Northern District of Iowa

A felon with domestic abuse convictions who possessed firearms and ammunition was convicted by a jury on February 3, 2022, after a one-and-a-half-day trial in federal court in Cedar Rapids. 

Douglas Hurt, age 41, of Anamosa, Iowa, was found guilty of possessing two firearms and ammunition after having been convicted of one felony and three misdemeanor crimes of domestic violence.

The evidence at trial showed that, in June 2020, in the cabin where he lived, Hurt possessed a Chinese Type 56 7.62 x 39 mm caliber rifle, a Remington 870 Express Magnum 12-gauge shotgun, and ammunition.

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Hurt was taken into custody by the United States Marshal after the trial and will remain in custody pending sentencing.  Hurt faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, and three years on supervised release following any imprisonment.

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Jones County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Iowa Division of Criminal Investigation. 

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

The case file number is CR 21-59.

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An Arnolds Park man who defrauded a Florida innkeeper while on supervised release on bank fraud and wire charges was sentenced on February 1, 2022, to three years in federal prison.  Ronald Goldberg, age 63, from Arnold’s Park, Iowa, received the prison term after a three-day hearing in federal court in Sioux City.

Evidence at the supervised release revocation and detention hearings showed that, in January 2019, Goldberg checked into an ocean-front hotel in Palm Beach, Florida, with a credit card from a luxury automobile dealership in Dallas, Texas.  When the automobile dealership called the hotel to question a charge on its credit card bill, the hotel confronted Goldberg.  Goldberg then left the hotel in the middle of the night without paying his hotel bill in full.

At the time of the incident at the Palm Beach hotel, Goldberg was on supervised release for a 2016 conviction in the United States District Court for the District of South Dakota for two counts of bank fraud and one count of wire fraud.  Goldberg has a lengthy criminal history, including prior federal convictions for wire fraud and interstate transportation of money obtained by fraud in the Eastern District of Pennsylvania, interstate transportation of stolen securities, possession of stolen securities, bank fraud, and attempted escape in the Southern District of Florida, forging a signature of a United States Magistrate Judge in the United States District Court for the Eastern District of Pennsylvania, and Wire Fraud in the United States District Court for the Southern District of New York.  After the Iowa federal court issued a warrant for Goldberg’s arrest in 2021 to answer for the 2019 incident, Goldberg did not surrender himself and ultimately was arrested in a hotel in Fort Lauderdale, Florida.

Goldberg was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  At the hearing, Chief Judge Strand found Goldberg committed the Florida crime of defrauding an innkeeper, a felony, but not a separate charge of unauthorized use of a credit card.  In imposing sentence, Chief Judge Strand referred to Goldberg as a “con artist” with a lengthy history of defrauding victims.  Goldberg, who holds himself out as a fine Italian wine importer, was sentenced to 36 months’ imprisonment.  He must also serve a two-year term of supervised release after the prison term.  There is no parole in the federal system.

Goldberg is being held in the United States Marshal’s custody until he can be transported to a federal prison.  Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 16-CR-4066-LTS.

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A woman who possessed firearms while being a user of marijuana was convicted by a jury today after a three-day trial in federal court in Cedar Rapids.

Allyssa Stovall, age 23, from Waterloo, Iowa, was convicted of being a drug user in possession of firearms.  The verdict was returned this afternoon following less than two hours of jury deliberations.

The evidence at trial showed that, in July 2020, Stovall purchased two firearms, a Ruger 9mm pistol and a SCCY Industries 9mm pistol, from Scheels in Cedar Falls and Mr. Guns in Waterloo.  She continued to possess the firearms until law enforcement officers seized them on July 22, 2021.  During this time, Stovall was also a user of marijuana.  Stovall posted photographs on public social media of her holding a marijuana blunt and spoke about her marijuana use during a recorded telephone call.  Law enforcement also encountered Stovall in February 2021, after she drove her car into a snowbank.  During this encounter, officers smelled the odor of marijuana from Stovall’s vehicle and eventually located marijuana throughout the vehicle.  Finally, officers located marijuana and other items of drug paraphernalia during a search of Stovall’s apartment in July 2021.

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.

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Stovall was taken into custody by the United States Marshal after the verdict was returned and will remain in custody pending sentencing.  Stovall faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, and three years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Lisa C. Williams and was investigated by a Federal Task Force composed of the Waterloo Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol Tobacco and Firearms assisted by 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 21-cr-2060.

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Fabian Alcaraz-Santillan, 25, from Sioux City, Iowa, was sentenced on January 31, 2022, to 123 months in federal prison. 

Alcaraz-Santillan pled guilty on September 8, 2021, to conspiracy to distribute methamphetamine.

At the hearings, evidence showed that from August 2020 through September 11, 2020, Alcaraz-Santillan and others conspired to distribute more than 10 pounds of methamphetamine in the Sioux City area.  Alcaraz-Santillan received multiple packages of methamphetamine concealed in women’s corsets from Mexico with the intent for further distribution. 

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Alcaraz-Santillan was sentenced to 123 months imprisonment and must serve a 5-year term of supervised release following imprisonment.  There is no parole in the federal system.  Alcaraz-Santillan 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 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 20-4090. 

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A man formerly from Cedar Rapids, Iowa, who possessed a gun after three prior felony convictions was sentenced January 27, 2022, to more than three years in federal prison.

Patrick Derone James, age 28, now from Conyers, Georgia, received the prison term after a June 16, 2021 guilty plea to being a felon in possession of a firearm.

At the guilty plea hearing, James admitted possessing a firearm after being convicted of three felonies, specifically forgery, burglary, and possession of crack cocaine with enhanced penalties.  Evidence at previous hearings showed that, on March 21, 2020, James was in a vehicle that had been reported stolen along with an adult female and two minor children in Cedar Rapids.  In the vehicle, police officers recovered marijuana and a teal firearm with an obliterated serial number.  James admitting possessing the firearm for protection and that he had smoked marijuana in the vehicle earlier in the day.

James was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  James was sentenced to 46 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.

James 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 Cedar Rapids Police Department and the Federal Bureau of Investigation 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 20-cr-00049.

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United States Attorney Sean R. Berry of the Northern District of Iowa has announced his retirement effective January 31, 2022.  After Mr. Berry’s departure, Tim Duax, currently First Assistant United States Attorney and Branch Chief of the District’s Sioux City office, will serve as Acting United States Attorney.

Mr. Berry, a graduate of Northwestern University Pritzker Law School and the University of Notre Dame, began his career as a federal prosecutor in 1989 when he joined the United States Attorney’s Office for the Central District of California in Los Angeles.  During his time in Los Angeles, Mr. Berry prosecuted numerous complex white-collar cases and served as the Chief of the Major Frauds Section.  After a decade in Los Angeles, Mr. Berry moved to the United States Attorney’s Office for the Northern District of Iowa.  Over the next twenty years, Mr. Berry continued to prosecute the most complex fraud cases and child exploitation cases.  Mr. Berry served in numerous leadership roles in the office, including serving as Criminal Chief and First Assistant United States Attorney.  Mr. Berry also served as Acting United States Attorney and United States Attorney on multiple occasions when there was no presidentially appointed United States Attorney in the District. 

“I am truly grateful for the opportunity to serve in the United States Attorney’s Offices for the Northern District of Iowa and the Central District of California.  Representing the United States for more than 30 years has been a great honor,” Berry said.  “It has been a particular privilege to work with the extraordinary attorneys and staff in the Northern District of Iowa.  Their deep commitment to the Department of Justice’s mission is demonstrated in everything they do.  Of course, all of our work is made possible by our fantastic federal, state, and local law enforcement and agency partners who dedicate their lives and often risk their personal safety to make our communities better and safer.”

A man who used a false identification document was sentenced today to nine days in prison.

Francisco Gonzalez-Matias, age 42, a citizen of Mexico illegally present in the United States and residing in Waterloo, Iowa, received the sentence after a November 22, 2021 guilty plea to one count of unlawful use of an identification document.

At the guilty plea, Gonzalez-Matias admitted he used a fraudulent Permanent Resident Card, also known as a “green card,” when he completed employment forms at a business in Cedar Falls in April 2021.  On the employment application, Gonzalez-Matias falsely claimed to be a lawful permanent resident of the United States.  The Alien Registration number on the green card was assigned to a male from Russia.  Gonzalez-Matias also used a fictitious Social Security Number on employment and tax forms at the business.  Social Security and Permanent Resident cards are documents used to prove identity and are prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States.  As an illegal alien, Gonzalez-Matias was not authorized to work in the United States.

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

Gonzalez-Matias was released following the hearing to begin serving his term of supervised release.

