized from Carrillo during a
traffic stop.
With respect to the November 14, 2008 12-kilo heroin transaction, the Flores
brothers again negotiated with AREVALO RENTERIA in Mexico to receive the
heroin in the Chicago area.
In a recorded conversation with Pedro Flores,
Carrillo was charged in the matter of United States v. Aran Carrillo, 08 CR 982 (N.D. Ill.),
assigned to this Court, with possession with intent to distribute a controlled substance,
namely more than one kilogram of heroin, in violation of Title 21, United States Code,
Section 841(a)(1). Carrillo pled guilty and was sentenced to 120 months imprisonment.
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AREVALO RENTERIA passed the phone number and nickname of the courier who
would deliver 12 kilos of heroin on November 14, 2008 (transcript attached as
Exhibit 3). 2 Pedro Flores provided this name and number to law enforcement. A
DEA UC then recorded several conversations with the courier using the number
provided by AREVALO RENTERIA. These conversations resulted in the courier
delivering approximately 12 kilograms of heroin to the undercover officer on or
about November 14, 2008.
In addition to these heroin transactions, as explained in the PSR, the
conspiracy to which AREVALO RENTERIA pled guilty involved multiple tons of
cocaine and dozens of kilos of heroin.
PSR at paragraphs 35-38.
In fact, the
seizures alone associated with the conspiracy totaled approximately 1,930

kilograms of cocaine and 55 kilograms of heroin between approximately June 2005
and November 2008. PSR at paragraph 11. In his plea declaration, defendant
stated that he did not dispute that the amount of narcotics for which he is
accountable in his offense of conviction is at least 150 kilograms of cocaine and 30
kilograms of heroin. R. 288 at 6.
In order to further the investigation, the courier was not arrested at the time of the 12kilo heroin delivery. A complaint was issued in the nickname of the courier (FNU LNU
a/k/a Turuco) in the matter of 08 CR 988 (N.D. Ill.); however, the courier was never
positively identified and remains a fugitive.
2
III.
Governments Corrections/Objections to the PSR
Base Offense Level

The version of the Guidelines that were in effect at both the time of the
offense and the time of defendants plea (respectively the November 2008
Guidelines and November 2013 Guidelines), each defined the amount of narcotics
associated with base offense level 38 as more than 150 kilos of cocaine and 30 kilos
of heroin. USSG 2D1.1(a)(5) and (c)(1). In his plea declaration, defendant agreed
not to dispute that his offense of conviction involved a total amount of narcotics in
excess of 150 kilos of cocaine and 30 kilos of heroin. The version of the Guidelines
currently in effect, the November 2015 Guidelines, increased the quantities of
narcotics associated with an offense level of 38 to more than 450 kilos of cocaine and
90 kilos of heroin. USSG 2D1.1(a)(5) and (c)(1). The current Guidelines define
150 kilos of cocaine and 30 kilos of heroin, the quantities defendant does not
dispute, as offense level 36. USSG 2D1.1(a)(5) and (c)(2). The PSR found that
the government has established by a preponderance of the evidence that
defendants offense of conviction involved at least 450 kilos of cocaine, and
accordingly states that the applicable base offense level should be 38 pursuant to
USSG 2D1.1(a)(5) and (c)(1). PSR at paragraphs 35-38.
The government, in its discretion, has decided not to offer independent
evidence of the amount of narcotics for which defendant is accountable during these
sentencing proceedings.
Because the government is not offering independent

5
evidence, the government submits that the total amount of narcotics that have been
proven by a preponderance of the evidence is the 150 kilos of cocaine and 30 kilos of
heroin that defendant did not dispute at the time of his plea. Accordingly, the
government respectfully requests that this Court deviate from the recommendation
in the PSR and apply a base offense level of 36 pursuant to USSG 2D1.1(a)(5)
and (c)(2).
Two-Level Enhancement for the Possession of a Firearm
The PSR found that a two-level enhancement pursuant to USSG
2D1.1(b)(1) because it was reasonably foreseeable to defendant that other members
of the conspiracy possessed a firearm in association with the jointly undertaken
criminal activity.
PSR at paragraphs 39-42.
The PSR further noted that the
government has not submitted evidence that defendant AREVALO RENTERIA

himself possessed a firearm in connection with the offense. Id. The government
agrees with the findings of the PSR in that it believes that it was foreseeable that a
conspiracy that involved the highest levels of the Sinaloa Cartel, one of the largest
and most violent criminal enterprises in the world, would involve the possession of
weapons by AREVALO RENTERIAs co-conspirators.
In addition, multiple
members of the same conspiracy have pled guilty to the possession of weapons,
including Cesar Perez, who acted as a courier and stash house operator for the
Flores brothers. Perez admitted to acquiring multiple firearms at the direction of
the Flores brothers. See United States v. Cesar Perez, et al, 09 CR 669 (J. Zagel),
6
document number 143 at page 4. In addition, co-defendant Vicente Zambada Niebla

further admitted to the possession of firearms by members of the conspiracy in his
plea agreement. R. 217 at page 7.
The government submitted this same evidence to this Court in support of the
application of USSG 2D1.1(b)(1) at the time of co-defendant Alfredo Vasquez
Hernandezs sentencing. This Court disagreed with the finding of the PSR and the
governments recommendation and declined to apply a two-level enhancement for
the possession of a firearm. 3 In its discretion, the government has decided not to
present independent evidence beyond what was presented with respect to the
sentencing of co-defendant Vasquez Hernandez. Accordingly, in light of this Courts
prior ruling on the same facts, the government respectfully requests that this Court
deviate from the recommendation in the PSR and decline to apply a two-level
enhancement for the possession of a firearm pursuant to USSG 2D1.1(b)(1).
With respect to co-defendant Vasquez Hernandez, the PSR found and the government
recommended another two-level enhancement pursuant to USSG 2D1.1(b)(3) for the use
of an aircraft other than a regularly scheduled air carrier to import a controlled substance.
Based on the record, this Court also declined to apply this enhancement. Because the
government, in its discretion is not offering any additional evidence in support of the
airplane enhancement beyond what was submitted to the Court in relation to co-defendant
Vasquez Hernandez, the government is not asking that to apply the two-level enhancement
pursuant to USSG 2D1.1(b)(3) to defendant AREVALO RENTERIA; nor does the PSR
recommend the application of the enhancement with respect to AREVALO RENTERIA.
3
Three-Level Enhancement for Defendants Role as a Manager/Supervisor

The PSR recommends a three-level enhancement for defendants role as a
manager or supervisor in the offense pursuant to USSG 3B1.1(b).
paragraph 44-48.
PSR at
Specifically, the PSR found that defendant is one of 11
defendants named in the third superseding indictment. . .the instant conspiracy

took place over a period of more than three years, in numerous countries, and
involved tons of narcotics and generated over $1 billion in proceeds. . .[that the
conspiracy involved] five or more participants or [was] otherwise extensive. . .Tomas
Arevalo-Renteria was a high-level narcotics broker on behalf of the Joaquin
Guzman-Loera and Ismael Zambada-Garcia factions, and ultimately the Sinaloa
Cartel. Id. Based on these findings, the PSR recommended that the defendants
role in coordinating and facilitating deliveries of kilogram quantities of heroin and
cocaine, as well as cash proceeds generated by the sale of those drugs, suggest his
role was that of a supervisor or manager, rather than a leader or organizer. Id.
The government respectfully disagrees with the recommendation of the PSR
and submits that defendant was a leader or organizer in the conspiracy such that a
four-level enhancement pursuant to USSG 3B1.1(a) is appropriate. 4
As a
threshold matter, defendant agreed in his plea declaration that a four-level

enhancement is appropriate pursuant to 3B1.1. 5 Beyond defendants admissions in
pleading guilty, the evidence before this Court firmly establishes defendants role as
a leader or organizer.
The 15-kilo and 12-kilo heroin transactions alone make
defendants role clear. As evidenced by the recorded conversations submitted as

