Northern District of Iowa

A man who conspired to distribute methamphetamine was sentenced March 9, 2021, to 14 years in federal prison. 

James Souder, 53, from Fort Dodge, Iowa, was convicted of conspiracy to distribute methamphetamine, after having been previously convicted of a felony drug offense on November 18, 2020.  Souder was convicted of possession of methamphetamine with intent to deliver, in 2015, in the Iowa District Court for Greene County.

At the plea and sentencing hearings, evidence showed that Souder was involved in a conspiracy from about July 2018 through about June 2020, that distributed nearly 50 pounds of methamphetamine in the Fort Dodge, area.  Evidence further proved that between August and November of 2018, Souder Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Souder was sentenced to 14 years’ imprisonment.  He must also serve a 7-year term of supervised release following imprisonment.  Souder remains in custody of the United States Marshal Service until he can be transferred 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, Fort Dodge Police Department, the Webster County Sheriff’s Department and the Iowa DCI Criminalistics Laboratory. 

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

The case file number is 20-3014.  Follow us on Twitter @USAO_NDIA.

A man who conspired to distribute methamphetamine pled guilty March 4, 2021, in federal court in Sioux City.

Derek Wilkens, 35, from Sioux City, Iowa, was convicted of conspiracy to distribute methamphetamine.

At the plea hearing, Wilkens admitted that between about May 2019 through about August 28, 2019, Wilkens and others distributed at least 3 pounds of methamphetamine.  Evidence further showed that on August 28, 2019, law enforcement executed a search warrant at the residence of one of Wilkens’ sources of supply in Sioux City, Iowa.  During the search, Wilkens possessed approximately 88 grams of methamphetamine which he intended to distribute to another person or persons.    

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

The case is being prosecuted by Special 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 20-4038.  Follow us on Twitter @USAO_NDIA.

A Cedar Rapids man, responsible for producing child pornography and then distributing it online, was sentenced today to 360 months in prison.

Nathan Krejci, age 41, from Cedar Rapids, Iowa, received the prison sentence after a June 24, 2020 guilty plea to being a drug user in possession of a firearm, sexual exploitation of a child, and distribution of child pornography. 

Information disclosed at his plea and sentencing hearings showed that, beginning in September 2016 and continuing to September 24, 2019, Krejci engaged in sexually explicit conduct with a female child between the ages of 6 and 9 years old.  Krejci produced a video of the conduct and distributed still shots of the video to an undercover officer online.  Krejci later admitted he distributed the images to less than 12 people on the internet.  The Court found that Krejci drugged the victim prior to the sexual abuse, rendering the victim unconscious during the abuse.  Krejci also sexually and physically abused a 7 to 9-year-old boy approximately 13 years ago.  The abuse included holding a gun to the child’s head when the child refused to drink alcohol.  Investigators executed a warrant at Krejci’s residence in September 2019.  During the search, they seized multiple electronic devices, two guns, marijuana, and some methamphetamine.  Krejci admitted to being a frequent user of marijuana and methamphetamine.  Investigators searched Krejci’s electronic devices and located between 300 and 600 images of child pornography.  Krejci received some of the images from people online in exchange for sending them the images he produced with the 6 to 9-year-old female victim.

Krejci has some criminal history.  This includes an OWI conviction wherein Krejci hit two pedestrians and left the scene. 

“Mr. Krejci earned every day of his 30-year sentence with his shocking criminal conduct,” said Acting United States Attorney Sean Berry following the sentencing.  “Our community is safer thanks to the hard work of our law enforcement partners.”

Krejci was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Krejci was sentenced to 360 months’ imprisonment.  He was ordered to make payment of $300 to the special assessment fund.  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 Attorney Ashley Corkery and investigated by the Federal Bureau of Investigation.  After today’s sentencing, FBI Omaha Special Agent in Charge Eugene Kowel said, “The 30-year sentence of Nathan Krejci means a despicable predator will no longer be able to commit horrific crimes against children.  This case highlights the dedication of our agents and law enforcement partners to hold those who terrorize children accountable for their crimes.”  The following agencies also assisted in the investigation: the Iowa Division of Criminal Investigation, Cedar Rapids Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.    

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.”

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

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.

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

The case file number is 19-CR-0110.                                

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A man who received and distributed child pornography was sentenced February 26, 2021, to more than 14 years in federal prison.

Kevin Eugene Dill, age 56, from Webster City, Iowa, received the prison term after an October 9, 2020, guilty plea to one count of distribution of child pornography and one count of receipt of child pornography. 

In a plea agreement, Dill admitted that between March 2012 through June 2020, he knowingly received and possessed over thousands of images and videos of child pornography.  In September of 2017, an FBI Special Agent operating in an undercover capacity conducted several undercover sessions with Dill, wherein Dill distributed child pornography to the undercover agent.  On October 31, 2017, law enforcement executed a search warrant at Dill’s residence, and Dill admitted to receiving child pornography.  Despite being confronted, Dill continued to access child pornography utilizing PayPal to purchase child pornography from a Chinese website. When Dill was arrested in June 2020, he again admitted to accessing child pornography for sexual gratification.

Dill was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Dill was sentenced to 169 months’ imprisonment.  He was ordered to make $60,500 in restitution.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.

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

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

The case was prosecuted by Assistant United States Attorney Mikala Steenholdt and investigated by The Iowa Internet Crimes Against Children Task Force and the FBI Child Exploitation and Human Trafficking Task Force.

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

The case file number is 20-CR-3013.

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

Adony Benitez-Ramires, age 34, a citizen of Honduras illegally present in the United States and residing in Marion, Iowa, received the prison term after a guilty plea on January 13, 2021, to one count of illegal reentry into the United States.

At the guilty plea, Benitez-Ramires admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government.  Benitez-Ramires was deported in September 2012 and June 2018.  Benitez-Ramires was convicted in a Texas federal court in May 2018 of illegal entry into the United States, a misdemeanor.  Benitez-Ramires most recently came to the attention of immigration agents following an arrest in Linn County, Iowa, on state charges in November 2020.

Benitez-Ramires was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Benitez-Ramires was sentenced to 89 days’ imprisonment.  He must also serve a one-year term of supervised release after the prison term.  There is no parole in the federal system.

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

The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by 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 20-CR-99. 

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A felon who possessed a firearm was sentenced today to two years in federal prison.

Anthony Rush, age 32, of Cedar Rapids, Iowa, received the sentence after a September 28, 2020 guilty plea to one count of being a felon in possession of a firearm.  At the plea hearing, Rush admitted that, in May 2020, he knowingly possessed a .380 auto caliber pistol.  The record at the sentencing hearing established that defendant ran from Cedar Rapids police officers and discarded a loaded pistol before being arrested.  Rush was convicted of attempted burglary in the second degree in Linn County in 2012. 

