Northern District of Iowa

A man who conspired to distribute methamphetamine was sentenced on March 17, 2022, in federal court in Sioux City.

Dustin Joe Martinez, 33, from Sutherland, Iowa, pled guilty on October 21, 2021, to conspiracy to distribute methamphetamine.  Martinez was previously convicted of conspiracy to distribute methamphetamine within 1,000 feet of a school and possession with intent to distribute methamphetamine on June 3, 2016, in the United States District Court for the Northern District of Iowa.  Martinez was on federal supervised release for this offense beginning on January 16, 2016.

At the plea and sentencing hearings, evidence showed that from 2019 and through March 2021, Martinez and others distributed methamphetamine.  On two separate occasions, in March of 2020 and March of 2021, Martinez was found in possession of approximately one ounce of methamphetamine which he intended to distribute. 

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Martinez was sentenced to 87 months’ imprisonment and must serve a term of five years of supervised release following imprisonment.  Martinez was also sentenced to a consecutive term of 24 months’ imprisonment for violations of his previously imposed federal supervised release. Therefore, Martinez was sentenced to a total term of 111 months’ imprisonment.  There is no parole in the federal system.  Martinez 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 Iowa Division of Narcotics Enforcement, Spencer Police Department, O’Brien 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 21-4032.  Follow us on Twitter @USAO_NDIA.

A man who was found driving in Dubuque with baggies of cocaine was sentenced yesterday to more than twenty years in federal prison.  A stolen loaded 9 mm pistol was later located in the ceiling of his shared hotel room.

Terrance Golden, age 45, from Dane County, Wisconsin, received the prison term after an October 13, 2021 jury verdict finding him guilty of possession with intent to distribute cocaine base and possession of a firearm by a prohibited person. 

Evidence at trial showed that on the evening of October 1, 2020, Golden was driving in Dubuque, Iowa, when he was pulled over for an expired registration.  Golden matched the description of an individual who was reported to be selling narcotics at a nearby gas station.  A drug-sniffing K9 alerted on his vehicle and he was found in possession of approximately 23 baggies of cocaine base and $1,867 in cash.  Golden lied about his identity as a warrant was out for his arrest from the State of Wisconsin.  A search of his shared hotel room revealed items used to package and sell narcotics and a stolen, loaded, 9mm firearm hidden inside the bathroom ceiling tile.  In a recorded interview with the Dubuque Police Department, Golden stated, “I’ll save my bullshit for the judges.”

Golden was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Golden was sentenced to 262 months’ imprisonment and fined $200.  He must also serve a 5-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.         

Golden 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 Liz Dupuich and Ashley Corkery and investigated by the Dubuque Police Department, the Dubuque County Sheriff’s Office, 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 21-cr-1005.

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A man who escaped from the Waterloo Residential Correctional Facility and later failed to appear in federal court pursuant to a subpoena was sentenced on March 22, 2022, to more than three years in federal prison.

Eugene Davis, age 43, from Cedar Rapids, Iowa, received the prison term after a September 28, 2021 guilty plea to an April 23, 2021 escape from federal custody at the Residential Correctional Center in Waterloo and for contempt of court by failing to appear in federal court on April 26, 2021, pursuant to a trial subpoena.  Davis also admitted he violated terms of his supervised released for a 2009 federal firearm offense, and the terms of his federal probation imposed for illegally having a cellular telephone while in a federal prison in 2019. 

In a plea agreement, Davis admitted that he was in the Waterloo Residential Correctional Center in Waterloo, Iowa, on April 23, 2021, as a condition of his term of supervised release in a 2009 federal firearm case.  On April 23, 2021, Davis left the facility to go to work and never returned.  Davis was later arrested in Las Vegas, Nevada.  Prior to Davis’s escape, he was served with a subpoena that required him to appear in federal court in Cedar Rapids on April 26, 2021.  Davis never appeared in court as required. 

Davis was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand.  For the new crimes and his violations of supervision, Davis was sentenced to 45 months’ imprisonment, and he must also serve a two-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 is being prosecuted by Assistant United States Attorney Patrick J. Reinert and was investigated by the United States Marshal’s Service.  Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file numbers are CR-21-0041 (contempt of court), CR-21-2042 (escape), CR-09-0052 (possession of a firearm by a felon), and CR-21-0003 (possession of a cellular phone in a federal prison).

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A Cedar Rapids man who evaded capture for nearly a month after walking away from custody at a halfway house was sentenced on March 22, 2022, to four years in federal prison.  Kevin Robert Kappmeyer, age 55, from Cedar Rapids, Iowa, received the prison term after a September 23, 2021 guilty plea to one count of escape from custody and his admission that he violated the terms of his supervised release.

At his sentencing, revocation, and other hearings, Kappmeyer admitted that, in 2018, he was sentenced to 40 months’ imprisonment and three years of supervised release for his role in a Cedar Rapids area mail and identity theft scheme.  Kappmeyer was released from prison in May 2020 but violated the terms of his supervised release, was sent back to prison for seven months in September 2020, and eventually released in March 2021.  On July 8, 2021, after Kappmeyer again violated the terms of his supervised release, a U.S. District Court Judge ordered Kappmeyer to serve time in a halfway house and specifically warned Kappmeyer to not leave the halfway house without permission.  About two weeks later, on July 23, 2021, Kappmeyer obtained an employment pass from the halfway house, left, and never returned.  The United States Marshal’s Service arrested Kappmeyer on August 16, 2021, at a local grocery store and found methamphetamine in his possession.  Kappmeyer has an extensive criminal history with over 20 prior convictions, including multiple convictions for offenses involving violence, such as resisting arrest and domestic battery.

Kappmeyer was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Kappmeyer was sentenced to 24 months’ imprisonment on his new escape case and an additional 24 months’ imprisonment for his supervised release violations.  Kappmeyer must also serve a three-year term of supervised release after he is released from prison.  There is no parole in the federal system.  

Kappmeyer 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 Timothy L. Vavricek and investigated by the United States Marshal’s Service. 

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

The case file numbers are 21-CR-50 and 17-CR-44.

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A woman who distributed fentanyl to a man who overdosed and nearly died was sentenced March 22, 2022, to ten years in federal prison.

Emily Ann Nelson, age 29, from Dubuque, Iowa, received the prison term after an October 14, 2021 guilty plea to one count of distribution of fentanyl.

Evidence at a prior hearing showed that Nelson distributed a substance that was supposedly heroin to another person in July 2020.  That person used the substance, which turned out to be fentanyl, and overdosed, nearly dying.  First responders were able to revive the other individual using the opioid antidote, Narcan.  At the plea hearing, Nelson admitted she distributed the fentanyl to the person who overdosed.  The day after the overdose incident, a confidential informant working with the Dubuque Drug Task Force contacted Nelson to purchase heroin.  Nelson stole the money she was supposed to use to get the drugs.  About two weeks later, the confidential informant again contacted Nelson to obtain heroin.  This time, Nelson obtained the drugs as agreed, but used a portion of the drugs before she could be arrested by officers. 

Nelson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Nelson was sentenced to 120 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.

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

The case was investigated by the Dubuque Drug Task Force and was prosecuted by Assistant United States Attorney Dan Chatham.

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

The case file number is 21‑CR‑01009‑CJW‑MAR.

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A Cedar Rapids man who unlawfully possessed a firearm and ammunition as a drug user was sentenced March 22, 2022, to more than four years in federal prison.

Deanye Bowman-Owens, age 22, from Cedar Rapids, Iowa, received the prison term after an August 24, 2021 guilty plea to one count of possession of ammunition by a drug user.