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

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

The case file number is 21-CR-2029.

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On January 26, 2022, a man who conspired to distribute methamphetamine was sentenced in federal court in Sioux City.

Nicholas Griffin, 38, from Sioux City, Iowa, pled guilty on August 31, 2021, to conspiracy to distribute methamphetamine.  Griffin was previously convicted of four felony drug offenses, including possession with intent to deliver marijuana in Dickinson County in 2004; delivery of cocaine in Dickinson County in 2008; possession of MDMA with intent to deliver in Blackhawk County in 2008; and possession of marijuana with intent to deliver in Webster County in 2015. 

Evidence at the hearings showed that from November 2020 through January 2021, Griffin and others distributed more than 10 pounds of methamphetamine in the Webster and Hamilton County areas. In January 2021, law enforcement attempted to stop the vehicle Griffin was driving. Griffin attempted to flee, with speeds reaching in excess of 100 mph, ultimately resulting in Griffin crashing his vehicle into a utility pole in Fort Dodge, Iowa.  During a search of the vehicle, law enforcement seized approximately 10 pounds of methamphetamine, about ½ gram of cocaine, about ¼ ounce of marijuana, and $7,559 in U.S. currency. 

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Griffin was sentenced to 214 months’ imprisonment and a ten-year term of supervised release following any imprisonment.  Griffin 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 Iowa Division of Narcotics Enforcement, Iowa State Patrol, Fort Dodge Police Department, Webster County Iowa Sheriff’s Office, Hamilton County Iowa 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 21-3001.  Follow us on Twitter @USAO_NDIA.

A Mexican man who illegally possessed firearms was sentenced yesterday to more than two years in federal prison.

Pedro Salazar-Trejo, age 34, a citizen of Mexico illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after a guilty plea on October 4, 2021, to one count of Possession of a Firearm by an Illegal Alien.

In a plea agreement, Salazar-Trejo admitted that he unlawfully possessed two firearms in July 2021 while being illegally present in the United States.  Salazar-Trejo had previously been deported three times and did not have permission to reenter the United States.  While in the United States illegally, Salazar-Trejo was convicted in Texas of forgery of government documents, a social security card and driver’s license, in 2005, and fleeing the scene of an accident in 2008.  Salazar-Trejo was first deported in May 2014 following a conviction in the Southern District of Texas for illegal entry into the United States.  He was deported a second time in December 2017 following his arrest during a traffic stop in Cedar Rapids, Iowa, by ICE officials.  He was deported a third time in September 2019 following a conviction in the Western District of Texas for Illegal Reentry of a Deported Alien, a felony. 

On July 22, 2021, Cedar Rapids Police Officers responded to a local hotel after Salazar-Trejo called them saying someone was going to kill him and had planted a bomb in his hotel room.  Inside the hotel room officers saw and seized a 9mm pistol and a semi-automatic rifle with a high-capacity magazine.  Both firearms were loaded and both had a round in the chamber.  Salazar-Trejo was taken into custody without incident.

Salazar-Trejo was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Salazar-Trejo was sentenced to 27 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.

Salazar-Trejo 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 Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.

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

The case file number is 21-CR-48.

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A man who set up a heroin and fentanyl distribution deal was convicted by a jury on January 27, 2022, after a four-day trial in federal court in Cedar Rapids.

Derrick Darryl Trawick, age 39, from Chicago, Illinois, was convicted of one count of aiding and abetting the distribution of heroin and fentanyl.  The jury found that the crime occurred near a playground, but did not find that the use of the drugs resulted in serious bodily injury to the customer.  The verdict was returned after about three hours of jury deliberations.

The evidence at trial showed that Trawick was a heroin dealer in Dubuque who was nicknamed “Worm” and “KG.”  During the early morning hours of May 31, 2019, two of his heroin customers contacted him to purchase a $40 bag of heroin.  Trawick and another man drove to meet the customers and then directed them back to Trawick’s residence on Walnut Street, which was around the corner from the playground at Jefferson Park.  Trawick and the other man then returned to Trawick’s residence and went inside.  A short time later, the other man exited the residence, walked to the customers’ car, and sold them the purported heroin, which actually contained both heroin and fentanyl.  The customers then drove to a nearby motel and used the heroin and fentanyl.  One of those customers suffered an overdose during which she lost consciousness and stopped breathing for several minutes.  She regained consciousness after being given Narcan by her companions and chest compressions by a first responder. 

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Trawick remains in custody of the United States Marshal pending sentencing.  Trawick faces a mandatory minimum sentence of one year of imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $2,000,000 fine, and a lifetime of supervised release following any imprisonment.

The case was investigated by the Dubuque Drug Task Force and is being prosecuted by Assistant United States Attorney Dan Chatham and Special Assistant United States Attorney Jason Norwood. 

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

The case file number is 21-CR-1016-CJW.

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A Waterloo man who possessed firearms in furtherance of a drug trafficking crime was sentenced January 26, 2022, to five years in federal prison.

Jordan Charles Johnson, age 28, from Waterloo, Iowa, received the prison term after an August 13, 2021 guilty plea to one count of possession of a firearm in furtherance of a drug trafficking crime.

In a plea agreement, Johnson admitted that, on October 18, 2019, law enforcement recovered over 900 grams of marijuana in vacuumed sealed bags, over $3,000 in United States currency, a Ruger SR22 .22 LR caliber pistol, a Mossberg 715P .22 LR caliber pistol, and a short-barreled Remington 514 .22 LR caliber weapon made from a rifle with no serial number from his bedroom.  Johnson also admitted that he intended to distribute some or all of the marijuana to another person, and that the Ruger SR22 pistol and the Mossberg 715P pistol were available for the protection of himself, his drug proceeds, and the marijuana. 

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

Johnson 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 Dillan Edwards and investigated by the Waterloo Police Department 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 20-CR-02045-CJW.

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Doug Hargrave, age 55, from Puyallup, Washington, pled guilty on January 26, 2022, in federal court in Cedar Rapids.  Aaron McCreight, age 47, from Dothan, Alabama, pled guilty today.  Each man was convicted of one count of bank fraud. 

At the plea hearings, the two men admitted that they formerly held executive positions in Go Cedar Rapids (“GoCR”), an organization that planned and executed Newbo Evolve, a three-day music and cultural event in August 2018.  McCreight was President and Chief Executive Officer, and, in the summer of 2018, Hargrave was GoCR’s Finance Director.  As the Newbo Evolve event dates approached, GoCR did not have enough money to, among other things, pay Kelly Clarkson and buy the alcohol that was to be sold at the concert venue. 

Hargrave and McCreight admitted, as alleged in the charging documents, that they defrauded the financial institution that had extended a loan to GoCR to finance Newbo Evolve by making misrepresentations about Newbo Evolve’s actual ticket sales, projected revenue, projected expenses, and the true amount of loss they were projecting and expecting Newbo Evolve to generate.  They did this in order to fraudulently induce the bank to loan GoCR additional money to support Newbo Evolve.  In July 2018, McCreight and Hargrave sent a false and fraudulent Newbo Evolve 2018 Budget to the bank in support of GoCR’s request for an increase in its loan.  In a meeting with representatives of the bank, McCreight fraudulently misrepresented the number of tickets that had been sold for Maroon 5 and Kelly Clarkson’s performances.  The bank subsequently increased the loan to GoCR from $1.5 million to $2.2 million. 

Sentencing hearings before United States District Court Judge C.J. Williams will be set after presentence reports have been prepared.  Hargrave and McCreight were released on bond pending sentencing.  Hargrave and McCreight each face a possible maximum sentence of 30 years’ imprisonment, a fine, and a period of supervised release following any imprisonment.

The case is being prosecuted by United States Attorney Sean R. Berry and Assistant United States Attorney Kyndra Lundquist and was investigated by the Federal Bureau of Investigation.

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

The case file numbers are 22-CR-01 and 22-CR-02.

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A man who was found with nearly 75 grams of crack cocaine and admitted that he owed someone $13,000 for “fronting” him 226.8 grams of crack cocaine, was sentenced today to ten years in federal prison.

Desmond McSwain, age 31, from Chicago, Illinois, received the prison term after a guilty plea on June 28, 2021, to possession with intent to distribute a controlled substance after having previously been convicted of a serious felony drug offense.

Evidence at the plea and sentencing hearings showed that McSwain sold crack cocaine on multiple occasions in May and June of 2020.  On August 28, 2020, McSwain was a passenger in a car that also contained two children.  When law enforcement stopped the vehicle, they smelled an overwhelming odor of marijuana coming from the car.  Law enforcement found just under 75 grams of crack cocaine, marijuana, and over $1,000 in cash.  McSwain had previously been convicted of multiple felony offenses for trafficking heroin in Illinois.

