MEXICAN CITIZEN CONVICT OF POSSESSING 881 KG OF MARIJUANA

McALLEN, TX - Noe Bustos-Nunez, 28, a citizen of Mexico, was convicted of both counts of a two count indictment for conspiring to possess with the intent to distribute and for possessing with the intent to distribute 881 kilograms of marijuana, United States Attorney Donald DeGabrielle announced today.

Bustos-Nunez was found guilty by a McAllen jury of the two federal drug counts today after approximately two days of testimony and nine hours of deliberation. Noe Bustos-Nunez, who was arrested on June 13, 2006, has been in federal custody since the time of his arrest and will remain so pending sentencing.

At trial, the United States presented evidence that on May 1, 2006, McAllen Police Department Investigators, acting on a Crime Stoppers tip, began surveillance of a drug stash house at N. 39th Street in McAllen, Texas. The United States further showed that on approximately June 5, 2006, Noe Bustos-Nunez arrived in McAllen, Texas, and went to the stash house. The house was run by his nephew Sabas Perez-Bustos and his uncle Gustavo Bustos-Nunez, who were co-defendants. A third co-defendant, Marcelino Alvarez, worked and lived at the stash house. All three of the co-defendants entered pleas of guilty prior to trial. In the days following June 5, 2006, evidence proved that Noe Bustos-Nunez assisted in the unwrapping and re-wrapping of bundles of marijuana while at the stash house.

On June 13, 2006, McAllen Police Department Investigators, approached the stash house in an attempt to make contact with the residents. At the time that they approached the stash house, Gustavo Bustos-Nunez and Noe Bustos-Nunez were leaving in a vehicle. It would later be discovered that this vehicle along with a pickup truck, found in the garage and containing marijuana residue, were both registered to Noe Bustos-Nunez. A subsequent search of the house resulted in the discovery of kilogram quantities of marijuana. The evidence at trial further proved that on the morning of June 13, 2006, Noe Bustos-Nunez, at the direction of Sabas Perez-Bustos, cut a sample from one of the 97 bundles and delivered it to an unknown person outside of a local department store. After his arrest and transfer to agents of the Federal Bureau of Investigation, Noe Bustos-Nunez provided a hand written statement wherein he admitted that he had delivered a sample of marijuana to an unknown individual at a local department store at the direction of Sabas Perez-Bustos.

Sentencing is set for December 28, 2006, and Noe Bustos-Nunez faces a mandatory minimum sentence of five (5) years and a maximum sentence of 40 years in federal prison, without parole, and a fine of $2 million.

The investigation leading to this July 2006 indictment was conducted by the Federal Bureau of Investigation and the McAllen Police Department. The case is being prosecuted by Assistant United States Attorney Steven T. Schammel.