United States Drug Enforcement Administration

FRESNO, Calif. - A federal grand jury returned a single count indictment Thursday charging Douk Duke Pen, 33, of Fresno, with cultivating and possessing marijuana with the intent to distribute it, Drug Enforcement Administration Special Agent in Charge Anthony D. Williams and United States Attorney Benjamin B. Wagner announced.

According to court documents, on September 28, 2012, a federal search warrant was executed at a residence near St. Helen’s School in Fresno. Approximately 95 pounds of processed marijuana and 160 marijuana plants were seized and Pen was arrested. According to court documents, the marijuana was intended for sale outside California.

This case is the product of an investigation by the Drug Enforcement Administration and the Fresno Police Department. Assistant United States Attorney Kevin Rooney is prosecuting the case.

If convicted, Pen faces a maximum statutory penalty of 40 years in prison. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

The charges are only allegations and the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.