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

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

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.  Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.  For more information about Project Guardian, please see /media/1122011/dl?inline.

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 20-62.

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A man who conspired to distribute methamphetamine was sentenced on February 22, 2021, to more than 11 years in federal prison.

Daryl David Blair, 36, from Los Osos, California, received the prison term after a September 18, 2020, guilty plea to one count of conspiracy to distribute methamphetamine.

At sentencing, Blair was found to have been involved with trafficking 16 pounds of methamphetamine across California, Iowa, and South Dakota.  On February 8, 2020, while patrolling the Grand Falls Casino parking lot in Larchwood, IA, law enforcement searched a vehicle connected to Blair and ultimately recovered nearly 3 pounds of methamphetamine, and drug trafficking materials. Earlier that winter, Blair and his coconspirators had brought pounds of methamphetamine to the Midwest for distribution. 

Blair was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Blair was sentenced to 140 months’ imprisonment.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.

The case was prosecuted by Assistant United States Attorney Mikala Steenholdt and was investigated by the Lyon County Sheriff’s Office, Lyon County Attorney’s Office, and Iowa Department of Criminalistics Investigation.

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

The case file number is 20-4068.

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A man who possessed a loaded gun was sentenced February 26, 2021, to more than three years in federal prison.

Joshua Jacobs, age 39, from LeMars, Iowa, received the prison term after a September 18, 2020, guilty plea to being a felon in possession of a firearm and ammunition.  Jacobs was previously convicted of felony drug crimes which made it illegal for him to possess a gun.

Evidence at Jacob’s, detention, change of plea, and sentencing hearings revealed that on October 15, 2019, officers of the Sioux City Police Department conducting surveillance on a residence observed a vehicle not registered to Jacobs leaving the residence. Due to a malfunctioning license plate light, officers initiated a traffic stop of the vehicle. The vehicle did not immediately stop and “slow rolled” for a distance before coming to a stop. Immediately upon stopping the vehicle, Jacobs exited the driver’s seat. Due to this unusual behavior, Jacobs was placed in handcuffs. A female passenger in the vehicle, was observed to be bleeding from her hand and to have a white powder on her shirt. Officers also observed what appeared to be a broken methamphetamine pipe on the passenger’s side floor.

Due to those items, officers conducted a probable cause search of the vehicle. On the passenger’s side, officers located a digital scale, broken glass, and a baggie that was found to contain approximately four grams of methamphetamine. In the center console, officers found a black bag, which contained a number of small baggies of a white powder and crystalline substance that appeared to be methamphetamine. Jacobs stated that the substance in the black bag was not methamphetamine but was MSM.  In a spare tire well in the trunk of the vehicle, officers located a loaded .40 caliber Springfield XD handgun, which was later found to have been stolen.  The 12-round magazine contained 11 rounds of .40 caliber ammunition. The defendant initially denied having any knowledge of the firearm; however, in a subsequent interview, Jacobs admitted that he had possessed the firearm, which he knew to be stolen.

Jacobs was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Jacobs was sentenced to 41 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.

Jacobs 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.

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from our Project Guardian partners. For more information about Project Guardian, please see /media/1122011/dl?inline.

The case was investigated by the Sioux City, Iowa Police Department and the U.S. Department of Justice’s 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 20-4008.

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A man who illegally possessed a gun was sentenced March 1, 2021, to more than three years in federal prison.

Thomas James Masengarb Vesey, age 21, from Hiawatha, Iowa, received the prison term after a September 17, 2020 guilty plea to being a drug user in possession of a firearm.

Evidence at earlier hearings showed that police officers stopped Vesey while he was driving in Marion, Iowa.  After he pulled the car over, Vesey switched seats with a passenger before officers approached the car on foot.  Officers smelled marijuana and searched the car, finding marijuana and a gun with an obliterated serial number.  Vesey’s mother came to the scene of the traffic stop and attempted to take ownership of the gun until officers told her that they were aware that Vesey called her and that the call was recorded.  Vesey later admitted that he bought the gun after some of his friends had been murdered.  He also told law enforcement that he both used and sold marijuana. 

Vesey was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Vesey was sentenced to 37 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 is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.  Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.  For more information about Project Guardian, please see /media/1122011/dl?inline.

Vesey was released on the bond previously set and is to surrender to the United States Marshal’s Service on March 15, 2021.

The case was prosecuted by Assistant United States Attorney Emily K. Nydle and investigated by the Marion Police Department, the Cedar Rapids Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. 

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

The case file number is 20-cr-00054.

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A Marion man who forged and counterfeited postage and committed export violations was convicted today following a one-day trial that occurred last month in federal court in Cedar Rapids, Iowa.

Bradley Jon Matheny, age 42, from Marion, Iowa, was convicted of seven counts of postage meter stamp forgery and counterfeiting and three counts of export violations.  The verdict was returned late this afternoon after a day-long bench trial that was held in February.

The evidence at trial showed that Matheny operated an eBay business known as “Mathenys” from his residence in Marion.  Through “Mathenys,” Matheny sold retail goods to individuals all over the United States and the globe.  Matheny used the United States Postal Service (USPS) to ship these goods to his customers; in 2015, for example, Matheny shipped over 28,000 packages with the USPS.  Postage posed a significant financial cost to Matheny’s business.  To reduce his costs, and increase his profit, Matheny possessed and used forged and counterfeited postage meter stamps on many of the packages he sent to his customers between November 2015 and May 2017.

In 2015, USPS personnel at the Cedar Rapids Main Post Office became suspicious of Matheny’s mailing practices after he kept dropping off his packages at the post office late in the evening at the dock.  USPS eventually alerted federal law enforcement, specifically the United States Postal Inspection Service (USPIS), that Matheny might be falsifying postage in connection with his eBay business.  A review of Matheny’s packages in late 2015 revealed that most of Matheny’s packages had either insufficient postage or a forged or counterfeited postage meter stamp.  For example, some postage was purchased at the 3-ounce rate, but the “3” was altered into an “8.”  Similar reviews in 2016 and 2017 yielded similar results, and one expert testified that Matheny had shorted the USPS more than $250,000.

In 2017, law enforcement officers executed a federal search warrant at Matheny’s residence, a single-family house in Marion.  During the search, the USPIS seized a large number of unusual paper clippings of partial Priority Mail and First Class postage meter stamps as well as a handwritten list of crossed-out Priority Mail tracking numbers.  Law enforcement also imaged Matheny’s electronic devices and, on his computer, found a number of unaltered electronic versions of the forged postage meter stamps in question.  Later, working with representatives of eBay, law enforcement learned that Matheny was taking advantage of vulnerabilities in the USPS’s electronic postage payment systems to receive Priority Mail treatment for his packages even though he had only paid the First Class rate.

