Northern District of Iowa

A man who conspired to distribute fentanyl was sentenced today to more than 10 years in federal prison.

Johnathan Davis, age 30, from Chicago, Illinois, received the prison term after a January 23, 2023 guilty plea to conspiracy to distribute a controlled substance.

Evidence at the plea and sentencing hearings showed that law enforcement utilized a confidential source or undercover officer to conduct a series of controlled buys of purported heroin from Melvin Williams.  During the controlled buys, Davis provided Williams with fentanyl which Williams in turn distributed to the confidential source or undercover officer.  In late March 2022, Davis distributed an amount of fentanyl to Williams, who in turn distributed it to another person, which caused the person to suffer an overdose and die.  Then, in early April 2022, Williams distributed fentanyl he had received from Davis to Justin Jensen, who in turn distributed it to another person, which caused the person to suffer an overdose and crash their car on a highway in Waterloo.  On May 26, 2022, law enforcement officers searched a vehicle associated with Davis and located 200.59 grams of fentanyl.

Davis was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Davis was sentenced to 130 months’ imprisonment.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.

Davis is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Dillan Edwards and Special Assistant United States Attorney Adam J. Vander Stoep and was investigated as part of the Northern Iowa Heroin Initiative and the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Federal Bureau of Investigation; the Tri-County Drug Enforcement Task Force consisting of the Waterloo Police Department, Cedar Falls Police Department, Black Hawk County Sheriff’s Department, Evansdale Police Department, Waverly Police Department, Hudson Police Department, La Porte City Police Department, and the Bremer County Sheriff’s Department; and the Iowa Division of Narcotics Enforcement.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-CR-02034.

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An office manager who stole over $200,000 from her employer, a Northeast Iowa tax preparation business, pled guilty July 19, 2023, in federal court in Cedar Rapids.

Heather Leigh Migliore, age 51, from Waukon, Iowa, was convicted of one count of wire fraud.

At the plea hearing, and in a plea agreement, Migliore admitted that, from January 2015, through November 2021, she stole no less than $200,000 from her employer, a tax preparation business with offices in Waukon and Decorah, Iowa.  Migliore was the business’s office manager and had responsibility for its finances, including making payroll and paying bills.  Migliore used a signature stamp of the owner of the business to write and sign checks to herself.  To cover up her scheme, Migliore then deleted the checks from the business’s electronic bookkeeping system.  Beginning in July 2019, Migliore also made over $20,000 in fraudulent credit card charges on the business’s credit cards.  Migliore used the stolen funds to pay her personal expenses. 

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Migliore remains free on bond.  Migliore faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, and three years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Timothy L. Vavricek and was investigated by the Winneshiek County Sheriff’s Office. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 23-CR-1015. 

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Darwin Robinson, Jr., age 45, from Carroll, Iowa, was convicted of illegally possessing a firearm and possessing methamphetamine with intent to distribute.  Robinson pled guilty July 20, 2023, in federal court in Sioux City.

Robinson was previously convicted of cocaine-possession and three domestic abuse assaults which prohibited him from possessing firearms.

At the plea hearing, Robinson admitted that he had these convictions and that he was a regular user of methamphetamine and possessed a .40 caliber handgun.  On March 22, 2021, law enforcement stopped the vehicle Robinson was driving and officers seized two small bags of methamphetamine from Robinson and a loaded .40 caliber handgun from the vehicle.  Robinson admitted that he planned on selling some or all the methamphetamine that was found. 

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Robinson remains in the custody of the United States Marshal pending sentencing.  On the firearm conviction, Robinson faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, and not more than three years of supervised release following any imprisonment.  Robinson faces a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, and three years up to life of supervised release on the possession with intent to distribute conviction.

The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Division of Narcotics Enforcement, Carroll, Iowa Police Department, Iowa DCI Criminalistics Laboratory, and Bureau of Alcohol, Tobacco, Firearms and Explosives. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 23-3002. 

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A man who sold cocaine and heroin near Loras College in Dubuque, Iowa, was sentenced on July 19, 2023, to more than four years in federal prison.

Rashaun Carter, age 46, from Lynwood, Illinois, received the prison term after a November 23, 2022 guilty plea to one count of conspiracy to distribute heroin and cocaine within 1000 feet of Loras College.

At the guilty plea, Carter admitted he was involved in the distribution of heroin and cocaine out of a house located near the Loras College campus in Dubuque in 2017 and 2018.  In January 2018, Dubuque Drug Task Force Officers stopped Carter and others as they returned from Chicago with over 300 grams of cocaine that was to be sold in Dubuque.

Carter was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Carter was sentenced to 51 months’ imprisonment and must also serve a six-year term of supervised release after the prison term.  There is no parole in the federal system.

Carter is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Patrick Reinert and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Dubuque Drug Task Force comprised of the Dubuque Police Department and the Dubuque County Sheriff’s Office. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-CR-01021.

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A man who possessed a firearm while distributing methamphetamine was sentenced today to over eight years in federal prison.

Michael David Dalluge, age 28, from Mason City, Iowa, received the prison term after a February 17, 2023 guilty plea to one count of possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime.

At the plea hearing, Dalluge admitted that, on May 6, 2022, he was a passenger in a vehicle that was stopped by law enforcement.  Both the driver and Dalluge fled the vehicle, and Dalluge was apprehended a block away.  A backpack Dalluge was carrying was found to contain methamphetamine and a loaded, stolen, firearm.

Dalluge was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Dalluge was sentenced to 102 months’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Dalluge is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Jack Lammers and investigated by the Cerro Gordo Sheriff’s Office, Clear Lake Police Department, Mason City Police Department, Iowa Department of Narcotics Enforcement, and the North Central Iowa Drug Task Force.  Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 22-CR-3021.

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A man who conspired to distribute methamphetamine in the Mason City area was sentenced on July 10, 2023, to 11 years in federal prison.

Felix Allen Arp, age 31, from Mason City, Iowa, received the prison term after a March 2, 2023, guilty plea to one count of conspiracy to distribute methamphetamine.

In a plea agreement, Arp admitted to conspiring with others to distribute methamphetamine from 2020 to May 2022, in the Mason City area.  He was receiving methamphetamine from multiple sources and distributing it.  He also fronted drugs to multiple people and collected money after they were able to sell the drugs.

Arp was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Arp was sentenced to 132 months’ imprisonment.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.

Arp is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Jack Lammers and investigated by the Cerro Gordo Sheriff’s Office, Clear Lake Police Department, Mason City Police Department, Iowa Department of Narcotics Enforcement, and the North Central Iowa Drug Task Force.   

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 22-CR-3022.

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A man who distributed methamphetamine was sentenced June 28, 2023, to 8 years in federal prison.

Santiago Ramirez, age 38, from Hampton, Iowa, received the prison term after a February 9, 2023, guilty plea to one count of distribution of a controlled substance.

In a plea agreement, Ramirez admitted he distributed methamphetamine in Hampton, Iowa.  Ramirez sole ounce level quantities on four separate occasions in the spring and summer of 2022.

Ramirez was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Ramirez was sentenced to 96 months’ imprisonment.  He must also serve a 4-year term of supervised release after the prison term.  There is no parole in the federal system.

Ramirez is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Jack Lammers and investigated by the Cerro Gordo Sheriff’s Office, Clear Lake Police Department, Mason City Police Department, Iowa Department of Narcotics Enforcement, and the North Central Iowa Drug Task Force.     

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-CR-3031.

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A woman who conspired to distribute methamphetamine in the Crystal Lake area was sentenced June 29, 2023, to more than 5 years in federal prison.

