FOR IMMEDIATE RELEASE
Monday, November 05, 2007
ELIUTH BANUELOS 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 November 5, 2007, before U.S. District Judge Sam E. Haddon, ELIUTH BANUELOS, a 31-year-old resident of Huntington Park, California, appeared for sentencing. BANUELOS was sentenced to a term of:
- Prison: 71 months, concurrent with another sentence
- Special Assessment: $100
- Forfeiture: firearm
- Supervised Release: 3 years
BANUELOS was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On April 6, 2006, BANUELOS was convicted of assault with a dangerous weapon in the Superior Court for the State of California, thereby prohibiting him from the possession of firearms.
In the early morning hours of October 25, 2006, Central Montana Drug Task Force agents arrested two individuals based upon reliable information that the two Huntington Park, California residents were trafficking methamphetamine in Great Falls. Agents discovered a small amount of methamphetamine in the search of the rental car the two were using while in Great Falls.
An informant advised agents that the two had been accompanied from the Los Angeles area by a person known as "Dragon" and that "Dragon" was carrying several ounces of methamphetamine and a handgun.
In the afternoon of October 25, 2006, agents went to the Great Falls bus depot and inquired whether anyone had recently purchased a ticket to Los Angeles. The ticket agent advised that a one-way ticket to Los Angeles had been purchased shortly after noon by BANUELOS. Agents asked the ticket agent to page BANUELOS. When BANUELOS appeared, having gotten off the bus, agents asked him if he was known as "Dragon." BANUELOS denied being known by that name. BANUELOS produced identification indicating a Huntington Park, California address. Upon further questioning, BANUELOS admitted that he was called "Dragon." He denied having possession of any drugs, but as he was emptying his pockets, a small bag of methamphetamine dropped to the floor. BANUELOS stated that he forgot he was carrying the drug when he initially denied having any drugs on his person. BANUELOS was then arrested.
BANUELOS admitted that he and two others had been selling methamphetamine in Great Falls. When asked about the handgun, he advised the agents that it was in one of his two bags of checked luggage. In an effort to locate his checked luggage, the agents boarded the bus to retrieve his ticket and claim stubs. When picking up BANUELOS' ticket, the investigating agent discovered a .38 caliber, Llama Model Super semi-automatic handgun on the bus seat.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BANUELOS will likely serve all of the time imposed by the court. In the federal system, BANUELOS 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 Carl E. Rostad prosecuted the case for the United States.
The investigation was a cooperative effort between the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Central Montana Drug Task Force.
This conviction is yet another important outcome from Project Safe Neighborhoods, a national priority of the United States Department of Justice. PSN is designed as a partnership between federal and local law enforcement to reduce violent crime and gun-related crime through the vigorous enforcement of the criminal provisions of the federal firearms laws. In Montana, the effort under PSN is called "Catch and No Release."
