Date: 09-11-2020

Case Style:

Case Number: 4:19-cr-00076-PJC

Judge: Claire V. Eagan

Court: United States District Court for the Northern District of Oklahoma (Tulsa County)

Plaintiff's Attorney: United States District Attorney's Office

Defendant's Attorney: Scott Anthony Troy for Jose Garcia Solis

Description: Tulsa, OK - Criminal defense lawyer represented Defendant, who was charged with: Drug Possession, Drug Trafficking

The United States of America charged Jose Garcia Solis, Oseil Serafin Calderon and Rudolph Gorniak with heroin trafficking.

Garcia, a �cell head� for the trafficking organization, was sent from Mexico to northeastern Oklahoma specifically to run the operation. He was responsible for overseeing the distribution of heroin to local dealers and for the collection of drug proceeds.

The three were among more than 30 individuals indicted in 2019 for drug conspiracy and other crimes related to the cartel�s heroin operations. The prosecution resulted from Operation Smack Dragon, an Organized Crime Drug Enforcement Task Force investigation.

�Cartels and their conspirators are responsible for flooding our communities with deadly drugs. They profit hand over fist while families are torn apart by addiction and loss,� said U.S. Attorney Trent Shores. �This prosecution highlights the diligent investigative work and cooperation between federal, state, and local partners in identifying, tracking, and dismantling this drug trafficking organization. We remain committed to protecting Oklahoma�s neighborhoods and communities.�

According to court documents, the transnational criminal organization�s hierarchy had clearly defined roles, as leaders from Mexico supplied heroin to the Tulsa �cell heads.� These �cell heads� were originally from Mexico but lived in Tulsa. Stille Giovanni Gutierrez Vivanco, allegedly directed, from Mexico, the overall drug trafficking operations in Tulsa by delegating responsibilities for the import and distribution of the heroin and for the movement of the proceeds from heroin sales. The criminal organization smuggled heroin into the United States and transported the drug to storage locations in Tulsa where they prepared it for distribution throughout the United States. After preparing the heroin, the coconspirators would repackage it for distribution to mid-level distributers, who would then redistribute it to street-level dealers until it eventually found its way into the hands of customers.

�This investigation demonstrates Homeland Security Investigation�s (HSI) unique authorities and steadfast commitment to vigorously pursue members of transnational criminal organizations that exploit and endanger the American people,� said Ryan L. Spradlin, special agent in charge, HSI Dallas. �HSI will continue to use every available resource to protect communities and secure the homeland from dangerous contraband and the criminals who bring them into our country.�

�Investigations such as these cannot be successful without DEA Tulsa�s relationship with numerous law enforcement partners in Eastern Oklahoma and the Texoma High Intensity Drug Trafficking Area (HIDTA) Initiative,� said Eduardo A. Ch�vez, special agent in charge, DEA Dallas Field Division. �These individuals are being held responsible for their actions. Whether it is a gram or a kilogram, heroin is poisoning our streets, and the DEA will never cease its efforts to rid these drugs from the streets of Oklahoma.�

In his Sept. 4 plea agreement, Jose Garcia Solis admitted that from November 2018 through June 2019, he knowingly conspired with others to distribute heroin. Garcia stated that he supplied heroin to numerous individuals for re-distribution, collected payment from dealers and returned the funds to the Mexican source of supply. U.S. District Judge Claire V. Eagan set sentencing for Dec. 8, 2020.

On Sept. 3, 2020, Oseil Serafin Calderon pleaded guilty to conspiring with others to distribute heroin from January 2019 through June 2019. Specifically, the defendant assisted in delivering heroin to Jose Garcia by transporting the heroin from Southern California to the northeastern Oklahoma. He also assisted in collecting drug proceeds from Garcia. U.S. District Judge Claire V. Eagan set sentencing for Dec. 7, 2020.

On Sept. 2, 2020, Rudolph Gorniak pleaded guilty to conspiring with others to distribute heroin from January 2019 through June 2019. Over the course of several weeks, Gorniak purchased quantities of heroin from defendants Alphonso Caldwell and Devin Hartzell. He purchased heroin, redistributed it to third parties, and relied on the payment from customers to purchase additional heroin. U.S. District Judge Claire V. Eagan set sentencing for Dec. 4, 2020.

