Trafficking in Narcotics—Drug Tunnel

An arrest has been made regarding the massive tunnel that was found in Otay Mesa, California.^[1] The tunnel was discovered by Mexican authorities late last week.^[2] Stretching more than kilometer, and going more than 85 feet under ground, the five-foot diameter tunnel was “discovered after being alerted by US authorities who had uncovered the other end of the tunnel in a warehouse.”^[3] The tunnel was lined with concrete and its passageway had electricity and ventilation.^[4]Two tons of marijuana and vehicles were found in the Tijuana, Mexico warehouse where the tunnel originates.^[5] More than 20 transnational tunnels have been uncovered since September 11, 2001.^[6]

The suspect who has been arrested in connection to the tunnel is a Mexican national, whose identity is not being released at this time.^[7] He was taken into custody by ICE agents on Saturday, and is expected to make his initial appearance in San Diego this afternoon on charges of conspiring to import a controlled substance.

Drug importation conspiracy is a crime under 21 U.S.C. §§ 952 and 963. Under section 963, any person who conspires to commit an offense under section 952 will be punished in the same manner as if he had actually committed the offense. Section 952 makes it a crime for a person to import a controlled substance into the United States. A successful prosecution of this offense requires proof (1) that the substance was imported; (2) that it was imported knowingly and willfully; and (3) that the defendant willfully associated himself with the importation venture. United States v, Probert, 737 F. Supp. 1006, 1008 (E.D. Mich. 1989). For a conspiracy, however, no drugs actually need to enter the country because drug conspiracies do not require overt acts.

The punishment for a violation of this magnitude, (i.e., more than 1,000 kilograms of a mixture or substance containing a detectable amount of “marihuana” ^[8]) is no less than 10 years in prison, and as much as life.^[9] Furthermore, the defendant can be fined US$4,000,000.^[10] He is subject to both punishments.^[11]

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[1] ICE, ICE Announces Arrest in Multi-Agency Tunnel Probe, Jan. 30, 2006.
[2] Mexico Finds Drug Tunnel Extending from Tijuana to California, Jan. 26, 2006.
[3] Id.
[4] US Dept. of State, U.S. Uncovers Large Drug Tunnel at California-Mexico Border, Jan. 26, 2006.
[5] Id.
[6] Id.
[7] ICE, supra note 1.
[8] 21 U.S.C. § 841(b)(1)(A)(vii).
[9] Id. § 841(b)(1)(A).
[10] Id.
[11] Id.