Ashley Dawn Henken, age 39, from Crystal Lake, Iowa, received the prison term after a January 5, 2023, guilty plea to one count of conspiracy to distribute a controlled substance.

At the plea hearing, Henken admitted that between 2020, and continuing to May 2021, she did knowingly and intentionally conspire with others to distribute 500 grams or more of a methamphetamine mixture, and/or 50 grams of actual (pure) methamphetamine, commonly called “ice” methamphetamine.  Henken was stopped by law enforcement on May 10, 20221, with a pound of methamphetamine.

Henken was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Henken was sentenced to 60 months’ imprisonment.  She must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

Henken is being held in the United States Marshal’s custody until she can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Jack Lammers and investigated by the Cerro Gordo Sheriff’s Office, Clear Lake Police Department, Mason City Police Department, Iowa Department of Narcotics Enforcement, and the North Central Iowa Drug Task Force.   

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-CR-3032.

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A prohibited person who possessed a firearm pled guilty today in federal court in Cedar Rapids, Iowa.

Ethan Porter, age 33, of Cedar Rapids, was convicted of one count of being a prohibited person in possession of a firearm.  At the plea hearing, Porter admitted that, in June 2022, he possessed a Taurus pistol while being an unlawful drug user and after having been convicted of three felonies and a misdemeanor crime of domestic violence.

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Porter remains in custody of the United States Marshal pending sentencing.  Porter faces a possible maximum sentence of ten years’ imprisonment, a $250,000 fine, and three years of supervised release following any imprisonment.

This case was brought as part of Project Safe Neighborhoods (PSN).  PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the High Risk Unit of the Sixth Judicial District Department of Correctional Services, the Cedar Rapids Police Department, the Iowa Division of Criminal Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 23-6.

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A California man, who conspired to distribute methamphetamine by mail pled guilty June 28, 2023, in federal court in Sioux City.  James Dean Sterner, age 65, from Tustin, California, was convicted of conspiracy to distribute 500 grams or more of methamphetamine, which contained 50 grams or more of pure methamphetamine.

In a plea agreement, Sterner admitted that from August 2019 to October 2019 he conspired to distribute methamphetamine in and around Sioux City, Iowa after receiving the meth via the mail from California.  In October 2019, law enforcement found a package mailed to a resident in Sioux City from Sterner containing approximately 319 grams of pure methamphetamine. 

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Sterner remains in custody of the United States Marshal pending sentencing.  Sterner faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of up to life imprisonment, a $10,000,000 fine, and 5 years up to life of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorneys Ron Timmons and Mikala Purdy-Steenholdt, and was investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 20-4088.  Follow us on Twitter @USAO_NDIA.

Brett Sauser, 38, from Anthon, Iowa, was sentenced on June 29, 2023, in federal court in Sioux City to 126 months’ imprisonment.  Sauser pled guilty on February 10, 2023, to one count of conspiracy to distribute methamphetamine, cocaine, and fentanyl and one count of possession with intent to distribute methamphetamine within a protected location.  Sauser resided within 1000 feet of Memorial Park and Anthon Elementary School in Anthon, Iowa and obtained his drugs from the Dark Web.

Evidence at the plea and sentencing hearings showed that from January 2019 through August 2022, Sauser participated in a conspiracy involving the distribution of more than 500 grams of methamphetamine as well as possession of more than 20 grams each of fentanyl; ketamine; and MDMA.  Sauser obtained the controlled substances through the Dark Web and would receive the drugs through the U.S. Postal Service.  In August of 2022, law enforcement executed a search warrant at Sauser’s residence after Sauser accepted covert delivery of a package containing a quarter-pound of methamphetamine.  The evidence seized included 3 separate baggies of methamphetamine, approximately 3.5 grams each, plus small amounts of MDMA, heroin, ketamine, LSD, marijuana, three bags of mushroom roots (for manufacture of psilocybin mushrooms) and various drug use and distribution paraphernalia. 

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Sauser was sentenced to 126 months’ imprisonment and must serve an 8-year term of supervised release.  There is no parole in the federal system.  Sauser remains in custody of the United States Marshal until he can be transported to a federal prison. 

The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-4065.  Follow us on Twitter @USAO_NDIA.

A man who purchased two pounds of methamphetamine to sell in Iowa was sentenced today to more than twelve years in federal prison. 

Drew Scarborough, age 25, from Evansdale, Iowa, received the prison term after a December 28, 2022 guilty plea to conspiracy to distribute a controlled substance.

Information at sentencing showed that, in 2020, Scarborough became involved in a large-scale drug trafficking organization with ties to organized crime in Mexico.  Scarborough purchased two pounds of methamphetamine from a source in Mexico, but due to his failure to pay the source, he was unable to obtain additional methamphetamine.  Scarborough had previously threatened to kill another member of the drug conspiracy on behalf of the source.

Scarborough was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Scarborough was sentenced to 150 months’ imprisonment, and he must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.

Scarborough is being held in the United States Marshal’s custody until he can be transported to a federal prison. 

The case was prosecuted by Assistant United States Attorneys Dillan Edwards and Emily Nydle.  This case was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Tri-County Drug Enforcement Task Force, the Federal Bureau of Investigation, the Iowa Division of Narcotics Enforcement, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Black Hawk County Sheriff’s Office, the Green County Sheriff’s Office, and the Elbert County, Colorado Sheriff’s Office. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 21-CR-02049.

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A felon who possessed firearms was sentenced today to six months in federal prison.

Tyler Maus, age 30, of Marion, received the sentence after a December 8, 2022 guilty plea to one count of being a felon in possession of firearms.  At the plea hearing, Maus admitted that, on December 5, 2021, he possessed four pistols after having been convicted of four felonies.

Maus was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Maus was sentenced to six months’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system. 

This case was brought as part of Project Safe Neighborhoods (PSN).  PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Hiawatha Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Marion Police Department, and the Iowa Division of Criminal Investigation.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 22-49.

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A man who possessed 975.7 grams of heroin and fentanyl was sentenced today to more than 7 years in federal prison.

Matthew J. Moreno, age 43, from Riverdale, Illinois, received the prison term after a February 3, 2023 guilty plea to one count of possession with intent to distribute and aiding and abetting the possession with intent to distribute a controlled substance.

Evidence at the plea and sentencing hearings showed that Moreno was a passenger in a car that the Iowa State Patrol stopped for speeding.  The driver of the vehicle, Donald Ray Owens, fled from officers, and a high-speed chase followed before the car ultimately crashed.  During the chase, someone threw a vacuum‑sealed package out of the car which contained 975.7 grams of heroin and fentanyl.  Officers also found over $17,000 in cash in Moreno’s and Owens’s possession.

Moreno was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Moreno was sentenced to 87 months’ imprisonment.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.

On March 15, 2023, Owens pled guilty to one count of possession with intent to distribute and aiding and abetting the possession with intent to distribute a controlled substance.  Owens is scheduled to be sentenced on August 8, 2023.

Moreno is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Jason Norwood and Special Assistant United States Attorney Adam J. Vander Stoep and was investigated by the Iowa State Patrol, the Iowa County Sheriff’s Office, and the Iowa Division of Narcotics Enforcement. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-CR-32.

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Ezekiel Menteer, age 23, of Waterloo, has been charged with being a prohibited person in possession of a firearm.  The charge is contained in an Indictment unsealed on February 8, 2023, in United States District Court in Cedar Rapids. 

The Indictment alleges that, in January 2022, Menteer possessed a Kimber pistol while being an unlawful drug user and after having been convicted of a felony.

