Everett MS-13 member gets 29 months for pot dealing

A federal judge today sentenced Rutilio "Pantera" Portillo, 34, to 29 months in federal prison after he admitted he violated the federal RICO statute and sold marijuana.

Portillo, a native of El Salvador and a leader of MS-13's Everett Locos Salvatrucha "clique," is subject to deportation at the end of his sentence.

US District Court Judge F. Dennis Saylor's sentence is a slight reduction from the 30 months federal prosecutors called for.

Portillo's lawyer asked for 27 months. In a sentencing memorandum, Eric Tennen argued for the slight leniency by saying Portillo had only minimal involvement with the gang and that he was only involved with it because life on the streets would be more dangerous otherwise:

He was not, however, responsible for the numerous violent acts others did. In all the time the government recorded and monitored the numerous defendants, Portillo was never present at any of the meetings or on any phone calls. The lone recordings of him involve conversations with an informant looking to buy marijuana; Portillo complied, and helped arrange that sale. Portillo then spoke of the minimal ways in which he still participated with MS-13. He would talk to young recruits, he would help organize sending money back to El Salvador, and he contributed some of the small profits from selling small amounts of marijuana. That was it.

Tennen added that Portillo suffered serious injuries when he was jumped by members of a rival gang while being held in a federal prison awaiting trial on the MS-13 charges - and that he once had legal status to stay in the US, but forgot to renew that, which led to his first deportation.

Federal prosecutors, however, said his background in the gang painted a darker picture. To start, he wasn't just some recruit, but a gang "homeboy," a position he normally could only attain through a murder or other act of extreme violence, the feds wrote in their own sentencing memorandum:

In this case, the government has been unable to prove the commission of any act of violence by this defendant that will increase his guideline range above the minimum RICO level, but that does not negate the fact that the defendant is a homeboy in MS-13, which is a highly troubling factor that warrants significant punishment and deterrence.

Second, although the government was unable to prove an individual act of violence by the defendant in furtherance of the conspiracy, it is clear that he had knowledge about MS-13 members committing violence ... and he played a prominent role in selling marijuana on behalf of MS-13, which funded the activities of the ELS clique. ... The government also uncovered evidence of the defendant’s interactions with, and knowledge of, leadership in El Salvador.

Third, although the government is not seeking a leadership enhancement for role in the offense, it is clear that the defendant played a role in grooming, encouraging, and directing younger members of MS-13. ... The government is not seeking an enhancement for use of minor either, but again, the grooming of younger members into a gang known for such violence is a compelling sentencing factor that supports the government's recommendation.

Fourth, and relatedly, it is clear that the defendant was familiar with, and involved in, internally disciplining members of the ELS clique ... and the evidence separately shows that the ELS clique was one of the largest and most violent MS-13 cliques operating in Massachusetts.

Portillo was one of 61 people rounded up in 2016 raids by federal and local authorities. Most have since either been found or pleaded guilty.