A Mexican citizen reputed to be a large-quantity methamphetamine distributor in Little Rock was sentenced to 10 years in federal prison Friday as part of a guilty plea earlier this year to one count of conspiracy to distribute methamphetamine.
Jose Aguirre-Garcia was indicted along with a co-defendant, April Henson, last February on one count each of conspiracy and drug distribution following an investigation by the Drug Enforcement Administration and Lonoke County sheriff's office. Aguirre-Garcia pleaded guilty to the conspiracy count on Aug. 26 before U.S. District Judge Susan Webber Wright in exchange for the government's agreement to dismiss the distribution count against him.
Aguirre-Garcia was escorted into court Friday by a U.S. Marshal escort, handcuffed, shackled and wearing a yellow jumpsuit. He was accompanied by his attorney, Nicki Nicolo of North Little Rock and an interpreter.
According to a probable cause affidavit filed Jan. 8 by the DEA, a confidential source for the Lonoke County sheriff's office contacted the agency and the DEA to advise that he could buy methamphetamine from Aguirre-Garcia, the brother of Gabriel Aguirre of Michoacan, Mexico, a multikilogram source of methamphetamine.
Gabriel Aguirre is currently named in three separate federal indictments on drug trafficking counts in the Eastern District of Arkansas and has been placed on fugitive status.
According to the affidavit, investigators arranged two drug buys. One was for 4 ounces, using Henson as a go-between; another was for 1 kilogram and a controlled delivery 0f 3 kilograms to a Little Rock address that resulted in the positive identification of Aguirre-Garcia -- also known as "Kukin" -- as a major supplier of Central Arkansas' methamphetamine brought in from Mexico.
Because the guideline sentencing range for Aguirre-Garcia's offense -- calculated to be between 87-108 months in prison -- fell below the statutory range of 10 years to life in prison, Wright elected to sentence Aguirre-Garcia to 10 years, raising no objection from Assistant U.S. Attorney Kristin Bryant or Nicolo.
"This defendant is facing a mandatory minimum of 120 months," the judge said. "I don't believe he qualifies for the safety valve, but if anyone wants to put an argument on the record, go ahead. I just don't see how he could be."
The federal safety valve allows judges to sentence defendants who meet certain criteria to terms below the mandatory minimum.
"We believe a sentence of 10 years in this case, which is the statutory minimum, is appropriate," said Bryant. "The court can see that Mr. Aguirre-Garcia was on supervised release for a similar offense in this court when he was arrested ... so we believe a sentence of 10 years is sufficient in this case."
"I concur with that, Your Honor," Nicolo said.
In addition to the 10-year prison sentence, Wright sentenced Aguirre-Garcia to a term of five years of supervised release, noting that he is likely to be deported to Mexico as soon as he is released.
"A special condition of your supervised release will be that you not return illegally during your five years of supervised release," Wright told the defendant. "If you do return illegally, it will be considered a violation of your supervised release."
Henson pleaded guilty Nov. 5 to one count of distribution of methamphetamine and is awaiting sentencing. She faces up to 10 years in prison.