If convicted, Menteer faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, and three years on supervised release following any imprisonment.

Menteer appeared for an initial appearance today in federal court in Cedar Rapids and was held without bond.  Menteer’s next appearance for trial is set for September 5, 2023.

As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.

This case was brought as part of Project Safe Neighborhoods (PSN).  PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and is being investigated by the Waterloo Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Investigation.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 23-2009.

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A man who illegally returned to the United States after being deported was sentenced today to two years in federal prison.

Francisco Buenrostro-Ruiz, age 49, a citizen of Mexico illegally present in the United States and residing in Waterloo, Iowa, received the prison term after a March 9, 2023, guilty plea to one count of illegal reentry into the United States after having been deported.

At the guilty plea, Buenrostro-Ruiz admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government.  Buenrostro-Ruiz was previously deported to Mexico in January 2012.  On July 20, 2022, immigration officials learned Buenrostro-Ruiz had illegally returned to the United States and found Buenrostro-Ruiz at the Black Hawk County Jail following his arrest on state charges.  Buenrostro-Ruiz was previously convicted on October 31, 2005, in State of Iowa v. Fransisco Buenrostro, in the Iowa District Court for Black Hawk County, No. FECR128735, for Possession of Methamphetamine with Intent to Deliver, an aggravated felony.

Buenrostro-Ruiz was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Buenrostro-Ruiz was sentenced to 24 months’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Buenrostro-Ruiz is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 23-CR-2010.

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A brother and sister who conspired to distribute methamphetamine within 1,000 feet of a protected location pled guilty today in federal court in Cedar Rapids.

Jacob Patrick Demaio, age 42, and Codi Lyn Demaio, age 35, both from Dubuque, Iowa, were each convicted of one count of conspiring to distribute at least 500 grams of a mixture or substance containing a detectable amount of methamphetamine, and at least 50 grams of actual (pure) methamphetamine, within 1,000 feet of a protected location.

Evidence at a prior hearing showed that Jacob Demaio sold hundreds of pounds of methamphetamine to multiple people between 2019 and 2022.  He arranged for drug transactions to occur at stash houses located in Dubuque within 1,000 feet of schools and playgrounds.  Drug customers dropped off hundreds of thousands of dollars at those stash houses; that money was intended for Jacob Demaio. 

At a prior hearing, evidence showed that Codi Demaio also sold pounds of methamphetamine to several people in Dubuque between 2019 and 2022.  On two occasions when her brother was incarcerated, she took over his drug operation and sold tens of pounds of methamphetamine.  She was once instructed to go to California with $25,000 to buy drugs, though she instead traveled to Las Vegas and lost all of the money.  

At plea hearings, Jacob and Codi Demaio admitted that they conspired to distribute at least 500 grams of a mixture or substance containing a detectable amount of methamphetamine, and at least 50 grams or more of actual (pure) methamphetamine, within 1,000 feet of a protected location.   

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Jacob and Codi Demaio remain in custody of the United States Marshal pending sentencing. 

For conspiring to distribute methamphetamine within 1,000 feet of a protected location, both Jacob and Codi Demaio face a mandatory minimum sentence of 10 years’ imprisonment and the following maximum penalties: not more than life imprisonment without the possibility of parole; a fine of not more than $20,000,000; a mandatory special assessment of $100; and a term of supervised release of at least 10 years and up to life. 

The case is being prosecuted by Special Assistant United States Attorney Devra Hake.  It was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Dubuque Drug Task Force, Dubuque County Sheriff’s Office, Dubuque Police Department, Quad City Metropolitan Enforcement Group, Federal Bureau of Investigation, Drug Enforcement Administration, United States Postal Inspection Service, and the Iowa Division of Criminal Investigation Criminalistics Laboratory.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-CR-1039.

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A man who conspired with others to distribute methamphetamine was convicted by a jury on June 28, 2023, after a three-day trial in federal court in Cedar Rapids.

Jeffery Turner, age 48, from Waterloo, Iowa, was convicted of one count of conspiracy to distribute methamphetamine and two counts of distribution of methamphetamine.  The verdict was returned following about an hour and a half of jury deliberations.

The evidence at trial showed that Turner distributed methamphetamine out of his home in Waterloo.  Turner worked with various other people who helped him get ice methamphetamine from various sources of supply in Cedar Rapids, Waterloo, and California.  Law enforcement eventually purchased methamphetamine from Turner in two controlled buys. 

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Turner remains in custody of the United States Marshal pending sentencing.  Turner faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and a lifetime of supervised release following any imprisonment.

The case is being prosecuted by Special Assistant United States Attorney Adam J. Vander Stoep and Assistant United States Attorneys Patrick J. Reinert and Dillan Edwards and was investigated by the Tri-County Drug Enforcement Task Force consisting of the Waterloo Police Department, Cedar Falls Police Department, Black Hawk County Sheriff’s Department, Evansdale Police Department, Waverly Police Department, Hudson Police Department, La Porte City Police Department, and the Bremer County Sheriff’s Department; the Iowa Division of Narcotics Enforcement; and the Federal Bureau of Investigation.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-CR-02059-CJW.

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Kevin Swanson, 35, from Sioux City, Iowa, entered a guilty plea in federal court on May 4, 2023, to possession of child pornography.

In a plea agreement, Swanson admitted that between August 2020, and August 2021, he used an Internet-based, peer-to-peer (P2P) network to knowingly receive visual depictions of minors engaged in sexually explicit conduct, including depictions involving prepubescent minors who had not reached the age of 12.  Swanson had over 1,168 images and 4 video files of child exploitation materials.

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set for a later date after a presentence report is prepared.  Swanson was taken into custody by the United States Marshal pending sentencing.  Swanson faces a sentence of up to 20 years imprisonment without the possibility of parole, a fine of not more than $250,000, a mandatory special assessment of $100 and a term of supervised release of at least 5 years to life.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.  For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

The case was investigated by Homeland Security Investigations, the Sioux City Police Department, and the Nebraska State Patrol.  The case is being prosecuted by Assistant United States Attorney Kraig R. Hamit.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-4080.  Follow us on Twitter @USAO_NDIA.

Kailey Olson, 30, from Sioux City, Iowa, was sentenced June 27, 2023, in federal court in Sioux City, to 29 months’ imprisonment.

At the plea hearing on January 12, 2023, Olson admitted that from December 2020 through April 2021, she and others distributed more than 12 kilograms of methamphetamine in the Sioux City area. Olson was an interstate transporter of substantial quantities of methamphetamine and thousands of dollars in a Texas based methamphetamine distribution conspiracy that included the importation of liquid (for lab-based methamphetamine conversion) plus traditional vehicle transport of drugs from Texas to Iowa and bulk transport of money to Texas in payment for the drugs. 

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Olson was sentenced to 29 months’ imprisonment and must serve a three-year term of supervised release following imprisonment.  There is no parole in the federal system.  Olson remains in custody of the United States Marshal pending transportation to a federal prison. 

The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.   

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 21-4067.  Follow us on Twitter @USAO_NDIA.

Two women who conspired to distribute methamphetamine pled guilty on June 16, 2023, in federal court in Sioux City.

Lauretta Payce, 61, from Fontana, California, and Andrea Romo, 41, from Gardena, California, were convicted of conspiracy to distribute methamphetamine.

At the plea hearings, each admitted their involvement in a conspiracy that distributed at least 1.5 kilograms of methamphetamine from December 2019 through May 2022.  Payce and Romo further admitted to assisting at least six others in the conspiracy by distributing roughly four pounds of methamphetamine and one pound of marijuana from California and Nevada and transporting the drugs, in a hidden vehicle compartment to Cherokee, Iowa, for further distribution. 

