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updated: 8/30/2013 6:11 PM

Elgin man gets 3 years for marijuana possession

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  • Jose J. Hinojoza Gamino

    Jose J. Hinojoza Gamino


The first time Jose J. Hinojoza Gamino was arrested in Kane County, it was in April 2000 on charges of possession of between 2.5 and 10 grams of marijuana -- an amount that is now legal in several states to possess for recreational purposes.

The second time wasn't exactly for personal use.

The 34-year-old Elgin man was arrested in February 2013 on charges of possession with intent to deliver between 2,000 and 5,000 grams of marijuana, or between 4.4 and 11 pounds, according to court records.

Gamino, of the 500 block of E. Chicago Street, pleaded guilty to that felony charge this week, records show, and was sentenced to the minimum prison term of three years by Kane County Judge Karen Simpson.

Gamino pleaded guilty in exchange for prosecutors dismissing more severe charges of manufacture/delivery of cocaine within 1,000 feet of a church, in this case, Grace Methodist Church in Elgin.

That charged carried a prison term of six to 30 years if convicted.

As part of the plea agreement, Gamino also was fined $10,532. Gamino, who did not have any previous felony arrests or convictions in Kane County, also received credit for about six months in jail while his case was pending.

His defense attorney, Timothy Mahoney, did not return a phone message.

Gamino also can have his sentence halved for good behavior in prison.

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