Exhibits 1, 2, and 3, defendant was firmly in control of organizing two large heroin
transactions in Chicago from hundreds of miles away in Mexico.
It is without
dispute that the conspiracy involved more than 5 participants and was otherwise
extensive as a criminal enterprise that generated in excess of $1 billion.
The
recorded conversations and supporting evidence further makes clear that defendant
directly controlled no fewer than two subordinates in Aran Carrillo and FNU LNU
The PSR implicitly contrasts defendant AREVALO RENTERIAs leadership role with that
of co-defendants Joaquin Guzman Loera (Chapo) and Ismael Zambada Garcia (Mayo) in
finding that AREVALO RENTERIA was their subordinate as a broker of narcotics that
were ultimately attributable to Chapo and Mayo. PSR at paragraphs 44-48. While the
government agrees with the conclusion that AREVALO RENTERIA is subordinate to
Chapo and Mayo as the ultimate leaders of the Sinaloa Cartel, this fact does not foreclose
the possibility that AREVALO RENTERIAs conduct also warrants the application of a
four-level enhancement. Comparing defendant only to Chapo and Mayo is inappropriate as
it ignores the enormous scope and complexity of the criminal enterprise with its hundreds
or thousands of members who are answerable to multiple levels of leaders who in turn are
ultimately responsible to Chapo and Mayo. The fact remains that AREVALO RENTERIA
himself organized and exercised control of his own workers such that a four-level leadership
role is warranted.
4
While defendant agreed that a four-level enhancement pursuant to USSG 3B1.1(a) is

appropriate, at the time of his plea, defendant reserved the right to present factual and
legal arguments that that either a 3-level or 2-level enhancement is appropriate under
3B.l.l(b) or (c).
5
(a/k/a Turuco). By both exercising control of his subordinates and organizing his
subordinates actions to deliver heroin over vast distances and an international
border, defendant firmly demonstrated his leadership and organizational roles in
the conspiracy.
For these reasons, a four-level enhancement is appropriate
pursuant to USSG 3B1.1(a).

Final Guidelines Calculation
Based on the above, the government submits that this Court should find a
total offense level of 37, premised on a base offense level of 36 pursuant to USSG
2D1.1(a)(5) and (c)(2), plus a four-level role enhancement pursuant to USSG
3B1.1(a), minus three-levels for timely acceptance of responsibility pursuant to
USSG 3E1.1(a) and (b).
When combined with defendants criminal history
category of III as found in the PSR at paragraphs at 57-61, defendants offense level
of 37 yields an advisory sentencing Guidelines range of 262-327 months
imprisonment. The government withdraws its prior notice pursuant to 18 U.S.C.
851, and expressly submits that defendant not be subject to a mandatory minimum
of 240 months imprisonment. Rather, defendant is only subject to a mandatory
minimum sentence of 120 months imprisonment pursuant to 18 U.S.C. 841(b).
IV.
Analysis of the Sentencing Factors Set Forth in 18 U.S.C. 3553(a)

In this case, a sentence of 25 years imprisonment, within the properly
calculated advisory Guidelines range, is sufficient, but not greater than necessary to
comply with the sentencing purposes set forth in 3553(a). Most significantly, a
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sentence within the advisory range is necessary to reflect the seriousness of the
offense. This case is about drug trafficking at the highest levels at which it exists in
the world. Defendant conspired directly with the leaders of the Sinaloa Cartel to
traffic enormous quantities of cocaine and heroin that were ultimately distributed
in the United States. The direct and indirect damage that those drugs have caused
to communities in Chicago and elsewhere is immeasurable.
Only through a
substantial sentence, which is exactly what the Guidelines prescribe, can the
severity of this offense be properly addressed.
This Court has already addressed the seriousness of the offense in sentencing
co-defendant Alfredo Vasquez Hernandez.
Similar to the manner in which
AREVALO RENTERIAs actions to cause 27 kilograms of heroin to be transported

from Mexico to be distributed in Chicago demonstrate his role in the conspiracy,
Vasquez Hernandezs role in the conspiracy was illustrated through his actions in
causing approximately 276 kilos of cocaine to be distributed in Chicago from Mexico.
In sentencing Vasquez Hernandez to 22 years imprisonment, this Court stated:
[W]e know. . .one thing for sure, and that is that you involved
yourself in a shipment in a major way, in a shipment of drugs
that was headed to Chicago, 276 kilograms of cocaine. That is a
major shipment, and that was your mistake, and I cannot sit
here, as a judge whos been on the bench for 20 years and whos
been involved in the drug war for a good portion of my life, and
think for one second, nor do I think any other Chicagoan could
think for one second that this was the first time that you just
happened to do this, that you just kind of got up out of bed and
said, well, let me do a 276-kilogram transaction to Chicago today.
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But it is what it is, and I am left to sentence you. Ive tried to be

as fair as I can. Im not going to let the influence in any type of
negative way of the entire specter of [Joaquin Guzman Loera]
enter into your sentencing. I think that that would be unfair.
There is no evidence that you have been directly involved in the
violence that comes with this unfortunate drug trafficking that
has plagued the country of Mexico as well as this country. Theres
no evidence that you ever held a weapon or ordered somebody
else to hold a weapon or do anything with a weapon, so Im not
going to hold that against you.
But what I do hold against you in no uncertain terms is this
shipment, this one-time shipment of 276 kilograms of cocaine to
the City of Chicago, because I tell you and I tell you this on behalf
of all Chicagoans, on behalf of all the citizens of this country, we
are tired, tired of drug trafficking, and it continues to hurt this
city and this country.
And so ultimately I think a strong message needs to go out is if
you make the decisionand I understand that this decision is not
easy for your family, for your children; they have my respect, but
it is too late because once you make a decision to get involved in
these type of transactions, youre basically making that decision
for them. You are basically making a decision that says in no
uncertain terms imprison me.
And so the message that I would like to send back to the country
of Mexico is this: If you involve yourself in a drug transaction like
12
this, then the sentence, the only appropriate sentence for you, is
going to be 25 years. Thats what I think. 6
(Transcript attached at Exhibit 4).
Just as with Vasquez Hernandez, AREVALO RENTERIAs conduct in
causing two large heroin shipments to be distributed in Chicago speaks volumes
about his role in a criminal conspiracy which has caused catastrophic damage in
communities throughout the United States and Mexico, including in Chicago.
Defendant could not have been in a position to so easily effectuate these
transactions without years of experience and proficiency in moving drugs from
Mexico to the United States for distribution.
As this Court made so clear, a
sentence of 25 years imprisonment is appropriate, but not greater than necessary,

to reflect the seriousness of this offense and defendants actions in persisting in a
criminal enterprise for long period of time. Relatedly, a substantial sentence is also
The Court continued, But Im not going to sentence you to 25 years because I am going to
give you credit for the time that you spent in that Mexican jail and the conditions, but I
think in considering all of the 3553 factors, including the seriousness of this offense, the
only appropriate sentence for you and the sentence that I arrive at after carefully
considering all the 3553 factors and the sentence that I would sentence you to regardless of
any determinations I made here today about the advisory sentencing guidelines, their
applications or what year the advisory sentencing guidelines were using, that is the 2008
manual versus the 2014 manual, I think the only sufficient sentence for someone like you is
264 months in the custody of the Attorney General. That is giving you credit for the time
you spent in Mexico but nevertheless sentencing you to a U.S. prison for 22 years to be
followed by five years of supervised release. In this instance, neither AREVALO
RENTERIA nor the PSR have raised the conditions of defendants confinement in Mexico as
a basis to consider a lesser sentence. Should defendant raise such an argument in his
sentencing memorandum or at the time of sentencing, the government will respectfully
take no position as to any impact of defendants incarceration in Mexico on the appropriate
sentence here.
6
13
required to promote both specific and general deterrence and to protect the public.
As detailed in the PSR, defendant has multiple prior convictions for narcotics
trafficking offenses.
Rather than these convictions deterring defendant from
engaging in additional criminal conduct, defendant simply graduated to ever higher