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after presentence reports are prepared.  Payce and Romo were each taken into the custody of the United States Marshal and will remain in custody pending sentencing.  Each face a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and at least five years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Iowa Division of Narcotics Enforcement, United States Postal Inspectors, Homeland Security Investigations, Drug Enforcement Administration, Federal Bureau of Investigation, Iowa DCI Laboratory, and Cherokee Police Department. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-4066.  Follow us on Twitter @USAO_NDIA.

A felon who possessed a firearm pled guilty today in federal court in Cedar Rapids, Iowa.

Rosnel Larose, age 32, of Dubuque, was convicted of one count of being a felon in possession of a firearm.  At the plea hearing, Larose admitted that, in January 2022, he possessed a pistol after having been convicted of eleven felonies.

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Larose remains in custody of the United States Marshal pending sentencing.  Larose faces a possible maximum sentence of ten years’ imprisonment, a $250,000 fine, and three years of supervised release following any imprisonment.

This case was brought as part of Project Safe Neighborhoods (PSN).  PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Dubuque Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Iowa Division of Criminal Investigation.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 22-1044.

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A Cherokee man who took videos while sexually abusing a minor child pled guilty on February 17, 2023, in federal court in Sioux City.  James Franklin Buckingham, age 33, from Cherokee, Iowa was convicted of sexual exploitation of a minor.

In a plea agreement, Buckingham admitted that he sexually abused a minor child, under the age of 12.  While sexually abusing the child, Buckingham took at least 4 videos of the abuse.

Buckingham was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand to 354 months’ imprisonment, he was also ordered to make a payment of $4,116.35 in restitution to the victim.  Buckingham must also serve a 7-year term of supervised release after the prison term.  There is no parole in the federal system.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.  For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

Buckingham is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was investigated by Cherokee Police Department and the Federal Bureau of Investigations and was prosecuted by Assistant United States Attorney Ron Timmons. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-CR-04067.

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Aurelio Solorio, age 37, from Sioux City, Iowa, was sentenced on June 13, 2023, to over 11 years’ imprisonment, in federal court in Sioux City, Iowa.

Solorio pled guilty July 22, 2022, to possession with intent to distribute methamphetamine.  Solorio was previously convicted of conspiracy to distribute a controlled substance in the United States District Court for South Dakota in 2011.

At the hearings, evidence showed that on May 24, 2021, Solorio was stopped for suspected driving while intoxicated.  A search of Solorio’s vehicle revealed 90 grams of pure methamphetamine.  Separately, on July 6, 2021, during an investigation for drug activity, a search warrant was executed on a home where defendant was present.  A search uncovered over 2 pounds of methamphetamine and multiple guns.  Additionally, as part of the investigation, law enforcement seized a .380 handgun from Solorio’s storage shed.  He was under federal supervised release at the time he committed these offenses.         

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Solorio was sentenced to 134 months’ imprisonment and must serve a seven-year term of supervised release.  This sentence is to run consecutive to a 46 month term of imprisonment for other violations of his federal supervised release.  There is no parole in the federal system.  Solorio remains in custody of the United States Marshals Service until he can be transported to a federal prison. 

The case was prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.   

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-4001.  Follow us on Twitter @USAO_NDIA.

A man who possessed with intent to distribute methamphetamine pled guilty June 13, 2023, in federal court in Sioux City.

Kelly Malloy, 55, from Sioux City, Iowa, was convicted of possessing with intent to distribute and aiding and abetting another in the possession with intent to distribute methamphetamine.

At the plea hearing, Malloy admitted that on October 26, 2022, he was stopped by Le Mars Police Department.  During the traffic stop law enforcement located over 76 grams of pure methamphetamine.  Further evidence showed that Malloy intended to distribute some or all of the methamphetamine to another person. 

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Malloy remains in custody of the United States Marshal pending sentencing.  Malloy faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and at least five years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Le Mars Police Department and the Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.   

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 23-4007.  Follow us on Twitter @USAO_NDIA.

 Jeffrey Krowiorz, II, 34, from Milford, Iowa, pled guilty June 14, 2023, in federal court in Sioux City.

At the plea hearing, Krowiorz, II admitted he unlawfully possessed a gun after at least one prior felony conviction and while being an unlawful user of methamphetamine.  Krowiorz, II, was previously convicted of the following felony crimes: possession with intent to distribute methamphetamine, in the United States District Court for the Northern District of Iowa, in 2013; possession of lithium with intent to manufacture methamphetamine, in the Iowa District Court for Emmet County, in 2007; and possession of anhydrous ammonia with intent to manufacture methamphetamine, in the Iowa District Court for Clay County, in 2007.  Further evidence showed that the gun Krowiorz, II possessed had an altered or obliterated serial number.    

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Krowiorz, II remains in custody of the United States Marshal pending sentencing.  Krowiorz faces a possible maximum sentence of 15 years’ imprisonment, a $250,000 fine, and not more than three years of supervised release following any imprisonment.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Division of Narcotics Enforcement, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Spencer Iowa Police Department, and Clay County Sheriff’s Office. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 23-4006.  Follow us on Twitter @USAO_NDIA.

Chance Rebel Nielsen, 23, from Sioux City, Iowa, was sentenced on June 12, 2023, to 54 months in federal prison for being a prohibited person in possession of firearms and ammunition.  Nielsen was previously convicted of a felony in October 2021.  This conviction prohibited him from possessing a gun or ammunition. 

Nielsen pled guilty on January 31, 2023.  Evidence at the hearings showed that on August 29, 2022, law enforcement conducted a traffic stop of a vehicle in which defendant was a passenger.  During the stop, a Glock 9mm Luger, .45 ACP, and ammunition were found.  Further investigation showed that, on August 23, 2022, Nielsen was at Scheels in Sioux City where he was observed possessing a Glock 9mm in his waistband.  Nielsen purchased ammunition from Scheels which matched the ammunition found in the vehicle. Scheel’s Loss Prevention Unit provided evidence which was used by law enforcement to obtain a search warrant.  Pursuant to a search warrant on recovered cell phones in this investigation, Nielsen was seen in a video shooting a firearm at a gun range, and text messages in which Nielsen discussed buying and selling firearms and made threats to others were found.  

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Nielsen was sentenced to 54 months’ imprisonment and must serve a three-year term of supervised release following imprisonment.  There is no parole in the federal system.  Nielsen remains in custody of the United States Marshal until he can be transported to a federal prison. 

This case was brought as part of Project Safe Neighborhoods (PSN).  PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

The case was prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by the Plymouth County Sheriff’s Office, Le Mars Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-4077.  Follow us on Twitter @USAO_NDIA.

A Mexican man who illegally possessed a firearm was sentenced today to more than one year in federal prison.

Juan Gonzalez-Matias, age 46, a citizen of Mexico illegally present in the United States and residing in Waterloo, Iowa, received the prison term after a January 5, 2023, guilty plea to two counts of unlawful use of identification documents, two counts of misuse of a social security number, and one count of possession of a firearm by an alien.

At the guilty plea, Gonzalez-Matias admitted he used a fraudulent Social Security card and a fraudulent Permanent Resident Card, also known as a “green card,” both bearing his name, to prove his authorization to work in the United States when he completed employment and tax forms in May 2021 and March 2022 at businesses in Cedar Falls and Waterloo, Iowa.  The number on the Social Security card was assigned to another person and the number on the Permanent Resident Card was assigned to a Pakistani female. 