Evidence disclosed at sentencing showed that, on August 24, 2021, officers with the Cedar Rapids Police Department were dispatched to an apartment complex after receiving a report of individuals holding a handgun in the bed of a pickup truck.  After officers arrived, they recovered a loaded .45 caliber handgun with a twenty-seven round extended magazine in the bed of the pickup truck and located Bowman-Owens in the driver’s seat.  Later, officers searched Bowman-Owens and recovered marijuana and a magazine that matched the .45 caliber handgun.  Bowman-Owens’s fingerprint was located on one of the rounds of ammunition contained in the magazine recovered from his pocket.  Bowman-Owens later admitted to using marijuana consistently for the four months prior to the incident.  At sentencing, the court found Bowman-Owens possessed the .45 caliber handgun. 

Bowman-Owens was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Bowman-Owens was sentenced to 51 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.

Bowman-Owens 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 investigated by the Cedar Rapids 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 21-CR-00026.

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A man who conspired to distribute methamphetamine was sentenced March 15, 2022, in federal court in Sioux City, to more than 7 and ½ years.

Daniel Dickey, 34, from Sioux City, Iowa, pled guilty on October 18, 2021, to conspiracy to distribute methamphetamine.

At the plea and sentencing hearings, evidence showed that between December 2020 and April 2021, Dickey and others conspired to distribute over 30 pounds of methamphetamine in the Sioux City and surrounding area.  Dickey was recruited to assist in the receipt of multiple shipments of liquid methamphetamine for a Texas-based methamphetamine distribution conspiracy. The Texas distribution conspiracy involved importation of liquid methamphetamine (for lab-based meth conversion) plus traditional vehicle transport of methamphetamine from Mexico to Texas to Iowa to South Dakota.  In March and April of 2021, law enforcement conducted multiple controlled drug/money transactions with Dickey in Sioux City, Iowa.  These transactions resulted in the seizure of more than one pound of methamphetamine, a sizable amount of liquid ready for chemical conversion into methamphetamine, and about $40,000 in drug proceeds from Dickey.  Dickey also admitted to wiring money from drug sales to sources in Texas and Mexico at the request of another.

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Dickey was sentenced to 93 months’ imprisonment and must serve a three year term of supervised release following imprisonment.  There is no parole in the federal system.  Dickey 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 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 21-4042.  Follow us on Twitter @USAO_NDIA.

A Cedar Rapids man who led a large-scale methamphetamine trafficking organization was sentenced on March 18, 2022, to 30 years in federal prison. 

George Patrick Ashby, age 62, from Cedar Rapids, Iowa, received the prison term after a July 16, 2021 guilty plea to one count of conspiracy to distribute a controlled substance. 

Evidence disclosed at sentencing showed that, from at least the summer of 2018, and continuing to March 10, 2020, Ashby organized and led a large-scale drug trafficking organization that brought significant amounts of ice methamphetamine from Burlington, Iowa, to the Cedar Rapids area for redistribution.  Ashby possessed firearms in connection with this drug distribution, and he provided firearms to other members of the organization.  Ashby was responsible for distributing at least 4.5 kilograms of ice methamphetamine. 

Ashby was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Ashby was sentenced to 360 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.

Ashby 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 Emily Nydle and Dillan Edwards 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 Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff’s Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa Division of Narcotics Enforcement; and the Burlington Police Department. 

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

The case file number is 20-CR-00027.

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A Cedar Rapids man who intended to distribute methamphetamine and possessed a firearm while doing so was sentenced today to more 15 years in federal prison.  

Thomas Charles Mart, age 38, from Cedar Rapids, Iowa, received the prison term after an August 27, 2021 guilty plea to one count of possession with intent to distribute a controlled substance and one count of possession of a firearm in furtherance of a drug trafficking crime.

In a plea agreement, Mart admitted that, on September 24, 2020, he possessed with the intent to distribute over 350 grams of methamphetamine and possessed a revolver in furtherance of his drug trafficking.  Mart also admitted that, on October 11, 2020, he fled from officers on his motorcycle and possessed with the intent to distribute over 16 grams of methamphetamine.  Mart further admitted that, on April 29, 2021, he possessed with the intent to distribute over 100 grams of methamphetamine. 

Mart was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Mart was sentenced to 180 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.  Mart 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 investigated by the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police 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 21-CR-00029.

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A man who illegally possessed a firearm and possessed crack cocaine he intended to distribute was sentenced March 17, 2022, to 10 years in federal prison.

Patrick Green, age 50, from Dubuque, Iowa, received the prison term after October 12, 2021 guilty pleas to one count of being a felon in possession of a firearm and one count of possessing with intent to distribute cocaine base, which is also known as crack cocaine.

At the plea hearing, Green admitted that he illegally possessed the firearm in July 2017 and that he possessed the crack in October 2018.  Green had previously been convicted of seven felonies, including four drug felonies, two armed robberies, and aggravated discharge of a firearm.

Green was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Green was sentenced to 120 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.

Green is being held in the United States Marshal’s custody 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 investigated by the Dubuque Police Department and prosecuted by Assistant United States Attorney Dan Chatham. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR‑19‑1018‑CJW‑MAR.

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A man who led Dubuque police on a high‑speed chase that ended with his car on its hood and his gun, heroin, fentanyl and cocaine in the snow was sentenced March 17, 2022, to four years in federal prison.

Richard Allen Roberts, age 39, from Chicago, Illinois, received the prison term after September 27, 2021 guilty pleas to one count of distributing crack near a playground and one count of being a felon in possession of a firearm.

In a plea agreement, Roberts admitted that he sold about a half gram of crack cocaine to a confidential informant near Jefferson Park in Dubuque on January 26, 2021.  About a week later, police tracked Roberts’s car from Dubuque to Chicago.  When he returned to Iowa on February 5, 2021, officers stopped the car after it crossed the bridge into Dubuque from Wisconsin.  A narcotics K9 alerted to the odor of narcotics coming from Roberts’s vehicle.  After an officer asked Roberts to get out of his car, Roberts put the car in gear and fled.  During the subsequent chase, Roberts’ vehicle reached speeds in excess of 80 miles per hour and collided with a snowplow but kept going.  Roberts eventually lost control of his car approximately 3.5 miles away in Illinois, flipping the car over into a snow‑filled median.  When the car was turned back over, officers found a plastic bag containing about 32 grams of powder cocaine, 44 grams of crack cocaine, over 9 grams of heroin, 1.5 gram of heroin and fentanyl.  Next to the bag was a Smith & Wesson 9mm pistol.  Roberts had previously been convicted of 11 prior felony crimes in Illinois.

Roberts was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Roberts was sentenced to 48 months’ imprisonment.  He must also serve a 6-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.

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

The case was investigated by the Dubuque Drug Task Force and prosecuted by Assistant United States Attorney Dan Chatham. 

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 21‑CR‑1017‑CJW‑MAR.

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A Sioux City man who sexually assaulted a child pled guilty March 10, 2022, in federal court in Sioux City.  Juan Pablo Hernandez, age 44, from Sioux City, Iowa was convicted of aggravated sexual abuse of a child.

At the plea hearing, Hernandez admitted to driving from South Sioux City, Nebraska to Sioux City with a minor under the age of 12 to sexually assault the minor.

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.  Hernandez remains in custody of the United States Marshal pending sentencing.  Hernandez faces a possible maximum sentence of life 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 Sioux City Police Department and Homeland Security Investigations. 

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

The case file number is 21-4093.

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A Sheldon man who sold large amounts of methamphetamine received through the mail was sentenced on March 11, 2022, to more than 12 years in federal prison.

Scott Demers, age 39, from Sheldon, Iowa was convicted of conspiracy to distribute methamphetamine and possession of a firearm in furtherance of drug trafficking.  Demers admitted to receiving large quantities of methamphetamine through the mail and distributing it.  Demers also admitted to possessing a firearm in furtherance of trafficking methamphetamine. 

Demers was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Demers was sentenced to 153 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.

The case was prosecuted by Assistant United States Attorney Ron Timmons and investigated by the United States Postal Inspection Service and the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Woodbury County Sheriff's Office; the Sioux City Police Department; the South Sioux City Police 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 21-4019.