McSwain was sentenced in Cedar Rapids by United States District Court Judge Linda Reade.  McSwain was sentenced to 120 months’ imprisonment and must also serve an 8-year term of supervised release after the prison term.  There is no parole in the federal system.

McSwain 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 it was investigated by the Dubuque Police Department and the Dubuque Drug Task Force. 

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

The case file number is 21-CR-01002.

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A man who received child pornography was sentenced today to more than 15 years in federal prison.

Ricardo Castillo, Jr., age 64, from Sioux Falls, SD received the prison terms after an August 31, 2021, guilty plea to receipt of child pornography.  In a plea agreement, Castillo admitted that he utilized his work computer to receive and possess child pornography between July 2017 and January 2019.  Castillo committed this offense after having a 1991 conviction for Lascivious Acts with a Child in the Iowa District Court for Woodbury County.  A forensic examination of Castillo’s work computer and a hard drive revealed at least 4,000 images of child pornography, which Castillo attempted to delete when confronted by law enforcement. 

Castillo was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Castillo was sentenced to 183 months’ imprisonment and ordered to pay $9,000 in restitution to victims.  He must also serve a 5-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 Attorneys Mikala Purdy-Steenholdt and Ron Timmons, and was investigated by the Sioux City, Iowa Police Department.

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.”

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

The case file number is 20-CR-4092.

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A man who conspired to distribute methamphetamine and possessed a firearm during his drug trafficking was sentenced January 24, 2022, in federal court in Sioux City.

Jerry Powell, 32, from Sioux City, Iowa, pled guilty on May 19, 2021, to one count of conspiracy to distribute methamphetamine, one count of possession with intent to distribute methamphetamine, one count of illegal possession of a firearm, and one count of possessing a firearm in furtherance of drug trafficking crimes. Powell had two previous drug-related convictions, one in Iowa in 2018 and one in South Dakota in 2007.

At defendant’s plea and sentencing hearings, evidence showed that between 2016 and December 17, 2020, Powell and others conspired to distribute 50 grams of methamphetamine in the Sioux City area.  On December 17, 2020, law enforcement in Sioux City caught Powell attempting to flee a legal traffic stop, first by vehicle, at speeds in excess of 100 mph on city streets, then, after crashing the vehicle, on foot.  Law enforcement observed Powell throw a handgun (later determined to be a loaded .357 magnum revolver) away during his attempted flight.  Law enforcement later seized six ounces of methamphetamine from the vehicle operated by Powell.  Powell admitted he had acquired the methamphetamine from a source and possessed it with the intent to distribute some or all of it to another person or persons.  Powell also admitted he was prohibited from legally possessing a gun due to being a previously convicted felon. 

The court also found that Powell and another, working for another conspirator, were involved in the transport of at least 10 pounds of methamphetamine from a source in Arizona back to Sioux City.

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Powell remains in custody of the United States Marshals Service until he can be transported to a federal prison.  Powell was sentenced to 254 months’ imprisonment and must serve a 5 year term of supervised release following 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.

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

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

The case file number is 21-4005.  Follow us on Twitter @USAO_NDIA.

A man who fled from police and tried to get rid of a loaded firearm, $14,000 in cash, and marijuana was sentenced yesterday to over nine years in federal prison.

Christopher Evans, age 33, from Dubuque, Iowa, received the prison term after pleading guilty on June 7, 2021 to possession of a firearm by a felon.

Evidence at the plea and sentencing hearings showed that, during a high-speed chase with law enforcement, Evans struck a vehicle containing a pregnant woman, two children, and an adult male.  After the collision, a child had glass in his car seat.  Both the pregnant woman and a child suffered injuries as a result of the crash.  Instead of checking on the occupants of that car, Evans continued to flee from law enforcement on foot before being ultimately detained.  During the chase, Evans tried to dispose of a loaded firearm and illegal drugs.

Evans was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Evans was sentenced to 110 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.

Evans 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 Attorney Devra Hake and Assistant United States Attorney Jake Schunk, and it was investigated by the Dubuque 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 20-CR-01041.

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A man who illegally returned to the United States after being deported three times was sentenced today to ten months in federal prison.

Juan Ramirez-Morales, age 37, a citizen of Guatemala illegally present in the United States and residing in Waterloo, Iowa, received the prison term after a guilty plea on September 27, 2021, to one count of illegal reentry into the United States after having been deported.

At the guilty plea, Ramirez-Morales admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government.  Ramirez-Morales was deported in December 2012, April 2013, and October 2013.  Ramirez-Morales’ second deportation occurred following his conviction in January 2013 in the Southern District of Texas for Illegal Entry into the United States.  Ramirez-Morales was convicted in the Iowa District Court for Black Hawk County of Operating While Intoxicated, second offense, a felony, in 2011.  He was also convicted in Black Hawk County of Operating While Intoxicated for offenses occurring in 2005 and 2006, and for Operating a Motorboat While Intoxicated in 2019. 

Ramirez-Morales was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Ramirez-Morales was sentenced to ten 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.

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

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

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

The case file number is 21-CR-2049.

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A man who was found in possession of 370 methamphetamine tablets, almost 200 grams of cocaine, and marijuana, was sentenced yesterday to more than 15 years in federal prison.

Brian Hale, age 35, from Chicago, Illinois, received the prison term after pleading guilty in July 2021 to conspiracy to distribute 50 grams or more of methamphetamine.

In a plea agreement, Hale 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 of the car Hale was driving through Dubuque County.  During the traffic stop, a drug dog alerted to the odor of drugs coming from the car.  Hale 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.  Hale 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 activities.

Hale has prior convictions for drug offenses.  Hale had previously been convicted of possession with intent to distribute cocaine, manufacturing/delivering cocaine, and possession with intent to deliver heroin.

Hale was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Hale was sentenced to 188 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.

Hale 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 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 possessed with intent to distribute methamphetamine was sentenced January 24, 2022, in federal court in Sioux City.

On August 23, 2021, Joshua Boice, 35, from Webster City, Iowa, pled guilty to possession with intent to distribute methamphetamine.

On March 7, 2020, law enforcement conducted a traffic stop of Boice for suspected driving while impaired.  Boice admitted using methamphetamine and marijuana before work that day, and to possessing needles used to inject methamphetamine.  During a subsequent search, law enforcement seized methamphetamine, marijuana, drug paraphernalia, pills, and needles.  On October 18, 2020, law enforcement conducted another traffic stop of Boice in Ames, Iowa.  Law enforcement discovered drug paraphernalia, approximately $4,700 cash, a firearm, and methamphetamine.  In total, Boice possessed with intent to distribute approximately 2 pounds of meth.      

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Boice was sentenced to 128 months 16 days imprisonment and must serve a 5-year term of supervised release following imprisonment.  There is no parole in the federal system.   Boice 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 Iowa Division of Narcotics Enforcement, Iowa State Patrol, Webster City Police Department, Iowa State University Police Department, and Iowa DCI Laboratory. 

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

The case file number is 20-3048.  Follow us on Twitter @USAO_NDIA.

A man who illegally possessed a firearm was sentenced January 25, 2022, in federal court in Sioux City.

William Howard Rockey Halstead, 34, from Fort Dodge, Iowa, pled guilty on August 19, 2021, to being a prohibited person in possession of a firearm.

On September 2, 2020, Halstead was stopped by law enforcement for having an inoperable break light.  During the stop, law enforcement observed multiple items resembling marijuana in plain view within the car.  Halstead was asked to step out of the car at which time he locked his glovebox and exited the car.  A subsequent search of Halstead uncovered a digital scale in his pocket.  A search of the car revealed numerous pieces of marijuana on the seat, floorboard, and center console of the vehicle.  Law enforcement then opened the glovebox and found a loaded Hi-Point JCP 40 Smith and Wesson handgun.  Upon arrest, Halstead admitted he also had a small bag of methamphetamine in his sock.  Halstead had 17 prior criminal convictions including burglary, grand larceny, controlled substances offenses, evading law enforcement, possession of a firearm by a felon, and absence from custody.   

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Halstead was sentenced to 5 years’ imprisonment and must serve a term of 3 years of supervised release following imprisonment.  There is no parole in the federal system.  Halstead 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 Mikala Purdy-Steenholdt and Patrick T. Greenwood and was investigated by the Fort Dodge Police Department 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 20-3040.  Follow us on Twitter @USAO_NDIA.