Some of Matheny’s customers lived overseas, including in Israel and South Africa.  The USPS required Matheny to make truthful declarations on these exports.  Specifically, Matheny was required to truthfully declare whether the package contained merchandise or a gift and also the value of the contents of the package.  Matheny falsely certified on these forms that his packages contained a “gift” that was worth a nominal sum such as “$1.90,” when in truth Matheny knew the contents of his packages were not gifts and worth more than what he listed on the forms.  This allowed Matheny’s packages to clear foreign customs more rapidly and possibly avoid foreign customs taxes.

United States District Court Judge C.J. Williams convicted defendant of ten counts and acquitted him of five others.  Matheny remains free on bond pending sentencing before Judge Williams.  Matheny faces a possible maximum sentence of 65 years’ imprisonment, a $2.5 million fine, and three years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Tim Vavricek and was investigated by the United States Postal Inspection Service. 

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

The case file number is 20-CR-50.

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A man who conspired to distribute methamphetamine was sentenced February 26, 2021, to more than 2 years in federal prison.

Dustin Noble, 38, from Lake Park, Iowa, received the prison term after an October 13, 2020, guilty plea to conspiracy to distribute methamphetamine.

Evidence at the hearings showed that, between November 2019 and March 2020, Noble and others conspired to distribute at least 5,000 grams of pure methamphetamine.  Noble admitted to helping acquire and transport 20 pounds of methamphetamine from a source of supply in California for which he was to receive money and/or methamphetamine.  Noble also admitted to helping acquire methamphetamine in three trips to Sioux City to obtain ½ to one pound quantities of methamphetamine in January/February 2020, from another source of supply.    

Noble was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Noble was sentenced to 27 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.  Noble 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 Shawn S. Wehde and investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.   

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

The case file number is 20-4051.  Follow us on Twitter @USAO_NDIA.

A man who robbed and assaulted another person while in possession of a firearm was sentenced on March 1, 2021, to more than nine years in federal prison.

Anquavion Claybon, age 22, from Waterloo, Iowa, received the prison term after an August 21, 2020 guilty plea to being a felon in possession of a firearm.

At the guilty plea, Claybon admitted he possessed a firearm after having been convicted of two previous felony offenses that involved firearms.  Information at sentencing showed that, on January 19, 2020, Claybon used a firearm to rob a victim, stealing money from the victim.  Claybon and others then assaulted the victim.     

Claybon was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Claybon was sentenced to 110 months’ imprisonment.  He was ordered to make $105 in restitution.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.  Claybon 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.

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.

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

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

The case file number is 20-CR-2025.

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A man who illegally possessed a firearm as a drug user was sentenced March 1, 2021, to five years’ probation.

Treyton Mims, age 21, from Cedar Rapids, Iowa, received the prison term after a September 22, 2020 guilty plea to being a drug user in possession of a firearm.  Evidence during the case established that during a traffic stop, police found Mims in possession of a 9mm firearm.  Mims also admitted to being a marijuana user.

Mims was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Mims was sentenced to 5 years’ probation.

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

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.

Goad 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 Lisa C. Williams and investigated by the Marion Police Department. 

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

The case file number is 20-cr-0053.

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A man who displayed a firearm at a female victim at a Motel 6 in Waterloo, Iowa, in an attempt to dissuade her from contacting law enforcement, was sentenced on Friday to more than eight years in federal prison.

Devonner Coleman, age 30, from St. Louis, Missouri, received the prison term after a guilty plea to being a felon in possession of a firearm.

In a plea agreement, Coleman admitted he was found with a .22 caliber rifle with the barrel cut off, as well as approximately 118 grams of packaged marijuana.  His fingerprints were found on the firearm and one of the baggies of marijuana.  He had previously been convicted of possessing marijuana with the intent to deliver in Black Hawk County in 2009, 2011, and 2013.  At sentencing, the victim testified that Coleman displayed the firearm at her, stating he does not mess with “snitches,” and later stepped on her foot and yelled at her while she was on the phone with a 9-1-1 operator. 

Coleman was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Coleman was sentenced to 102 months’ imprisonment and fined $100.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Coleman 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.

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.     

The case was prosecuted by Assistant United States Attorney Liz Dupuich and investigated by the Waterloo 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 19-CR-2049-CJW.

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A Cedar Falls, Iowa, man who led Waterloo police officers on a high-speed chase on March 6, 2020, was sentenced today to seven years in federal prison.

Rocky Truax, age 34, from Cedar Falls, Iowa, received the prison term after an October 1, 2020 guilty plea to being a felon in possession of a firearm.

At the plea and in the sentencing hearing, evidence showed that Truax was involved in a traffic stop on December 11, 2019, which resulted in the seizure of a handgun with a partially obliterated serial number, and a quantity of methamphetamine.  On March 6, 2020, Truax led Waterloo police officers on a high-speed chase on Highway 218 in which he reached speeds of 80-mph in a 45-mph zone while driving on the wrong side of a divided highway.  The chase ended when Truax crashed his car.  A subsequent search of Truax’s home resulted in the seizure of another firearm and stolen property.

Truax was sentenced in Cedar Rapids by United States District Court Judge  C.J. Williams.  Truax was sentenced to 84 months’ imprisonment and must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

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

The case was prosecuted by Assistant United States Attorney Patrick J. Reinert and investigated by the Waterloo Police Department and the Bureau of Alcohol. Tobacco, Firearms and Explosives.

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

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.

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

The case file number is 20-CR-2030.

Follow us on Twitter @USAO_NDIA.

A man who distributed a deadly cocktail of opioids pled guilty today in federal court in Cedar Rapids.

Julius Gene Irvin, age 30, from Dubuque, Iowa, was convicted of one count of distribution of controlled substances near a protected location resulting in death.

At the plea hearing, Irvin admitted that he distributed a mixture of heroin, fentanyl, and valeryl fentanyl to another person on May 19, 2019.  That person later used the drugs and was found deceased on May 20, 2019.  Another man, Travis Gordon Jones, previously pled guilty to conspiring to distribute the same drugs that caused the victim’s death, as well as two other deaths.  Jones is awaiting sentencing.

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Irvin was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing.  Irvin faces a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life imprisonment, a $2,000,000 fine, and six years of supervised release following any imprisonment.

The case was investigated by the Dubuque Drug Task Force and the Drug Enforcement Administration 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-1011-CJW-MAR. 

The case file number for Jones is 19-CR-1037-CJW-MAR. 