The Drug Enforcement Administration and U.S. Immigration and Customs Enforcement�s Homeland Security Investigations led the investigation in partnership with the U.S. Department of Treasury, Internal Revenue Service- Criminal Investigation; the Oklahoma State Attorney General�s Office; and Tulsa Police Department. Assistant U.S. Attorney Joel-lyn McCormick is prosecuting this case. AUSA McCormick is the Lead Attorney for the Organized Crime Drug Enforcement Task Force Unit for the Northern District of Oklahoma.

21:848(a), 848(b), 848(c), and 848(d) - Continuing Criminal Enterprise
(1)
21:848(a), 848(b), 848(c), and 848(d) - Continuing Criminal Enterprise
(1s)
21:846 and 841(b)(1)(A)(i) - Drug Conspiracy
(2)
21:846 and 841(b)(1)(A)(i) - Drug Conspiracy
(2s)
18:1956(h) and 1956(a)(2) - Money Laundering Conspiracy; Forfeiture Allegation: 21:853(a) and 18:982(a)(1) - Drug and Money Laundering Forfeiture
(3)
18:1956(h) and 1956(a)(2) - Money Laundering Conspiracy; 18:1956(h) and 1956(a)(2) - Money Laundering Conspiracy;
(3s)
21:841(a)(1) and 841(b)(1)(A)(i) - Distribution of Heroin
(24)
21:841(a)(1) and 841(b)(1)(A)(i) - Distribution of Heroin
(24s)
21:843(b) - Use of a Communication Facility in Committing, Causing, and Facilitating the Commission of a Drug Trafficking Felony
(59)
21:843(b) - Use of a Communication Facility in Committing, Causing, and Facilitating the Commission of a Drug Trafficking Felony
(59s)
21:843(b) - Use of a Communication Facility in Committing, Causing, and Facilitating the Commission of a Drug Trafficking Felony
(71)
21:843(b) - Use of a Communication Facility in Committing, Causing, and Facilitating the Commission of a Drug Trafficking Felony
(71s)

Outcome: 09/10/2020 903 MINUTE ORDER by Judge Claire V Eagan pursuant to GO 20-24, all criminal jury trials set for September have been continued to the October 19, 2020 trial docket and the time between 9/1/20, inclusive to 10/19/20, inclusive is excluded under the Speedy Trial Act. The 9/17/20 pretrial conference/change of plea remains as set for defendant, Edson Garcia-Velasquez ONLY, setting/resetting scheduling order date(s): ( Pretrial Conference set for 10/8/2020 at 10:00 AM before Judge Claire V Eagan, Jury Instructions, Voir Dire & Trial Briefs due by 10/13/2020, Jury Trial set for 10/19/2020 at 09:15 AM before Judge Claire V Eagan) as to Stille Giovanni Gutier Vivanco, Edson Garcia-Velasquez, Norman Fabian Huerta Avalos, FNU LNU, Jordan Smith, Sean Wasson, Lorenzo Montoya Quintanilla, Sandra Fabiola Flores Martinez, Gabriel Rolon-Vazquez (This entry is the Official Order of the Court. No document is attached.) (crp, Dpty Clk) (Entered: 09/10/2020)
09/10/2020 904 MOTION for Forfeiture for a Forfeiture Money Judgment by USA as to Jose Garcia Solis (Reininger, Reagan) (Entered: 09/10/2020)
09/10/2020 905 ORDER by Judge Claire V Eagan , ruling on motion(s)/document(s): #904 granted, directing forfeiture of property/money (Re: 904 MOTION for Forfeiture for a Forfeiture Money Judgment ) as to Jose Garcia Solis (RGG, Chambers) (Entered: 09/10/2020)
09/10/2020 906 MOTION for Point/Level Reduction by USA as to Brent Moore (McCormick, Joel-lyn) (Entered: 09/10/2020)

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Defendant's Experts:

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