Gonzalez-Matias also admitted that he unlawfully possessed a firearm in September 2022 while being illegally present in the United States.  Gonzalez-Matias was previously removed from the United States in January 1998, April 2004, and March 2012.  On September 23, 2022, Waterloo police officers were called to Gonzalez-Matias’s residence after a report of shots fired.  It was learned from a witness that Gonzalez-Matias, while under the influence of alcohol and methamphetamine, fired shots into the air outside the house.  During the execution of a search warrant, officers found a loaded Taurus, PT709, 9mm semi-automatic pistol, a small bag of methamphetamine and drug paraphernalia in the residence.

Gonzalez-Matias was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Gonzalez-Matias was sentenced to 21 months’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Gonzalez-Matias is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Waterloo Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-CR-2066.

Follow us on Twitter @USAO_NDIA.

A Central City, Iowa, woman who stole over $400,000 from two elderly relatives was sentenced today to five years in federal prison.  Carrie April Martin, age 44, received the prison term after a September 26, 2022 guilty plea to one count of bank fraud and one count of aggravated identity theft.

Evidence at Martin’s plea and sentencing hearings established that Martin had two elderly relatives, Victim-1 and Victim-2, in the Cedar Rapids area.  Victim-1 was an elderly widow who was indigent, lived in a nursing home, and suffered from dementia and various physical ailments.  Victim-2 was also an elderly widow in poor physical and mental health but had significant assets and lived in an assisted living facility.  Victim-1 died at the age of 89 in December 2014, and Victim-2 died at the age of 96 in October 2017.

Between April 2014 and July 2017, Martin stole checks drawn on accounts at a credit union from Victim-1 and Victim-2.  Another one of Martin’s relatives was the power of attorney for the two elderly widows and had full legal authority to act for them.  From time to time, Martin stole the power of attorney’s identity and wrote checks to herself from her victims’ accounts at the credit union.  Martin also leveraged her friendship with the office administrator at the local branch of a national investment firm to access an account that Victim-2 held at the firm. Martin also sold over $100,000 worth of stock that Victim-2 held in an energy company, which Victim-2 intended to bequeath to a church in Elkader.  In total, Martin stole over $416,000 from Victim-1 and Victim-2.

Victim-2 went into hospice care less than a week after learning of defendant’s theft, which left Victim-2 with minimal assets.  When informed that Martin lacked funds to repay Victim-2, Victim-2 asked that Martin be charged and held accountable for her scheme.  Victim-2 died within a month’s time.

Evidence at Martin’s sentencing also established that Martin made false statements to a fraud specialist at her credit union and law enforcement to cover up her crimes.  In May 2022, Martin told two witnesses to “just watch what you say” and, “If they don’t specifically ask, don’t give information.”

Martin was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Martin was sentenced to 60 months’ imprisonment.  She was ordered to make $416,910.82 in restitution to her victim’s heirs, including the power of attorney and the church.  She must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.

In 2016, the United States Attorney’s Office for the Northern District of Iowa was selected as one of 10 districts in the nation to form an Elder Justice Task Force (http://go.usa.gov/cSngj).  The task force was assembled to foster a collaborative working relationship among all levels of government officials, advocacy groups for the elderly and the disabled, and others charged with the care and protection for these vulnerable groups.  The goals include ensuring the integrity of all government expenditures by eliminating fraud, waste, and abuse in health programs, and protecting some of the state’s most vulnerable citizens from harm, whether it occurs in nursing homes or other institutions or involves financial fraud schemes.  To learn more about the Department of Justice’s Elder Justice Initiative, visit: https://www.justice.gov/elderjustice/

This week, the Department of Justice joins millions around the world in commemorating World Elder Abuse Awareness Day (WEAAD), a day intended to raise public awareness of the fight against elder abuse, neglect, and financial exploitation. Research sponsored by the Department’s National Institute of Justice finds that millions of older Americans experience some form of elder abuse, neglect, and financial exploitation every year, often by someone they love.  The harms resulting from mistreatment of older Americans drives our work every day.  Today, the Department of Justice is proud to announce 10 new resources to train, inform, and support elder justice professionals across the country.

Martin was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set. The case was prosecuted by Assistant United States Attorney Timothy L. Vavricek and investigated by the Cedar Rapids Police Department.  Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 22-CR-51.

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A man who possessed methamphetamine with intent to distribute it and who possessed a firearm as an unlawful drug user, was sentenced today to more than 15 years in federal prison.

Joshua Ryan Gorrell, age 37, from Cedar Rapids, Iowa, received the prison term after a November 23, 2022 guilty plea to one count of possession of methamphetamine with intent to distribute it within 1,000 feet of a protected location, and one count of possession of a firearm as an unlawful drug user.

In a plea agreement, Gorrell admitted that, on July 22, 2022, he made a 911 call regarding an overdose that occurred at his home in Cedar Rapids.  When first responders arrived, they found a deceased overdose victim.  Officers searched Gorrell’s home and found $123,038 in U.S. Currency and over two pounds of actual (pure) methamphetamine, 43 grams of fentanyl, 56 grams of a mixture of fentanyl and heroin, 68 grams of marijuana, and 238 grams of THC wax.  Evidence at the sentencing hearing showed that Gorrell stored these items throughout his house, in air ducts, laundry dryer vents, ceiling insulation, pipes, a fake plant, the freezer, and elsewhere.

Gorrell also admitted that on August 22, 2022, officers searched his home again and found a firearm, $15,253 in U.S. Currency, approximately 28 grams of ice methamphetamine, and approximately 252 grams of marijuana.  Later that day, Gorrell’s urine tested positive for methamphetamine and fentanyl.  Evidence at the sentencing hearing demonstrated that the firearm was loaded.

Gorrell was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Gorrell was sentenced to 188 months’ imprisonment and must also serve a 10-year term of supervised release after the prison term.  There is no parole in the federal system.

The case was prosecuted by Special Assistant United States Attorney Devra T. Hake and Assistant United States Attorney Dan Chatham.  It was investigated as part of the Northern Iowa Heroin Initiative and the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Cedar Rapids Police Department, United States Drug Enforcement Administration, Iowa Division of Narcotics Enforcement, Marion Police Department, and Linn County Sheriff’s Office. 

This case is also part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.         

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  

The case file number is 22-CR-59.

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A seven-time convicted felon who robbed or attempted to rob employees of Cedar Rapids businesses at gunpoint seven times in a twelve-day period in November 2020 was convicted by a jury on June 6, 2023, after a four-day trial in federal court in Cedar Rapids.

Cardel Demetrius Redmond, age 28, from Cedar Rapids, Iowa, was convicted of six counts of interference with commerce by robbery, six counts of using and possessing a firearm during and in furtherance of those robberies, one count of attempt to interfere with commerce by robbery, and one count of possession of a firearm by a felon.  The verdict was returned yesterday afternoon following about six hours of jury deliberations.

The evidence at trial showed that on November 17, 2020, Redmond robbed the Subway restaurant on Gateway Place SW in Cedar Rapids by displaying a firearm to the employees and demanding the cash from the register.  On November 19, 2020, Redmond robbed a cashier at gunpoint in the Wine and Spirits area of the Hy-Vee grocery store on Oakland Road NE in Cedar Rapids.  On November 25, 2020, Redmond robbed the Perkins Restaurant & Bakery on Southgate Court SW in Cedar Rapids by pointing a firearm at one of the employees of the business.  On the night of November 27, 2020, Redmond used a firearm to rob an employee at the Hy-Vee grocery store on Mount Vernon Road SE in Cedar Rapids.  Minutes later, Redmond robbed two employees at gunpoint at the Little Caesar’s Pizza on Mount Vernon Road SE.  Less than twenty-four hours later, on November 28, 2020, Redmond attempted to rob two employees at the Hy-Vee Drugstore on 6th Street SW by brandishing a firearm.  One of the employees told him there was a police officer in an unmarked car in the parking lot, and Redmond fled.  The following night, November 29, 2020, Redmond robbed the same Subway restaurant on Gateway Place SW by pointing a firearm at an employee.  Redmond was arrested on burglary charges later that night. 