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A man who possessed handguns and an assault rifle was sentenced today to seven years in federal prison.

Dandre Montrell Gantt, age 22, from Waterloo, Iowa, received the prison term after September 29, 2020 bench verdict finding him guilty of being a drug user in possession of firearms and ammunition. 

The evidence at trial established that, on January 26, 2020, police officers were conducting a routine patrol in Waterloo, Iowa.  At approximately 1:30 a.m., officers observed Gantt and another man seated in a parked car in downtown Waterloo.  After surveilling the car, an officer approached it to talk to Gantt.  During the conversation, the officer observed a gun holster in the front of the car in the space between the passenger and driver’s seat.  Another officer arrived and as he approached the vehicle from the driver’s side, he observed a semi-automatic Romarm/Cugir 7.62x39 rifle in the backseat of the vehicle.  Officers eventually also seized a loaded Smith and Wesson 9mm pistol and a loaded Taurus .45 caliber pistol from the passenger’s seat

Gantt was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Gantt 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 is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.

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

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

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

The case file number is 20-CR-2020.

Follow us on Twitter @USAO_NDIA.

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

Brandon Goad, age 20, from Marion, Iowa, received the prison term after a September 8, 2020 guilty plea to being a drug user in possession of a firearm.

Evidence during the case established that during a traffic stop, police found Goad in possession of a loaded .22 caliber firearm.  Goad also admitted to possessing marijuana found during the traffic stop and being a marijuana user.

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

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

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.

Goad 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 Lisa C. Williams and investigated by the Marion Police Department. 

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

The case file number is 20-cr-0053.

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A man who escaped from custody in the Gerald R. Hinzman Center pled guilty today in federal court in Cedar Rapids.

Justin Troendle, age 34, from Cedar Rapids, Iowa, was convicted of one count of escape from federal custody.  At the plea hearing, Troendle admitted that, in May 2020, he was in custody at the Hinzman Center under a federal court order pursuant to his prior conviction for failure to register as a sex offender.  Troendle admitted that, between May 5 and May 15, 2020, he left custody without authorization by failing to return to the Hinzman Center as required.

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

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the United States Marshals Service, the Northern Iowa Fugitive Task Force, and the Cedar Rapids Police Department.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 20-87.

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A woman who conspired to distribute methamphetamine was sentenced February 19, 2021, to more than 18 years in federal prison.

Delfina Torres-Perez, 33, from Sioux City, Iowa, received the prison term after a September 25, 2020, guilty plea to conspiracy to distribute methamphetamine. Torres-Perez was previously convicted in the Northern District of Iowa for conspiracy to distribute methamphetamine in 2012.

Evidence at the plea and sentencing hearings showed that from about November 2019 through March 2020, Torres-Perez and others conspired to distribute more than 22 pounds of methamphetamine.  On two occasions in March 2020, Torres-Perez distributed about one pound of methamphetamine to persons cooperating with law enforcement.  Torres-Perez also traveled to California, obtained 20 pounds of methamphetamine, which  she brought back to northwest Iowa, hidden in the gas tank of the vehicle for later distribution.  Torres-Perez also admitted to involvement in an additional 30 pounds of methamphetamine distribution in the northwest Iowa area, obtained from large-scale sources in the Sioux City area.

Torres-Perez was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Torres-Perez was sentenced to 204 months’ imprisonment, consecutive to 18 months’ imprisonment, ordered to be served for violation of her previous federal supervised release.  She must also serve a 10-year term of supervised release after the prison term.  There is no parole in the federal system.  Torres-Perez is being held in the United States Marshal’s custody until she can be transported to a federal prison.

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

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

The case file number is 20-4051.  Follow us on Twitter @USAO_NDIA.

A woman who conspired to distribute methamphetamine pled guilty February 18, 2021, in federal court in Sioux City, Iowa.

Jennie Kazena, 38, from Sioux City, was convicted of conspiracy to distribute methamphetamine.  Kazena was previously convicted in federal court of conspiracy to distribute and possession with intent to distribute methamphetamine on February 19, 2010

At the plea hearing, Kazena admitted that between on or about January 2019 and continuing to on or about October 2019 she and others distributed more than 150 grams of methamphetamine in the Sioux City area.  In March 2019, in a traffic stop in South Dakota, Kazena was found to possess 12 grams of methamphetamine.  In October 2019, in a controlled operation by law enforcement, Kazena distributed nearly ¼ pound of methamphetamine to a confidential informant.  Later, in October 2019, in a traffic stop by Sioux City police, Kazena was found to possess ½ ounce of methamphetamine. Kazena admitted to agents her involvement in the distribution of about two pounds of methamphetamine in the Sioux City area.

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

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

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

The case file number is 20-4037.  Follow us on Twitter @USAO_NDIA.

A man who distributed methamphetamine was sentenced on February 24, 2021, in federal court in Sioux City.

Silas Bui, 25, from Sioux City, Iowa, pled guilty to distributing methamphetamine on October 14, 2020. 

Evidence at the plea and sentencing hearings, showed that on July 8, 2019, Bui distributed 27.37 grams of methamphetamine to an individual cooperating with law enforcement. Bui was previously convicted of the following crimes: Harassment – 1st Degree and Domestic Abuse Assault Display or Use of a Weapon – 1st Offense, on or about September 12, 2018; Theft 2nd, on or about April 11, 2019; Possession of a Controlled Substance – 2nd Offense, on or about September 3, 2019, all in the Iowa District Court for Woodbury County.

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Bui was sentenced to 54 months’ imprisonment.  He must also serve a 3 year term of supervised release following the imprisonment.  There is no parole in the federal system.  Bui remains in custody of the United States Marshal until he can be transferred to a federal prison. 

The case was prosecuted by Special 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 20-4053.  Follow us on Twitter @USAO_NDIA.

A Sioux City man who sold methamphetamine, oxycodone, and fentanyl was sentenced February 23, 2021, to more than 8 years in federal prison.

Rufus Joy Stevens, age 39, from Sioux City, IA, received the prison term after a guilty plea to possession with intent to distribute oxycodone in Sioux City.

Stevens admitted that in February 2020 he conspired and possessed with the intent to distribute over 100 oxycodone pills, over 27 grams of methamphetamine, and 10 fentanyl patches around the Sioux City area. 

Stevens was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Stevens was sentenced to 105 months’ imprisonment. He must also serve a six-year term of supervised release after the prison term.  There is no parole in the federal system.

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

The case was prosecuted by Assistant United States Attorney Ron Timmons and 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 20-4059.

Follow us on Twitter @USAO_NDIA.

A man who conspired to distribute methamphetamine pled guilty on February 18, 2021, in federal court, in Sioux City, Iowa.