levels of drug trafficking, culminating in his participation in a conspiracy involving
the highest echelons of the Sinaloa Cartel. An extensive sentence is warranted to
promote deterrence not only to this defendant, but to anyone else who would be
tempted to try to similarly climb the ladder of international drug trafficking in
pursuit of a portion of the illicit profits associated with this trade. At bottom, the
criminal conduct is here is at the outermost extreme contemplated by the law.
Defendant was a full functioning member of one of the most dangerous criminal
organizations in existence. A sentence of 25 years imprisonment is necessary in
order to promote respect for the law and provide just punishment for defendants
considerable criminal actions.
14
CONCLUSION
WHEREFORE, for the reasons stated herein, the government respectfully
submits that the Court sentence defendant within the properly calculated
Guidelines range to a total term of 25 years imprisonment.
Respectfully submitted,
ZACHARY T. FARDON
United States Attorney
By:
s/Michael Ferrara
MICHAEL FERRARA
ERIKA CSICSILA
GEORGIA ALEXAKIS
KATHRYN MALIZIA
SEAN FRANZBLAU
Assistant United States Attorneys
219 South Dearborn Street
Chicago, Illinois 60604
(312) 886-7649
Dated: November 11, 2015
15
CERTIFICATE OF SERVICE
The undersigned Assistant United States Attorney hereby certifies that the
following document:
GOVERNMENTS SENTENCING MEMORANDUM
was served November 11, 2015, in accordance with Fed. R. Crim. P. 49, Fed. R. Civ.
P. 5, LR5.5, and the General Order on Electronic Case filing pursuant to the
District Court's Electronic Case Filing (ECF) system as to ECF filers.
Respectfully submitted,
ZACHARY T. FARDON
United States Attorney
By:
s/Michael Ferrara
MICHAEL FERRARA
Assistant United States Attorney
United States Attorneys Office
(312) 886-7649
Case: 1:09-cr-00383 Document #: 434-1 Filed: 11/11/15 Page 1 of 3 PageID #:2637
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CALL No:
DW_B0001
DATE:
10/21/08
TIME:
14:16:44
PARTICIPANTS:
Pedro Flores= PF
Tomas Arevalo Renteria = TAR
[OPERATOR SPEAKS]
[BEEP]
[TELEPHONE RINGS]
[BEGINNING OF CONVERSATION]
TAR:
Hello.
PF:
Whats up dude?
TAR:
What? Whats up?
PF:
What are you doing, dude?
TAR:
Nothing. Just here watching T.V.
PF:
Hey, dude, Im sorry, dude, its that I got up really late, dude...
[VOICES OVERLAP]
TAR:
[U/I]
PF:
...and the guy was going to come with the check today... right?
TAR:
Yes.
PF:
And so he was calling me, and I thought that... he sent me a message telling me
that he was heading here, but then he told me that he didnt come because I didnt
answer him, dude.
TAR:
Alright.
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PF:
So lets just leave it for tomorrow for sure, dude.
TAR:
Okay. Tomorrow [U/I]...?
PF:
Yes, hey dude...

[VOICES OVERLAP]
TAR:
Yeah.
PF:
[STUTTERS] Since Im sending this guy to deliver it... hes going to go like... he
didnt finish all of mine. Hes just going to go with about... about... about fifty
(50) extra, dude, or sixty (60). Im not sure how much its going to be. Eh...
TAR:
Uh-huh.
PF:
[STUTTERS] So then later on youll... Ill get it from you, dude.
TAR:
[STATIC] [U/I]... the check?
PF:
Uh, hes going to take about fifty (50) or sixty (60) pesos more, dude.
TAR:
Okay.
PF:
So you can give them to me later.
TAR:
Okay, okay, not a problem. More or less, around what time will he get here? In
the evening, right?
PF:
No, I dont know if... [stutters] since I... he always leaves at around lunch time,
more or less, and he gets in at about... to get traffic at around four (4:00) or five
oclock (5:00), dude.
TAR:
Oh, okay. So thats fine then.
PF:
Okay, I just wanted to let you know. Hey, dude, and...
TAR:
Yeah.
PF:
[STUTTERS] Do you know if youll have more, dude?
TAR:
Yeah, well yeah... well thats why I wanted to talk to you about that tomorrow.
Ill talk to you about that tomorrow.
PF:
Okay, dude. Okay, no since...
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[VOICES OVERLAP]
TAR:
Because... because I want you to [U/I] with another one.
PF:
Okay, dude. Okay, dude. Im working here. Ill call you later on.
TAR:
Alright then. [U/I]...
[END OF CONVERSATION]
CALL No:
DW_B0002
DATE:
10/22/2008
TIME:
14:16:43
PARTICIPANTS:
Pedro Flores= PF
Tomas Arevalo Renteria = TAR
TAR:
Hello.
PF:
Hello.
TAR:
Whats up, dude?
PF:
Whats up, dude?
TAR:
Nothing, everything is the same.
PF:
Okay, he left, dude. Hes going to get a call around three [3:00], okay?
TAR:
Like at three [3:00]?
PF:
At three [3:00], between three [3:00] and five [5:00]. Lets say like at four [4:00],
dude.
TAR:
Okay, I told Rene that theyre going to leave between three [3:00] and five [5:00].
PF:
Yes, hes going to get the call. Yeah, dude left already; one hundred [100]
percent. Hey, dude!, and... and dont forget that the check is going to be a little bit
more, aight, dude?, so you can save some for me. So you can give it to me if you
can later or tomorrow.
TAR:
Okay. The check [U/I]?
PF:
I didnt hear you.
TAR:
Okay, then. Ill look around for you tonight.
PF:
Okay. Tonight.
TAR:
All right.
[END OF CALL]
CALL No:
WS_300019
DATE:
11/14/2008
TIME:
2:24 p.m.
PARTICIPANTS:
Pedro Flores = PF
Tomas Arevalo = TAR
[TELEPHONE RINGS]
[BEGINNING OF CONVERSATION]
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TAR:
Hey.
PF:
Whats up?
TAR:
Whats going on?
PF:
What have you been up to?
TAR:
Nothing. Just here.
PF:
Hey, dude.
TAR:
What?
PF:
So you can give me the number.

[VOICES OVERLAP]
TAR:
Should I pass you the number?
PF:
Give it to me, yeah?
TAR:
Lets see, because I have it on a message. [Pause]. Lets see its... Its [U/I]... its
seven, seven, three (773)...
PF:
Yeah.
TAR:
Six, nine, eight, nine, nine (698-99) ...
[I1-07-0143]
[WS_300019 (SR)]
PF:
Hmm.
TAR:
One, eight (18).
PF:
Hmm, okay.
TAR:
Tuluco, Tuluco.
PF:
Tuluco?
TAR:
No, no, Tuluco.
PF:
What?
TAR:
Tulu...tru...co
PF:
Tu...ru...co.
TAR:
Yes.
PF:
Okay. Hey, dude, so how many are there?
TAR:
Theres twelve (12)
PF:
At the same price, right, dude?
TAR:
Yes.
PF:
Hopefully, theyre good, dude.
TAR:
No, theyre good, dude.
PF:
Hey, dude. Hey, you never told me...

[VOICES OVERLAP]
TAR:
Yeah.
PF:
...What happened with that guy. You never gave me the...the...to find out what
happened to the guy that they took the check away from...
TAR:
No, well, uh...he has the tickets there, you know. I no longer spoke with him, but
he has the tickets.
PF:
He hasnt gone to court for the tickets?
[I1-07-0143]
[WS_300019 (SR)]
TAR:
No.
PF:
And...and...and...
[VOICES OVERLAP]
TAR:
Well, finally...about Pelon, I dont know what happened to him... because I didnt
TARlk to him, you know. I was only TARlking to him a few days and I havent
TARlked to him again.
PF:
And who TARlks to him?
TAR:
The... another...another friend from over there, from the ranch.
PF:
And they havent said anything to him? They havent bothered him or anything?
TAR:
No.
PF:
Who knows, dude. Okay, listen, [U/I] on behalf of who, dude?
TAR:
On behalf of...of...of...of...on my behalf, tell him, on my behalf.
PF:
Oh....Oh okay call me from this one, okay?