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A felon who possessed a firearm and then ran from the police was sentenced March 16, 2022, to more than five years in federal prison.

Christopher Cungtion, Jr., age 29, from Cedar Rapids, Iowa, received the prison term after an August 19, 2021 guilty plea to one count of possession of a firearm by a felon.

Information presented at sentencing showed that on September 7, 2020, Cungtion was a passenger in a van that was stopped by the Cedar Rapids Police Department.  As the van was stopping, Cungtion placed a loaded 9mm pistol into his girlfriend’s purse.  After the van stopped, he immediately ran from the van.  A CRPD officer ran after and caught Cungtion and arrested him on an outstanding warrant.  Officers later searched the girlfriend’s purse and found the firearm.  Cungtion had previously been convicted of 20 crimes as an adult, including felonies for third degree burglary, intimidation with a dangerous weapon, willful injury resulting in bodily injury, and assault with a dangerous weapon.

Cungtion was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Cungtion was sentenced to 63 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.

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

The case was investigated by the Cedar Rapids Police Department and prosecuted by Assistant United States Attorney Dan Chatham. 

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.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 20‑CR‑00100‑CJW‑MAR.

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TriLink Saw Chain, LLC, and TriLink Global, LLC (TriLink), nationwide importers of chain saw chains and blades manufactured in China and intended for sale in the United States, have agreed to pay $525,000 to resolve allegations that they violated the False Claims Act by misclassifying their imported chain saw chains and blades to U.S. Customs and Border Protection (USCBP).

The government specifically alleged that from September 24, 2018, though June 10, 2019, TriLink classified imported chain saw chains and blades under inappropriate subheadings of the Harmonized Tariff Schedule of the United States. The government further alleged that TriLink’s false classification of the imported chain saw chains and blades during that time period resulted in nonpayment of applicable tariffs due and owing to the United States pursuant to Section 301 of the Trade Act of 1974.

“False classification of imported goods deprives the United States of tariffs that are due and owing under the law and results in unfair competition against law-abiding companies,” said Timothy Duax, Acting United States Attorney for the Northern District of Iowa. “We will continue to work with our federal partners to hold importers accountable to ensure that they do not avoid payment to the United States.”

LaFonda D. Sutton-Burke, the Chicago Director of Field Operations for U.S. Customs and Border Protection stated, “This is a prime example of the vigilance of our CBP employees, and our use of a whole of government approach. Entities that attempt to defraud the U.S. Government, the American people, and our economy will not succeed.”   

This civil matter arose from an action brought under the whistleblower provisions of the False Claims Act. Pursuant to that Act and the settlement agreement, the whistleblower will share in the United States’ financial recovery.

The claims asserted against TriLink are allegations only; there was no determination or admission of liability.

The case was handled by Assistant United States Attorneys Matthew K. Gillespie and Jacob A. Schunk and was investigated in coordination with USCBP.

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

The case file number is 20-CV-58-LTS-KEM.

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A Waterloo woman who purchased a gun for her friend was sentenced March 15, 2022, to six months in prison.

Destiny Nacole Harrington, age 21, from Waterloo, Iowa, received the prison sentence after a November 8, 2021 guilty plea to making a false statement during the purchase of a firearm. 

Information disclosed at sentencing and at her plea hearing showed that, in August 2021, Harrington purchased a 9mm firearm from a business in Cedar Falls, Iowa.  During the purchase, Harrington represented to the business that she was purchasing the gun for herself.  Harrington was actually buying the firearm for her friend, who was prohibited from possessing guns because he was a felon.  Less than 48 hours later, the firearm that Harrington purchased was used by someone else to shoot and kill someone.  There is no evidence that Harrington knew the gun was going to be used in the homicide.  Harrington has no criminal history. 

Harrington was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Harrington was sentenced to six months’ imprisonment, followed by four months of home detention.  She must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system. 

The case was prosecuted by Assistant United States Attorney Ashley Corkery and investigated by the Cedar Falls Police Department, the Waterloo Police Department, and the Bureau of Alcohol, Tobacco, Firearms & Explosives.  

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

The case file number is 20-CR-02066.

A man who possessed with intent to distribute methamphetamine was sentenced on March 14, 2022, in federal court in Sioux City.

Arturo Flores, 23, from Eagle Pass, Texas, pled guilty on November 3, 2021 to possession with intent to distribute methamphetamine.

Evidence presented in court showed that on June 16, 2021, in Sioux City, Iowa, law enforcement stopped Flores for several traffic violations, including speeding.  A female passenger, her baby and an 11-year old were also in the vehicle.  After a K-9 (drug dog) alerted on the vehicle, law enforcement located and seized over 4 pounds of methamphetamine hidden inside a drink cooler in front of the front passenger’s seat. Police also found over $2,000 cash in the passenger’s purse, and a small rock of methamphetamine found in the driver’s side door pocket.  Flores admitted that he had acquired the methamphetamine in South Texas and was bringing it to Iowa for further distribution.

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Flores was sentenced to 10 years’ imprisonment and must serve a term of five years of supervised release following imprisonment.  There is no parole in the federal system.  Flores 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 21-4061.  Follow us on Twitter @USAO_NDIA.

A man who unlawfully sold unapproved versions of drugs used to treat erectile dysfunction for the second time was sentenced on March 15, 2022, to more than one year in federal prison.  David Kempema, age 61, from Sioux City, Iowa, received the prison term after an October 26, 2021 guilty plea to introducing misbranded drugs into interstate commerce with intent to defraud.

Information from a plea agreement and sentencing hearing shows that between February 2014 and December 2018, Kempema advertised and offered for sale pills that he had ordered from India or Germany.  The pills contained the same active ingredients as Viagra and Cialis, which were prescription drugs approved by the Food and Drug Administration (“FDA”) to treat erectile dysfunction.  To advertise his pills, Kempema placed advertisements in men’s restrooms in businesses along the Interstate 29 corridor.  The advertisements referred to the pills as male enhancement “dietary supplements” called “Supermale” and “All Natural Male.”  Kempema obtained or attempted to obtain at least 4,059 pills for resale.  When interviewed by an FDA agent, Kempema admitted that he knew the drugs were not the FDA-approved versions and that they contained the same active ingredients as the FDA-approved versions.           

Kempema was previously convicted of introducing misbranded drugs into interstate commerce in 2011 in United States v. David Kempema, case number 11-CR-4140 in the Northern District of Iowa.  In a plea agreement in that case, Kempema admitted that, between October 2009 and July 2011, he ordered pills from India that contained the same active ingredients as Viagra and Cialis.  Kempema then sold the non-FDA-approved pills under the names of Viagra and Cialis.  On February 8, 2012, defendant was sentenced to 60 days’ imprisonment and one year of supervised release.   

Kempema was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Kempema was sentenced to 18 months’ imprisonment.  He must also serve a one-year term of supervised release after the prison term.  There is no parole in the federal system.

“Individuals who sell misbranded drugs obtained from overseas are taking advantage of American consumers while putting those same consumers at risk of side effects from these drugs,” said Acting United States Attorney Timothy Duax.  “For the second time, David Kempema put the lives of others on the line because of his own personal greed.  This sentence holds him accountable for his actions and demonstrates that this type of crime will not be tolerated.”

“Prescription drugs that are smuggled from overseas and are outside the secure supply chain can present a serious health risk to those who use them. The drugs may contain unknown or dangerous ingredients and are manufactured under unknown or unregulated conditions,” said Special Agent in Charge Charles L. Grinstead, FDA Office of Criminal Investigations Kansas City Field Office. “We will continue to investigate and bring to justice those who traffic in illegal prescription drugs.”

David Kempema 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 Kyndra Lundquist and investigated by the FDA Office of Criminal Investigation. 

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

The case file number is 21-CR-4081.