Hugo Arechiga Torres, 39, from Sioux City, Iowa, was convicted of conspiracy to distribute methamphetamine.  Torres was previously convicted three times in South Dakota, for serious felony drug trafficking offenses, including a federal case in 2014.

At the plea hearing, Torres admitted that between December 2019 and August 2020, he and others distributed at least 4.5 kilograms of methamphetamine in the Sioux City area.  During two separate controlled operations in August 2020, law enforcement used a confidential informant to purchase more than 12 pounds of methamphetamine from Torres.  Later, upon his arrest in August 2020, officers seized $754 from Torres, including five $100 bills that were found to be pre-serialized money provided to Torres in a controlled methamphetamine purchase, as part of a drug debt payment. 

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Torres remains in custody of the United States Marshal pending sentencing.  Torres faces a mandatory minimum sentence of 25 years’ imprisonment and a possible maximum sentence of life imprisonment, a $20,000,000 fine, and at least 10 years of supervised release following any imprisonment.

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

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

The case file number is 20-4067.  Follow us on Twitter @USAO_NDIA.

A man who illegally returned to the United States after being deported five times was sentenced yesterday to over one year in federal prison.

Carlos Antonio Giron-Amador, age 29, a citizen of Honduras illegally present in the United States and residing in Hampton, Iowa, received the prison term after a guilty plea on November 18, 2020, to one count of illegal reentry into the United States after having been deported following a conviction for a felony.

At the guilty plea, Giron-Amador admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government.  Giron-Amador was deported to Honduras from Texas in September 2011, May 2012, and May 2013.  In November 2016, Giron-Amador was convicted in the Iowa District Court for Franklin County for operating while intoxicated (OWI).  In March 2017, Giron-Amador was convicted in the Northern District of Iowa of illegally reentering the United States, a felony, and was deported a fourth time in May 2017.  In April 2018, Giron-Amador was convicted in Texas of illegally entering the United States, a misdemeanor, and deported a fifth time in September 2018.  Giron-Amador most recently came to the attention of immigration agents in October 2020 following an arrest in Franklin County, Iowa, related to his earlier conviction for OWI.

Giron-Amador was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand.  Giron-Amador was sentenced to 13 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.

Giron-Amador 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 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 20-CR-3039.

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A man who distributed methamphetamine in Lakes area was sentenced February 23, 2021, to 7 years in federal prison.

Chance Jacob Wetter, age 26, from Estherville, Iowa, received the prison term after a September 22, 2020, guilty plea to one count of conspiracy to distribute methamphetamine within 1000 feet of a protected location.

In a plea agreement, Wetter admitted he and others distributed methamphetamine in the Lakes area from October 2019 through February 2020.

On October 23, 2019, law enforcement conducted a controlled drug buy from Wetter utilizing an undercover officer in Spirit Lake, Iowa.  Wetter sold the undercover officer approximately 2 ounces of methamphetamine at the public library and then another 2 ounces of methamphetamine at his apartment which was within 1,000 feet of Memorial Park in Spirit Lake.   

Wetter was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Wetter was sentenced to 84 months’ imprisonment.  He must also serve a 7-year term of supervised release after the prison term.  There is no parole in the federal system.

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

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

The case file number is 20-CR-4016.

Follow us on Twitter @USAO_NDIA.

A man who conspired to distribute methamphetamine was sentenced February 23, 2021, to 11 years in federal prison.

Nicholas Thompson, 30, from Sioux City, Iowa, received the prison term after a September 24, 2020, guilty plea to conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine.  Thompson was previously convicted of conspiracy to manufacture methamphetamine in the United States District Court for the Northern District of Iowa on November 9, 2010.

Evidence at the plea and sentencing hearings showed that between January 2019 and January 2020, Thompson and others conspired to distribute at least 5000 grams of methamphetamine mixture.  On two occasions in July and December of 2019, Thompson was stopped by law enforcement and found in possession of about ½ ounce of methamphetamine.  Later in December 2019, Thompson was apprehended pursuant to an arrest warrant and found in possession of more than two ounces of methamphetamine.  Then in January 2020, law enforcement conducted a traffic stop of a vehicle occupied by Thompson.  The driver attempted to flee in the vehicle and ran over stop-sticks deployed by law enforcement.  Thompson exited the vehicle, fell down and was caught with a bag of nearly ten ounces of methamphetamine near him.  Law enforcement also seized a loaded .38 caliber handgun, with the serial number filed off, approximately 60 feet from where the vehicle ultimately stopped.  The bag appeared to have been thrown from the vehicle.  Thompson admitted he had been involved in the distribution of sizable quantities of methamphetamine since he had been released from federal prison and intended to distribute some or all of the methamphetamine to other persons.     

Thompson was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Thompson was sentenced to 132 months’ imprisonment.  He must also serve a 6-year term of supervised release after the prison term.  There is no parole in the federal system.  Thompson 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 Shawn S. Wehde and 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 20-4036.  Follow us on Twitter @USAO_NDIA.

A man who illegally possessed a firearm was sentenced on February 22, 2021, to 3 years in federal prison.

Michael Limkemann, 35, from Clarksville, Iowa, pled guilty on September 24, 2020, to illegal possession of a firearm as a felon and user of controlled substances.  Limkemann was previously convicted of Conspiracy to Distribute Methamphetamine and Unauthorized Possession of an Offensive Weapon, in the Iowa District Court for Butler County, and Possession of a Controlled Substance – 2nd Offense, in the Iowa District Court for Black Hawk County, on or about January 12, 2016.  These convictions prohibited Limkemann from possessing any firearms or ammunition.

At the plea and sentencing hearings, evidence showed that Limkemann had given a .22 rifle to another drug user.  Limkemann further admitted to possessing the .22 rifle while he was a user of methamphetamine and marijuana.  

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Limkemann was sentenced to 36 months’ imprisonment.  He must also serve a term of 3 years of supervised release following imprisonment.  There is no parole in the federal system.  Limkemann remains in custody of the United States Marshal until he can be transferred 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.

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.

The case was prosecuted by Special Assistant United States Attorney Patrick T. Greenwood and was investigated by Clarksville Police Department, Butler County Sheriff’s Department and the Bureau of Alcohol, Tobacco and Firearms Enforcement. 

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

The case file number is 20-3010.  Follow us on Twitter @USAO_NDIA.

A man who handed a loaded handgun to another felon, who then shot a third person, was sentenced today to eight years in federal prison.