[END OF CALL]
PF:
[I1-07-0143]
Two, twenty-four p.m. [2:24 p.m.] November the fourteenth. That call was just
with Tomas about the pick up of another twelve [12] keys of heroin.
[WS_300019 (SR)]

Case: 14-3622
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Pages: 69
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
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UNITED STATES OF AMERICA,

Plaintiff,
-vs-
7 ALFREDO VASQUEZ-HERNANDEZ,
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Defendant.
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Case No. 09 CR 383-5

Chicago, Illinois
November 24, 2014
1:07 p.m.
TRANSCRIPT OF PROCEEDINGS
BEFORE THE HONORABLE CHIEF JUDGE RUBEN CASTILLO
11
APPEARANCES:
12
For the Government:
HON. ZACHARY T. FARDON

UNITED STATES ATTORNEY
BY: MR. MICHAEL J. FERRARA
219 S. Dearborn Street
Chicago, IL 60604
(312) 353-5300
E-mail: Michael.ferrera2@usdoj.gov
For the Defendant:
MR. ARTURO M. HERNANDEZ

Law Office of Arturo Hernandez
15 South 34th Street
San Jose, CA 95116
(408) 729-5785
E-mail: Artlawoff@aol.com
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Court Reporter:
KATHLEEN M. FENNELL, CSR, RPR, RMR, FCRR
Official Court Reporter
United States District Court
219 South Dearborn Street, Suite 2524-A
Telephone: (312) 435-5569
Kathleen_Fennell@ilnd.uscourts.gov
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APPEARANCES: (Continued)
For the Defendant:
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MR. PAUL M. BRAYMAN

MS. LISA WOOD
Law Offices of Paul M. Brayman
Suite 712
Chicago, IL 60605
(312) 427-9766
E-mail: Paulmbrayman@gmail.com
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(Proceedings heard in open court:)
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MR. FERRARA: Good afternoon, Your Honor.
THE COURT: Good afternoon.
MR. FERRARA: Michael Ferrara on behalf of the United
8
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01:07:43
10
MR. BRAYMAN: And Paul Brayman, Lisa Wood and Arturo

Hernandez on behalf of Mr. Vazquez, Your Honor. Good
afternoon.
THE COURT: Good afternoon.
12
Okay. Are both sides ready to proceed to sentencing?
13
THE CLERK: Can I swear the interpreter?
14
MR. FERRARA: Yes.
15
THE COURT: Let's swear in our interpreter.
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01:08:12
States.
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01:07:57
Vasquez-Hernandez.
01:07:31
THE CLERK: 09 CR 383, United States versus Alfredo
(Interpreter sworn.)
THE INTERPRETER: For the record, Your Honor, Jose
Pina, P-I-N-A, staff interpreter.
19
THE COURT: Thank you for being here, Mr. Pina.
20
Let's see where we start. First of all, Mr. Brayman
21
and Ms. Wood, have you had a full opportunity to review the
22
Presentence Investigation Report with Mr. Vasquez-Hernandez?
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MR. BRAYMAN: We have, Your Honor.
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THE COURT: And I know that there are a number of
25
disputes, but are there any factual changes you want me to
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01:08:29
changing?
MR. FERRARA: No, Your Honor.
THE COURT: Then with thanks to Mr. Grooms, I'll
10
accept all the facts contained in the report.

Then let's get to legal issues, which there are a
number, starting with drug quantity.
I know that -- I think in a nutshell the defendant's
13
position is that he's only responsible for 276 kilos of
14
cocaine, right?
15
MR. BRAYMAN: That's correct.
16
THE COURT: And the government alludes to tape
17
recorded conversations where more than that is discussed, so
18
how do we resolve that dispute? I have tried to listen to the
19
tape. I've seen the transcripts, but I'd like to be educated
20
on that, Mr. Ferrara.
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01:09:38
THE COURT: Okay. Are there any facts, Mr. Ferrara,
12
01:09:21
some disputes as to the guideline calculations.

on behalf of the government that you want me to consider
11
01:09:00
MR. BRAYMAN: I don't think so other than we do have
9
01:08:39
consider making to Mr. Groom's report?
MR. FERRARA: Yes, Your Honor. The government's
22
position is that the amount of cocaine in particular for which
23
the defendant is responsible is far, far in excess of the
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Level 38 amount, which is 450 kilos.
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The 276-kilo load from November of 2008 is the only
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thing for which the defendant took direct responsibility in
his plea declaration. However, as is summarized in Pedro and
Margarito Flores's testimony, which has been presented to this
Court as part of the sentencing memorandum, the government is
not submitting a specific number other than that it is in the
high tons. So each of those, those plane loads, was a
multi-ton load plus the train, and the Flores brothers
testified that this was not the first time that the train had
been used.
10
So all of that adds up to a multi-ton weight
11
attributable to this defendant, Your Honor, and that
12
completely ignores what's reasonably foreseeable to this
13
defendant, which is another vast quantity of drugs of not just
14
cocaine but also heroin, marijuana and the other drugs that
15
were involved in this conspiracy, that the defendant was
16
certainly in a position high enough in the cartel that those
17
other amounts of drugs were perfectly foreseeable to him.
18
01:11:05
And so, again, the government's position is that it's
19
entirely appropriate for the Court to consider all of that in
20
finding a Level 38 amount for this particular defendant.
21
01:11:23
THE COURT: Now, when you referred to the testimony
22
of the two Flores brothers, you're not offering to bring them
23
here to this sentencing proceeding and have them testify, are
24
you?
25
MR. FERRARA: That is correct, Your Honor. The
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government, in its discretion, has decided not to do that, so
that obviously leaves open the argument which the defense has
made, that it wasn't subject to cross-examination.
4
01:11:43
sentencing proceeding and the corroboration that's inherent
within the Flores brothers' testimony, which the government
intends to address later and can address now --
01:12:00
01:12:23
01:12:52
THE COURT: Okay. So then what the Court is left
with are the grand jury -- when you refer to testimony, the
10
grand jury testimony of the two Flores brothers, which were
11
basically prepared statements by the government which were
12
read to the grand jury.
13
In view of the defense making an all-out credibility
14
attack on the Flores brothers, how can I resolve the issue of
15
credibility if I'm not going to be able to evaluate the Flores
16
brothers' testimony? One of the ways to evaluate testimony is
17
corroboration, and so I turn to what you've attached as
18
Exhibit 3 to the government's response, which is the
19
transcript of a conversation that was recorded with the
20
defendant and one of the Flores brothers.
21
01:13:12
However, with the relaxed evidentiary rules of a
Is there a cite in that transcript where you're
22
basically citing or relying upon for me to make a
23
determination of additional drug quantity?
24
MR. FERRARA: Yes, Your Honor. In that transcript,
25
the -- it's the government's position that the defendant, as
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the speaker in the conversation at that time, discussed the
three prior airplane loads that were made --
THE COURT: Okay.
MR. FERRARA: -- made by a cargo aircraft going from
5
6
THE COURT: Okay. So where -- going to that
transcript, where do you see that? What pages are we talking
about?
9
01:13:45
01:14:34
It's on pages 16 through 18, Your Honor.
11
THE COURT: Okay.
12
MR. FERRARA: And the page numbers that are on the