A Cedar Rapids surgery center nurse, who diverted fentanyl to her own use at a local outpatient surgery center, was sentenced on January 21, 2022, to five years probation.  Sabrina Thalblum, age 52, from Cedar Rapids, received the sentence after a July 21, 2021, guilty plea to one count of acquiring a controlled substance by misrepresentation, fraud, deception, and subterfuge, and one count of adulteration and misbranding with intent to defraud and mislead.

At her guilty plea and sentencing hearings, Thalblum admitted that, from about August 2018 to August 2019, she was an unlawful user of, and addicted to, fentanyl, a highly addictive opioid and controlled substance.  Thalblum abused her position as a registered nurse to gain access to fentanyl at her employer, a local surgery center, and divert it to her own use.  As a part of her scheme, Thalblum tampered with the vials of fentanyl.  Thalblum removed the caps from vials of fentanyl at the outpatient surgery center and then carefully punctured the vials with needles and drew out the fentanyl.  She then refilled the vials with saline to make the vials appear as if they still contained fentanyl.  Thalblum also carefully reglued the caps of the vials to make it appear as if the vials were undisturbed, when, in truth, these consumer products no longer contained their declared values of fentanyl.  In this way, the Thalblum made it appear as if the vials remained new, unopened, and filled with the controlled substance on their respective labels, that is, fentanyl, when, in truth, the Thalblum had diverted some or all of the fentanyl in the vials to herself.

Thalblum was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Thalblum was sentenced to five years of probation and fined $10,000.  She also must forfeit her nursing license.  There is no parole in the federal system.

The case was prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the Food and Drug Administration, Office of Criminal Investigations. 

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

The case file number is 20-CR-102.

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A Marshalltown, Iowa woman who was involved in the distribution of nearly five kilograms of methamphetamine was sentenced today to ten years in federal prison. 

Eva Ordaz Hernandez, age 45, from Marshalltown, Iowa, received the prison sentence after an August 2, 2021 guilty plea to conspiracy to distribute methamphetamine. 

Evidence at the plea and sentencing hearings showed that in 2018, investigators began investigating a large-scale drug trafficking organization operating between Mexico and Iowa.  As part of the investigation, investigators learned that Ordaz Hernandez was distributing large amounts of methamphetamine and collecting money on behalf of the organization.  On one occasion, Ordaz Hernandez collected $20,000 in currency for an outstanding drug debt owed to the organization.  This transaction occurred at Ordaz Hernandez’s residence in front of her minor granddaughter.  On another occasion, Ordaz Hernandez’s minor son collected $5,000 in drug debt owed to Ordaz Hernandez and other members of the group.  

Ordaz Hernandez was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Ordaz Hernandez was sentenced to 120 months’ imprisonment.  She must also serve a five-year term of supervised release after the prison.  There is no parole in the federal system.

The case was prosecuted by Assistant United States Attorneys Ashley Corkery and Dillan Edwards.  This case was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Mid-Iowa Task Force (Marshall County Sheriff’s Office, Tama County Sheriff’s Office, Marshalltown Police Department), Iowa National Guard and Counter Drug Program, Tri-County Task Force (Cedar Falls Police Department, Waterloo Police Department, Black Hawk County Sheriff’s Office), the Federal Bureau of Investigation, the FBI Safe Streets Task Force, the Drug Enforcement Administration, Iowa Division of Narcotics Enforcement, 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 20-CR-2034.

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A man who took sexually explicit photographs of a thirteen-year-old victim and distributed the photographs to an undercover officer online, was sentenced today to more than 29 years in federal prison.

Joshua Baird, age 40, from Anthon, Iowa, received the prison term after a guilty plea to sexual exploitation of a child.

At the guilty plea, Baird admitted that, in February of 2021, he knowingly photographed a minor engaged in sexually explicit conduct with his cellular telephone.  Evidence at the sentencing hearing showed he later distributed these photographs to an undercover officer online because he thought they would “impress” her.  Baird also engaged in an inappropriate online relationship with a teenager in Australia.  At the sentencing hearing, Baird referred to his sentence as a “court ordered spiritual retreat” and further stated he was “excited” to be in prison.

Baird was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Baird was sentenced to 354 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.       

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.”

Baird 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 Liz Dupuich  and investigated by 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-2012-CJW.

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An unlawful drug user who illegally possessed explosive devices and guns was sentenced January 19, 2022, to 5 years in federal prison.

Darrell H. Sorey, age 37, from Arnold’s Park, Iowa, received the prison term after a September 15, 2021, guilty plea to one count of receipt and possession of an unregistered firearm/destructive device.

Evidence in this case revealed on January 12, 2020, Sorey’s father died in a rollover vehicle accident in Marion County, Iowa.  At the scene of the accident an AR-15 rifle, a SKS style rifle, drum-magazines, ammunition, a pipe bomb and two CO2 “cricket” bombs – all three with fuses attached – were found.  These discoveries, inside the car and in the debris field, led to January 15, 2020 searches of three residences in Dickinson County, Iowa.  During one of the searches, investigators located Sorey, narcotics, drug paraphernalia, more CO2 cartridge bombs, including a CO2 cartridge bomb attached to an arrow, gunpowder, and a cellular telephone.  During another of the two searches two .22 caliber rifles, one shotgun, and multiple rounds of ammunition for those firearms were discovered.  Sorey’s criminal history includes convictions for interference with official acts, simple assault, disorderly conduct, multiple OWIs and controlled substance offenses.  

Sorey was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Sorey was sentenced to 60 months’ imprisonment.  Sorey 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.

Sorey 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 Marion County, Iowa Sheriff’s Office, the Iowa State Patrol, the State Fire Marshal’s Division, the Iowa Division of Criminal Investigation, and the Iowa Division of Narcotics Enforcement (all of the Iowa Department of Public Safety), the Dickinson County, Iowa Sheriff’s Office, the Milford, Iowa Police Department, the Iowa Great Lakes Drug Task Force, and the United States Department of Justice – Bureau of Alcohol, Tobacco, Firearms, and Explosives.  The case was prosecuted by Assistant United States Attorney Forde Fairchild.

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

The case file number is 20-CR-4048.

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Tri-State Specialists, L.L.P. (Tri-State), has agreed to pay $612,501.44 to the United States, the State of Iowa, and the State of South Dakota to resolve allegations that it violated the False Claims Act by billing Medicare, Medicaid, TRICARE, and the Federal Employees Health Benefits Program for medically unnecessary procedures and for procedures in excess of those actually performed.

The government alleged that, from August 2014 until August 2019, Tri-State submitted false claims for payment to government healthcare programs for surgical procedures and office visits performed by a plastic surgeon who previously was a partner with Tri-State. The government contended that claims submitted during this period violated the False Claims Act in three ways. First, the government alleged that the surgeon performed cosmetic procedures not reimbursable by government healthcare programs, including panniculectomies and abdominoplasties (also known as tummy tucks) and cosmetic breast reductions, that were falsely billed as medically necessary procedures. Second, the government alleged that the surgeon did not perform services sufficient to justify billing for high-value muscle flap and adjacent tissue transfer surgical procedures. Third, the government alleged that the surgeon did not perform services sufficient to bill for high-value office visits that require a comprehensive exam, comprehensive history, and detailed supporting documentation for patients that require moderately or highly complex medical decision making.

The United States alleged that Tri-State was liable for the surgeon’s acts both because the surgeon was an agent of Tri-State and because Tri-State knew of the surgeon’s acts. 

“False Claims Act investigations and enforcement are critical in protecting the government healthcare programs upon which millions of Americans depend. We will continue to vigorously investigate allegations of over-billing and medically unnecessary services in this district,” said United States Attorney Sean Berry.

“We work tirelessly alongside our law enforcement partners to investigate allegations of false billing and to ensure the appropriate use of U.S. taxpayer dollars,” said Curt L. Muller, Special Agent in Charge with the U.S. Department of Health and Human Services Office of Inspector General. “Excessive claims to Federal healthcare programs compromise the efficiency of these programs and deprive these programs of critical resources.”  

“As the investigative arm of the Department of Defense’s Office of Inspector General (DoD IG), one of the primary missions of the Defense Criminal Investigative Service (DCIS) is to safeguard valuable taxpayer dollars that fund programs such as Tricare, the military’s health care system,” said Acting Special Agent in Charge Gregory P. Shilling of the DCIS Southwest Field Office. “Today’s settlement is a testament to the resolve of our agents and our partners in investigating allegations of false claims and protecting taxpayer dollars.”

“The integrity of the Federal healthcare programs is threatened when providers submit false claims,” said Amy K. Parker, Special Agent in Charge with the Office of Personnel Management, Office of the Inspector General (OPM OIG). “The OPM OIG is committed to working closely with our law enforcement partners in order to investigate allegations of fraud in order to protect taxpayer funds.”