Katwan Montez Brown, age 27, from Dubuque, Iowa, received the prison term after an August 25, 2020 guilty plea to being a felon in possession of a firearm.  Evidence at sentencing showed that Brown handed a loaded pistol to Derrick Timmons after Timmons had been in an argument in the street during the early morning hours of New Year’s Day 2020.  Video evidence showed that, shortly after Brown gave Timmons the pistol, Timmons shot multiple times from the doorway of a home, striking one individual.  After the shooting, Brown left the house and ran to an alleyway behind it, returning moments later.  Dubuque police officers later found a pistol in the alleyway, as well as a cell phone and identification belonging to Brown.  Brown’s fingerprints were found on the magazine inside the pistol, and shell casings outside the residence from where Timmons shot matched the pistol that had Brown’s fingerprints.  At sentencing, the judge found that Brown’s conduct in handing Timmons the loaded firearm before the shooting set in motion all of the events, and commented that “this is not the Wild West.”  Brown had previously been convicted of felony forgery and felony possession with intent to distribute marijuana in 2013 and felony possession of contraband in a correctional facility in 2018.  He was also convicted of domestic abuse assault with strangulation and domestic abuse assault causing bodily injury in 2015, and domestic abuse assault causing bodily injury, second offense, in 2017.

Brown was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Brown was sentenced to 96 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 is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.

This case was made possible in part by evidence 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.

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

The case was investigated by the Dubuque Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and prosecuted by Assistant United States Attorney Dan Chatham. 

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

The case file number is 20-CR-01013-2-CJW-MAR.

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A man who used Facebook and the mail to stalk another person pled guilty today in federal court in Cedar Rapids.

Michael Shawn McGuire, age 57, from Cresco, Iowa, was convicted of four counts of cyberstalking.

At the plea hearing, McGuire admitted that he used Facebook and the mail to engage in conduct to harass and intimidate another person and cause substantial emotional distress to that person.  Evidence from a previous hearing in this case established that between August 25, 2018, and May 25, 2019, numerous yard signs were posted where the victim resided in Minnesota.  The signs were sexually explicit and contained the victim’s name, telephone number, address, and email address.  During this same time period, various friends, family members, and associates of the victim received sexually explicit mailings with semi-nude photos of the victim.  In addition, various Facebook profiles sent similar semi-nude photos to some of the victim’s contacts through Facebook and various fake dating profiles associated with the victim were created.

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  McGuire remains in custody of the United States Marshal pending sentencing.  McGuire faces a possible maximum sentence of 20 years’ imprisonment, a possible $250,000 fine per count, and up to 3 years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorneys Ashley Corkery and Kyndra Lundquist.  This case was investigated by the Minnesota Kandiyohi County Sheriff’s Office, the Willmar, Minnesota Police Department, the Litchfield Minnesota Police Department, the Minnesota Renville County Sheriff’s Office, the Minnesota Pipestone County Sheriff’s Office, the Cresco, Iowa Police Department, the Minnesota Bureau of Criminal Apprehension, and the Iowa Division of Criminal Investigation. 

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

The case file number is 19-CR-2075.

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A man who possessed multiple firearms and drugs was sentenced today to more than eight years in federal prison.

Daniel James Abbott, age 48, from Cedar Rapids, Iowa, received the prison term after a September 2, 2020 guilty plea to possession with intent to distribute a controlled substance and possession of a firearm in furtherance of a drug trafficking crime.

Documents filed earlier in the case show that in September 2019, Abbott was arrested with a backpack containing methamphetamine and marijuana-based edibles.  Officers recovered a firearm a short distance away and Abbott was wearing a gun holster.  Law enforcement officers searched two businesses run by Abbott.  Officers located methamphetamine, marijuana, drug paraphernalia, another firearm, and $50,000 in cash at one business.  In October 2019, officers searched Abbott’s residence and recovered methamphetamine, drug paraphernalia, and approximately 4,732 rounds of ammunition in various caliber

Abbott was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Abbott was sentenced to 105 months’ imprisonment and fined $20,000.  He was ordered to pay $4,736 in attorney fees.  He must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.

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

The case was prosecuted by Assistant United States Attorney Emily K. Nydle and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Hiawatha Police Department, the Cedar Rapids Police Department, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Linn County Sheriff’s Office, the Marion Police Department, the Iowa Division of Narcotics Enforcement, and the Drug Enforcement Administration. 

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

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline

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

The case file number is 20-cr-00032.

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A Minnesota man who participated in a scheme to defraud the United States out of Paycheck Protection Program (PPP) and Economic Injury Disaster Loans (EIDL) funds, and conspired to launder funds from over $1.2 million in illegally obtained loan funds, pled guilty today in federal court in Sioux City.

Donald Franklin Trosin, age 56, from Champlin, Minnesota, formerly of Armstrong, Iowa, was convicted of one count of major fraud against the United States and one count of money laundering conspiracy.

The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act is a federal law enacted in late March 2020 that provides emergency financial assistance, including PPP and EIDL loans, to the millions of Americans who are suffering the economic effects of the COVID-19 pandemic.  At the plea hearing, Trosin admitted he participated in a scheme to defraud the United States out of PPP and EIDL loan funds after more than 20 applications were submitted to the Small Business Administration in the name of Trosin and another person.  The applications falsely represented that Trosin had 120 employees on his payroll and over $5 million in payroll expenses when, in truth, Trosin did not operate a business at all.  Trosin also admitted that, after receiving the funds through banks in Minnesota and Northwest Iowa, he withdrew and wired proceeds from the scheme to other individuals in other states.

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Trosin remains free on bond previously set pending sentencing.  Trosin faces up to 20 years’ imprisonment, over $5,000,000 in fines, and three years of supervised release following any imprisonment.    

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

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

The case file number is 20-CR-4066.

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A man who assaulted his girlfriend was sentenced today to more than two years in federal prison.

Marshall Kapayou, age 37, from Tama, Iowa, received the prison term after a September 29, 2020 guilty plea to assault resulting in serious bodily injury.

In a plea agreement, Kapayou admitted that during the evening of May 16, 2020, the victim and he got into Kapayou’s car after they had been drinking alcohol.  While in the car, Kapayou began arguing with the victim.  The argument turned physical when he began to hit the victim with his fists.  Kapayou hit the victim multiple times, primarily around her head.  An individual nearby observed the assault and reported it to the police.  When police responded, they observed the victim lying on her back, unconscious, in the car, bleeding from her injuries.  There was blood in the car, as well as on Kapayou’s t-shirt and pants.  Officers transported the victim to the hospital, where she received treatment for her injuries over the course of the next three days. 

Kapayou was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Kapayou was sentenced to 27 months’ imprisonment.  He was ordered to make $11,108.17 in restitution.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Kapayou 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 Lisa C. Williams and investigated by the Meskwaki Nation Police Department and the Federal Bureau of Investigation. 

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

The case file number is 20-CR-0051.