transcript itself as opposed to the --
14
THE COURT: To the blacked-out portions?
15
MR. FERRARA: The page number that appears on the
16
bottom of the screen, Your Honor, as if a new page number was
17
superimposed by the ECF system, the PACER system. So the
18
actual discussion occurs at pages 16 through 18.
19
THE COURT: Through 18.
20
MR. FERRARA: Correct, Your Honor.
21
THE COURT: Where there's a discussion about 747s
22
01:14:53
MR. FERRARA: Your Honor, let me grab my memo.
10
13
01:14:14
Bogot, Colombia to Mexico to transport --
being generally used, right?
23
MR. FERRARA: Correct, Your Honor, and the defense is
24
correct that the transcript has quite a few inaudible portions
25
within it. Nonetheless, in that, if -- you have to combine
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the two. It has to be that the Flores brothers'
interpretation or their statement regarding that conversation
to which they were both witnesses in addition to the
corroboration of the recording, and as is in the excerpted
transcript, there are references to 1,700, 7,000 and a
discrepancy in the last one from the defendant as the speaker
of between 11,000 and 13,000 kilos of cocaine that were
transported using that system.
9
01:15:30
THE COURT: So specifically, you're referring to
10
where the defendant says on Page 18 "No, I did there 1,700.
11
On the second one we put in 7,000, the second trip. On the
12
third one we put in 11,000 or 13,000 unintelligible Bogot and
13
that's when" -- that's basically it.
14
01:15:58
MR. FERRARA: That's correct, Your Honor, from the
15
transcript. And, again, the Flores brothers filled in -- in
16
those blanks in their sworn statements.
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18
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01:16:13
01:16:41
THE COURT: Okay. Mr. Brayman, what's your reaction

to that?
MR. BRAYMAN: Well, Judge, my reaction is you can't
20
believe a word the Flores brothers say. There is a report
21
that we've attached to our submission. This conversation, as
22
you know, takes place in November of 2008. Margarito Flores
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has a debriefing session in March of the next year, and I've
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attached that -- we've attached that report to our
25
submissions. And in this report -- now, Margarito is the one
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that has the recording in his pocket. He is referred to in
the report as CS No. 2. And in that report, they started out
on the second page when they talk about the contents of the
report, they say, "As the conversation began, Alfredo was
asking CS 2 what the status of a 200-kilogram shipment of
cocaine in which Alfredo added 76 kilograms of his own
kilograms of cocaine on to the load that was set to be shipped
to Chicago."
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01:17:25
01:17:38
01:17:53
01:18:14
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Now, this is Margarito interpreting what's on the

tape for the agents --
11
THE COURT: Right.
12
MR. BRAYMAN: -- and the government. Then he says,
13
"As the conversation went on, Miguel and CS 2," which is
14
Margarito, "spoke about the arrangements of two -- that the
15
two of them had made to transport multiple kilograms of
16
cocaine via train cars from Los Angeles to Chicago. Miguel
17
was concerned because the net profit that the two of them were
18
making for the cocaine was not worth the time and effort to
19
set up the shipments.
20
"CS 2 then spoke about the 747 cargo plane that was
21
controlled by Joaquin Guzman Loera which would fly from Mexico
22
City to Colombia. The cover load would be used clothes to
23
hide 16,000 kilograms of cocaine as it was flown back to
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Mexico City."
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So Margarito when he's being debriefed doesn't talk
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01:18:43
about Alfredo talking about the 747, he talks about Miguel,
and you have -- so, I'm sorry, I misspoke. It's Margarito
that's talking about the 747, but it's a conversation with
Miguel, and you have to realize that there's several people
that have different conversations during this meeting.
01:19:01
01:19:21
know, when he's asked to explain the contents of that
conversation back in November, not one word of Alfredo talking
about 747s or submarines or anything else.
10
entered the room and asked Margarito if he was ready to go
12
with the Canadian thing, the shipyard is ready. Then the
13
report says, "Nemo and Margarito then discussed the details
14
that were to be used to ship kilograms of cocaine for CS 1,
15
which is Pedro Flores, and CS 2, which is Margarito, in a
16
submarine towed by a ship out of Mexico into a pre-arranged
17
United States-Canadian port."

That is the explanation of Margarito as to the talk
19
about submarines. Not one word about Alfredo. This
20
conversation took place between him and Nemo.
21
01:20:04
The next paragraph, they talk about a Nemo who
11
18
01:19:40
So there's not one word of Alfredo talking. You
THE COURT: Well, I should have said when I came out
22
here, I have very, very carefully read the submissions made by
23
the parties, which are helpful to the Court or as helpful as
24
they can be. Unfortunately, the tape recording is not a clear
25
tape recording. The transcript is as it is, and in view of
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01:21:03
that, I will sustain the defendant's objection to the drug
quantity determination. I cannot find, in view of credibility
issues with the Flores brothers who have motive to shift
responsibility away from themselves, that I can rely in the
absence of clear corroboration with just their interpretation
of these tape recordings. I think that that would be unfair
to Mr. Alfredo Vasquez-Hernandez, and I will not do that. And
so I'm going to hold him responsible for his admitted
276 kilograms because that is very clear.
10
11
defense objection to the two-point enhancement for the use of
12
an airplane because an airplane was not used with regard to
13
the drug quantity that this defendant did.
14
01:21:26
01:21:52
I'm also going to sustain the defense objection to
15
the two-point enhancement for possession of a firearm because
16
the government has already stipulated that this defendant did
17
not have a firearm but that he's being held responsible for
18
other firearms either used to protect the Flores brothers or
19
by other members of the so-called larger conspiracy involving
20
Mr. Guzman.
21
01:22:15
Now, having done that, I will also sustain the
Given the quantity involved here, I will use the
22
three-point enhancement for defendant's role as a
23
manager/supervisor because it's clear that the Flores brothers
24
are involved with other subordinates in moving this particular
25
shipment, meaning the 200 kilograms and the 76 kilograms that
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are moved in this particular drug transaction. I do think
it's appropriate to use the three-point enhancement.
01:22:40
So at the end of the day, cutting through all of
that, where does that leave us in terms of the adjusted
advisory sentencing guidelines?
MR. BRAYMAN: Well --
THE COURT: Mr. Vasquez-Hernandez still gets
acceptance of responsibility --
9
01:22:55
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01:23:02
fashion.
MR. BRAYMAN: Judge, and just to point out, I'm not
quibbling with your ruling -THE COURT: Sure.
15
MR. BRAYMAN: -- except that the Flores brothers are

cooperating at this time.
17
THE COURT: No doubt about it.
18
MR. BRAYMAN: They can't be one of the five members
19
of the conspiracy, so all you have are the Flores brothers,
20
Mr. Vasquez and Individual A, so --
21
22
01:23:29
THE COURT: -- for pleading guilty in a timely
14
16
01:23:17
MR. BRAYMAN: So my bottom line --
THE COURT: And you think Individual A is going to

move 276 kilograms?
23
MR. BRAYMAN: Yes.
24
THE COURT: Well, I just don't think that's borne out
25
by the record in terms of what would be involved in a shipment
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01:23:47
like that, and that's where we're going to have a discussion
about that because I just mentioned acceptance of
responsibility. You're taking the position fundamentally, the
way I see this sentencing, is there's just a fundamental
passing of two ships in the night.
01:24:07
The government has taken the position that
Mr. Vasquez-Hernandez is a central member of the Guzman
Sinaloa drug organization, and you, on behalf of
Mr. Vasquez-Hernandez, have taken the position that this is a
10
one-time drug transaction of a mere 276 kilograms of cocaine,
11
which, when I even allude to "only" or "mere," that is
12
nonsensical.
13
01:24:34
01:24:49
01:25:09
And it's nonsensical to think that this is the
14
defendant's inaugural voyage into cocaine trafficking. So I
15
would hope that you're not going to make those kind of
16
arguments because that would call into question in my mind
17
whether or not this defendant deserves acceptance of
18
responsibility for taking that type of position before this
19
Court.
20
MR. BRAYMAN: Okay. I understand what you're saying.
21
THE COURT: And I also think, in the same category,
22
that it is nonsensical to think that two people could bring in
23
276 kilograms of cocaine from the country of Mexico all the
24
way to Chicago. So those to me are like nonstarters.
25
MR. BRAYMAN: Okay.
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that I asked: Where are we with regard to the advisory
sentencing guideline range?
4
01:25:20
5
7
MR. FERRARA: And that's with respect to the version
10
THE COURT: Right.

