CEDAR CITY — A man who pleaded guilty to a drug trafficking charge in a case involving 1,000 fentanyl pills has received a prison sentence of 1-15 years.
Juan Daniel Valencia, 28, was sentenced on Monday by 5th District Judge Matthew L. Bell.
As previously reported in St. George News / Cedar City News, Valencia was riding in the back seat of a vehicle that was pulled over for a brake light violation by a Utah Highway Patrol Trooper in Cedar City on the night of April 19. A subsequent search of the vehicle yielded approximately 1,000 fentanyl pills that were found in a bag inside the car’s center console.
The following month, on May 23, Valencia pleaded guilty to one count of possession of a controlled substance with intent to distribute, a second-degree felony. Three lesser charges, namely misdemeanor counts of possession of drugs and paraphernalia and a traffic infraction for a seat belt violation, were dropped as part of a plea agreement.
During Monday’s sentencing which was conducted via videoconference, Valencia and his lawyer both asked that he be given another opportunity for probation.
Defense attorney Jeffery Slack asked the judge to consider imposing a sentence involving “anything from being released now to doing a full year in jail and then being released to probation … something along those lines, rather than going straight to prison.”
Valencia himself then briefly addressed the court, saying, “I would just like to say I would like another chance.”
“Let me ask you about that, Mr. Valencia,” Bell replied. “Because I’ll tell you what’s really concerning me. This (pre-sentencing) report categorizes you as an intensive risk of reoffending and I understand why. You were convicted of this same charge, I think less than a year ago, and here you are back on another drug distribution.”
“So you’ve got another chance,” Bell continued. “You were out of custody. And here you are, with a distribution offense involving 1,000 fentanyl pills. So, didn’t you get another chance? And you … just went right back to it.”
Bell also pointed to a separate felony weapons charge for which Valencia had been convicted a few years ago.
“You were given some probation. And then, I think, later that same year, you picked up a couple of new charges, too,” Bell said. “It doesn’t look like you’ve done very well. You’ve gotten some chances at probation, but it looks like you go right back to it.”
“That’s what concerns me,” Bell said. “I know you’d like another chance. But I’m asking you why you haven’t taken advantage of the chances you’ve been given already.”
Prosecutor Trajan Evans then argued that Valencia should be sent to prison, citing the defendant’s “intensive risk to re-offend” and his previous unsuccessful probation stints.
Evans also addressed Valencia’s apparent attempts to downplay his involvement.
“This wasn’t his first time, nor was he just a passenger in the wrong place at the wrong time,” Evans said, noting that the vehicle in question was registered to Valencia.
Evans also said this indicates a pattern with Valencia.
“As the court has highlighted, most troubling to the state, he was awaiting sentencing in Juab County for trafficking pounds of methamphetamine,” Evans said, adding that the sentencing for that case was scheduled to have taken place within a week of his arrest in Cedar City.
Just before he handed down the sentence, Bell indicated he was in agreement with prosecutors, saying to Valencia that he didn’t think he deserved another chance at this point.
“Unfortunately for you, I guess, you were caught, but fortunately for society, those drugs were intercepted and now you have to be held to account for all the reasons that have been stated,” Bell added. “I’m going to impose one to 15 years in Utah State Prison.”
The exact length of Valencia’s sentence ultimately will be decided by the Utah Board of Pardons, Bell noted.
The court also imposed a $2,500 fine and a $53 security fee and told Valencia that he has 30 days to file an appeal, if he so chooses.
Meanwhile, Valencia’s co-defendant, the man who was allegedly driving the car during the April 19 traffic stop, also appeared before Bell during a waiver hearing on Monday. Joshua Leo Marlow, 20, faces multiple charges, including drug possession with intent to distribute, possession of drugs and paraphernalia and driving on a suspended license. Marlow’s preliminary hearing has been scheduled for Aug. 1.
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