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A woman who created sexually explicit images of two children was sentenced on February 12, 2021, to 30 years in federal prison

Gina Christa Urbain, age 37, from Dubuque, Iowa, received the prison term after an August 18, 2020 guilty plea to sexually exploiting children and possessing child pornography.

At the guilty plea, Urbain admitted that she sexually exploited two minors, a 7 year-old female and 5 year-old male, by creating visual depictions of sexually explicit material involving both children.  Urbain also admitted possessing visual depictions of child pornography.

Urbain was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Urbain was sentenced to 360 months’ imprisonment.  She must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.

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.”

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

The case was prosecuted by Assistant United States Attorney Emily K. Nydle and investigated by the Dubuque County Sheriff’s Office, the Dubuque Police Department, the Dubuque County Attorney’s Office, the Iowa Department of Human Services, and the Black Hawk County Sheriff’s Department. 

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

The case file number is 19-cr-1050.

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A drug user who possessed a firearm was sentenced today to five years in federal prison.

Tobias Sarazin, age 34, of Dubuque, Iowa, received the sentence after a June 23, 2020 guilty plea to one count of being a prohibited person in possession of a firearm.  At the plea hearing, Sarazin admitted that, in December 2019, he possessed a pistol while being a user of marijuana and methamphetamine.  Evidence presented at the sentencing hearing established that Sarazin possessed a loaded pistol in a Dubuque bar, that he had been convicted of three crimes of domestic violence, and that he was subject to a no contact order.

Sarazin was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Sarazin was sentenced to 60 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 is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.  Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.  For more information about Project Guardian, please see /media/1122011/dl?inline.

This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Dubuque Police Department, the Dubuque County Sheriff’s Office, 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 20-1005.

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A man who possessed with intent to distribute methamphetamine was sentenced on February 11, 2021, to more than 4 years in federal prison.

Ernesto Soto, 31, from Hawarden, Iowa, pled guilty on August 13, 2020, to possession with intent to distribute methamphetamine. 

Evidence at the plea and sentencing hearings showed that on February 5, 2020, Woodbury County Sheriff’s Deputies conducted a traffic stop of the vehicle Soto was traveling in. Upon conducting a probable cause search within the vehicle, law enforcement discovered approximately 32 grams methamphetamine, 1.6 grams cocaine, baggies, and a glass smoking device with residue located in a black bag that belonged to Soto.  The methamphetamine and cocaine were concealed in a can with a false bottom.  At least 5 grams of the approximately 32 grams was pure methamphetamine.  In May 19, 2014, Soto was convicted in the Iowa District Court for Sioux County, of intent to manufacture/deliver methamphetamine under 5 grams. 

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Soto was sentenced to 50 months’ imprisonment.  He must also serve a term of 3 years of supervised release following imprisonment.  There is no parole in the federal system.  Soto remains in custody of the United States Marshal until he can be transported to a federal prison.

The case was prosecuted by Special 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 20-4033.  Follow us on Twitter @USAO_NDIA.

A man who received child pornography was sentenced on Thursday, February 11, 2021, to more than 8 years in federal prison.

Brandon Embrey, 38, from Coon Rapids, Iowa, received the prison term after a September 20, 2020, guilty plea to receiving child pornography

At the plea hearing, Embrey admitted that from September 2018 through April 2019, he received and possessed over 600 images of child pornography.  Embrey utilized the Internet, Google Drive and Google Photos to receive and possess visual depictions of minors engaged in sexually explicit conduct, including depictions involving prepubescent minors or minors whom had not attained 12 years of age.  Over 600 images of child pornography were found in Embrey’s online accounts.  Embrey also admitted to being a user of methamphetamine.

Embrey was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Embrey was sentenced to 97 months’ imprisonment.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.

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

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

The case was prosecuted by Assistant United States Attorney Mikala Steenholdt and was investigated by the Iowa ICAC Task Force, the Iowa Division of Criminal Investigation, and the Coon Rapids Police Department.

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

The case file number is 20-3001.  Follow us on Twitter @USAO_NDIA.

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A man who possessed handguns and an assault rifle was sentenced today to seven years in federal prison.

Choroin Devontea Smith, age 24, from Waterloo, Iowa, received the prison term after an August 27, 2020 guilty plea to being a felon in possession of firearms and ammunition. 

In a plea agreement, Smith admitted that, on January 26, 2020, police officers were conducting routine patrol in Waterloo, Iowa.  At approximately 1:30 a.m., officers observed Smith and another man seated in a parked car in downtown Waterloo.  After surveilling the car, an officer approached it to talk to Smith.  During the conversation, the officer observed a gun holster in the front of the car in the space between the passenger and driver’s seat.  An additional officer arrived and as he approached the vehicle from the driver’s side, he observed a semi-automatic Romarm/Cugir 7.62x39 rifle in the backseat of the vehicle.  Officers eventually also seized a loaded Smith and Wesson 9mm pistol and a loaded Taurus .45 caliber pistol from the passenger’s seat

Smith was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Smith was sentenced to 84 months’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

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

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: Waterloo Police Department and the Bureau of Alcohol Tobacco and Firearms. For more information about Project Guardian, please see /media/1122011/dl?inline.

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

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

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

The case file number is 20-CR-2020.

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A man who illegally returned to the United States after being deported six times was sentenced today to one year in federal prison.

Rafael Gutierrez-Mancia, age 31, a citizen of El Salvador illegally present in the United States and residing in Storm Lake, Iowa, received the prison term after a guilty plea on October 15, 2020, to one count of illegal reentry into the United States after having been deported following a conviction for an aggravated felony.

At the guilty plea, Gutierrez-Mancia admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government.  Gutierrez-Mancia was first deported in September 2009 following a conviction in the Iowa District Court for Buena Vista County for identity theft, an aggravated felony, where Gutierrez-Mancia worked using someone else’s name.  In July 2011, Gutierrez-Mancia was convicted in Texas of illegally reentering the United States, a felony, and was deported a second time in January 2012.  He was deported a third time in April 2013.  In August 2013, Gutierrez-Mancia was convicted in Texas of illegally entering the United States, a misdemeanor, and deported a fourth time in October 2013.  He was deported a fifth time in July 2014.  In November 2014, Gutierrez-Mancia was convicted in Texas of illegally entering the United States, a misdemeanor, and deported a sixth time in January 2015.  In July 2020, Gutierrez-Mancia came to the attention of immigration agents following his arrest under an alias on traffic charges in Franklin County, Iowa.

Gutierrez-Mancia was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Gutierrez-Mancia was sentenced to 12 months’ and one day imprisonment.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Gutierrez-Mancia 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 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 20-CR-57.