MR. FERRARA: There are -- the guidelines have
changed somewhat dramatically with respect to drug offenses
12
from the time of the offense to the present. Some of those
13
changes are favorable to the defendant. Some of them are not
14
favorable to the defendant.
15
THE COURT: Are not, yeah.
16
MR. FERRARA: So using the 2008 version of the
17
guidelines, the quantity that Your Honor just found of
18
276 kilos would be a Level 38 amount.
20
21
01:26:10
of the guidelines that are being used today.
11
19
01:25:54
government raised in a footnote in its response.

THE COURT: Okay.
01:25:41
MR. FERRARA: Your Honor, there's one point that the
6
8
01:25:29
THE COURT: And so let me go back to the question
Under the present day guidelines, it would be only -well, only -- a Level 36 amount. So that matters.
There's, as Your Honor is well aware as a member of
22
the Sentencing Commission, there's a note directly in the
23
manual that a sentencing court cannot apply a split
24
application of the guidelines.
25
THE COURT: Right.
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01:26:26
01:26:42
MR. FERRARA: Obviously, the Court has vast
discretion to deal with those changes pursuant to the 3553(a)
factors; but the government believes that the Court needs to
articulate which version of the guidelines are being used,
which would impact the answer to Your Honor's question.
THE COURT: Okay.
MR. FERRARA: I believe the parties discussed this
before court this morning, and I believe that the version that
we're submitting jointly would be the 2008 version. If that's
10
11
01:26:58
01:27:21
01:27:37
incorrect, defense can -MR. BRAYMAN: And I think we would want the 2014
12
guidelines to take effect, Judge. They're the ones that are
13
in effect right now --
14
THE COURT: Okay.
15
MR. BRAYMAN: -- at the time of sentencing.
16
THE COURT: I will use the 2014 version of the
17
guidelines. So we're at an Offense Level 36, which leave us
18
at an advisory guideline range of --
19
MR. BRAYMAN: It's Criminal History Category I.
20
THE COURT: Criminal History Category I.
21
MR. FERRARA: So, yes, with Your Honor's finding with
22
respect to the guidelines, it would be simply a Level 36. The
23
three-point role enhancement would be washed out by the
24
acceptance of responsibility.
25
THE COURT: Okay.
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01:27:49
01:28:06
01:28:31
01:28:47
01:29:07
MR. FERRARA: If Your Honor finds --
THE COURT: So by my view of the manual, that leaves
us at an advisory guideline range of 188 to 235; is that
correct?
MR. BRAYMAN: That's correct.
MR. FERRARA: Correct, Your Honor.
THE COURT: Okay. With that advisory guideline range
in mind, let's talk about 3553 factors. And I'll hear first
from the government, and then I'll hear from the defense.
10
And now what we're discussing is what is an
11
appropriate sentence for Mr. Vasquez-Hernandez, given all of
12
the 3553 factors, the seriousness of the offense, his own
13
background, his role in this offense and all of the other
14
factors that 3553 has me look at before I sentence
15
Mr. Vasquez-Hernandez.
16
Mr. Ferrara, you have the floor.
17
MR. FERRARA: Thank you, Your Honor.
18
As Your Honor just referenced, this cannot be a case
19
of the defendant engaging as a novice drug trafficker for a
20
276-kilo delivery. The defendant has admitted only to being
21
responsible for transporting these drugs, but that's very
22
important because of the corroboration that exists. And
23
recognizing the Court's finding with respect to the Flores
24
brothers' absence today and the ability to test their
25
credibility in the vacuum of that 276-kilo transaction, there
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is a great deal of corroboration. The most significant piece
of corroboration is the defendant's own admission.
So he's admitted to those drugs leaving Mexico and
showing up here in Chicago by his hand or under his control
but is silent as to how that occurred.
01:29:48
is Mr. Vasquez-Hernandez? Is he just somebody who repaired
autos in L.A., ended up in Mexico, and, all of a sudden,
involves himself in a 276-kilogram transaction because he's in
10
11
01:30:13
01:30:26
01:30:44
THE COURT: So that kind of begs the question of who
need of money? That's kind of the defendant's version.

And yet from what I can tell from the PSR, here's an
12
individual with absolutely no assets. It's like he's Mr. X.
13
You know, so I would like to know who is it that I'm
14
sentencing, or is he this key transportation person for the
15
Sinaloa cartel?
16
MR. FERRARA: Your Honor, the evidence, the
17
government's position is that the evidence certainly supports
18
the latter, that the defendant is, in fact, a key person,
19
logistical coordinator for the cartel.
20
Leaving completely aside any sensationalism with
21
Chapo Guzman as the defense has pointed out in their filings
22
that his name obviously brings a lot of attention, to just
23
looking at, again, this in a vacuum, those 276 kilos, which is
24
a lot of drugs, both in terms of the amount and just even the
25
physical volume. That's a lot of drugs. The defendant was
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1
2
01:31:05
occurred involves this elaborate use of a train system that
involves front companies, multiple co-conspirators being
involved to act as cover loads for the drugs to leave Mexico
and be unloaded by defendant's employees or defendant's
workers at warehouses here in Chicago.

trafficker. That's not something that can occur by somebody
10
who doesn't know what they're doing, to put together such an
11
elaborate and complex operation.
01:32:16
So the direct answer to Your Honor's question is,
13
again, that the defendant is a logistical coordinator for the
14
cartel. Just viewing it, again, you can limit it to just the
15
276-kilo transport here, and there's enough to
16
circumstantially extrapolate out from this that it is
17
completely illogical that that could occur absent significant
18
experience by defendant in doing this in the past.
19
01:31:59
That's not something that can occur by a novice
12
01:31:39
The Flores brothers' sworn statements as to how that
01:31:23
able to successfully transport those from Mexico to Chicago.
So with respect to the 3553(a) factors, Your Honor
20
can and should take that into account as part of the
21
defendant's history and characteristics. Where the defense
22
has painted the defendant as a loving, family man and
23
legitimate business person, that's again not at all borne out
24
by the fact that the defendant was able to successfully move
25
this load.
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01:32:31
pointed out that he has children who he loves and misses
dearly, and the government doesn't challenge that in the
slightest; but, unfortunately, that's a reality that faces
most defendants that are sentenced in federal cases and in any
type of case. So from the government's point of view, that's
not legitimate mitigation under 3553(a).
8
9
01:32:52
01:33:33
01:33:56
In addition, with respect to his family, as is laid

