Pubdate: Sat, 15 Jul 2006
Source: Vancouver Sun (CN BC)
Copyright: 2006 The Vancouver Sun
Contact:  http://www.canada.com/vancouver/vancouversun/
Details: http://www.mapinc.org/media/477
Author: Darah Hansen, Vancouver Sun
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)

TRIO OF TUNNEL SMUGGLERS SENTENCED TO NINE YEARS

U.S. Judge Notes Seriousness Of Drug Trade In Jailing Surrey Men Who
Dug Under Border

Three Surrey men who dug a sophisticated drug-smuggling tunnel under
the border near Aldergrove were sentenced Friday in U.S. District
Court in Seattle to nine years in jail.

The sentence imposed on Francis Devandra Raj, 31, Timothy Woo, 35, and
Jonathan Valenzuela, 28, was nearly double the term requested by
defence lawyers in the case, said Emily Langley of the United States
Attorney's Office.

According to Langley, the defence had asked the judge to consider a
mandatory minimum sentence of five years for their clients, all of
whom pleaded guilty earlier this year to a charge of conspiracy to
import marijuana.

Federal prosecutors, however, argued the scope and sophistication of
the men's smuggling efforts required a stronger legal response. In a
written sentencing memorandum, assistant U.S. attorneys Jill Otake,
Annette Hayes and Doug Walley said the tunnel posed a serious threat
to national security.

"Just as cars and planes have become vehicles for the transportation
of a wide variety of contraband and people, the tunnel could easily
have served other nefarious purposes had it not been closed so
quickly," the prosecutors wrote.

Raj, Woo and Valenzuela were arrested last July, shortly after they
completed the 110-metre tunnel between Aldergrove and Lynden, Wash.
The first tunnel discovered along the U.S.-Canadian border, it ran
from the living room of a home on the U.S. side to a boarded-up
Quonset hut on the Canadian side. It was between one and three metres,
and reinforced with iron rebar and two-by-four wood supports.

Border guards noticed construction materials being taken into the hut
and loads of dirt coming out and investigators used the U.S. Patriot
Act's provision for "sneak-and-peek" search warrants to examine the
tunnel and set up cameras to monitor it.

Investigators from both Canada and the U.S. allowed three pot-running
trips through the tunnel before shutting it down July 20, 2005 and
arresting the three men.

According to Langley, who referred to records filed in the case,
construction of the tunnel -- including the purchase of property on
both sides of the border -- cost more than $400,000.

The government argued for a lengthy sentence, calculating that the men
who dug the tunnel had to ferry more than 1,000 kilograms of marijuana
through the tunnel in order to recoup their investment.

Prosecutors also noted during Friday's sentencing hearing that the
tunnel created a hazard for cars and buses travelling on the road above it.

Judge John C. Coughenour agreed the tunnel was designed to move
thousands of kilograms of drugs, noting the extensive preparation and
expense of the tunnel. In a media release issued by the U.S.
Attorney's Office, Coughenour remarked on the seriousness of the
marijuana smuggling problem saying, "the proceeds of this drug trade
are used to fund other criminal trade, including drugs going north
into Canada."

He said he sees too many young people from Canada caught up in the
drug trade who don't realize that smuggling drugs across the border is
a serious crime in the United States.

Following their prison term, all three men are subject to five years
of supervised released. Langley said the men must serve 85 per cent of
their sentence -- approximately 71/2 years -- before becoming eligible
for parole.

Woo was also sentenced Friday on a charge of trafficking marijuana
over the border, dating to 1999. His sentence was concurrent with the
most recent charge.

The tunnel, meanwhile, has been filled in.
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