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 Tri-State are allegations only; there was no determination or admission of liability.

The case was handled by Assistant United States Attorneys Melissa A.

Carrington and Matthew K. Gillespie and the State of Iowa Attorney General’s Office and investigated by the United States Department of Health and Human Services, Office of Inspector General; the United States Department of Defense Office of Inspector General, Defense Criminal Investigative Service; the United States Office of Personnel Management, Office of the Inspector General; and the State of Iowa’s Medicaid Fraud Control Unit. 

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A former business owner who withheld federal taxes from his employees’ paychecks but did not forward the money withheld to the Internal Revenue Service (“IRS”) was sentenced today to 21 months in federal prison. 

Mark Warm, age 57, from Jesup, Iowa, received the prison term after a September 2, 2021 guilty plea to one count of willful failure to pay over employment taxes to the IRS.

In a plea agreement, Warm admitted that he was the owner of Warm Trucking, Incorporated and was responsible for the company’s finances.  Warm admitted that, from 2013 through 2019, he was responsible for withholding income taxes and Federal Insurance Contributions Act (“FICA”) taxes from the pay of Warm Trucking employees and was responsible for forwarding those withholdings to the IRS.  However, Warm admitted that for those seven tax years, he failed to forward the money he withheld from his employees’ pay to the IRS, even though he knew he was required to do so.  In the plea agreement, Warm admitted he also failed to pay to the IRS other taxes owed by Warm Trucking.  In total, Warm failed to send the IRS more than $1,400,000 in taxes owed by Warm Trucking.

Warm was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Warm was sentenced to 21 months’ imprisonment.  He was ordered to make $1,406,561.66 in restitution to the IRS.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

“Mr. Warm’s failure to pay employment taxes for seven years was an attempt to dodge his obligations to his employees and to the United States,” said United States Attorney Sean Berry.  “Our system and our citizens depend upon employers like Mr. Warm to pay what they owe in employment taxes.  This sentence shows that willfully failing to do so is a crime and there will be consequences.”

“Today’s sentencing sends a message that paying both individual and business taxes is an obligation you will be held to.  When Mr. Warm made the decision to evade paying his employment taxes, he made a conscious decision to cheat his employees and all law abiding tax-payers,” said IRS-Criminal Investigation Special Agent in Charge, Tyler Hatcher of the St. Louis Field Office. “As the 2022 tax season gets underway, IRS-CI wants it to be clear that, along with the Department of Justice, we will investigate and hold accountable those who cheat our tax system and cause harm to others.”

Warm 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 Anthony Morfitt and investigated by the Internal Revenue Service Criminal Investigation.

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

The case file number is 21-CR-1023.

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A Sioux City man, who shot a man in the calf after an argument, was sentenced January 7, 2022, to more than 7 years in federal prison.

Alejandro LaPointe, also known as, “Lil Aztek” or “Lil Tek”, age 21, from Sioux City, Iowa received the prison term after an August 23, 2021, guilty plea to possession of a firearm by a prohibited person.

Evidence in the case revealed on or about February 10, 2021 a victim told police he had been chased from a residence, subjected to a warning shot, threatened with a gun, and actually shot in the calf as he fled.  The victim identified “Lil Tek” (i.e., LaPointe) as the shooter.  Outside of the residence, where the shooting took place, a blood trail, a mushroomed bullet, and bullet jacket fragment were found.  LaPointe, along with others, was discovered inside the home.  He was shirtless but wearing pants.  He was searched by police and a shell casing was found in LaPointe’s pants.  During a subsequent search of the home, a .357 revolver, wrapped in a shirt, was discovered in a hole in a wall.  A quantity of methamphetamine, and a syringe were also located in other areas of the residence.  Forensic analysis confirmed the .357 revolver had fired the mushroomed bullet and jacket fragment found outside the back door of the residence and was consistent with the spent casing found on LaPointe.  

LaPointe has an extensive criminal history including convictions for Arson, Felon in Possession of a Firearm, Absence from Custody, and Eluding a Peace Officer.  The details of these convictions include the fact that LaPointe attempted to burn a gang rival to death in one attack and threw Molotov cocktails during another. 

LaPointe was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  LaPointe was sentenced to 90 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.

LaPointe 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 Sioux City, Iowa Police Department and was prosecuted by Assistant United States Attorney Forde Fairchild

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

The case file number is 21-4033.

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A man who received child pornography was sentenced December 3, 2021, to 10 years in federal prison.

Billy Jack Canavan, age 48, from Fort Dodge, Iowa, received the prison term after an August 9, 2021, guilty plea to receipt of child pornography.

In a plea agreement, Canavan admitted that from April 13, 2018, to October 21, 2019, he received visual depictions of minors engaged in sexually explicit conduct.  In July of 2019, The National Center for Missing and Exploited Children (NCMEC) received a cyber tip from Dropbox, Inc. of an account registered to a user in Fort Dodge that contained child pornography.  The Fort Dodge/Webster County Cyber Crimes Unit executed a search warrant on the Dropbox account and seized a hard drive containing additional images and videos of prepubescent minors engaging in sexually explicit conduct.  Canavan confirmed the Dropbox account belonged to him and he knowingly received the child pornography through the account.  On October 25, 2019, law enforcement executed a search warrant on Canavan’s residence and seized a Google Pixel cellular phone, Samsung Galaxy J7 Sky Pro, a Cool Pad cellular phone, and Toshiba hard drive.  Canavan admitted to using these devices to access multiple online accounts in which he stored child pornography that he had received over the internet, including inter alia MEGA Ltd, Kik, and Dropbox.

Canavan was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Canavan was sentenced to 120 months’ imprisonment.  He was ordered to make $15,000 in restitution to the victims.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.

Canavan 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 Mikala Steenholdt and Timothy Duax and investigated by Webster County Sheriff’s Office and the Fort Dodge Police Department.

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

The case file number is 20-CR-3054.

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A man who sexually exploited two girls and committed child pornography offenses was sentenced on January 18, 2022, to 140 years in federal prison.

Nathan Nosley, age 30, of Cedar Rapids, Iowa, received the sentence after a June 9, 2021 jury verdict finding him guilty of sexual exploitation of children, distribution of child pornography, receipt of child pornography, three counts of possession of child pornography, and accessing child pornography.

The evidence at trial showed that, between 2018 and 2020, Nosley persuaded, induced, and enticed two girls to produce and send him pornographic images of themselves.  Nosley also distributed child pornography to others, used cell phone apps to receive child pornography, used a cell phone to access child pornography, and possessed child pornography on a cell phone, on a memory card, and in an e-mail account.  The evidence at trial and sentencing also showed that, prior to these offenses, defendant sexually abused a seven-year-old-girl.

Nosley was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Nosley was sentenced to 1,680 months’ imprisonment.  He was also ordered to make $12,000 in restitution to four victims depicted in child pornography he possessed.  He also must serve a five-year term of supervised release after the prison term, and he must comply with all sex offender registration and public notification requirements.

“This case is a tragic example of the dangers children face on the internet.” said United States Attorney Sean Berry. “Child predators are constantly trying to manipulate kids into having sex or providing sexually explicit photos.  We all must do our parts to prevent these crimes.  Parents and loved ones should talk to kids about the dangers lurking on the internet and monitor what kids are doing online.”

This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation, Homeland Security Investigations, the Iowa State Patrol, and the Marion Police Department.

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.”

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 20-101.

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A man who conspired to distribute heroin, fentanyl, and other synthetic opioids pled guilty today in federal court in Cedar Rapids.

Ryan Rick Schlitter, age 39, from Vinton, Iowa, was convicted of one count of conspiracy to distribute heroin.

In a plea agreement, Schlitter admitted that he obtained distribution quantities of heroin through a group of heroin dealers based out of Cedar Rapids.  During a federal wiretap investigation in 2021, investigators intercepted calls between one of the dealers and an associate of Schlitter’s.  After the intercepted calls, Schlitter and his associate drove to meet with the dealer.  The associate purchased over seven grams of a substance containing heroin, fentanyl, and the synthetic opioids acetyl fentanyl, para‑fluorofentanyl, and metonitazene.  Officers stopped the vehicle and seized the drugs, which Schlitter admitted that he possessed and intended to distribute to others.  Schlitter also admitted that, in June 2021, he sold $200 worth of a substance containing heroin, acetyl fentanyl, and fentanyl during an undercover operation in Cedar Rapids. 

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Schlitter remains in custody of the United States Marshal pending sentencing.  Schlitter faces a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, and a lifetime of supervised release following any imprisonment.

The case was 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 and is being 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‑00032‑10‑CJW‑MAR.