out in the Flores brothers' sworn statements, defendant's wife
10
was directly involved in this conspiracy, acting as a money
11
launderer who specialized in the movement of laundered funds
12
through the use of airplanes.
13
01:33:11
With respect to the defendant's family, defendant has
All of those history and characteristics of the
14
defendant aside, Your Honor, the overwhelming, most important
15
factor here is the seriousness of this offense. Again,
16
leaving aside whatever sensationalism, just in this vacuum,
17
the defendant moved a heck of a lot of drugs in this one
18
transaction. That alone is sufficient to warrant a sentence
19
within the properly calculated advisory guideline range,
20
whatever that range might be. As Your Honor has found it to
21
be 188 to 235 months, with that as the range, the government
22
would certainly recommend a sentence within that range to take
23
account for, again, the complexity of this operation, the fact
24
that even 265 kilos of cocaine is more than enough to do
25
immeasurable damage to communities here in Chicago and
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20
1
2
01:34:15
01:34:50
logistical coordinator for the cartel, that he has that
experience, experience that screams out for a guideline
sentence, the government asks Your Honor to impose a sentence
within the guideline range.
THE COURT: Okay. Mr. Brayman.
MR. BRAYMAN: Judge, you asked a question who is
01:35:32
Alfredo Vasquez, and that's a fair question. I understand
10
what Mr. Ferrara's position is, but when you look at some of
11
the facts in this case as to no indicia of wealth, you know,
12
he has a car that's ten years old. He has a house, but
13
there's no -- no other houses, no other wealth. There's no
14
indication that he was ever involved with Chapo in these
15
meetings or that he was a higher up in the cartel. Chapo has
16
been indicted in San Diego, New York, I think Arizona and DC.
17
Not a peep about Alfredo.
18
01:35:09
So for those reasons, because the defendant is a
9
01:34:29
wherever else drugs in that volume are distributed.
THE COURT: But how does he involve himself in this
19
type of drug transaction? This isn't just something that's
20
subject to anybody coming along and saying, yeah, I'll do a
21
276-kilo transaction. How does somebody do that?
22
And when you say no evidence of wealth, that means no
23
visible, documented evidence. That doesn't mean that somebody
24
doesn't have something somewhere. It just means they couldn't
25
find anything.
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1
2
01:35:39
THE COURT: Yeah.
MR. BRAYMAN: -- you know, they found millions of
THE COURT: Right.
MR. BRAYMAN: -- and there's still probably millions

THE COURT: Probably, and the twins have admitted to
even doing things like burying money in a yard on the South
11
Side of the City of Chicago.

MR. BRAYMAN: And bear in mind, too, that while this
13
transaction was going on, they were obligated because they
14
were cooperating at the time to tell the government about any
15
transactions, any deals. They didn't tell the government
16
about this.
17
You know, the cocaine ended up in Chicago, got
18
distributed, the twins made millions of dollars, and then
19
finally, the government found out that this deal had happened,
20
and that's when that came to light.
21
THE COURT: Okay.
22
MR. BRAYMAN: So I certainly understand Your Honor's
23
01:36:23
of dollars hidden someplace.
10
12
01:36:14
dollars --
01:35:59
the twins --
01:35:46
MR. BRAYMAN: Well, you're right. For instance, with
skepticism about people are capable of hiding money or --
24
THE COURT: Right.
25
MR. BRAYMAN: -- but you've got -- you haven't got
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01:36:41
01:36:56
any evidence of Alfredo being at any meetings with Chapo or
Mayo. He's not been indicted in any of these other cases.
There's no indication in the discovery we've seen that he was
involved with Chapo in the organization as far as these other
indictments go or this case. There's not one bit of evidence
that he was ever at any meetings or had this kind of
relationship with Chapo.
THE COURT: So, again, he just steps forward --
MR. BRAYMAN: And, Judge --
10
THE COURT: -- just a guy off the streets in
11
Guadalajara and involves himself in a 276-kilogram shipment to
12
Chicago. That just, you know, it is --
13
01:37:13
01:37:27
14
involved in drug trafficking and piggybacked on that
15
relationship, but -- but in that transcript, that November
16
transcript, he talks about not knowing the price of a kilogram
17
in Chicago and asks the twins what the price is, and he says I
18
don't have any customers.
19
THE COURT: Right.
20
MR. BRAYMAN: Get what you can, which shows a certain
21
01:37:45
MR. BRAYMAN: He certainly knew that the twins were
amount of unsophistication.
22
So I don't know how to answer Your Honor's question
23
as to who is Alfredo Vasquez. We know certain things. He's
24
got kids that love him. He's got a family. He's got no
25
criminal history, and he worked a legitimate job for a number
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23
of years in the Los Angeles area.
01:38:07
01:38:27
when you talk about sentencing within the guideline range,
he's 59 years old. Anything within the guideline range will
be essentially a death sentence to him. You've gotten his
letter, his son's letter, and because of his age and because
of his lack of criminal criminal history and because of his
working history, you know, he just got caught up in this war
on drugs and, you know, when you're talking about 10 years,
10
it's a horrendous sentence, and that's why we're asking for
11
the minimum sentence you can impose in this case, 10 years.
12
MR. HERNANDEZ: One thing I want to add, Your Honor.
13
THE COURT: Yes, Mr. Hernandez.
14
01:38:43
01:38:53
(Counsel conferring.)
15
MR. BRAYMAN: Oh, right, and one other thing, you saw
16
that letter from the Mexican attorney as to the conditions in
17
jail.
18
THE COURT: Definitely.
19
MR. BRAYMAN: And so when you get complaints about
20
Kankakee, you know, Kankakee is a cake walk compared to that
21
prison in Mexico.
22
01:39:16
So we do know those things, and I just -- you know,
THE COURT: Mr. Vasquez-Hernandez, is there anything
23
you want to say before I sentence you?
24
THE DEFENDANT: Yes.
25
First of all, I want to thank God because this is
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01:39:45
coming to an end. I apologize to the Court and to the
government of the United States and especially to Your
Honorable Judge Castillo. I ask you for forgiveness and to
have pity on me, and I accept my responsibility for what I
did. I'm sorry.
01:40:15
01:40:43
sense, Mr. Vasquez-Hernandez, that it is difficult to
determine who you really are. All we know is one thing for
sure, and that is that you involved yourself in a shipment in
10
a major way, in a shipment of drugs that was headed to
11
Chicago, 276 kilograms of cocaine. That is a major shipment,
12
and that was your mistake, and I cannot sit here, as a judge
13
who's been on the bench for 20 years and who's been involved
14
in the drug war for a good portion of my life, and think for
15
one second, nor do I think any other Chicagoan could think for
16
one second that this was the first time that you just happened
17
to do this, that you just kind of got up out of bed and said,
18
well, let me do a 276-kilogram transaction to Chicago today.
19
01:41:11
But it is what it is, and I am left to sentence you.
20
I've tried to be as fair as I can. I'm not going to let the
21
influence in any type of negative way of the entire specter of
22
Mr. Chapo Guzman enter into your sentencing. I think that
23
that would be unfair.
24
01:41:37
THE COURT: Well, it is hard to sentence you in the
25
There is no evidence that you have been directly

involved in the violence that comes with this unfortunate drug
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01:42:03
01:42:31
trafficking that has plagued the country of Mexico as well as
this country. There's no evidence that you ever held a weapon
or ordered somebody else to hold a weapon or do anything with
a weapon, so I'm not going to hold that against you.
5
6
is this shipment, this one-time shipment of 276 kilograms of
cocaine to the City of Chicago, because I tell you and I tell
you this on behalf of all Chicagoans, on behalf of all the
citizens of this country, we are tired, tired of drug
10
trafficking, and it continues to hurt this city and this
11
country.
12
01:42:52
01:43:12
01:43:31
But what I do hold against you in no uncertain terms
And so ultimately I think a strong message needs to
13
go out is if you make the decision -- and I understand that
14
this decision is not easy for your family, for your children;
15
they have my respect, but it is too late because once you make
16
a decision to get involved in these type of transactions,
17
you're basically making that decision for them. You are
18
basically making a decision that says in no uncertain terms
19
imprison me.
20
And so the message that I would like to send back to
21
the country of Mexico is this: If you involve yourself in a
22
drug transaction like this, then the sentence, the only
23
appropriate sentence for you, is going to be 25 years. That's
24
what I think.
25
But I'm not going to sentence you to 25 years because
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01:43:55
01:44:23
01:44:49
I am going to give you credit for the time that you spent in
that Mexican jail and the conditions, but I think in
considering all of the 3553 factors, including the seriousness
of this offense, the only appropriate sentence for you and the
sentence that I arrive at after carefully considering all the
3553 factors and the sentence that I would sentence you to
regardless of any determinations I made here today about the
advisory sentencing guidelines, their applications or what
year the advisory sentencing guidelines we're using, that is
10
the 2008 manual versus the 2014 manual, I think the only
11
sufficient sentence for someone like you is 264 months in the
12
custody of the Attorney General. That is giving you credit
13
for the time you spent in Mexico but nevertheless sentencing
14
you to a U.S. prison for 22 years to be followed by five years
15
of supervised release.
16
01:45:04
17
find any of your money. If I were a betting person, I would
18
think there is some money somewhere, but I'm not going to
19
worry about that.
20
I'm going to assess you $100, and that's what I think
21
is a sufficient, but no greater than necessary, sentence under
22
the facts of this case.
23
01:45:25
I'm not going to fine you because we weren't able to
You have a right to appeal the sentence by filing a
24
notice of appeal and requesting, if you need one, counsel from
25
the Court of Appeals.
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When you're on my supervised release, you shall
report in person to the Probation Office in the district to
which you are released.
4
01:45:45
You cannot commit any other type of crime while