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A man who possessed with intent to distribute methamphetamine was sentenced March 16, 2022, in federal court in Sioux City.

On October 12, 2021, Celestin Loux, 64, from Eagle Grove, Iowa, pled guilty to possession with intent to distribute methamphetamine.

At the plea and sentencing hearings, evidence showed that from December 2019 through February 2020, Loux sold a total of 51.54 grams of methamphetamine to law enforcement in the course of three transactions.  Evidence further showed that, on November 10, 2020, law enforcement conducted a traffic stop of Loux after receiving a report of a vehicle theft.  Law enforcement seized seven bags from Loux’s person totaling 14.39 grams of methamphetamine.  While on pretrial release, Loux violated court orders on multiple occasions, including continued use of methamphetamine, possessing a firearm, and failing to comply with directives from his supervising probation officer.    

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Loux was sentenced to 62 months’ imprisonment and must serve a 4-year term of supervised release following imprisonment.  There is no parole in the federal system.  Loux 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 Patrick T. Greenwood and was investigated by the Iowa Department of Narcotics Enforcement, Wright 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 21-3024. 

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

Vantez Wright, Jr., age 19, from Waterloo, Iowa, received the prison term after an October 12, 2001, guilty plea to one count of possession of a firearm by a drug user.

At the guilty plea, Wright admitted that on February 26, 2021, he knowingly possessed a firearm, a Springfield .45 caliber pistol, as a prohibited person.  Wright was prohibited from possessing a firearm because he was an unlawful user of marijuana, a controlled substance.  During the execution of a search warrant at Wright’s house on February 26, 2021, police officers found a loaded .45 caliber handgun.  Officers also found marijuana which Wright admitted regularly using and selling for extra money.  Wright stated he preferred to have the gun at his house, “just in case.”  Later at the police station, Wright provided a urine sample which tested positive for marijuana metabolites, confirming that defendant had recently used marijuana.

Wright was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Wright was sentenced to 15 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.

Wright was released on the bond previously set and is to surrender to the United States Marshal on May 9, 2022.

The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Waterloo Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). 

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

The case file number is 21-CR-2048.

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A woman who distributed methamphetamine was sentenced today to more than three years in federal prison.

Paige Elizabeth Axler, age 25, from Cedar Rapids, Iowa, received the prison term after a September 27, 2021 guilty plea to distributing at least fifty grams of actual (pure) methamphetamine.

Evidence at the plea and sentencing hearings showed that on two occasions in December 2020, Axler distributed approximately two ounces of ice methamphetamine.  The first time, she brought a seven-year-old child with her to the drug deal.  The second time, she obtained the ice methamphetamine from a person in a hotel room before selling it to another person.  Though she is only 25 years old, Axler has accumulated eight adult criminal convictions.

Axler was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  She was sentenced to 45 months’ imprisonment.  She must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.

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

The case was prosecuted by Special Assistant United States Attorney Devra T. Hake and investigated by 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 21-CR-43.

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A man who conspired to distribute methamphetamine while he illegally possessed a gun was sentenced March 10, 2022, in federal court in Sioux City.

Matthew Sandoval, 28, from Sioux City, Iowa, received the prison term after an October 28, 2021, guilty plea of conspiracy to distribute methamphetamine.  Sandoval had prior convictions for assault, possessing controlled substances, and three convictions of evading law enforcement which involved high-speed pursuits.

Evidence at the hearings showed that between 2016 and continuing to June 2021, Sandoval and others conspired to distribute at least 40 pounds of methamphetamine in the Siouxland area while he possessed a firearm.  The conspiracy involved, in part, several shipments of methamphetamine utilizing the United States Postal Service.

“The U.S. Postal Inspection Service works diligently to preserve the integrity of the US Mail said Ruth M. Mendonça, Inspector in Charge of the Denver Division of the United States Postal Inspection Service, which includes Iowa.  People who use the mail to distribute dangerous drugs cause great harm to our communities, and they also place USPS employees at risk of exposure to dangerous controlled substances as well as violence associated with drug trafficking. This conviction reflects successful teamwork among federal, state and local law enforcement. We want the public to know that Postal Inspectors will aggressively pursue anyone who attempts to use the Postal Service for criminal activity. We will not allow the U.S. Mail to be used to commit crimes, and we aim to keep illegal drugs out of the mail for the safety of our employees and customers."

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Sandoval was sentenced to 234 months’ imprisonment and must serve a five-year term of supervised release following imprisonment.  There is no parole in the federal system.  Sandoval 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 Patrick T. Greenwood 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, and by the United States Postal Inspection Service.    

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

The case file number is 21-4059.  Follow us on Twitter @USAO_NDIA.

Matthew Welcher, age 43, of Dundee, Iowa, has been charged with being a prohibited person in possession of a firearm.  The charge is contained in an Indictment unsealed on March 7, 2022, in United States District Court in Cedar Rapids.  

The Indictment alleges that, in May 2021, Welcher possessed a rifle after having been convicted of two felonies and a misdemeanor crime of domestic violence and while he was subject to a no contact order. 

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

Welcher appeared for a detention hearing today in federal court in Cedar Rapids and was held without bond.  Welcher’s next appearance for trial is set for May 9, 2022.

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 Delaware County Sheriff’s Office, 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 22-2011.

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A man who had sex with a minor was convicted by a jury today after a three-day trial in federal court in Cedar Rapids.

Stephen Albert, age 50, from Tama, Iowa, was convicted of one count of sexual abuse by threat and force and one count of sexual abuse of a minor.  The verdict was returned this afternoon following less than two hours of jury deliberations.

The evidence at trial showed that, beginning in the summer of 2012 and continuing through October 2016, Albert sexually assaulted a child on the Meskwaki Settlement.  The sexual assaults took place in various homes on the Settlement as well as at Albert’s place of employment. 

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Albert remains in custody of the United States Marshal pending sentencing.  Albert faces a possible maximum sentence of life imprisonment, a $500,000 fine, and a lifetime of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorneys Lisa C. Williams and Emily K. Nydle and was investigated by Federal Bureau of Investigation, the Meskwaki Nation Police Department, the Tama City Police Department, and the Cedar Rapids Police Department. 

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

The case file number is 21-CR-62.

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A man who attempted to carjack a car and subsequently tried to have a witness killed pled guilty on March 7, 2022, in federal court in Cedar Rapids.

Christopher Daniel Taylor, age 39, from Cedar Rapids, Iowa, was convicted of attempted carjacking, using and carrying a firearm during and in relation to a crime of violence, and attempted witness tampering.

At the plea hearing, Taylor admitted that on December 3, 2020, he attempted to take a car from another person in Cedar Rapids.  During the attempted carjacking, he displayed a firearm.  He subsequently attempted to have a witness killed to prevent the witness from testifying or otherwise communicating information about his federal offenses to law enforcement. 

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Taylor remains in custody of the United States Marshal pending sentencing.  Taylor faces a mandatory minimum sentence of 7 years’ imprisonment and a possible maximum sentence of life imprisonment, a $750,000 fine, and 5 years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Kyndra Lundquist and was investigated by the Marion Police Department, the Cedar Rapids Police Department, and the Cedar Rapids Safe Streets Task Force.  The task force is composed of representatives from the Federal Bureau of Investigation and the Cedar Rapids Police Department.  

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

The case file number is 21-CR-0016.

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A man who conspired to distribute methamphetamine while he illegally possessed firearms was sentenced March 3, 2022, to more than 11 years in federal prison.

Lucas Lowman, 39, from Mason City, Iowa, received the prison term after an October 7, 2021, guilty plea of conspiracy to distribute methamphetamine and prohibited person in possession of firearms.  Lowman was previously convicted of Possession of a Controlled Substance-3rd or Subsequent Offense, in the Iowa District Court for Cerro Gordo County, in 2004.  This conviction prohibits a person in Iowa from possessing firearms.

