Case 3:15-cr-01145-WQH Document 1 Filed 05/01/15 PageID.

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5 UNITED STATES DISTRICT COURT

6 SOUTHERN DISTRICT OF ciLIFORNIA

7 March 2015 Grand Jury

8 UNITED STATES OF AMERICA, Case No.

15 GR 114 5 WQM
9 Plaintiff, I N D I C T ME N T
----:,\------
10 v. '
Title 21, u.s.c., Secs. 841 (a) (1),
and 846 - Conspiracy to Distribute
11 MARIO HIDALGO-ARGUELLO (1), Marijuana; Title 21, U.S.C.,
aka "Nariz," Secs. 952, 960, and 963 -
12 JOSE FRANCISCO MADRID-SILVAS (2), Conspiracy to Import Marijuana;
aka "Pancho,,, Title 21, u.s.c., Sec. 853 -
13 SAUL GUTIERREZ (3), Criminal Forfeiture
14 Defendants.

15 f l - - - - - - - - - - - - - - - - - - - '
16 The grand jury charges:

17 Count 1

18 Beginning at a date unknown to the grand jury and continuing up

19 to and including February 25, 2013, within the Southern Dist.rict of

20 California, and elsewhere, defendants MARIO HIDALGO-ARGUELLO,

21 aka "Nariz," JOSE FRANCISCO MADRID-SILVAS, aka "Pancho," and SAUL

22 GUTIERREZ; Jose Usiel Garcia-Andrade, Rigoberto Gonzalez, and Jose

23 Araujo Carrillo (all charged elsewhere), did knowingly and

24 intentionally conspire together and with each other and with other

25 persons known and unknown to the grand jury to distribute

26 1,000 kilograms and more of marijuana, a Schedule I Controlled

27 Substance; in violation of Title 21, United States Code,

28 Sections 84l(a) (1) and 846.

JIS:nlv:San Diego
4/30/15 \
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1 Count 2

2 Beginning at a date unknown to the grand jury and continuing up

3 to and including February 25, 2013, within the Southern District of

4 California, and elsewhere, defendants MARIO HIDALGO-ARGUELLO,

5 aka \\Nariz," JOSE FRANCISCO MADRID-SILVAS, aka "Pancho," and SAUL

6 GUTIERREZ; Jose Usiel Garcia-Andrade, Rigoberto Gonzalez, and Jose

7 Araujo Carrillo (all charged elsewhere), did knowingly and
8 intentionally conspire together and with each other and with other
9 persons known and unknown to the grand jury to import 1,000 kilograms
10 and more of marijuana, a Schedule I Controlled Substance, into the
11 United States from a place outside thereof; in violation of Title 21,
12 United States Code, Sections 952, 960 and 963.
13 FORFEITURE ALLEGATIONS

14 1. The allegations contained in this Indictment are realleged

15 and by reference fully incorporated herein for the purpose of alleging

16 forfeiture to the United States of America pursuant to the provisions
17 of Title 21, United States Code, Section 853.
18 2. As a result of the commission of the felony offenses alleged
19 in this Indictment, said violations being punishable by imprisonment
20 for more than one year and pursuant to Title 21, United States Code,
21 Sections 853 (a) (1) and 853 (a) (2), defendants MARIO HIDALGO-ARGUELLO,
22 aka "Nariz," JOSE FRANCISCO MADRID-SILVAS, aka "Pancho," and SAUL
23 GUTIERREZ, shall, upon conviction, forfeit to the United States all
24 their rights, title and interest in any and all property constituting,
25. or derived from, any proceeds any defendant obtained, directly or
26 indirectly, as the result of the felony offenses alleged in this
27 Indictment, and any and all property used or intended to be used in

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1 any manner or part to commit and to facilitate the commission of the

2 violation alleged in this indictment.

3 3. If any of the above-described forfeitable property, as a

4 result of any act or omission of the defendant:

5 a. cannot be located upon the exercise of due diligence;

6 b. has been transferred or sold to, or deposited with, a

7 third party;

8 c. has been placed beyond the jurisdiction of the Court;

9 d. has been substantially diminished in value; or

10 e. has been commingled with other property which cannot be

11 subdivided without difficulty;

12 it is the intent of the United States, pursuant to Title 21,

13 United States Code, Section 8 53 (p) , to seek forfeiture of any other

14 property of the defendant up to the value of the said property listed

15 above as being subject to forfeiture.

16 All in violation of Title 21, United States Code, Section 853.

17 DATED: May 1, 2015

18 A TRUE BILL:
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20 ~h
Foreperson
21 LAURA E. DUFFY
United States Attorney
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23 By:
PIRO
24 As Attorney
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