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Date: 05-28-2021
Case Style:
Case Number: 20cr1442-DMS
Judge: Dana M. Sabraw
Court: United States District Court for the Southern District of California (San Diego County)
Plaintiff's Attorney: United States District Attorney’s Office
Defendant's Attorney:
Description: San Diego, California smuggling illegal pesticides charge criminal defense lawyer represented Defendant, Selene Barraza of Visalia, California, was convicted by a federal jury yesterday of smuggling illegal pesticides into the United States from Mexico.
The jury found that Barraza smuggled 25 containers of pesticides and fertilizer concealed under the seats of her vehicle into the United States at the San Ysidro Port of Entry on February 26, 2020. The pesticides included 12 bottles of Metaldane and six bottles of Furadan. The active ingredient of Metaldane is methamidophos, and the active ingredient of Furdan is carbofuran. Both methamidophos and carbofuran are cancelled pesticides, which may not be legally imported, sold, distributed or applied in the United States.
According to trial testimony, Barraza purchased the pesticides at a store in Tijuana, where she was told that it was illegal to cross them into the United States but that if the pesticides were discovered, they would simply be seized. The amount of Metaldane alone purchased by Barraza would have lasted 100 to 200 years if applied to her property, according to the directions on the label. Barraza told agents she intended to use the pesticides and resell them. Barraza is scheduled to be sentenced before U.S. District Judge Dana M. Sabraw on August 20, 2021.
“These chemicals are banned in the United States because they are toxic and dangerous,” said Acting U.S. Attorney Randy Grossman. “This verdict is an important reminder that there are serious consequences for those who attempt to smuggle illegal pesticides into the U.S. with no regard for public safety.” Grossman praised Assistant U.S. Attorney Melanie Pierson, Department of Justice Trial Attorney Stephen Da Ponte and agents with Homeland Security Investigations and the U.S. Environmental Protection Agency, Criminal Investigation Division for their excellent work to protect the public.
“The jury’s verdict sends a clear message to individuals that knowingly put people at risk” said Scot Adair, the Special Agent in Charge of EPA’s criminal enforcement program in California. “With our partner agencies, EPA’s job is to protect the American people from highly toxic pesticides like the ones illegally smuggled into this country by the defendant.”
“The jury’s verdict confirms the seriousness of preventing these toxic chemicals from polluting the environment and putting people’s health at risk,” said Cardell T. Morant, Special Agent in Charge of Homeland Security Investigations (HSI). “HSI and our partners at Environmental Protection Agency – Criminal Investigation Division, U.S. Customs and Border Protection, and the U.S. Attorney’s Office are committed to working together to stop these deadly pesticides from entering the United States.”
This case was prosecuted by Assistant U.S. Attorney Melanie Pierson and DOJ Trial Attorney Stephen DaPonte.
18:545; 18:2 - Smuggling Goods Into the United States; Aiding and Abetting
(1)
Outcome: 05/26/2021 68 Minute Entry for proceedings held before Chief District Judge Dana M. Sabraw: Jury Trial as to Selene Elizabeth Barraza held on 5/26/2021. Day of Trial 2. 12 Jurors Present. 2 Alternate Jurors Present. Closing arguments. Jury retired to deliberate at 11:15 a.m. Jury returned at 2:05 p.m. Verdict: Guilty. Jury polled. PSR Ordered. Sentence With PSR set for 8/20/2021 09:00 AM in Courtroom 13A before Chief District Judge Dana M. Sabraw. (Interpreter Juan Davila-Santiago, MariaPaz Sandoval). (Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney AUSA Melanie Pierson and Stephen Da Ponte). (Defendant Attorney Crystal Erlandson and Jay Monico). (no document attached) (bjb) (Entered: 05/27/2021)
05/26/2021 69 Jury Instructions as to Defendant Selene Elizabeth Barraza (bjb) (Entered: 05/27/2021)
05/26/2021 70 WITNESS LIST by USA as to Selene Elizabeth Barraza (bjb) (Entered: 05/27/2021)
05/26/2021 71 Plaintiff EXHIBIT LIST by USA as to Selene Elizabeth Barraza (bjb) (Entered: 05/27/2021)
05/26/2021 72 Defendant's EXHIBIT LIST by Selene Elizabeth Barraza (bjb) (Entered: 05/27/2021)
05/26/2021 73 COURT EXHIBIT LIST (bjb) (Entered: 05/27/2021)
05/26/2021 74 JURY VERDICT as to Selene Elizabeth Barraza (1) Guilty on Count 1. (bjb) (Entered: 05/27/2021)
Plaintiff's Experts:
Defendant's Experts:
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