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Redmond will remain in the custody of the United States Marshal pending sentencing.  Redmond faces a mandatory minimum sentence of 42 years’ imprisonment and a possible maximum sentence of life imprisonment, a $ 3,500,000 fine, and not more than 5 years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorneys Kyndra Lundquist and Tony Morfitt and was investigated by the Cedar Rapids Police Department and assisted by the Federal Bureau of Investigation. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-CR-0085.

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A man who conspired to, and distributed, methamphetamine pled guilty June 6, 2023, in federal court in Sioux City.

Phillip Pringle, 53, from Fort Dodge, Iowa, was convicted of conspiracy to distribute methamphetamine, distribution of methamphetamine, and aiding and abetting another in the distribution of methamphetamine.

At the plea hearing, Pringle admitted that between January 2015 and December 2019, he and others distributed several pounds of methamphetamine in the Fort Dodge area.  In October 2019 and two occasions in 2020, Pringle was the source of methamphetamine for an individual selling methamphetamine to an undercover officer.  On October 19, 2021, Pringle failed to appear for a pre-trial release revocation hearing and an arrest warrant for him was issued.  On February 14, 2023, Pringle was arrested by the United States Marshals Service.  From about October 19, 2021, to about February 14, 2023, Pringle was a federal fugitive.

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Pringle remains in custody of the United States Marshal pending sentencing.  Pringle faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and at least four years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Division of Narcotics Enforcement, Fort Dodge Police Department, Webster County Sheriff’s Office, and Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.   

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 20-3022.  Follow us on Twitter @USAO_NDIA.

A man who conspired to distribute methamphetamine pled guilty on June 6, 2023, in federal court in Sioux City.

Jason Werner, 37, from Cherokee, Iowa, was convicted of conspiracy to distribute methamphetamine.

At the plea hearing, Werner admitted his involvement in a conspiracy that distributed at least 1.5 kilograms of methamphetamine from December 2019 through May 2022.  Werner further admitted to assisting at least six others in the conspiracy in obtaining roughly four pounds of methamphetamine and one pound of marijuana from sources in California and Nevada and transporting it via a hidden vehicle compartment to Cherokee, Iowa, for further distribution. 

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Werner is in the custody of the United States Marshal and will remain in custody pending sentencing.  Werner faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and at least five years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Iowa Division of Narcotics Enforcement, United States Postal Inspectors, Homeland Security Investigations, Iowa DCI Laboratory, and Cherokee Police Department. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-4066.  Follow us on Twitter @USAO_NDIA.

James Conlan, 58, from Las Vegas, Nevada, was sentenced May 31, 2023, in federal court in Sioux City, Iowa, to over eight years in federal prison. 

On January 25, 2023, Conlan plead guilty to conspiracy to distribute methamphetamine.  Evidence at the plea and sentencing hears showed that between January 2021 and December 2021, he and others were involved in a conspiracy that distributed more than a kilogram of methamphetamine across Northwest Iowa.  Conlan further admitted that he utilized the United States Postal Service to send methamphetamine from Las Vegas, Nevada, to an undercover post office box in Spencer, Iowa on two occasions. 

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Conlan was sentenced to 100 months’ imprisonment and must serve a term of four years of supervised release following the imprisonment.  There is no parole in the federal system.  Conlan remains in custody of the United States Marshal until he can be transported to a federal prison. 

The case was prosecuted by Assistant United States Attorneys Patrick T. Greenwood and Shawn Wehde, and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Iowa Department of Narcotics Enforcement, U.S. Postal Service, Department of Homeland Security, Iowa DCI Laboratory, Iowa State Patrol, Colorado State Patrol, and the Cherokee Iowa Police Department. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-4049. 

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A woman who conspired to distribute methamphetamine and heroin pled guilty June 1, 2023, in federal court in Sioux City.

Brook Paulsen, 40, from Garner, Iowa, was convicted of one count of conspiracy to distribute methamphetamine and heroin.

At the plea hearing, Paulsen admitted that during the course of the conspiracy, October 2020 through December 2021, she and others participated in the distribution of more than 2.4 kilograms of methamphetamine and over one pound of heroin.  Paulsen and a co-defendant admitted they would receive packages of drugs through FedEx and DHL from a source in Mexico to addresses in Minnesota and Iowa for further distribution in Iowa.  Other evidence presented showed that on April 28, 2021, she and a co-defendant distributed methamphetamine to a confidential informant working with law enforcement.          

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Paulsen was taken into custody of the United States Marshal and will remain in custody pending sentencing.  Paulsen faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and at least three years of supervised release following any imprisonment.

 The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Division of Narcotics Enforcement, Homeland Security Investigations, Wright County Sheriff’s Office, Franklin County Sheriff’s Office, Iowa DCI Laboratory, and the Rochester Minnesota Police Department. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-3024.  Follow us on Twitter @USAO_NDIA.

Marcus Urelius, 36, from Farnhamville, Iowa, was sentenced May 15, 2023, to 63 months in federal prison for Possession of Child Pornography.

At the hearing, evidence established that between April 2021, and January 2022, Urelius used an Internet-based, peer-to-peer (P2P) network known as “Freenet” to knowingly receive visual depictions of minors engaged in sexually explicit conduct.

Urelius was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand to 63 months’ imprisonment.  He was also fined a total of $20,000 and, given his substantial net worth, ordered to pay $9,500 for the costs of his court-appointed counsel.  Urelius was also ordered to pay $3,000 in restitution to the victims.  Urelius must also serve a 5-year term of supervised released following the prison term.  There is no parole in the federal system.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.  For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

The case was investigated by the Iowa Department of Public Safety, Division of Criminal Investigation and was prosecuted by Assistant United States Attorney Kraig R. Hamit.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-3017.  Follow us on Twitter @USAO_NDIA.

A man who conspired to distribute methamphetamine was sentenced May 30, 2023, in federal court in Sioux City.

Joey Post, 35, from Thompson, Iowa, pled guilty on February 1, 2023, to conspiracy to distribute methamphetamine.  Evidence at the plea and sentencing hearings showed that from July 2020 through May 2022, Post and others distributed over 10 pounds of methamphetamine.  This included distribution to an individual working with law enforcement on several occasions in Swea City, Iowa.  While on pretrial release for the instant federal charges, Post fled the area without notifying the United States Probation Office and was later arrested in Minnesota.   

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Post was sentenced to eight years’ imprisonment and must serve a three-year term of supervised release following imprisonment.  There is no parole in the federal system. 

The case was prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by the Iowa Department of Narcotics Enforcement, Kossuth County Sheriff’s Office, and Iowa DCI Laboratory. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-3029.  Follow us on Twitter @USAO_NDIA.

A man who illegally returned to the United States after being deported was sentenced today to more than two months in federal prison.

Pedro Saban-Lares, age 48, a citizen of Guatemala illegally present in the United States and residing in Toledo, Iowa, received the prison term after an April 12, 2023, guilty plea to one count of illegal reentry into the United States after having been deported.

