Narcotics Trafficking—Puerto Rico

Immigration and Customs Enforcement [hereinafter ICE] officials in Puerto Rico have seized more than two kilograms of heroin and 400 kilograms of cocaine in two separate incidents.^[1] Dianneris Rodriguez, a citizen of the Dominican Republic, was arrested at the Mayaguez, Puerto Rico port-of-entry.^[2] She stated she had nothing to declare, but “her suspicious behavior” prompted officials to conduct a thorough search of her vehicle, where they found 2.53 kilograms of heroin.^[3] The ICE press release, as of this writing, states that she was charged with violations of 18 U.S.C. § 841 and 952. It is unlikely, as we will show in a moment, that this is accurate.

Three other citizens of the Dominican Republic and one citizen of Venezuela were arrested for attempting to smuggle more than 400 kilograms of cocaine through Fajardo, Puerto Rico.^[4] Sebastian Pita-Almonte, Luis R. Reyes-Gomez, Teodoro Miranda-Severino, and Ramon Graterol-Rodriguez, were arrested when a patrol aircraft spotted their suspicious “yola” near Fajardo, Puerto Rico.^[5] A search of their vessel yielded 16 bales of cocaine.^[6] The press release states that the four men were charged with 18 U.S.C. §§ 841, and 846, but, again, this is unlikely.

18 U.S.C. § 841 codifies various definitions related to the importation, manufacture, distribution, and storage of explosive materials. If explosives were at issue in the case, surely they would have been mentioned. Furthermore, definitions are not crimes with which a person can be charged. 18 U.S.C. § 846 relates to the power of the Attorney General to inspect the site of a fire or explosion, and to create a national repository of arsons. This statute does not contain a crime with which a person can be charged. Finally, 18 U.S.C. § 952 relates to diplomatic codes and the unlawful transfer of those codes to third parties. Nothing in the press release relates to such behavior.

More likely, the individuals are charged under 21 U.S.C. §§ 841, 846, and 952.

Section 841 states that is unlawful for a person to possess with intent to distribute a controlled substance.^[7] The punishment for violating this section with more than one kilogram of heroin,^[8] or more than five kilograms of cocaine,^[9] is imprisonment for no less than 10 years and no more than life, up to $4,000,000 in fines, or both.^[10]

Section 846 states that any person who attempts or conspires to commit any of the drug offenses will be punished as if he had committed the offense.

Section 952 states that it is unlawful for a person to import any controlled substance or narcotic drug into the United States. Punishment of section 952 falls within the rubric found in 21 U.S.C. § 960, which states that any person who knowingly imports more than one kilogram of heroin, can be punished with imprisonment for no less than 10 years and as much as life, a fine of up to $4,000,000, or both.^[11]

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[1] ICE, ICE Seizes More than 2 Kilos of Heroin and 400 Kilos of Cocaine in Puerto Rico, Sept. 20, 2005, available here.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] 21 U.S.C. § 841(a)(1).
[8] Id. § 841(b)(1)(A)(i).
[9] Id. § 841(b)(1)(A)(ii).
[10] Id. § 841(b)(1)(A).
[11] 21 U.S.C. § 960(b)(1)(A).