SAN FRANCISCO – Eight defendants were indicted on narcotics trafficking charges, announced United States Attorney David L. Anderson, Drug Enforcement Administration (DEA) Special Agent in Charge Daniel C. Comeaux, and Homeland Security Investigations (HSI) Special Agent in Charge Tatum King.  The defendants were arrested on November 6, 2019, and February 11, 2020, in the areas of San Jose and Tracy, Calif.  In addition to the two indictments—one filed on November 14, 2019, and the other filed February 21, 2020—four criminal complaints have been filed in this investigation.

According to the complaints, DEA and HSI have been engaged in an investigation since early 2019 into two South Bay-based drug trafficking organizations.  The federal agencies used several tools—including a confidential source to conduct controlled purchases of methamphetamine and court-ordered telephonic communications intercepts—to gather evidence regarding certain targets.  For example, one of the complaints describes how on May 5, 2019, a confidential source sought to purchase from Eleazar Garcia, aka Jr, three pounds of methamphetamine.  According to that complaint, Garcia obtained the drugs in Mountain View from co-defendant Misael Barajas and then exchanged the drugs in Gilroy with the confidential source for $5,100.  Garcia then arranged to have proceeds from the sale of the drugs delivered to Barajas.  Similarly, one of the complaints describes how in August of 2019 a confidential source called Garcia to purchase two ounces of cocaine.  On this occasion, Garcia allegedly arranged to obtain the drugs from co-defendant Miguel Gallardo Pacheco.  According to one of the complaints, the confidential source met with Garcia and Gallardo in a BMW parked in a pre-determined location in San Jose.  The confidential source allegedly entered the car, took the cocaine from the middle console of the car and handed $2,200 to Garcia.  Garcia counted the money and gave it to Gallardo.

The complaints describe additional transactions involving the possession, sale, and distribution of methamphetamine and cocaine in October and November of 2019.  Further, one of the complaints describes the November 6, 2019, arrest of co-defendant Omar Fernando Peralta Sanchez at which time federal agents retrieved 10 pounds of crystal methamphetamine and five gallons of liquid methamphetamine from his residence.  In sum, the indictments charge the defendants with the following crimes:

Defendant

Age/Residence

Charges

Maximum Penalties



Misael Barajas

(charged in the Nov. 14, 2019, and Feb. 20, 2020, indictments)



31/Sunnyvale, Calif.



21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(C) – Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine





Maximum 20 years imprisonment; maximum $1 million fine



21 U.S.C. § 841(a)(1) and (b)(1)(A)(viii) – Possession with Intent to Distribute and Distribution of 500 Grams and More of a Mixture Containing Methamphetamine [two counts]

Not less than 10 years imprisonment and up to life; maximum $10 million fine

21 U.S.C. §§ 846, 841(a)(1), (b)(1)(A)(viii), and (b)(1)(C) – Conspiracy to Distribute and Possess with Intent to Distribute 500 Grams and More of a Mixture Containing Methamphetamine, and Cocaine

Not less than 10 years imprisonment and up to life; maximum $10 million fine



David Pecina Garcia

(charged in the Feb. 20, 2020, indictment)

39/San Jose, Calif.



21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(C) – Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine





Maximum 20 years imprisonment; maximum $1 million fine



21 U.S.C. § 841(a)(1) and (b)(1)(A)(viii) – Possession with Intent to Distribute and Distribution of 500 Grams and More of a Mixture Containing Methamphetamine

Not less than 10 years imprisonment and up to life; maximum $10 million fine



Eleazar Garcia, aka Jr

(charged in the Feb. 20, 2020, indictment)



36/Tracy, Calif.



21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(C) – Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine





Maximum 20 years imprisonment; maximum $1 million fine



21 U.S.C. § 841(a)(1) and (b)(1)(A)(viii) – Possession with Intent to Distribute and Distribution of 500 Grams and More of a Mixture Containing Methamphetamine

Not less than 10 years imprisonment and up to life; maximum $10 million fine

21 U.S.C. § 841(a)(1) and (b)(1)(C) – Possession with Intent to Distribute and Distribution of Cocaine

Maximum 20 years imprisonment; maximum $1 million fine



Eleazar Garcia, aka Senior

(charged in the Feb. 20, 2020, indictment)

68/Modesto, Calif.



21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(C) – Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine



Maximum 20 years imprisonment; maximum $1 million fine



Jesus Garcia-Cano, aka Chuche

(charged in the Feb. 20, 2020, indictment)

25/San Jose, Calif.



21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(C) – Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine





Maximum 20 years imprisonment; maximum $1 million fine



21 U.S.C. § 841(a)(1) and (b)(1)(A)(viii) – Possession with Intent to Distribute and Distribution of 500 Grams and More of a Mixture Containing Methamphetamine

Not less than 10 years imprisonment and up to life; maximum $10 million fine



Miguel Gallardo Pacheco

(charged in the Feb. 20, 2020, indictment)

22/San Jose, Calif.

21 U.S.C. § 841(a)(1) and (b)(1)(C) – Possession with Intent to Distribute and Distribution of Cocaine

Maximum 20 years imprisonment; maximum $1 million fine



Octavio Paque

(charged in the Nov. 14, 2019, indictment)

35/San Jose, Calif.

21 U.S.C. §§ 846, 841(a)(1), (b)(1)(A)(viii), and (b)(1)(C) – Conspiracy to Distribute and Possess with Intent to Distribute 500 Grams and More of a Mixture Containing Methamphetamine, and Cocaine

Not less than 10 years imprisonment and up to life; maximum $10 million fine



Omar Fernado Peralta Sanchez

(charged in the Nov. 14, 2019, indictment)

36/San Jose, Calif.



21 U.S.C. §§ 846, 841(a)(1), (b)(1)(A)(viii), and (b)(1)(C) – Conspiracy to Distribute and Possess with Intent to Distribute 500 Grams and More of a Mixture Containing Methamphetamine, and Cocaine





Not less than 10 years imprisonment and up to life; maximum $10 million fine



21 U.S.C. § 841(a)(1) and (b)(1)(A)(viii) – Possession with Intent to Distribute and Distribution of 500 Grams and More of a Mixture Containing Methamphetamine

Maximum 20 years imprisonment; maximum $1 million fine

The indictments and complaints merely allege that crimes have been committed, and each defendant must be presumed innocent until proven guilty beyond a reasonable doubt.  If convicted, the defendants face maximum sentences and fines described in the table above.  However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553. 

Assistant U.S. Attorney Sarah Griswold is prosecuting these cases with the assistance of Laurie Worthen and Jessica Leung.  These cases were investigated and prosecuted by member agencies of the Organized Crime Drug Enforcement Task Force, a focused multi-agency, multi-jurisdictional task force investigating and prosecuting the most significant drug trafficking organizations throughout the United States by leveraging the combined expertise of federal, state, and local law enforcement agencies.