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A three-time convicted felon who unlawfully possessed a gun was sentenced January 12, 2022, to 6 years in federal prison.

Austin Rockwood, age 21, from Sioux City, Iowa, received the prison term after a September 8, 2021, guilty plea to one count of possession of a firearm by a felon. Rockwood was previously convicted of three separate felony convictions.

Evidence in this case revealed Rockwood’s unlawful possession on or about February 11, 2021 was discovered when he was spotted following an unmarked law enforcement unit.  Marked law enforcement units attempted a traffic stop, and Rockwood fled in the car with the firearm. Rockwood eluded officers, at first, by recklessly disregarding the rules of the road and the safety of the motoring public.  Later he abandoned the vehicle, fled on foot with the loaded firearm in hand, and hid the weapon in the freshly fallen snow.    

Rockwood’s violent criminal history includes a 2017 conviction for willful injury causing serious injury, a 2019 conviction for domestic abuse assault, and a 2019 conviction for burglary.  During the burglary, Rockwood and another forced their way into an occupied structure, and while defendant physically attacked the victim, the other man – defendant’s confederate -- threatened the victim with a gun. 

Rockwood was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Rockwood was sentenced to 72 months’ imprisonment. Rockwood 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.

Rockwood 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 Sioux City, Iowa Police Department and prosecuted by Assistant United States Attorney Forde Fairchild.

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

The case file number is 21-CR-4049.

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A Sergeant Bluff man who possessed guns while being an unlawful user of controlled substances was sentenced January 13, 2022 to more than 4 years in federal prison.

Rafael Wellesley Gomez, age 20, also known as “Danger” from Sergeant Bluff, Iowa received the prison term after a September 23, 2021, guilty plea to possession of firearms by a drug user.

Evidence in the case revealed Gomez’s illegally possessed six guns while being an unlawful user of marijuana.  The guns were found during a search warrant of Gomez’s residence in Sergeant Bluff, Iowa during a murder investigation. When law enforcement entered the residence, Gomez failed to comply with officers’ orders to put his hands in the air and law enforcement observed him placing his hands in the pockets of his jeans and near his waistband. Gomez continued to disregard law enforcement’s verbal orders and concealed a Walther .380 caliber semi-automatic pistol under the cushion of a nearby couch.  Law enforcement later determined that the Walther .380 caliber semi-automatic pistol was loaded with a magazine that contained five rounds of ammunition and had been reported stolen from the area of Sioux City, Iowa, in 2020. Another of the weapons, a rifle, was used in a 2021 New Year’s Eve homicide in Sioux City, Iowa.

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.

Gomez was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Gomez was sentenced to 57 months’ imprisonment.  He must also serve a 2-year term of supervised release after the prison term.  There is no parole in the federal system.

Gomez 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 Woodbury County Sheriff’s Office, the Sioux City, Iowa Police Department, and the Sergeant Bluff, Iowa Police Department.  The case was prosecuted by Assistant United States Attorney Forde Fairchild.  

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

The case file number is 21-4036.

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A Cedar Rapids, Iowa, man who was involved in the distribution of heroin was sentenced today to five years in federal prison. 

Antoine D. Jackson, age 35, from Cedar Rapids, Iowa, received the prison sentence after a June 21, 2021 guilty plea to conspiracy to distribute at least 100 grams of heroin. 

Evidence at the plea and sentencing hearings showed that in 2017 and 2018, Jackson and one other individual worked together to sell heroin in the Cedar Rapids area.  In January 2018, investigators conducted a wiretap investigation of a phone operated by Jackson’s accomplice.  Multiple people called the phone daily to arrange for heroin deals.  Jackson’s accomplice would set up the deal, but Jackson would show up to deliver the heroin.  Jackson generally distributed .2 gram of heroin per transaction.  In total, Jackson personally distributed at least 46 grams of heroin. 

Jackson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Jackson was sentenced to 60 months’ imprisonment.  He must also serve a five-year term of supervised release after the prison term and pay a $100 special assessment fee.  There is no parole in the federal system.

The case was prosecuted by Assistant United States Attorney Ashley Corkery 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 Cedar Rapids Resident

Office, the Iowa Division of Narcotics Enforcement, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Cedar Rapids Police Department, and the Linn County Sheriff’s Office.

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

The case file number is 21-CR-6.

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A man who illegally possessed a firearm and ammunition pled guilty January 6, 2022, in federal court in Sioux City.

Leonard Weimer, 47, from Storm Lake, Iowa, was convicted of illegal possession of a firearm and ammunition.  Weimer was previously convicted of felony offenses including Terrorism, Burglary, and controlled substance offenses.  Each of these convictions prohibited Weimer from legally possessing firearms or ammunition. 

At the plea hearing, evidence showed that on April 2, 2021, Storm Lake law enforcement stopped a vehicle for a traffic violation.  Weimer was the driver and sole occupant of the vehicle.  It was determined Weimer was barred from driving, therefore was placed under arrest.  During a search of Weimer at arrest, law enforcement discovered a small amount of methamphetamine and several rounds of .22 ammunition in Weimer’s pocket.  Weimer admitted to being a felon.  A drug detection K-9 was then deployed on the vehicle and indicated to the presence of controlled substances.  A search of the vehicle uncovered a .22 Marlin Rifle and additional .22 ammunition. 

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

The case is being prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by Buena Vista County Sheriff’s Office, Storm Lake Police Department, Sac 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 21-4058. 

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

Daric Lawrence, age 36, from Dubuque, Iowa, received the prison term after an August 10, 2021 guilty plea to possession of a firearm by a prohibited person.

At the guilty plea, Lawrence admitted that, on February 26, 2021, he knowingly possessed a firearm, a 9mm pistol, as a prohibited person.  Lawrence was prohibited from possessing a firearm because he was an unlawful user of marijuana and because he was subject to a state court order restraining him from harassing, stalking, or threatening an intimate partner.  Shortly after midnight on February 26, a Dubuque police officer stopped Lawrence’s car for running a red light.  During the traffic stop, Lawrence told the police officer that he had a gun in his waistband and that he had used marijuana earlier that evening.  Lawrence also told the police officer that there was a no contact order in place against him.

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

The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Dubuque 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-1014.

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A man who lived and worked in Black Hawk County, Iowa, for nearly two years and failed to register as a sex offender was sentenced today to more than two years in federal prison.

Dean Christopher Upton, age 36, from Auburn, Washington, received the prison term after a June 21, 2021 guilty plea to failing to register as a sex offender.

At the guilty plea, Upton admitted that between the Spring of 2018 and February 2020, he lived and worked in Iowa and knowingly failed to register as a sex offender.  Upton was required to register as a sex offender based on a prior 2015 conviction for assault with a sexual motivation in the state of Washington.  Upton intentionally chose not to register as a sex offender and was apprehended while hiding in a cardboard box at his mother’s house in Waterloo.

Upton was sentenced in Cedar Rapids by United States District Court  Judge C.J. Williams.  Upton was sentenced to 30 months’ imprisonment and fined $100.  He must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.

Upton 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 Liz Dupuich 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 number is 20-CR-2058-CJW.

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A Dubuque man that intended to distribute fentanyl and heroin was sentenced today to more than 3 years in federal prison.

Samson S. Jackson, age 35, from Dubuque, Iowa, received the prison term after a July 28, 2021 guilty plea to one count of possession with intent to distribute a controlled substance.

In a plea agreement, Jackson admitted that, on April 10, 2020, law enforcement officers searched his residence in Dubuque and recovered over 20 grams of a heroin/fentanyl mixture and over 9 grams of heroin.  Jackson admitted that he intended to distribute some or all of the heroin and heroin/fentanyl mixture to another person.      

Jackson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Jackson was sentenced to 41 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.

Jackson 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 Dubuque Drug Task Force. 

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

The case file number is 20-CR-1028.

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A felon who possessed a firearm was sentenced today to 57 months in federal prison.

Leon Sheley, age 24, of Cedar Rapids, Iowa, received the sentence after a July 19, 2021 guilty plea to one count of being a felon in possession of a firearm.  At the plea hearing, Sheley admitted that, on May 20, 2020, he knowingly possessed a pistol after having been convicted of three crimes punishable by more than one year of imprisonment.  Sheley admitted he had prior convictions for theft in the second degree in 2016, theft in the first degree in 2016, and escape from custody in 2017. 

Sheley was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Sheley was sentenced to 57 months’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.  

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

This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the 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 21-17. 

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A man who conspired to distribute methamphetamine was sentenced January 5, 2022, in federal court in Sioux City.

Brett Michael Walking Eagle, 42, from Sloan, Iowa, pled guilty April 15, 2021, to conspiracy to distribute methamphetamine within 1000 feet of a protected location.

