District of Montana

Thursday, August 07, 2008

ALFONSO DAVID AVINA SENTENCED IN U.S. DISTRICT COURT

Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Great Falls, on August 7, 2008, before U.S. District Judge Sam E. Haddon, ALFONSO DAVID AVINA, a 31-year-old resident of Los Angeles, California, appeared for sentencing. AVINA was sentenced to a term of:

• Prison: 96 months

• Special Assessment: $100

• Supervised Release: 5 years

AVINA was sentenced in connection with his guilty plea to conspiracy to possess with the intent to distribute methamphetamine.

In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:

In approximately June of 2005, Victor King, who lived in Havre, became involved in trafficking methamphetamine. Through another individual, hereafter referred to as H.B., King was introduced to AVINA, who lived in southern California.

AVINA began to serve as a source of methamphetamine for King. Initially, King provided money to H.B., who traveled to California and obtained pound quantities of methamphetamine from AVINA. H.B. in turn provided the methamphetamine to King for distribution in the Havre area via a network of subordinate drug dealers.

Eventually, King began to receive the methamphetamine directly from AVINA. He received some of the methamphetamine from AVINA by UPS shipments and some in hand-to-hand transactions.

Collectively, King received approximately six pounds of methamphetamine directly (either by hand-to-hand transactions or UPS shipments) from AVINA between February of 2006, and September 13, 2006.

On September 13, 2006, King was arrested. When questioned, he stated that AVINA had provided him with methamphetamine which King then distributed in Havre as part of the conspiracy.

At the request of the authorities, King contacted AVINA and attempted to purchase methamphetamine from AVINA. AVINA accepted the money from King and deposited a portion of the money into a bank account, but never provided the methamphetamine to King. AVINA'S fingerprints were found on an envelope related to communications between King and AVINA which involved the attempted transaction.

Victor King pled guilty to federal charges and was sentenced.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that AVINA will likely serve all of the time imposed by the court. In the federal system, AVINA does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.

Assistant U.S. Attorney Joseph E. Thaggard prosecuted the case for the United States.

The investigation was a cooperative effort between the Tri-Agency Safe Trails Drug Task Force and the Federal Bureau of Investigation in Havre.