Evidence at the plea and sentencing hearings showed that between October 2019 and March 2021, Lowman possessed a number of guns, including a 12-gauge shotgun. Lowman utilized a gun to assault another, and between April 2019 and November 2019, Lowman and others conspired to distribute methamphetamine.

Lowman was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Lowman was sentenced to 135 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.  Lowman 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 T. Greenwood and investigated by the Iowa Division of Narcotics Enforcement, Mason City Police Department, Iowa State Patrol, Cerro Gordo County Sheriff’s Office, North Central Iowa Drug Task Force, and Iowa DCI Laboratory. 

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

The case file number is 21-3020. 

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A man who possessed, with the intent to distribute, methamphetamine was convicted by a jury on February 25, 2022, after a 4-day trial in federal court in Sioux City.

Carmelo Valdez Romero, 35, from Sioux City, Iowa, was convicted of possession with intent to distribute methamphetamine.  The verdict was returned following about three hours of jury deliberations.

The evidence at trial showed that on March 17, 2020, Valdez Romero and others possessed with intent to distribute about 20 pounds of methamphetamine.  Valdez Romero aided others in the removal of 20 one-pound packages of methamphetamine hidden in the gas tank of a rental vehicle which had traveled from California to rural Dickinson County, Iowa, with the methamphetamine for further re-distribution.  Specifically, in a machine shed on the property, Valdez Romero removed the rear seats of the vehicle, removed the fuel pump, as well as other equipment attached to the gas tank and physically helped another retrieve the methamphetamine from the two-part gas tank.  During the execution of a search warrant at the property, law enforcement agents seized 15 pounds of methamphetamine from a safe inside the machine shed, and five more pounds of methamphetamine being driven away from the property, including one pound of methamphetamine from the vehicle operated by Valdez Romero.  Agents also seized $700 from Valdez Romero and $900 from the other two vehicle occupants, all pre-serialized money used by agents earlier that day to purchase one pound of methamphetamine from Valdez Romero’s drug associate by confidential informants.

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Valdez Romero remains in custody of the United States Marshal pending sentencing.  Valdez Romero 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 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 20-4051. 

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A man who conspired to distribute methamphetamine pled guilty February 18, 2022, in federal court in Sioux City.

Armando Silva Reyes, 55, from Spencer, Iowa, was convicted of one count of conspiracy to distribute methamphetamine and two counts of possession with intent to distribute methamphetamine.

At the plea hearing, Silva Reyes admitted that between January 2020 and February 2021, he and others were involved in a conspiracy to distribute pound-levels of methamphetamine in Northern Iowa.  On at least two separate occasions, Silva Reyes distributed more than a quarter pound of pure methamphetamine to individuals cooperating with law enforcement.  On February 3, 2021, defendant and others received approximately 3 pounds of methamphetamine utilizing the United States Postal Service at the Spencer Post Office. 

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Silva Reyes remains in custody of the United States Marshal pending sentencing.  On each count, Silva Reyes 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 Patrick T. Greenwood and was investigated by Iowa Division of Narcotics Enforcement, Clay County Sheriff’s Office, Bureau of Alcohol, Tobacco, Firearms and Explosives, and Iowa DCI Laboratory. 

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

The case file number is 21-4040.  Follow us on Twitter @USAO_NDIA.

A man who illegally possessed child pornography was sentenced February 24, 2022, to 4 years in federal prison.

Johnny E. Gutierrez, 21, from Melvin, Iowa, received the prison term after an April 21, 2021, guilty plea to two counts of possession of child pornography.

Gutierrez admitted that between February 2016 and November 2019, he possessed visual depictions of minors engaged in sexually explicit conduct, including depictions involving a minor who had not attained 12 years of age.  Gutierrez further admitted to distributing child pornography to other individuals.  As a result of the investigation, officers recovered approximately 51 images and 26 videos of child pornography from Gutierrez’s computer hard drive and approximately 38 images of child pornography from his cell phone. 

Gutierrez was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Gutierrez was sentenced to 48 months’ imprisonment and must pay a total of $3,000 in restitution.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.  Gutierrez is being held in the United States Marshal’s custody until he can be transported to a federal prison.

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 prosecuted by Assistant United States Attorney Mikala Steenholdt and Patrick T. Greenwood and investigated by Homeland Security Investigation. 

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

The case file number is 20-4073.  Follow us on Twitter @USAO_NDIA.

A man who illegally possessed a firearm was sentenced February 25, 2022, to more than 3 years in federal prison.

Stephen Bryant, 52, from Fort Dodge, Iowa, received the prison term after an October 8, 2021, guilty plea to prohibited person in possession of a firearm.  Bryant was previously convicted of manufacture of methamphetamine in Marshall County, Mississippi in 2003, and manufacture/delivery of a controlled substance in Sioux County, Iowa, on April 18, 2016.

At the plea hearing, Bryant admitted he was previously convicted of a felony and was a drug user which prohibit him from possessing firearms.  Evidence showed that on May 8, 2021, law enforcement conducted a traffic stop on a vehicle Bryant was driving.  Due to suspicious behavior, law enforcement deployed a K-9 on the exterior of the vehicle which indicated to the presence of controlled substances.  Officers seized a handgun, which was determined to be stolen, and a magazine located underneath the driver seat. 

Bryant was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Bryant was sentenced to 41 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.  Bryant is being held in the United States Marshal’s custody 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 investigated by Spencer Police Department, Clay County Sheriff’s Office, 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 21-4045.  Follow us on Twitter @USAO_NDIA.

A man who conspired to distribute methamphetamine and illegally possessed a firearm was sentenced on February 28, 2022, to 15 years in federal prison.

Joshua Currier, 31 from Spencer, Iowa, pled guilty October 5, 2021, to conspiracy to distribute methamphetamine and illegal possession of a firearm.  Currier was previously convicted of Forgery, in the Iowa District Court for Dickinson County, on or about June 13, 2011, and Domestic Abuse Assault Impeding Flow of Air/Blood in the Iowa District Court for Clay County, on or about August 9, 2017.  Both convictions prohibit Currier from possessing a firearm.

Evidence at the hearings showed that between January 2020 and continuing to on or about February 2021, Currier and others conspired to distribute at least 5 kilograms of methamphetamine.  Further evidence showed that in December 2020, Currier traded a Canik 9mm pistol and methamphetamine and then gave to another to settle a drug debt. 

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Currier was sentenced to 15 years’ imprisonment and must serve a 5-year term of supervised release following imprisonment.  There is no parole in the federal system.  Currier 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 Clay County Sheriff’s Office, Spencer Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, Iowa Great Lakes Drug Task Force, and Iowa DCI Laboratory. 

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

The case file number is 21-4037.  Follow us on Twitter @USAO_NDIA.

A Fort Dodge man who stole over $15,000 in Social Security benefits from a severely disabled woman was sentenced February 23, 2022, to ten months in federal prison.  Donald Glenn Conner, also known as Donald Luevanos, age 38, received the prison term after a September 16, 2021 guilty plea to one count of representative payee fraud.

In a plea agreement, and at his guilty plea and sentencing hearings, Conner admitted that, in March 2018, the Social Security Administration (SSA) approved his application to become the representative payee for a severely disabled relative. A representative payee is a person whom the SSA entrusts to manage Social Security funds for those who cannot do so due to mental, physical, or other limitations.  A doctor had diagnosed Conner’s relative with a severe mental impairment, and she also had a number of other physical health issues.  In May 2019, Conner admitted his victim to a local nursing home on the false pretense that she was on Medicaid when she was not.  Conner then used his victim’s social security funds for his own purposes, including at a casino, a grocery store, and for videogames, subscription services, and other bills.  In March 2020, after the nursing home began asking questions about Conner’s use of his victim’s Social Security funds, Conner abruptly removed his victim from the nursing home against a doctor’s medical advice and left the nursing home with an unpaid bill in excess of $50,000.  The investigation also revealed that Conner falsely underreported his household income and received an overpayment of Section 8 federal housing benefits.