you're on supervised release.
6
7
You'll refrain from any use of controlled substances

subject to the maximum number of drug tests per year.
8
9
01:45:59
01:46:22
That's a special condition.
10
You cannot possess a firearm or destructive device.
11
Upon your release from prison, you shall report and
12
surrender to a duly authorized official of the Homeland
13
Security Department for determination on the issue of
14
deportation, and it is my recommendation to that department
15
that you be deported after you serve this sentence to the
16
country of Mexico.
17
Is there anything else we need to cover?
18
MR. BRAYMAN: Judge, can you recommend the drug
19
01:46:34
You'll cooperate with the collection of a DNA sample.
program for Mr. Vasquez-Hernandez?
20
21
THE COURT: I'll recommend the drug program for

Mr. Vasquez-Hernandez.
22
23
01:46:41
MR. BRAYMAN: Can you also recommend a placement in

a --
24
THE COURT: Sure.
25
MR. BRAYMAN: -- facility in Southern California
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1
2
01:46:54
institution to the Southern California area where his family
currently resides.
MR. BRAYMAN: Appreciate it.
THE COURT: Anything else on behalf of the
10
government?
MR. FERRARA: Your Honor, the government moves to
dismiss Count 2 of the indictment.
13
THE COURT: Count 2 will be dismissed.
14
Anything else, Mr. Grooms?
15
PROBATION OFFICER: No, Your Honor.
16
THE COURT: Thank you.
17
MR. HERNANDEZ: We needed to discuss the issue of the
18
time that he served in Mexico. I think it was 22 months. He
19
was only arrested for this particular case.
20
21
22
01:47:36
think that is -THE COURT: I'll do that.
12
01:47:20
MR. BRAYMAN: Maybe if you could recommend Taft. I
11
01:47:11
THE COURT: I'll recommend the closest available
01:47:02
where most of his family is?
We ask that the Court order that he get credit for

that time.
THE COURT: Okay. I want to say, and I've already
23
said expressly, that this 22-year sentence expressly considers
24
that period of time that Mr. Vasquez-Hernandez was in prison.
25
In fact, but for him being in prison that period of
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time, I would have sentenced him today to a 300-month
sentence, which would have been 25 years exactly.
3
4
Thank you.
(Which were all the proceedings heard.)
5
6
CERTIFICATE
I certify that the foregoing is a correct transcript from
the record of proceedings in the above-entitled matter.
/s/Kathleen M. Fennell
9
10
December 1, 2014
Kathleen M. Fennell
Official Court Reporter
Date
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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RSA - 000029

Tomas Arevalo Renteria, 'El Chapo' Co-Defendant, Sentencing Recommendation

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Tomas Arevalo Renteria, 'El Chapo' Co-Defendant, Sentencing Recommendation

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Case: 1:09-cr-00383 Document #: 434 Filed: 11/11/15 Page 1 of 16 PageID #:2621

UNITED STATES DISTRICT COURT

GOVERNMENTS SENTENCING MEMORANDUM

respectively charged in the First, Second, and Third Superseding Indictments in

Case: 1:09-cr-00383 Document #: 434 Filed: 11/11/15 Page 2 of 16 PageID #:2622

pursuant to a written plea declaration, defendant entered a blind plea of guilty to

The Offense Conduct

AREVALO RENTERIA was a member or associate of the Sinaloa Cartel and,

information from the Flores brothers, law enforcement seized approximately 15

Case: 1:09-cr-00383 Document #: 434 Filed: 11/11/15 Page 3 of 16 PageID #:2623

Pedro Flores informed

In a recorded conversation with Pedro Flores,

Case: 1:09-cr-00383 Document #: 434 Filed: 11/11/15 Page 4 of 16 PageID #:2624

PSR at paragraphs 35-38.

seizures alone associated with the conspiracy totaled approximately 1,930

Case: 1:09-cr-00383 Document #: 434 Filed: 11/11/15 Page 5 of 16 PageID #:2625

Governments Corrections/Objections to the PSR

Base Offense Level

Because the government is not offering independent

Case: 1:09-cr-00383 Document #: 434 Filed: 11/11/15 Page 6 of 16 PageID #:2626

PSR at paragraphs 39-42.

The PSR further noted that the

government has not submitted evidence that defendant AREVALO RENTERIA

Case: 1:09-cr-00383 Document #: 434 Filed: 11/11/15 Page 7 of 16 PageID #:2627

document number 143 at page 4. In addition, co-defendant Vicente Zambada Niebla

Case: 1:09-cr-00383 Document #: 434 Filed: 11/11/15 Page 8 of 16 PageID #:2628

Three-Level Enhancement for Defendants Role as a Manager/Supervisor

Specifically, the PSR found that defendant is one of 11

defendants named in the third superseding indictment. . .the instant conspiracy

Case: 1:09-cr-00383 Document #: 434 Filed: 11/11/15 Page 9 of 16 PageID #:2629

four-level enhancement pursuant to USSG 3B1.1(a) is appropriate. 4

threshold matter, defendant agreed in his plea declaration that a four-level

The 15-kilo and 12-kilo heroin transactions alone make

defendants role clear. As evidenced by the recorded conversations submitted as

While defendant agreed that a four-level enhancement pursuant to USSG 3B1.1(a) is

Case: 1:09-cr-00383 Document #: 434 Filed: 11/11/15 Page 10 of 16 PageID #:2630

For these reasons, a four-level enhancement is appropriate

pursuant to USSG 3B1.1(a).

When combined with defendants criminal history

Analysis of the Sentencing Factors Set Forth in 18 U.S.C. 3553(a)

Case: 1:09-cr-00383 Document #: 434 Filed: 11/11/15 Page 11 of 16 PageID #:2631

Similar to the manner in which

AREVALO RENTERIAs actions to cause 27 kilograms of heroin to be transported

Case: 1:09-cr-00383 Document #: 434 Filed: 11/11/15 Page 12 of 16 PageID #:2632

But it is what it is, and I am left to sentence you. Ive tried to be

Case: 1:09-cr-00383 Document #: 434 Filed: 11/11/15 Page 13 of 16 PageID #:2633

As this Court made so clear, a

sentence of 25 years imprisonment is appropriate, but not greater than necessary,

Case: 1:09-cr-00383 Document #: 434 Filed: 11/11/15 Page 14 of 16 PageID #:2634

Rather than these convictions deterring defendant from

engaging in additional criminal conduct, defendant simply graduated to ever higher

Case: 1:09-cr-00383 Document #: 434 Filed: 11/11/15 Page 15 of 16 PageID #:2635

Dated: November 11, 2015

Case: 1:09-cr-00383 Document #: 434 Filed: 11/11/15 Page 16 of 16 PageID #:2636

Case: 1:09-cr-00383 Document #: 434-1 Filed: 11/11/15 Page 1 of 3 PageID #:2637

What? Whats up?

What are you doing, dude?

Nothing. Just here watching T.V.

Case: 1:09-cr-00383 Document #: 434-1 Filed: 11/11/15 Page 2 of 3 PageID #:2638

So lets just leave it for tomorrow for sure, dude.

Okay. Tomorrow [U/I]...?

Yes, hey dude...

[STUTTERS] So then later on youll... Ill get it from you, dude.