Drug Trafficking Tunnels—Architect Convicted

A federal jury in Tucson has convicted Felipe de Jesus Corona-Verbera on drug smuggling charges for overseeing the “construction of a 200-foot drug tunnel that extended from a residence in Agua Prieta, Mexico, to a warehouse in Douglas, Ariz[ona].”^[1] Mr. Corona-Verbera, an architect, designed “the most sophisticated cross-border tunnel found to date. The concrete-lined tunnel had elaborately hidden entrances and a series of pumps to keep it clear of water.”^[2]

In 1990, 2.037 pounds of cocaine were seized in Phoenix, which led to the discovery of the tunnel, and Mr. Corona-Verbera “was a fugitive until his arrest in 2003 in Mexico,” from where he was then extradited.^[3] According to federal authorities, he was the architect for the Guzman Drug Trafficking Organization and allegedly designed other structures for Joaquin Guzman, “also known as ‘El Chapo.’”^[4] Those structures “include residences in Mexico with hidden rooms that were used to hide money, drugs and weapons. Entry into those rooms was through the floor or hidden entrances, often through the use of hydraulics.”^[5]

As we mentioned over a month ago, prosecution for drug tunnels are conducted under the drug trafficking conspiracy statutes, though that may change if a new anti-drug tunnel law is enacted.

Drug trafficking conspiracies are punished under 21 U.S.C. § 846, making it illegal to conspire to violate the United States’ drug laws. While an overt act makes it easier for the government to convict an individual of conspiracy, there is no such requirement in section 846.^[6]

The statutory punishment for possession of more than 2,000 pounds (about 1,000 kilograms) of cocaine is no less than 10 years in prison, a fine of up to $4 million, or both.^[7] If Mr. Corona-Verbera has a prior felony drug conviction, the statutory minimum sentence is 20 years in prison, and he can be fined up to $8 million.^[8]

---

[1] Alexis Huicochea, Architect Linked to Drug Tunnel is Convicted, Arizona Daily Star, Mar. 31, 2006.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] United States v. Shabani, 513 U.S. 10 (1994).
[7] 21 U.S.C. § 841(b)(1)(A).
[8] Id.