Conner was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Conner was sentenced to 10 months’ imprisonment.  He was ordered to make $15,499 in restitution.  He must also serve a two-year term of supervised release after the prison term.  There is no parole in the federal system.

Conner 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 Social Security Administration, Office of Inspector General, and Health and Human Services, Office of Inspector General. 

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

The case file number is 21-CR-3027.

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A pharmacist who stole controlled substances from two Dubuque area pharmacies and tampered with medications pled guilty yesterday in federal court in Cedar Rapids.

Anthony Pape, age 33, from Dubuque, Iowa, was convicted of two counts of theft of controlled substances from two different pharmacies and two counts of tampering with a consumer product, specifically controlled substances.

In a plea agreement, Pape admitted that he worked as a pharmacist in two different pharmacies in Dubuque when he stole controlled substances from the pharmacies.  An inventory of the pharmacies found hundreds of doses of controlled substances were stolen over the course of his employment.  Subsequent investigation also found that, during March of 2020, Pape tampered with capsules of controlled substances by removing all or most of the controlled substance from the capsule and then returning the empty capsules to the pharmacy bulk medication bottle, resulting in these pills being provided to patients.   

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Pape remains free on bond previously set pending sentencing.  Pape faces a possible maximum sentence of 28 years’ imprisonment, a $1,000,000 fine, and 8 years of supervised release following any imprisonment.  At the plea Pape acknowledged that he will also be required to pay restitution to the victims of his crimes and will forfeit his Iowa pharmacist’s license.

The case is being prosecuted by Assistant United States Attorney Patrick J. Reinert and was investigated by Drug Enforcement Administration and the U.S. Food & Drug Administration Office of Criminal Investigation. 

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

The case file number is 21-CR-01032.  Follow us on Twitter @USAO_NDIA.

A Montana man who cheated a Cedar Rapids derecho victim out of more than $10,000 in insurance proceeds pled guilty today in federal court in Cedar Rapids.   William Allen Hurlbut, Jr., age 57, from Belgrade, Montana, was convicted of one count of mail fraud.

The derecho was a severe windstorm that swept through Cedar Rapids on August 10, 2020.  The derecho caused widespread damage and long-term power outages.  In Cedar Rapids alone, over 1,000 housing units were rendered unlivable, while hundreds of additional homes and businesses suffered damage.

At the plea hearing, and in a plea agreement, Hurlbut admitted that he came to Iowa after the derecho, professing to be a handyman and doing business as “Trinity 321.”  Hurlbut lacked a required contractor license but obtained a cell phone number with a local area code 319 to conduct business.  Hurlbut has a prior federal felony conviction in Idaho for destruction of government property.

In September 2020, Hurlbut promised his victim, a Cedar Rapids resident, that Hurlbut would fix damage to the victim’s residence as soon as possible if the victim advanced funds to Hurlbut for that purpose.  The derecho had caused more than $10,000 worth of damage to the victim’s residence, including damage to the roof and the siding, fences, and the interior of the home.  Hurlbut’s victim was using a wheelchair on account of physical disabilities.  

Instead of repairing the derecho damage to the victim’s residence, Hurlbut spent insurance funds advanced to Hurlbut for the repair costs on gambling and personal items and expenses.  Hurlbut made false statements to his victim about the status of the project and also made purchases at a home improvement store on the false pretense that he was buying materials to complete the project.  Hurlbut would then return the items for a cash refund, which Hurlbut then used for his own purposes.  The investigation revealed that, over a two-week period in October 2020, Hurlbut spent at least $22,532.50 gambling at an Iowa casino.

On January 25, 2021, Hurlburt had a tow truck tow the victim’s vehicle from the victim’s backyard to a junkyard without purchasing it from the victim or getting his permission.  In February, Hurlbut convinced his victim to loan him $1,000 for lodging and food, which Hurlbut never repaid.  Through March 2021, Hurlbut performed little to no work on the project despite the fact that the victim had advanced more than $10,000 to Hurlbut for the repairs.

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Hurlbut remains in custody of the United States Marshal pending sentencing.  Hurlbut faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, and three years of supervised release following any imprisonment.  Hurlbut must also make full restitution to his victim.

The case is being prosecuted by Assistant United States Attorney Timothy L. Vavricek and was investigated by the Cedar Rapids Police Department.  The Linn County Attorney’s Office also assisted in the investigation.

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

The case file number is 22-CR-16.

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A Kentucky man who possessed an unregistered firearm was sentenced February 17, 2022, to more than three years in federal prison.

James Manuel Lowe, age 51, from Ashland, Kentucky, received the prison term after an August 25, 2021 guilty plea to possession of an unregistered firearm.

At the guilty plea, Lowe admitted possessing a weapon that was made from a shotgun that had an overall length of less than 26 inches and a barrel or barrels of less than 18 inches in length while in Iowa.  Lowe had not registered this firearm. Lowe also has convictions for larceny, forgery, wrongful destruction, unlawful possession of prescription drugs, eluding, possession of methamphetamine, burglary, theft, and possession of drug paraphernalia.  The court found Lowe was a drug user at the time he possessed the firearm.

Lowe was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Lowe was sentenced to 37 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.

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.

Lowe 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 Emily K. Nydle and investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Iowa Department of Criminal Investigations; the Iowa County Sheriff’s Office; the Mahaska County Sheriff’s Office; and the Poweshiek County Sheriff’s Office.

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

The case file number is 21-cr-00044.

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A man who was found in possession of 370 methamphetamine tablets, almost 200 grams of cocaine, and marijuana, was sentenced on February 17, 2022, to five years in federal prison.

Daniel Barlow, age 34, from Madison, Wisconsin, received the prison term after pleading guilty in July 2021 to conspiracy to distribute 50 grams or more of methamphetamine.

In a plea agreement, Barlow admitted that he possessed 151 grams of marijuana, 370 tablets containing 134 grams of methamphetamine, 195 grams of cocaine, and $5,262 in cash.  The drugs and cash were found during a traffic stop in Dubuque County, in a car in which Barlow was the passenger.  During the traffic stop, a drug dog alerted to the odor of drugs coming from the car.  Barlow had attempted to disguise the smell of drugs by sprinkling chili powder over the packages containing the drugs.  Law enforcement then searched the car and found the drugs and money.  Barlow further admitted that he had agreed to distribute at least some of the methamphetamine to other people and that the cash was either proceeds from drug sales or was intended to be used to further drug trafficking.  Barlow had previously been convicted of possessing marijuana with the intent to distribute it in Wisconsin.

Barlow was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  He was sentenced to 60 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.

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

The case was prosecuted by Special Assistant United States Attorneys Devra Hake and Alex Geocaris and was investigated by the Dubuque County Sheriff’s Office and the Dubuque Drug Task Force. 

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

The case file number is 20-CR-01036.

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A man who unlawfully possessed a firearm was sentenced today to six years in federal prison.

Donald Hunt, Jr., age 32, from Cedar Rapids, Iowa, received the prison term after a July 27, 2021, guilty plea to one count of possession of a firearm by a prohibited person.

At the guilty plea, Hunt admitted that on April 2, 2021, he knowingly possessed a firearm, a Smith & Wesson .40 caliber handgun, as a prohibited person.  Hunt was prohibited from possessing a firearm because (1) he had previously been convicted of a felony: Intimidation with a Dangerous Weapon; (2) he was an unlawful user of cocaine and marijuana; (3) he was subject to a state court order restraining him from harassing, stalking, or threatening an intimate partner; and (4) he had previously been convicted of a misdemeanor crime of domestic violence: Assault (Domestic Abuse).  On April 2, 2021, police officers observed Hunt park his car on a Cedar Rapids street.  After Hunt saw the police drive by, he got out of the car and walked up to a house where he placed plastic bags on the porch.  Police Officers then arrived and placed Hunt under arrest on outstanding state charges.  When officers retrieved the bags from the porch, they discovered a loaded handgun along with clothing belonging to Hunt.  Officers also found a small quantity of marijuana and crack cocaine which Hunt admitted using.

