April 3, 2010 - Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, today announced that a federal grand jury in Cleveland returned an indictment on March 31, 2010, charging Jose Ray Elizondo, aka Pappacito, age 69, Juan Carlos Elizondo, aka Juan Elizondo Rodriguez, age 29, of Auburn Hills, Michigan, and Robert Spivey, age 38, of Mineral Wells, Ohio, with conspiracy to distribute and to possess with intent to distribute over 100 kilograms of marijuana in the Stark County, Ohio, area.
If convicted, the defendants’ sentences will be determined by the court after review of factors unique to this case, including the defendants’ prior criminal records, if any, the defendants’ roles in the offenses and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigation preceding the indictment was conducted by the Stark County Sheriff’s Office, Canton Police Department, Louisville Police Department, North Canton Police Department, Ohio Bureau of Criminal Identification & Investigation, the Federal Bureau of Investigation, and the Drug Enforcement Administration. The matter was presented to the grand jury by Assistant United States Attorney Robert E. Bulford.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
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