FOR IMMEDIATE RELEASE
Tuesday, April 22, 2008
ALFONSO DAVID AVINA PLEADS GUILTY IN U.S. FEDERAL COURT
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Great Falls on April 22, 2008, before U.S. District Judge Sam E. Haddon, ALFONSO DAVID AVINA, a 31-year-old resident of Los Angeles, California, pled guilty to conspiracy to possess with the intent to distribute methamphetamine. Sentencing is set for August 7, 2008. He is currently detained.
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.
AVINA faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $4,000,000 fine and 5 years supervised release.
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.
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A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.