At the hearings, evidence showed that on or about December 2, 2019, Walking Eagle had a discussion with another individual regarding the sale of meth.  Walking Eagle instructed the individual to travel to the Boys and Girls Home parking lot in Sioux City, Iowa to meet with a coconspirator who would provide the methamphetamine.  Law enforcement then apprehended the coconspirator at the Boys and Girls Home as he was waiting to distribute the methamphetamine. 

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Walking Eagle remains in custody of the United States Marshal until he can be transported to a federal prison.  Walking Eagle was sentenced to 70 months’ and must serve an 8-year term of supervised release following imprisonment.  There is no parole in the federal system.

The case was prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by 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 20-4086.  Follow us on Twitter @USAO_NDIA.

A man who was found under the influence of methamphetamine in a Dubuque, Iowa, cell phone store bathroom with a loaded handgun pled guilty January 5, 2022, in federal court in Cedar Rapids.

Austin Matthew Oberbroeckling, age 27, from Farley, Iowa, was convicted of one count of possession of a firearm by an unlawful drug user.

In a plea agreement, Oberbroeckling admitted that, in August 2019, the Dubuque Police Department received a call of a suspicious individual at a Dubuque cell phone store.  A responding officer arrived and found Oberbroeckling inside the bathroom near the sink.  A .40 caliber handgun loaded with 14 rounds in the magazine and one in the chamber was located on the tank of the toilet.  Oberbroeckling had red, watery eyes, poor balance, and seemed to be lethargic and twitching.  His Blood Alcohol Content was only .01, but later testing of his urine determined that Oberbroeckling had methamphetamine and biproducts of heroin and fentanyl in his system.

Oberbroeckling also admitted in the plea agreement that in August 2021, he was present at a hotel in Dubuque where drug paraphernalia was seen by hotel staff.  When hotel staff told Oberbroeckling that the police would be called, Oberbroeckling and another occupant took some items and left the hotel.  Hotel staff, and then police, found two shotguns in the room and various items of drug paraphernalia.  Police found Oberbroeckling’s vehicle still parked outside the hotel the next day and obtained a search warrant for it.  Inside the vehicle, officers found a bag containing a shotgun with a shortened (sawed-off) barrel.  Oberbroeckling admitted he possessed the sawed-off shotgun found in his vehicle.

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.

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Oberbroeckling remains in custody of the United States Marshal pending sentencing.  Oberbroeckling faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, and three years of supervised release following any imprisonment.

The case was investigated by the Dubuque Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and is being 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‑1026‑CJW‑MAR.

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A man who possessed meth with intent to distribute pled guilty January 4, 2022, in federal court in Sioux City.

Kory Mammen, 51, from Sioux City, Iowa, was convicted of possession with intent to distribute methamphetamine.  In 2012, Mammen was convicted in the United States District Court for the Northern District of Iowa of conspiracy to distribute methamphetamine and possession with the intent to distribute methamphetamine.

At the plea hearing, evidence showed that on March 26, 2021, Mammen was stopped by law enforcement for a traffic violation in Sioux City, Iowa.  During the traffic stop, a K-9 was deployed and indicated to the presence of controlled substances from within the car.  Mammen admitted to officers that something illegal would be in the truck but did not say what it was.  A search of the vehicle revealed a black bag under the driver’s seat which contained two syringes and 17 smaller bags containing a total of 42.88 grams of methamphetamine.  Mammen planned to distribute some or all of the methamphetamine to others.  On November 15, 2021, during Mammen’s arrest on the charges in this case, he again had several baggies on his person which contained approximately 65 grams of methamphetamine mixture. 

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Mammen remains in custody of the United States Marshal pending sentencing.  Mammen faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, an $8,000,000 fine, and at least eight 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 21-4091.  Follow us on Twitter @USAO_NDIA.

A man who illegally sold thousands of doses of controlled substances and prescription drugs pled guilty today in federal court in Cedar Rapids.

Jon Stidham, age 57, from McClelland, Iowa, was convicted of conspiracy to deliver, distribute or dispense methyltestosterone, a Schedule III controlled substance, by means of the Internet without a valid prescription and without complying with federal and Iowa licensing requirements, and one count of conspiracy to introduce misbranded drugs into interstate commerce with intent to defraud or mislead and to commit mail fraud.

In a plea agreement, Stidham admitted that he operated a business called Kennel Supply, LLC.  Kennel Supply supplied a variety of items used for the operation of kennels and the care of farm animals at the brick-and-mortar location.  On the Internet, Kennel Supply sold controlled substances and non-controlled prescription drugs that require prescriptions to lawfully dispense to the ultimate user.  From 2015 through October 12, 2018, Stidham distributed and sold over 300,000 doses of methyltestosterone, a controlled substance, without valid prescriptions.  He illegally profited by over $324,000.  During that same time-period, Stidham illegally distributed over 50 types of prescription drugs without a valid prescription or authorization, and illegally profited over $200,000.  

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Stidham remains free on bond pending sentencing.  Stidham faces a possible maximum sentence of up to 15 years’ imprisonment, a $750,000 fine, $200 in special assessments, and up to life on supervised release following imprisonment.  The plea agreement also includes an agreement that Stidham will forfeit illegal profits of $527,510 to the United States.

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

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

The case file number is 21-CR-01036.

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A man who illegally possessed guns pled guilty on January 4, 2022, in federal court in Cedar Rapids, Iowa.

Dillon D. Grundman, age 23, from Inverness, Illinois, was convicted of being an unlawful drug user in possession of multiple firearms.

In a plea agreement, Grundman admitted to traveling to Iowa and possessing three pistols.  Law enforcement was investigating the shooting of a residence in Waterloo, Iowa.  Prior to the shooting, Grundman had sent a “snap” of the rear of the residence from his Snapchat Account.  Officers located Grundman and searched a local residence to which he was connected and located evidence.  In the plea agreement, Grundman admitted that at the time he possessed the firearms, he was an unlawful user of marijuana.

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Grundman remains in custody of the United States Marshal pending sentencing.  Grundman faces a possible maximum sentence of 10 years’ imprisonment, a fine of not more than $250,000, and up to three years of supervised released following any term of 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.

The case is being prosecuted by Special Assistant United States Attorney Jason D. Norwood and was investigated by a Federal Task Force composed of the Waterloo Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives 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‑02040.

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A woman who laundered funds from her illegal business was sentenced on January 4, 2022 to 30 days’ imprisonment.  Yesenia Ledesma-Ledezma, age 23, from Albert City, Iowa, received a prison term after pleading guilty on August 9, 2021, and agreeing to forfeit property acquired with proceeds from her illegal business.

At a plea hearing, Ledesma-Ledezma admitted that on April 9, 2020, she engaged in money laundering by purchasing a home for approximately $65,000 with proceeds derived from her extensive business operations which involved smuggling counterfeit goods into the United States and trafficking those counterfeit goods.  The counterfeit goods known to law enforcement had an approximate domestic value of over $370,000, and defendant took in a profit of at least $65,000 from her counterfeit trafficking and smuggling activities.   

Ledesma-Ledezma was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Ledesma-Ledezma was sentenced to 30 days’ imprisonment.  She must also serve a two-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 was investigated by Homeland Security Investigations and the United States Postal Inspection Service.

Ledesma-Ledezma is to surrender to the Bureau of Prisons on a date yet to be set.   

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 21-4063.

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Aaron McCreight, 46, from Dothan, Alabama, has been charged with one count of bank fraud. Doug Hargrave, 54, from Puyallup, Washington, has also been charged with one count of bank fraud. The charges are contained in two Informations filed today in United States District Court in Cedar Rapids, Iowa. 

The Informations allege that McCreight, who was then President and CEO of Go Cedar Rapids (“GoCR”), and Hargrave, who was then GoCR’s Finance Director, executed a scheme to defraud a Cedar Rapids bank in connection with loans to GoCR that were used to finance Newbo Evolve, a three-day music and cultural event staged by GoCR during August 2018 that featured concerts by the band Maroon 5 and singer Kelly Clarkson.

The Informations also allege that McCreight and Hargrave defrauded the Cedar Rapids bank by making misrepresentations about Newbo Evolve’s ticket sales, projected revenue, projected expenses, and the true amount of loss that McCreight and Hargrave expected Newbo Evolve to generate. Based on these misrepresentations, McCreight and Hargrave fraudulently induced the Cedar Rapids bank to loan GoCR hundreds of thousands of dollars to be used to finance Newbo Evolve.