Hunt was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Hunt was sentenced to 72 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.

Hunt 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 Cedar Rapids Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). 

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

The case file number is 21-CR-35.

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A man from Ohio who was involved in a conspiracy to distribute drugs was sentenced February 16, 2022, to four years in federal prison.

Dean Warren Wright, age 47, from Cleveland Heights, Ohio, received the prison term after an August 6, 2021 guilty plea to conspiracy to distribute controlled substances.

At the guilty plea, Wright admitted he was part of an agreement to distribute methamphetamine, heroin, and marijuana in the Northern District of Iowa.  Wright was stopped in a vehicle in Iowa and was found to be in possession of more than $74,000 in cash related to drug trafficking.

Wright was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Wright was sentenced to 48 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.

Wright 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 Emily K. Nydle 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 Iowa Division of Narcotics Enforcement, the Tri-County Drug Enforcement Task Force, the Waterloo Police Department, the Black Hawk County Sheriff’s Office, and the Cedar Falls Police Department. 

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

The case file number is 20-cr-2060.

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A Minnesota man who possessed a 12-gauge shot gun while using marijuana and being a convicted felon, pled guilty on February 10, 2022, in federal court in Sioux City.  Michael Anthony Hangman, age 36, from Worthington, MN, was convicted of possession of a firearm by a prohibited person.

At the plea hearing, Hangman admitted to possessing a 12-gauge shotgun while being an unlawful user of marijuana and having prior felony convictions.  Hangman led law enforcement on a police chase beginning in Minnesota and ending in Iowa.  Hangman was traveling at speeds reaching 120 mph.  Hangman’s shotgun was modified or cut to approximately 19 inches and spray painted black. Officers recovered marijuana, a digital scale with meth residue on it, and baggies from Hangman’s car.  Hangman was prohibited from possessing firearms due to his drug use and prior felony convictions in the State of Minnesota for Terroristic Threats-Reckless Disregard, and Drugs-Storing Meth Paraphernalia in the Presence of Child or Vulnerable Adult.

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Hangman remains in custody of the United States Marshal pending sentencing.  Hangman faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, and 3 years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Ron Timmons and Mikala Steenholdt-Purdy and was investigated by Osceola County Sheriff’s Office, Osceola County Attorney’s Office, Nobles County Sheriff’s Office (MN), Buffalo Police Department (MN), Bureau of Alcohol, Tobacco, & Firearms,

Iowa Division of Criminal Investigations Crime Laboratory, and Iowa Division of Narcotics Enforcement. 

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

The case file number is 21-4003.

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A Mason City man who was part of a conspiracy to distribute methamphetamine and heroin with his son was sentenced February 11, 2022, to more than 17 years in federal prison.

Charleton Maxwell, age 60, from Mason City, Iowa, received the prison term after a July 9, 2021, jury verdict finding him guilty of one count of conspiracy to distribute methamphetamine and heroin, two counts of distribution of heroin, and one count of distribution of heroin and methamphetamine.

Evidence at trial showed that Charleton Maxwell, and his son, Antione Maxwell, who is set to be sentenced at a later date, conspired to distribute large quantities of methamphetamine and heroin in and around Mason City between January 2018 and October 2020.  Both Charleton and Antione were caught distributing methamphetamine and heroin.  Testimony at trial showed that both defendants were involved in a long-term conspiracy involving numerous others to distribute pounds of methamphetamine as well as heroin in the Mason City area.

Maxwell was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Maxwell was sentenced to 210 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.

Maxwell 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 North Central Iowa Drug Task Force, the Cerro Gordo Sheriff’s Office, the Mason City Police Department, the Iowa Division of Narcotics Enforcement, and the Clear Lake Police department. 

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

The case file number is 20-3044.

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A man who possessed an AR-15 rifle was sentenced today to more than thirteen years in federal prison.

David Wright, Jr., age 23, from Waterloo, Iowa, received the prison term after a June 10, 2021 guilty plea to two counts of being a felon in possession of firearms.

Evidence in the case showed that Wright and another individual were following an unmarked police car in Waterloo.  A marked police car attempted to conduct a traffic stop on Wright’s vehicle, but the driver refused to stop and fled from police at high rates of speed.  Once the vehicle stopped, Wright fled on foot.  Police located an AR-15 rifle that was fully loaded with a round in the chamber on the seat where Wright was seated.  The AR-15 rifle had previously been stolen.  The month before, Wright was in possession of a .45 caliber handgun.  At the time that Wright possessed these handguns, he was serving a term of federal supervised released, having previously been convicted for illegally possessing firearms as a drug user.

Wright was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Wright was sentenced to 151 months’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  Judge Williams also imposed an additional twelve-month sentence for violating the terms of his supervised release.  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.

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

The case is being prosecuted by Assistant United States Attorney Lisa C. Williams and was investigated by a Federal Task Force composed of the Waterloo Police Department, Federal Bureau of Investigation, and Bureau of Alcohol Tobacco and Firearms assisted by the Black Hawk County Sheriff’s Office and Cedar Falls Police Department. 

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

The case file number is 21-CR-2008.

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A man who conspired to distribute methamphetamine pled guilty February 8, 2022, in federal court in Sioux City.

William Thompson, 62, from Sioux City, Iowa, was convicted of conspiracy to distribute methamphetamine.  Thompson was previously convicted of possession of methamphetamine and unlawful user/felon in possession of a firearm in the United States District Court for the Northern District of Iowa, in 2000.  Thompson was also convicted of possession with intent to deliver a controlled substance as a habitual offender in the Iowa District Court for Woodbury County in 2011.

At the plea hearing, evidence showed that from about 2019 and continuing to on or about June 8, 2021, Thompson and others who worked at the Madonna Rose Café participated in the distribution of approximately 10 pounds methamphetamine.  Thompson was the co-owner of the Café.   On four separate occasions between April and May 2021, Thompson distributed methamphetamine out of the Café to individuals cooperating with law enforcement.  In June 2021, law enforcement executed a search warrant at the Café building and seized approximately one pound methamphetamine from Thompson that he planned to distribute to others.   

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Thompson remains in custody of the United States Marshal 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 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 21-4066.  Follow us on Twitter @USAO_NDIA.

A man who illegally possessed multiple firearms was sentenced today to seven years’ in federal prison.

Devonte Wright, age 21, from Waterloo, Iowa, received the prison term after a May 24, 2021 guilty plea to being a drug user in possession of a firearm.

Evidence in the case showed that Wright possessed at least seven firearms, including a firearm with an obliterated serial number, a stolen firearm, and an AR-15 rifle.  During the time Wright possessed these firearms, he was a marijuana user.  Wright posted multiple videos of himself smoking marijuana while in possession of the firearms to public social media sources. 

Wright was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Wright was sentenced to 84 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.

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

The case is being prosecuted by Assistant United States Attorney Lisa C. Williams and was investigated by a Federal Task Force composed of the Waterloo Police Department, Federal Bureau of Investigation, and Bureau of Alcohol Tobacco and Firearms assisted by the Black Hawk County Sheriff’s Office and Cedar Falls Police Department. 

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

The case file number is 21-cr-2007.

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

Rakeem Leonard, age 30, from Cedar Rapids, was convicted of one count of being a prohibited person in possession of a firearm.  At the plea hearing, Leonard admitted that, on July 19, 2021, he possessed a Taurus 9mm pistol after having been convicted of two felonies and while he was subject to a no contact order.

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Leonard remains in custody of the United States Marshal pending sentencing.  Leonard 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 is being investigated by the High Risk Unit of the Sixth Judicial District Department of Correctional Services, the Cedar Rapids Police Department, 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 21-53.

