SATURDAY, JANUARY 5, 2008 CRIME & MORE LAREDO MORNING TIMES | 5A Feds say Laredo Dentist appeals ruling by judge man a smuggler By JASON BUCH LAREDO MORNING TIMES day. “It’s difficult to read, diffi- cult to understand and written in very broad terms.” prosecutable offense. By attempting to regulate which surgeries certain sur- tution that limits states’ abili- ties to regulate interstate com- merce, does not apply to the By JASON BUCH crime, however, it would not have Attorneys representing a den- Morales-Ryan is qualified to geons are allowed to perform, regulation of medicine when LAREDO MORNING TIMES resulted in any loss of revenue for tist accused of practicing medi- perform oral and maxillofacial the state code is attempting to such regulation applies to pub- the United States, Sosa said. cine without a license have said surgery, or cosmetic surgery on regulate interstate commerce as lic safety. A Laredo man arraigned in Immigrations and Customs En- they will appeal a judge’s ruling the face. Prosecutors contend that well, the brief claims. Morales- Salinas Ender agreed with federal court Friday is accused of forcement and Mexican Customs about the constitutionality of the he was not qualified to perform Ryan uses tools from other states Treviño and denied the writ. Os- violating a 2006 law that pertains conducted a joint investigation that statute their client is charged un- the breast augmentation, ab- and practices outside of Texas car O. Peña filed a notice of ap- to smuggling goods out of the resulted in Cantu’s Dec. 27 arrest, der. dominoplasty and liposuction on patients who are not Texans, peal on Dec. 2, alerting prosecu- United States. according to a media release from In November, 341st District operations several women say he making his business interstate tors and the court that Salinas Gerardo Cantu, 45, is charged the U.S. Attorney’s Office in Hous- Judge Elma Teresa Salinas Ender performed on them in his clinic. commerce, Peña said. Interstate Ender’s decision will go to the with 46 counts of fraudulently and ton. The two agencies are part of a denied a request for habeas cor- The statute Morales-Ryan is commerce can only be regulated Fourth Court of Appeals in San knowingly facilitating the trans- Joint Task Force, initiated last year pus by attorneys representing accused of violating is part of the by the federal government, he Antonio. portation, concealment and sale of in accordance with the Customs Carlos Morales-Ryan, a Laredo Texas Occupations Code, not the said. Assistant District Attorney merchandise from the United States Mutual Assistance Agreement dentist. Code of Criminal Conduct. In his answer, Assistant Dis- Melinda Vidaurri-Galvan said to Mexico. Prosecutors allege that Mexico and the United States Morales-Ryan is charged with Prosecutors abandoned four trict Attorney Jorge Treviño ar- Friday that the case is on hold Cantu used a false North Ameri- signed in 2001, the release states. nine counts of practicing medi- of the counts against Morales- gued that Morales-Ryan was not until the appeal is resolved. can Free Trade Agreement Certifi- “Textile transshipment fraud in cine without a license. Oscar O. Ryan related to rhinoplasty or a licensed to perform cosmetic If Salinas Ender’s ruling is cate of Origin that identified fabric Mexico continues to be a major Peña and Oscar J. Peña Sr., “nose job.” surgery beyond what is consid- overturned, Vidaurri-Galvan said he was shipping into Mexico as hav- concern since Mexico entered the Morales-Ryan’s lawyers, in Sep- His attorneys argue that the ered maxillofacial surgery and her office would have to re-eval- ing been manufactured in the Unit- new world economy of global com- tember filed a writ of habeas cor- statute, which they say defines had violated the law by doing so. uate the indictment. ed States when, in fact, the fabric merce,” Mexican Customs official pus, which is a civil action, claim- surgeons as physicians and physi- Furthermore, Treviño wrote, (Jason Buch may be reached had been manufactured in China. Jesus Fernandez stated in the me- ing that the statute Morales-Ryan cians as surgeons, leaves too the dormant commerce clause, at 728-2547 or by e-mail at A Dec. 18 indictment lists 46 dia release. “High import duties was charged under is too vague many questions about what is a an interpretation of the Consti- firstname.lastname@example.org) transactions last year in which and quotas for Chinese textile im- and violates the dormant com- Cantu allegedly made shipments ports are a big incentive not only merce clause of the U.S. Consti- totaling tens of thousands of rolls for corrupt businessmen, but or- tution. of Chinese-made fabric to Mexico. ganized crime. Every year Mexi- Based on that argument, the Cantu’s attorney, Fausto Sosa, said can Customs authorities seize hun- attorneys asked Salinas Ender to the allegations are not true, and his dreds of truckloads of merchandise prohibit Morales-Ryan’s prose- client entered a plea of not guilty. to include rolls of textiles.” cution. Cantu was forwarding merchan- If convicted, Cantu would face a “The law under which he’s be- dise he received to Mexico, Sosa maximum prison sentence of 10 ing prosecuted is seldom-used, said, and had no knowledge of any years and a $250,000 fine. He was poorly written and woefully am- crime. If someone had committed a released Friday on a $100,000 bond. biguous,” Oscar O. Peña said Fri- THE BLOTTER WARRANTS SERVED MeadowAvenue was burglarized,according reported stolen from the 1100 block of Scott Eladio Becerra, Jr., 25, was arrested to a report filed with police at about 8:03 Street at about 12:50 p.m. Thursday at about 10:32 a.m. in the 3100 p.m. on Thursday. The unit’s reported value is $2,850. block of South Ejido Avenue. He was served Items reported stolen were some old A theft was reported from Holi- with an outstanding warrant for a charge of coins and a gold chain, with a total value of day Inn, in the 800 block of Garden delivery of marijuana. $400, and a heater valued at $20. Street, at about 6:26 a.m. on Thurs- Becerra,who resides at 2335 S.Bartlett A building in the 800 block of Aveni- day. Ave., was taken to the Laredo Police De- da Los Presidentes was burglarized, ac- Items reported stolen were a lug- partment for booking procedures,then held cording to a report filed with police at about gage rack worth $70, assorted clothing at the Webb County Jail. Bond was set at 7:39 a.m. on Thursday. worth $2,000 and shoes valued at $10,000. The front gate outside the building was $400. Humberto Gonzalez, 34, was arrest- ripped off its hinges, and the front door ed Thursday at about 10:50 p.m. in the was broken in half, according to the police ILLEGAL IMMIGRANTS 2800 block of San Salvador Street. He was report. Border Patrol agents with the Lare- served with an outstanding warrant, issued Martha’s Beauty Center, in the 2200 do North station found illegal immigrants in by a Frio County official, for a charge of fail- block of North Seymour Avenue, was bur- an 18-wheeler at the checkpoint on Inter- ure to appear in court. glarized, according to a report filed with state 35, said Chuck Prichard, a Border Pa- He was booked at the Laredo Police De- police at about 9:17 a.m. on Thursday. trol spokesman. partment, then held at the Webb County A cash register,valued at $300,was re- A Border Patrol canine signaled that Jail. Bond was set at $2,000. ported stolen. the truck contained contraband, and agents then found nine illegal immigrants BURGLARY THEFT in an otherwise-empty trailer, Prichard A home in the 2600 block of North A four-ton air conditioning unit was said.