At the guilty plea, Saban-Lares admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government.  Saban-Lares was previously deported in February 2017.  After he illegally returned to the United States, Saban-Lares illegally worked using someone else’s name and social security number.  On March 10, 2023, immigration officials learned Saban-Lares had illegally returned to the United States and found Saban-Lares at the Tama County Jail following his arrest on state charges.

Saban-Lares was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Saban-Lares was sentenced to 73 days’ imprisonment.  He must also serve a one-year term of supervised release after the prison term.  There is no parole in the federal system.

Saban-Lares is being held in the United States Marshal’s custody until he can be turned over to immigration officials.

The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 23-CR-19.

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A former Wynot, Nebraska middle school teacher and Sergeant Bluff High School baseball coach was sentenced in federal court in Sioux City.  Andrew Heller, age 39, was convicted of sexual exploitation of a minor after pleading guilty in federal court on January 13, 2023.

The FBI and Sioux City Police Department were conducting an undercover investigation to identify subjects engaged in human trafficking in Sioux City, Iowa. As part of the operation, law enforcement posted an advertisement for sex services on a frequently used dating website.

Andrew Heller, a middle school teacher and high school baseball coach responded to an ad purporting to be from a 19-year-old female offering sexual services in exchange for money.  After calling the phone number in the ad, Heller began communicating with a person he believed was a 14-year-old girl, but who was actually an undercover FBI agent. Heller agreed to pay $200 cash and bring some Trulys in exchange for sex with the 14-year-old. The meeting date was scheduled, and Heller showed up, as previously arranged, in his vehicle.  He was searched by police, who found the cash and Trulys, along with condoms.  

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.  For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

Heller was sentenced by United States District Court Chief Judge Leonard T. Strand to 120 months’ imprisonment.  He must also serve 5 years of supervised release after the term of imprisonment and pay a $5,100 in special assessments.  There is no parole in the federal system.

The case was prosecuted by Assistant United States Attorney Ron Timmons and was investigated by the Federal Bureau of Investigation and the Sioux City Police Department. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-4059.

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A man who possessed methamphetamine he was intending to distribute was sentenced today to 10 years in federal prison.

Jose Guadalupe Angulo, age 43, from Minneapolis, Minnesota, received the prison term after a February 2, 2023 guilty plea to one count of possession with intent to distribute a controlled substance.

In a plea agreement, Angulo admitted that on December 8, 2016, he was a passenger in a vehicle traveling through Woodbury County, Iowa.  After law enforcement stopped the vehicle, he was found in possession of 7983 grams of methamphetamine he had obtained in California and was intending to redistribute in Minnesota.

After he was released following federal arrest, Angulo absconded from pretrial supervision and did not appear for his subsequent court hearings.  He fled to Mexico until he was arrested in spring of 2022 as he crossed the border back into the United States.

Angulo was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Angulo was sentenced to 120 months’ imprisonment.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

Angulo is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Jack Lammers and investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 16-CR-4102.

A man with a history of felony convictions was convicted by a jury on May 24, 2023, after a two-day trial in federal court in Sioux City.

Jerell Wilson, age 30, of Sioux City, Iowa, was convicted of one count of felon in possession of a firearm.  The verdict was returned Wednesday afternoon following about two hours of jury deliberations.

The evidence at trial revealed that while Sioux City Police were investigating an unrelated crime, it was learned through witness and video surveillance that Wilson had been at the crime scene prior to, and after, the crime with a Coach backpack containing multiple firearms.  Armed with this information, on June 23, 2022, law enforcement executed a search warrant on Wilson’s home, where a loaded gun – with a round in the chamber -- was found in his bed, along with the Coach bag and ammunition for multiple guns that were not found in the search.  Wilson refused to attend his own trial.  

Wilson has previously been convicted of possession of a defaced firearm, 1st degree theft and eluding resulting in death and homicide by vehicle.

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Wilson remains in custody of the United States Marshal.  Wilson faces a possible maximum sentence of 10 years imprisonment, a $250,000 fine, and 5 years of supervised release following any imprisonment.

The case was investigated by the Sioux City, Iowa Police Department.  The case is being prosecuted by Assistant United States Attorney Forde Fairchild 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-CR-04061.

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A man who possessed with intent to distribute methamphetamine pled guilty May 15, 2023, in federal court in Sioux City.

Thomas Powell, 36, from Sioux City, Iowa, was convicted of possession with intent to distribute methamphetamine after having been previously convicted of a federal felony drug offense in 2010.

At the plea hearing, Powell admitted that on November 13, 2022, while in Sac County, Iowa, he was found with over 90 grams of pure methamphetamine and that he planned to distribute some or all of it to other persons.  

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Powell remains in custody of the United States Marshal pending sentencing.  Powell faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of life imprisonment, a $20,000,000 fine, and at least 10 years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by the Sac County Sheriff’s Office, Iowa DCI Laboratory, and Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.   

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 23-4002.  Follow us on Twitter @USAO_NDIA.

A man who illegally possessed a firearm was sentenced May 16, 2023, to 33 months in federal prison.

Mark Hadland, 49, from Omaha, Nebraska, received the prison term after a February 7, 2023, guilty plea to prohibited person in possession of a firearm.  Hadland was previously convicted of felony Theft by Unlawful Taking Over $1500, in the Douglas County District Court for Nebraska, on or about April 7, 2010.

Evidence at the hearings showed that on August 8, 2022, Buena Vista County, Iowa, law enforcement conducted a traffic stop of the vehicle Hadland was driving.  It was determined Hadland’s driver’s license was revoked, and he admitted a marijuana roach was in the vehicle.  Pursuant to a search of Hadland’s vehicle, law enforcement seized marijuana, drug paraphernalia, a cane with a detachable top concealing a 14-inch knife, loose ammunition, and a stolen firearm with one round in the chamber.  Hadland further admitted that he was a user of marijuana and methamphetamine. 

Hadland was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Hadland was sentenced to 30 months’ imprisonment.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.  Hadland is being held in the United States Marshal’s custody until he can be transported to a federal prison.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.  The case was prosecuted by Assistant United States Attorney Patrick T. Greenwood and investigated by Buena Vista County Sheriff’s Office, Storm Lake Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 22-4093.  Follow us on Twitter @USAO_NDIA.

Adam B. Smith, M.D., also known as “Adam Bryant,” has been sued by the United States for two counts of violating the False Claims Act, 31 U.S.C. §3729 et seq. The claims are contained in a Civil Complaint filed by both the United States and the State of Iowa on May 9, 2023, in the United States District Court for the Northern District of Iowa.

The complaint alleges that from approximately August 2014 to August 2019, Smith, a plastic surgeon practicing in Sioux City during that time, submitted or caused to be submitted false claims for healthcare services to government payors, including Medicare. The complaint alleges Smith did so by: (1) billing government payors for services he claimed were medically necessary surgical procedures, but that were in actuality medically unnecessary cosmetic surgeries, which are not payable by government payors; (2) billing for services in excess of those actually rendered (“upcoding”) to increase reimbursement, or even billing for surgical procedures he didn’t perform at all; and (3) overstating the complexity of office visits with patients in order to obtain greater reimbursement from government payors.

Under the federal False Claims Act, the United States is entitled to a judgment equal to three times the cost to the United States for any false claims. In addition, the United States is entitled to per-claim penalties, currently set by law at between $13,508 and $27,018. The United States alleged Smith caused the submission of over one thousand false claims.

The United States previously entered into a settlement agreement for $612,501.44 with Smith’s employer during his time practicing in Sioux City, Tri-State Specialists, LLP, in December 2021.