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A jury found a convicted felon who put a gun to a woman’s head and fired the gun at a residence guilty on February 9, 2022, following a three-day jury trial. 

Trivansky Tyrique Swington, age 29, from Waterloo, Iowa, was found guilty of possessing a firearm as a felon. 

Evidence at trial showed that, on February 15, 2021, Swington was with a group of friends at a residence in Waterloo, Iowa.  The group had been drinking for several hours when some of them decided to leave.  Swington and three others got into a vehicle.  Before the vehicle even left the residence, Swington got into an argument with a woman inside the vehicle.  Swington began scratching and clawing at the woman and pulling her hair.  Swington pulled out chunks of the woman’s hair, which officers later found in the back of the car and in the driveway.  At some point, Swington pulled out a .38 Special Revolver and pointed it at the woman’s head.  Other people in the vehicle tried to wrestle the gun away from Swington.  Eventually, one person got out of the vehicle and went to get help.  Two people, including the victim, called 9-1-1 while Swington was still at the residence.  While they were on the phone with 9-1-1, Swington took off down the street, turned around and fired the gun at the residence.  Officers responded to the scene and spoke with witnesses who said that Swington had pulled out a revolver.  Officers located Swington a couple blocks away.  With the use of a K9, officers were able to track Swington’s path of travel and locate a .38 Special Revolver.  Witnesses positively identified the revolver as the one Swington had pulled on them.  Swington has previously been convicted of a felony offense.

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.

Swington is being held in the United States Marshal’s custody until he can be sentenced.  A sentencing date has not yet been set. 

The case was prosecuted by Assistant United States Attorney Ashley Corkery and Special Assistant United States Attorney Devra Hake and investigated by the Waterloo Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the United States Marshal’s Service. 

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

The case file number is 21-CR-2033.

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A Spencer man who possessed child pornography was sentenced February 9, 2022, to 15 years in federal prison.

Anthony Martin, age 30, from Spencer, Iowa, received the prison term after a September 22, 2021, guilty plea to receipt of child pornography.  In a plea agreement, Martin admitted to knowingly receiving and attempting to receive visual depictions of minors engaged in sexually explicit conduct.  Martin further admitted to receiving and possessing approximately 13 videos containing child pornography and approximately 162 images containing child pornography.  Martin was previously convicted in Iowa of Lascivious Acts with a Child. 

Martin was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Martin was sentenced to 180 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.

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.”

Martin 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 Ron Timmons and investigated by the Iowa Division of Criminal Investigation, the Federal Bureau of Investigation, and the Clay County Sheriff’s Office.  

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

The case file number is 21-4012.

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A Virginia man who laundered over $900,000 in Paycheck Protection Program (PPP) funds pled guilty on February 8, 2022, in federal court in Sioux City.  Benjamin Sakyi, age 31, from Dumfries, Virginia, formerly of Ghana, was convicted of one count of money laundering conspiracy.

The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act is a federal law enacted in late March 2020 that provided emergency financial assistance, including Paycheck Protection Program (“PPP”) and Economic Injury Disaster Loan (“EIDL”) funds, to the millions of Americans who were suffering the economic effects of the COVID-19 pandemic.  Evidence at the plea hearing, and a prior detention hearing in Virginia, showed that Sakyi received over $900,000 in fraudulently obtained CARES Act funds at three different financial institutions in the names of two Virginia corporations, Blue Flight Logistics LLC and NKB Enterprise LLC.  Sakyi then transferred the funds elsewhere.  Sakyi received the CARES Act funds from a Minnesota man, Donald Franklin Trosin, formerly of Armonstrong, Iowa.  Trosin had submitted over 20 fraudulent PPP and EIDL loan applications to the Small Business Administration in the name of Trosin and another individual at Minnesota and Iowa financial institutions.  Trosin falsely represented he had 120 employees on his payroll and over $5 million in payroll expenses when, in truth, Trosin did not operate a business at all.

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Sakyi remains in custody of the United States Marshal pending sentencing.  Sakyi faces a possible maximum sentence of 20 years’ imprisonment, a $500,000 fine, and three years of supervised release following any imprisonment.  In July 2021, the district court sentenced Trosin to 40 months in federal prison for his role in the money laundering conspiracy.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud.  The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts.  For more information on the Department's response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice's National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

The case is being prosecuted by Assistant United States Attorney Timothy L. Vavricek and was investigated by the Internal Revenue Service-Criminal Investigations, the Small Business Administration-Office of Inspector General, and the Federal Bureau of Investigation. 

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

The case file number is 21-CR-4013.  The case file number for Donald Trosin’s case is 20-CR-4066.

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On February 8, 2022, Melroy Johnson Sr., 66, from Sioux City, Iowa, was sentenced to 264 months in federal prison.

Johnson Sr. was found guilty by a jury on July 9, 2021, to conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine. 

Evidence at trial and sentencing, showed that Johnson Sr., in 2017 and 2018, had two co-conspirators travel to California, obtain large quantities of methamphetamine, and deliver the meth to Johnson Sr. in Sioux City for further distribution.  The co-conspirators delivered between one and five pounds of methamphetamine to Johnson Sr.  Evidence at trial also showed that in 2018 and 2019, Johnson Sr. arranged for meth to be mailed from California to various coconspirators in Sioux City. The packages contained from 2-5 pounds of methamphetamine as well as cocaine and marijuana, and were primarily provided to Johnson Sr. for further distribution.

Sentencing was held before United States Chief Judge Leonard T. Strand.    Johnson, Sr. was sentenced to 264 months’ imprisonment.  He must also serve a 10-year term of supervised release following imprisonment.  There is no parole in the federal system.  Johnson, Sr. 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 investigated by the United States Postal Service, 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 19-4065.  Follow us on Twitter @USAO_NDIA.

A woman who conspired to distribute methamphetamine pled guilty February 3, 2022, in federal court in Sioux City.

Tarina Hinojosa, 36, from Sioux City, Iowa, was convicted of conspiracy to distribute methamphetamine.

At the plea hearing, Hinojosa admitted that from January 2021 through September 2021, she and others distributed more than 50 grams of methamphetamine. Evidence further showed that in February 2021, Hinojosa was arrested for possession of an eight-ball of methamphetamine in Sioux City.  Also, in July 2021, in a traffic stop in Sioux City, officers seized 146 grams of methamphetamine in two separate baggies and $2,200 from Hinojosa.  Later, in September 2021, in another traffic stop in Sioux City, officers seized approximately 50 grams of methamphetamine in multiple baggies from Hinojosa.  Hinojosa admitted she planned to distribute some or all of these amounts of methamphetamine to other persons. 

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Hinojosa remains in custody of the United States Marshal and will remain in custody pending sentencing.  Hinojosa 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 5 years of supervised release following any imprisonment.

The case is being 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 21-4082.  Follow us on Twitter @USAO_NDIA.

Daniel Trevino, 45, formerly from Primghar, Iowa, pled guilty on February 5, 2022, to conspiracy to distribute methamphetamine.

At the plea hearing, Trevino admitted that between December 2020 and April 2021, he and others were involved in a conspiracy to distribute more than 500 grams of methamphetamine.  On April 24, 2021, Trevino was stopped while driving.  After Trevino showed signs of impairment, law enforcement received permission to search a bag located next to Trevino.  Inside the bag, law enforcement discovered a scale, cell phones, and other drug paraphernalia.  When the vehicle was being secured to be towed, a black magnetic box fell from the steering column which later was found to contain approximately a quarter pound of methamphetamine. Trevino admitted he had just picked up the methamphetamine from a source in Colorado. 

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Trevino remains in custody of the United States Marshal pending sentencing.  Trevino 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 Patrick T. Greenwood and was investigated by O’Brien 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 21-4076.  Follow us on Twitter @USAO_NDIA.