If convicted, McCreight and Hargrave each face a possible maximum sentence of 30 years’ imprisonment, a fine, and a period of supervised release following any imprisonment.­

The court will set first appearance dates for McCreight’s and Hargrave’s arraignments.

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

The case is being prosecuted by United States Attorney Sean R. Berry and Assistant United States Attorney Kyndra Lundquist and was investigated by the Federal Bureau of Investigation.

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

The McCreight case file number is 22-CR-00002. The Hargrave Case file number is 22-CR-00001.

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The YMCA of Spencer, Iowa, has agreed to settle a dispute regarding an allegation that it violated the Americans with Disabilities Act (ADA) by failing to reasonably modify its policies, practices, and procedures, resulting in the exclusion of a child diagnosed with Autism Spectrum Disorder (ASD) from its programs.

The YMCA of Spencer, Iowa, cooperated with the United States Attorney’s Office during its investigation.

“Ensuring that children with disabilities, and their families, have equal access to public accommodations goes to the heart of the ADA’s promises and protections,” said United States Attorney Sean R. Berry. “I commend the YMCA of Spencer, Iowa, for working with us.”

Under the settlement agreement, the YMCA of Spencer, Iowa, has agreed to adopt a non-discrimination policy and to institute policies and procedures to evaluate members’ requests for modifications to ensure ADA compliance. In addition, the settlement agreement prohibits staff from performing restraints on minors on YMCA premises.

The ADA prohibits discrimination against people with disabilities by public accommodations, including childcare providers and places of recreation. Among other things, public accommodations must allow people with disabilities the full and equal enjoyment of their goods, services, and facilities. They must make reasonable modifications of their policies, practices, and procedures if necessary to avoid discrimination.

Individuals in the Northern District of Iowa who believe their civil rights may have been violated may submit their complaints by e-mailing the United States Attorney’s Office at USAIAN.CivilRightsComplaint@usdoj.gov or by accessing https://civilrights.justice.gov/. For more information on the ADA, or to access publications available to assist entities in complying with the ADA, visit http://www.ada.gov or call the Justice Department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD).

The case was handled by Assistant United States Attorney Matthew Gillespie and the Disabilities Rights Section of the United States Department of Justice.

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A convicted felon who unlawfully possessed a gun he fired at a group of teenagers and who had another individual buy two guns for him less than a week later was sentenced today to ten years in federal prison.

Dmontrey Rayshawn Redmond, age 24, from Cedar Rapids, Iowa, received the prison term after a July 7, 2021 guilty plea to one count of being a felon in possession of a firearm.

Information from the sentencing hearing showed that, on November 29, 2020, Redmond exited a house into an alley in Cedar Rapids.  A group of five teenagers was walking in the alley.  They began to run as Redmond exited the house.  Redmond pointed a handgun towards the group and fired in their direction.  None of the teenagers were hit, but a nearby parked car was struck.  Redmond went back into the house while tucking the gun into his pants.

Law enforcement responded to the scene of the shooting.  During the investigation of the shooting, officers searched Redmond’s home and found a loaded Glock handgun.  Officers also found nine spent shell casings in the alley that matched the rounds found in the Glock handgun.  The spent shell casings were compared to the Glock handgun using the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) National Integrated Ballistic Information Network (NIBIN).  The NIBIN comparison showed that the nine rounds were shot from the Glock handgun.

On December 4, 2020, Redmond went to a gun store in Waterloo, Iowa, with another individual named Jamie Marie Graham.  Redmond instructed Graham to choose two Glock handguns and a box of .40 caliber ammunition.  She did so and began working with a store employee to fill out the paperwork necessary to purchase the guns.  Graham lied on the forms, indicating she was the purchaser of the guns.  Redmond paid for the guns using a cash card that was in his name.  After leaving the store, Redmond took the guns and ammunition.

On December 23, 2020, one of the two Glock handguns that Redmond had obtained on December 4 was located in a house in Cedar Rapids.  A friend of Redmond’s was living in the house with another adult and a four-year old child.  The Glock handgun was left unsecured in the house.  The child got the gun and accidently discharged it.  The fired round struck the child in the chin and head causing significant injuries.  The child survived the injuries.

Redmond has prior convictions for assault, disorderly conduct – fighting or violent behavior, possession of drugs, theft, providing false identification, robbery, reckless use of a firearm resulting in bodily injury, and trafficking in stolen weapons.  During the robbery, Redmond shot the victim of the robbery three times, once in the arm and twice in the legs. 

Redmond was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Redmond 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.  He was also ordered to pay approximately $1,000 in restitution to the owner of the car he shot.

On December 17, 2021, Graham was sentenced to five years of federal probation after previously pleading guilty to making a false statement during the purchase of the two Glock handguns on December 4, 2020.

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

This case was made possible by investigative leads generated from the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) National Integrated Ballistic Information Network (NIBIN).  NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms.  NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles.  For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.

Redmond 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 Safe Streets Task Force, the Waterloo Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  The task force is composed of representatives from the Federal Bureau of Investigation and the Cedar Rapids Police Department 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-115.

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A convicted felon who unlawfully possessed a gun he attempted to hide while running from police was sentenced today to more than two years in federal prison.

Ryan Matthew Willis, age 24, Dubuque, Iowa, received the prison term after a September 13, 2021 guilty plea to one count of being a felon in possession of a firearm.

Information from the sentencing hearing showed that, on January 30, 2021, Willis was the passenger in a car driving in Dubuque.  Law enforcement attempted to stop the car.  The car then led law enforcement on a high-speed chase.  The car eventually stopped and three people, including Willis, got out and attempted to flee on foot.  While running from the police, Willis stashed a loaded handgun under a tarp.  Law enforcement officers found the gun a short time later.

Willis has a lengthy criminal history.  He has convictions for aggravated unlawful use of a weapon, possessing drugs, providing false identification, disorderly conduct, theft, criminal mischief, and interference with official acts causing bodily injury.  The interference with official acts conviction resulted after Willis ran from law enforcement officers.  The officers had to tackle Willis to stop him from running.  Two officers received injuries as a result.

Willis was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Willis was sentenced to 30 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.

Willis 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 Ashley Corkery and investigated by the Dubuque 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-1021.

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A convicted felon who possessed drugs he intended to distribute and a gun inside a Wal-Mart was sentenced today to more than seven years in federal prison.

Sylvester Cunningham, age 41, from Blue Island, Illinois, received the prison term after a July 13, 2021 guilty verdict following a two-day trial in federal court in Cedar Rapids.  Cunningham was convicted of being a felon in possession of a firearm, possessing crack and powder cocaine with the intent to distribute, and possessing a firearm in furtherance of a drug trafficking crime. 

The evidence at trial showed that at about 11:00 A.M. on August 7, 2020, Cunningham, who was in a wheelchair, entered the vestibule of a Wal-Mart store in Cedar Rapids.  Cunningham moved from his wheelchair into a Wal-Mart electric shopping cart.  A short time later, while helping Cunningham look for a lost cellphone, a Wal-Mart employee lifted the cushion of Cunningham’s wheelchair and saw a .357 caliber revolver.

The employee alerted an off-duty Cedar Rapids Police Department officer who was providing security for the store.  The officer retrieved the gun.  After finding out that Cunningham was on federal supervised release for a prior gun charge, police officers arrested him.  While searching him as part of the arrest, officers located thirteen individual baggies of crack and powder cocaine concealed in Cunningham’s clothing. 

Prior to August 7, 2020, Cunningham had received two felony convictions.  First, in 2004, Cunningham was convicted of felony operating while intoxicated in Illinois.  Second, in 2012, Cunningham was convicted of being a felon in possession of a firearm in the federal district court for the Northern District of Iowa.  In the 2012 case, Cunningham was found in possession of a rifle after he crashed a car he was driving in Cedar County, Iowa.

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 Anthony Morfitt and Special Assistant United States Attorney Devra Hake and investigated by 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, the Marion 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 20-CR-104.

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A Dubuque man who conspired with his daughter to distribute crack cocaine was sentenced today to more than three years in federal prison. 

Kendell Lamont Thomas, age 47, from Dubuque, Iowa, received the prison term after a June 22, 2021 guilty plea to one count of conspiracy to distribute a controlled substance.

In a plea agreement, Thomas admitted that he conspired with his daughter to distribute crack cocaine, both utilizing the same cell phone.  Information disclosed at sentencing showed that Thomas and his daughter distributed over 500 grams of crack cocaine by conducting approximately 1,000 drug-related transactions during an eight-month period in Dubuque in 2020. 

Thomas was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Thomas was sentenced to 37 months’ imprisonment, and he must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Thomas 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 Dubuque Drug Task Force. 

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

The case file number is 20-CR-01043.

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