Source: The Midland Reporter-Telegram
Contact:  http://www.mrt.com/
Pubdate: Tue, 28 Jul 1998
Author: Alice Ashmore

ATTORNEY PLEADS GUILTY TO DRUG-RELATED CHARGES

PECOS - A plea agreement from Odessa defense attorney Jose Antonio "Tony"
Chavez was filed Monday in the U.S. District Clerk's Office in Pecos.

Chavez was indicted on drug-related charges by a federal grand jury in
Pecos on June 12.

According to the plea agreement, Chavez will plead guilty to one count of a
42-count, multiple-defendant indictment.

Chavez is pleading guilty to count 27 of the indictment, which charges
Chavez with "knowledge that offenses against the United States had been
committed by Raul Gardea-Luna, that is, possession of marijuana with intent
to distribute."

The agreement states that Chavez acted as an accessory after the fact, and
"did provide comfort, relief and assistance to Raul Gardea-Luna in order to
hinder and prevent his apprehension, trial and punishment."

Chavez's involvement stems from two marijuana transactions from the Mexican
border into the Midland/Odessa area, according to court documents. The
marijuana transactions took place in January 1997, and totaled 581 pounds,
less packaging.

As a result of his plea agreement to the felony offense, Chavez could
forfeit his right to practice law.

"That is the normal procedure, that when an attorney is convicted of a
felony offense that the state Bar will initiate revocation proceedings,"
said State District Judge John Hyde. He added that attorneys can seek to
have their license restored after five years, and must pass the state bar
exam again.

The plea agreement states that Chavez will receive a two-point upward
adjustment in his sentence (according to federal sentencing guidelines) for
"abuse of a position of trust or special skill."

It was also determined that Chavez was entitled to a three-point downward
adjustment "because of his acceptance of responsibility under the terms of
this plea agreement."

Guilty pleas were also filed on behalf of Raul "Pinqui" Gardea-Luna and his
wife, Josie Ann Gardea. The indictment alleges that Gardea-Luna was a
smuggler/trafficker of controlled substances from Mexico into the United
States.

A guilty plea was also entered by Moises "Boy" Hernandez, a private
investigator for the Chavez law firm. Hernandez also pleaded guilty to
count 27 of the federal indictment.

U.S. District Judge Lucius D. Bunton III is scheduled to sentence the four
Aug. 3 in Pecos.

After his sentencing on count 27 of the indictment, the remaining charges
against Chavez will be dismissed. He was named in eight counts, including
conspiracy, obstructing justice and laundering the proceeds of drug
transactions.

Adrian Chavez, Tony Chavez's son, had previously told the Reporter-Telegram
that the charges were not true and that he expected his father to be
vindicated.

The son claims that his father was implicated by a disgruntled client who
made false allegations to authorities. Tony Chavez had represented the
woman in a drug case in which she was convicted. 

c. 1998 The Midland Reporter-Telegram
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Checked-by: Richard Lake