As with any civil case, a complaint is merely an allegation and a defendant is presumed not liable until shown otherwise by a preponderance of the evidence.

This civil matter arose from an action brought under the whistleblower provisions of the False Claims Act. Pursuant to that Act, the whistleblower will share in any recovery obtained by the United States.

The case is being handled by Assistant United States Attorneys Melissa A. Carrington and Matthew K. Gillespie and was investigated by the United States Department of Health and Human Services, Office of Inspector General, and Department of Defense, Defense Criminal Investigative Service.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 5:19-cv-04011-CJW-KEM.

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A man who conspired to distribute methamphetamine and possessed with intent to distribute methamphetamine was sentenced May 10, 2023.

Kenneth John David Schneiders, 34, from Sioux City, Iowa, was convicted by a jury on December 13, 2022, after a two-day jury trial of one count of conspiracy to distribute methamphetamine and one count of possessing with intent to distribute methamphetamine all within 1,000 feet of a protected location, namely the Sioux City Alternative School and Opportunities School, each located in the Boys and Girls Home in Sioux City, Iowa.

The evidence at trial showed that Schneiders was communicating with others for the sale of methamphetamine on December 2, 2019.  Law enforcement was made aware of the discussions through a confidential source, and ultimately located Schneiders at the Boys and Girls Home parking lot with approximately two ounces of methamphetamine.    

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Schneiders was sentenced to 80 months’ imprisonment and must serve an eight-year term of supervised release following imprisonment.  There is no parole in the federal system.  Schneiders remains in custody of United States Marshal until he can be transported to a federal prison. 

The case was prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.   

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 20-4032.  Follow us on Twitter @USAO_NDIA.

Three Waterloo fentanyl dealers were sentenced to federal prison this week.            

Sheryl Wellner, age 44, received the prison term after an October 11, 2022 guilty plea to one count of possession with intent to distribute a controlled substance. 

Melvin Williams, age 55, received the prison term after a January 8, 2023 guilty plea to one count of conspiracy to distribute a controlled substance. 

Justin Jensen, age 41, received the prison term after a January 9, 2023 guilty plea to one count of conspiracy to distribute a controlled substance.        

Information at a prior hearing showed that, on August 7, 2021, and August 13, 2021, Wellner distributed heroin to another person in Waterloo, Iowa.  Then, on August 18, 2021, law enforcement officers searched Wellner’s residence and recovered almost 10 grams of a heroin/fentanyl mixture and a digital scale. 

Information disclosed at their respective sentencing hearings showed that, between March 2022, and May 26, 2022, Williams and Jensen worked together to distribute fentanyl.  In late March 2022, Williams distributed an amount of fentanyl to another person, which caused the person to suffer an overdose and die.  Then, in early April 2022, Williams distributed fentanyl to Jensen, who in turn distributed it to another person, which caused the person to suffer an overdose and crash their car on a highway in Waterloo.  In May 2022, law enforcement officers conducted several controlled purchases from Williams and Jensen before arresting them on May 26, 2022. 

All three individuals were sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Wellner was sentenced to 41 months’ imprisonment.  She must also serve a six‑year term of supervised release after the prison term.  There is no parole in the federal system.

Williams was sentenced to 79 months’ imprisonment.  He must also serve a five‑year term of supervised release after the prison term.  There is no parole in the federal system.

Jensen was sentenced to 33 months’ imprisonment.  He must also serve a three‑year term of supervised release after the prison term.  There is no parole in the federal system.

Wellner, Williams, and Jensen are being held in the United States Marshal’s custody until they can be transported to a federal prison.     

These case was prosecuted by Assistant United States Attorney Dillan Edwards and were investigated as part of the Northern Iowa Heroin Initiative and the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Federal Bureau of Investigation; the Tri-County Drug Enforcement Task Force consisting of the Waterloo Police Department, Cedar Falls Police Department, Black Hawk County Sheriff’s Department, Evansdale Police Department, Waverly Police Department, Hudson Police Department, La Porte City Police Department, and the Bremer County Sheriff’s Department; and the Iowa Division of Narcotics Enforcement.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file numbers are 22‑CR‑02028 and 22-CR-02034.

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Ethan Porter, age 33, of Cedar Rapids, Iowa, has been charged with being a prohibited person in possession of a firearm.  The charge is contained in an Indictment unsealed on March 13, 2023, in United States District Court in Cedar Rapids. 

The Indictment alleges that, in June 2022, Porter possessed a Taurus pistol while being an unlawful drug user and after having been convicted of three felonies and a misdemeanor crime of domestic violence.

If convicted, Porter faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, and three years on supervised release following any imprisonment.

Porter appeared for a detention hearing today in federal court in Cedar Rapids and was held without bond.  Porter’s next appearance for trial is set for July 10, 2023.

As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.

This case was brought as part of Project Safe Neighborhoods (PSN).  PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and is being investigated by the High Risk Unit of the Sixth Judicial District Department of Correctional Services, the Cedar Rapids Police Department, the Iowa Division of Criminal Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is CR 23-6.

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A Brownsville, Texas man who coerced a minor to engage in live stream sessions featuring sexually explicit conduct, and retained digital images from the sessions, pled guilty on May 10, 2023, in federal court in Sioux City.  Isaac Herrera, age 22, from Brownsville, Texas was convicted of sexual exploitation of a minor.

In a plea agreement, and at the plea hearing, Herrera admitted that he sexually abused a minor child who was between the ages of 12 and 16 at the time, and possessed child pornography depictions of the victim and other minors on his phone.  Herrera further admitted to contacting the victim in order to influence his testimony at trial, while Herrera was in jail pending trial in this case.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.  For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Herrera remains in custody of the United States Marshal pending sentencing.  Herrera faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 30 years’ imprisonment, a $250,000 fine, and 5 years up to life of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Ron Timmons and was investigated by the Federal Bureau of Investigations and the Sioux City Police Department. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-4060.

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A woman who sold methamphetamine in the Mason City area was sentenced today to more than 5 years in federal prison.

Tara Graham, age 42, from Mason City, Iowa, received the prison term after a January 12, 2023, guilty plea to three counts of distribution of a controlled substance.

At the plea hearing, Graham admitted that in November of 2022, she sold methamphetamine in up to ounce quantities to a confidential source on three separate occasions in Mason City.

Graham was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Graham was sentenced to 64 months’ imprisonment.  She must also serve a 4-year term of supervised release after the prison term.  There is no parole in the federal system.

Graham is being held in the United States Marshal’s custody until she can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Jack Lammers and investigated by the Cerro Gordo Sheriff’s Office, Clear Lake Police Department, Mason City Police Department, Iowa Department of Narcotics Enforcement, and the North Central Iowa Drug Task Force.   

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 21-CR-3043.

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A man who conspired to distribute methamphetamine pled guilty on May 9, 2023, in federal court in Sioux City.

Carl Thompson, 52, from Larrabee, Iowa, was convicted of conspiracy to distribute methamphetamine.

At the plea hearing, Thompson admitted his involvement in a conspiracy that distributed more than three pounds of methamphetamine from December 2019 through May 2022.  Thompson admitted assisting at least six others in obtaining the methamphetamine from sources in California and Nevada and transporting it back to Cherokee, Iowa, for further distribution.   

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Thompson was taken into custody of the United States Marshal and will remain in custody pending sentencing.  Thompson faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and at least five years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Iowa Division of Narcotics Enforcement, United States Postal Inspectors, Homeland Security Investigations, Iowa DCI Laboratory, and Cherokee Police Department. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 22-4066.  Follow us on Twitter @USAO_NDIA.