Pubdate: Thu, 17 Nov 2005
Source: Billings Gazette, The (MT)
Copyright: 2005 The Billings Gazette
Contact:  http://www.billingsgazette.com/
Details: http://www.mapinc.org/media/515
Author: Clair Johnson, staff writer
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)

METHAMPHETAMINE DEALER GETS 107 YEARS IN PRISON

A 40-year-old methamphetamine dealer from Washington state will spend
the rest of his life in prison for helping to supply pounds of the
highly addictive drug in the Billings community.

Technically, it wasn't a life sentence that U.S. District Judge
Richard Cebull ordered Wednesday for Martin Garcia, but the 107 years
imposed ensures that Garcia will die in prison. There is no parole in
the federal prison system.

"I have nothing to say,'' Garcia said before the judge announced the
sentence.

Family members attended Garcia's trial in August, when a jury
convicted him on 21 counts including conspiracy, possession with
intent to distribute, money laundering, distribution and firearms
violations. None of them attended the sentencing hearing.

The drug conspiracy, which prosecutors said ran from about April 2003
until December 2003 and involved about 30 pounds of high-quality meth,
led to the indictment of 14 other people, including many from the
Billings area. Tens of thousands of dollars in drug proceeds were
laundered back to Washington to pay Garcia, prosecutors said.

All but two of those indicted have been convicted, and most have been
sentenced to long prison terms. Two defendants have pleaded not guilty.

Garcia's lawyer, Glenn Carpenter, said he could do nothing about
mandatory terms for the four firearms counts - which alone totaled 80
years - but urged the judge to depart on the other counts from the
advisory guideline range of 27 years to more than 33 years. People
convicted in killings get less time than what Garcia faced, Carpenter
said.

"He's getting a life sentence. We all know that here,'' Carpenter
said.

Garcia didn't graduate from high school and worked in the fields of
eastern Washington to support his siblings, Carpenter said. For most
of his life, Garcia lived an "honest and productive life'' with only a
misdemeanor conviction, he said.

In a sentencing memo, Carpenter said Garcia, the oldest of 10
children, came to the United States when he was 9. Garcia has five
children, whom he supported until he was arrested.

Sentencing disparity was another reason for showing leniency,
Carpenter said. Most of the other sentenced co-defendants have
received between 10 years and 15 years, he said.

Assistant U.S. Attorney Jim Seykora fired back, telling the judge,
"You've seen the human carnage'' that Garcia created. "He's done
damage, your honor."

Cebull said the sentencing disparity created by minimum mandatory
terms for firearms convictions was one of his reasons for imposing
time at the low end of the guidelines, 27 years, on the other counts.
"The guidelines generally reflect what society considers to be an
adequate punishment,'' Cebull said.

In determining the guideline range, Cebull found that Garcia was a
leader in the conspiracy and that he used minors to help commit the
crimes. The judge held Garcia responsible for approximately 6 pounds
of a meth mixture and about 4 ounces of actual meth, which were the
amounts determined by the jury.

Co-defendants who have been convicted and sentenced include Isaac
Kimber of Billings; Roseen Red Star of Billings; Eugene Rising Sun of
Crow Agency; Donald J. Bitz of Sedro-Woolley, Wash.; James Cooper of
Billings; James Lavenger of Billings; Edwin Santiago of Mount Vernon,
Wash.; Nate Miller of Billings; Erin Zindler of Laurel; Josh
Pennington of Billings; and Kevin Parker of Florida.

Robert W. Green of Stockton, Calif, who was convicted at trial with
Garcia, is awaiting sentencing. Ronald E. Smith of Torrence, Calif.,
and Danielle Frost of Billings have pleaded not guilty.
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