On September 12, Daniel Navarro-Chavez will learn the sentence he will receive for moving marijuana through two tunnels dug between Mexico and the United States. He is facing a 10-year minimum sentence, but could receive a sentence of life in prison or, because he is not a U.S. citizen, he could be deported.
In all, a total of 98,000 pounds of marijuana was seized in two separate tunnels, one in Otay Mesa and the other on Via De La Amistad, although Navarro-Chavez was not charged with attempting to distribute all of it. Instead, he entered a guilty plea in San Diego's U.S. District Court to the charge of conspiracy to distribute 1,000 kilograms of the drug.
While the federal prosecutor asserted Navarro-Chavez was guilty of conspiracy involving nearly 27,000 pounds of marijuana, Navarro-Chavez's defense attorney asserted that the amount alleged by the Assistant U.S. Attorney was incorrect.
Nine other people were charged in the case, including truck driver Carlos Cunningham of Oceanside, who was caught transporting nearly 10 tons of marijuana through one of the tunnels that started in Tijuana, Mexico, and ended at an Otay Mesa, San Diego, warehouse. Cunningham received a sentence of 21 years and 8 months, which was a higher sentence than requested by the government. Cunningham's prior conviction and the amount of marijuana he was caught with were considered in his sentencing.
Under the federal trafficking penalties, the sentencing range for trafficking crimes is dependent upon the type of drug distributed, the amount of the drug, and the number of the offense, meaning whether it's a first or second offense. For example, trafficking 1,000 kilograms or more of marijuana carries a sentencing range of 10 years to life, but on a second offense that mandatory minimum increases to 20 years.
There are also provisions that enhance the sentence if someone dies or serious injury results from the commission of the crime, and higher sentences are imposed for second offenses than for first. Fines may also be imposed as a part of sentencing.
