Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Missoula on September 8, 2009, before U.S. District Judge Donald W. Molloy, JAVIER MILLAN-MARTINEZ, a 23-year-old resident of Denver, Colorado, pled guilty to conspiracy to distribute cocaine. Sentencing is set for December 3, 2009. He is currently detained.

In an Offer of Proof filed by Assistant U.S. Attorney Timothy J. Racicot, the government stated it would have proved at trial the following:

In 2007, the Missouri River Drug Task Force, the Drug Enforcement Administration, and the U.S. Immigration and Customs Enforcement began investigating a cocaine-trafficking organization in Gallatin County. The investigation included surveillance of individuals and addresses, and multiple controlled purchases of cocaine by confidential informants. According to several interviews of witnesses and conspirators, MILLAN-MARTINEZ was a member of the drug trafficking organization and a source of supply from Denver.

On the following dates, law enforcement officers monitored controlled purchases of cocaine in the Bozeman area in the following amounts:

� March 12, 2008 - one ounce

� March 24, 2008 - five ounces

� April 15, 2008 - one ounce

� April 25, 2008 - one ounce

� April 30, 2008 - four ounces

� July 2, 2008 - one ounce

� August 6, 2008 - three ounces

� August 26, 2008 - two ounces

� September 22, 2008 - two ounces

� October 22, 2008 - one-half ounce

� October 28, 2008 - two ounces

� November 12, 2008 - three ounces

� November 25, 2008 - three ounces

� January 16, 2009 - two and one-half ounces

� March 31, 2009 - one and one-half ounce

On April 21, 2009, law enforcement monitored the purchase of five ounces of cocaine (138.4 grams) from MILLAN-MARTINEZ in Denver. On May 28, 2009, law enforcement arranged to purchase one pound of cocaine from MILLAN-MARTINEZ, again in Denver. The officers arrested MILLAN-MARTINEZ and searched his apartment. They seized approximately 572 grams of cocaine (including packaging), 36 grams of methamphetamine, a digital scale, and some false documents and photos. During a post-arrest interview, MILLAN-MARTINEZ admitted that the cocaine and meth belonged to him.

MILLAN-MARTINEZ faces possible penalties of a mandatory minimum of 5 years in prison and could be sentenced to 40 years, a $2,000,000 fine and at least 4 years supervised release. .

The investigation was a cooperative effort between the Missouri River Drug Task Force, the Drug Enforcement Administration, and the U.S. Immigration and Customs Enforcement.

A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.

 

 

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