Defendant seeks to pull guilty pleas in drug case

Jose Lopez-Buelna, who once was suspected of helping kidnap a 6-year-old Las Vegas boy, wants to withdraw his guilty pleas to related drug and money-laundering charges.

During a three-week trial, federal prosecutors tried to prove that Lopez-Buelna and Luis Vega-Rubio had kidnapped Cole Puffinburger as revenge after the boy's grandfather ran off with $4.5 million in drug money. The trial came to an end in February when prosecutors dropped all kidnapping charges as part of plea negotiations with the two defendants.

Lopez-Buelna pleaded guilty to conspiracy to distribute a controlled substance, conspiracy to launder money and two counts of money laundering.

According to the plea agreement, the defendant was informed that a mandatory minimum sentence of 10 years applies to the drug charge.

But in a handwritten motion filed Thursday, Lopez-Buelna said his attorney, Robert Draskovich, told him he was facing a prison term of 10 years or less. The defendant now fears he is facing a life sentence.

"Therefore, I have no incentive to take a plea under these terms," he wrote.

"In addition, much of the conduct attributable to me is false. Therefore, I cannot voluntarily proceed with this plea agreement without perjuring myself before this court."

U.S. District Judge Gloria Navarro is scheduled to sentence the defendant Tuesday morning.

"At this point in time, I don't foresee it being continued," Draskovich said late Friday.

The plea agreement was translated into Spanish for the defendant, the lawyer said, and Navarro "painstakingly explained to him the terms and the possible sentences."

"I feel comfortable the judge will arrive at the appropriate sentence," Draskovich said.

The lawyer said prosecutors are recommending a 30-year term based on their conclusion that Lopez-Buelna conspired to distribute at least 150 kilograms of cocaine.

Draskovich said prosecutors have not proved that fact, and he plans to argue for a 10-year sentence. In the plea agreement, Lopez-Buelna admitted that he conspired to distribute 5 or more kilograms of cocaine.

During the trial, prosecutors alleged Lopez-Buelna ran a Mexican drug cartel's operations from Las Vegas. Draskovich said the defendant has a wife in Mexico.

In a document filed Friday, prosecutors argued that evidence presented at trial proved that Lopez-Buelna "conspired with others to transport and distribute large amounts of cocaine."

"There is also proof, by a preponderance of the evidence, that the drug transportation organization actually transported and distributed at least 180 kilograms of cocaine during one trip, at the request of and under the supervision of the defendant," prosecutors wrote.

Vega-Rubio was sentenced last month to about three years in prison.

The Los Angeles man previously pleaded guilty to one count of interference with commerce by threats or use of fear. He admitted writing and delivering a threatening note to Cole's family in July 2008.

Cole's disappearance on Oct. 15, 2008, drew national headlines. At trial, defense lawyers accused the boy's mother and grandmother of staging the kidnapping to lure his grandfather out of hiding with the missing drug money.

Navarro has said prosecutors failed to prove that Cole was kidnapped.

Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-384-8710.