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Description: Fayetteville, Arkansas criminal defense lawyer represented defendant charged with Possession with Intent to Distribute a Controlled Substance and Possession of a Firearm in Furtherance of a Drug Trafficking.

In October 2018, the FBI initiated an investigation into Antonio Hernandez, age 36, while he was incarcerated in the Arkansas Department of Correction, Varner Supermax. The investigation revealed that Hernandez was utilizing a contraband cell phone to operate a drug trafficking organization, which was distributing large amounts of methamphetamine into Northwest Arkansas from the Mexican border. Hernandez was released from the Department of Correction in September of 2021.

On October 18, 2021, while conducting surveillance, detectives with the Fourth Judicial District Drug Task Force observed a known vehicle frequently used by Hernandez leave an apartment complex near his residence. Detectives visually confirmed Hernandez to be the driver of the vehicle. Detectives followed and made contact with Hernandez as he exited the vehicle. Detectives approached and identified themselves as police. During the contact with Hernandez, he was asked if he had any weapons on his person. Hernandez advised he had a gun in his waistband. As one of the detectives was removing the firearm, Hernandez stated, "I've got something else in my pocket." As the detective reached into his pocket to remove some flex-cuffs, Hernandez darted to his left and attempted to flee. He broke free momentarily, but detectives were able to quickly regain control. Hernandez was detained in handcuffs and subsequently searched.

A search of Hernandez's vehicle was conducted. During the search detectives located a backpack containing a box of ammunition and two baggies containing a distribution amount of methamphetamine. In addition, a second loaded magazine for the firearm Hernandez had on his person was found under the driver's seat. In a post-Miranda interview Hernandez advised the detective he had the firearm "for protection."

Hernandez was arrested and taken to the Washington County Detention Center where he has been detained. According to court documents, Hernandez continued to operate his drug trafficking organization from the detention center by using the jail’s phone system.

In addition to the firearm, the United States District Court also held Hernandez accountable for the distribution of 30 kilograms of methamphetamine.

The Fourth Judicial District Drug Task Force and the FBI investigated the case.

Assistant U.S. Attorney David Harris prosecuted the case.

21 U.S.C. § 841(a)(1) and 21 U.S.C. § 841(b)(1)(C) Possession with Intent to Distribute a Controlled Substance (methamphetamine)
(3)
18 U.S.C. § 924(c)(1)(A)(i) Possession of a Firearm In Furtherance of a Drug Trafficking Offense
(4)

Outcome: Defendant was sentenced to 27 years in prison.

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Defendant's Experts:

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