United States Attorney Peter E. Deegan, Jr. of the Northern District of Iowa has announced his resignation effective midnight on Wednesday, February 17, 2021.  Upon his departure from the Department of Justice, Mr. Deegan plans to join a private law firm based in the Midwest.

Mr. Deegan’s career as a federal prosecutor began in 1998 when he joined the Northern District of Iowa’s Sioux City branch office as a Special Assistant United States Attorney employed through the Iowa Attorney General’s Office.  Mr. Deegan prosecuted methamphetamine manufacturers and traffickers as part of the Midwest High Intensity Drug Trafficking Area’s methamphetamine initiative. Starting in 1999, as an Assistant United States Attorney, he prosecuted a full variety of federal criminal cases from narcotics and violent crime to complex fraud, child sexual exploitation, and business crimes.  Over the course of his career, Mr. Deegan served as a federal prosecutor in the Northern District of Iowa and the Eastern District of Michigan in Detroit.  From early 2015 until his confirmation as United States Attorney in September 2017, Mr. Deegan served as the Chief of the Criminal Division in the Northern District of Iowa.

“I am truly grateful for the opportunity to serve as the United States Attorney for the Northern District of Iowa.  Representing our nation has been the privilege of my lifetime and it has been an honor to have been entrusted with that responsibility,” Deegan said.  “Of course, all of the many accomplishments of this office during my tenure are directly attributable to the extraordinary work of the attorneys and staff of the Northern District of Iowa.  Their dedication and commitment to justice cannot be overstated.  Nor would our accomplishments have been possible without the federal, state, and local law enforcement partners who dedicate their lives and risk their personal safety every day to make our communities safer.  I will be forever humbled to have been part of the tremendous team we have in the Northern District of Iowa.  I wish the Biden and Harris Administration the very best as it leads our nation forward.”

Below is a brief synopsis of some of the achievements of the U.S. Attorney’s Office during Mr. Deegan’s tenure as United States Attorney.  Please refer to the district’s website at https://www.justice.gov/usao-ndia for a complete collection of press releases. 

Violent Crime

During Mr. Deegan’s tenure, the office added two new prosecutors dedicated to violent crime.  In order to prevent future acts of violence, the office prioritized prosecuting dangerous offenders who illegally possessed firearms or ammunition.  In 2020, nearly half of the offenders charged in the district were involved in the illegal use or possession of guns. 

Opioids and Methamphetamine Trafficking

The office also prioritized prosecuting those trafficking in opioids and methamphetamine.  Between 2005 and 2017, the number of opioid related deaths in Iowa more than tripled, peaking in 2017 with 206 opioid deaths in the state.  In response to the growing opioid problem, the office grew its partnership with the Cedar Rapids Police Department to continue the Eastern Iowa Heroin Initiative, funded by the federal Midwest High Intensity Drug Trafficking Area program. The initiative has a three-pronged approach: enforcement, prevention, and treatment.  As a part of the initiative’s enforcement efforts, the U.S. Attorney’s Office prosecuted more than 100 defendants for felony-level opioid charges. Those prosecutions included charges for trafficking in heroin, fentanyl, and related drugs. A number of the prosecutions were for drug distributions that resulted in deaths. This initiative also provided communities across Iowa with drug awareness programs, first-responder trainings, and it highlighted the need for detoxification, treatment and other services. Among those services is increased access to naloxone, also known as Narcan, used to treat opioid overdoses.

Among the many opioid-related cases prosecuted during Mr. Deegan’s tenure was United States v. Samantha Jo Rogers.  Rogers, who was a licensed occupational therapist, used her job to access medical records of thousands of people.  She then used that information to enter and burglarize over a dozen homes in an attempt to steal opioids from elderly patients.  As a result of the prosecution, Rogers was sentenced to federal prison and ordered to surrender her occupational therapy license.

At the same time, recognizing that methamphetamine remained a plague on communities in the district, the office also focused on prosecuting major-source methamphetamine traffickers.  Those prosecutions included United States v. Monee Yodprasit, a drug trafficker in Sioux City, Iowa, who was sentenced to over 32 years in federal prison for receiving and distributing large quantities of methamphetamine while armed.  During the investigation of Yodprasit, law enforcement seized over 20 pounds of methamphetamine, 20 grams of heroin, two pounds of cocaine, and two loaded firearms.

False Claims Act

During United States Attorney Deegan’s term, the office dedicated additional resources to civil enforcement of the False Claims Act.  The office bolstered its affirmative investigatory practice to unmatched levels while becoming a favored environment for Qui Tam lawsuits.  The office resolved numerous Qui Tam lawsuits of national significance, including a multidistrict resolution of $37.5 million with a large durable medical equipment manufacturer.  The office also resolved several highly significant affirmative investigations under the False Claims Act, including settlements or judgments exceeding $1 million with an Iowa surgeon and a regional skilled nursing facility chain.

Elder Justice

The office also focused on protecting the most vulnerable victims in the district, including elderly individuals who are often targeted by fraud.  Fraud targeting the elderly is uniquely unconscionable and harmful because of its potential to deprive elderly people of their dignity and quickly drain their life savings.  The office used every available tool to address the problem and prosecuted dozens of defendants for their roles in defrauding the elderly.  Such prosecutions included United States v. Howard Derby and Patti Derby.  In that case, the Derbys stole hundreds of thousands of dollars from Howard Derby’s elderly mother by using powers of attorney to transfer money from her bank account purportedly to use for her benefit.  Instead, the Derbys spent the money on themselves.  After they had drained her account of money, the victim was no longer able to afford her assisted living facility.  After moving out of the assisted living facility, the victim lost a significant amount of weight, broke her wrist, and was hospitalized.  Both Howard and Patti Derby were sentenced to years in federal prison.

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A man who sexually exploited a child was sentenced today to 25 years in federal prison.

Caleb Durr, age 20, from Hazel Green, Wisconsin, received the sentence after an August 19, 2020 guilty plea to one count of sexual exploitation of a child.  Evidence presented at the plea hearing and the detention hearing established that, in 2019, Durr used an iPhone to produce sexually explicit images of an eight-year-old girl in Dubuque.  Evidence presented at the sentencing hearing established that defendant sexually exploited a second child and possessed child pornography.

Durr was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Durr was sentenced to 300 months’ imprisonment.  A special assessment of $100 was imposed and Durr must also serve a five-year term of supervised release.  He must comply with all sex offender registration and public notification requirements. 

This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Dubuque Police Department, the Waterloo Police Department, and the Iowa Division of Criminal Investigation. 

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. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 20-1010. 

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A man who distributed methamphetamine and was in possession of multiple firearms was sentenced today to more than ten years in federal prison.

Brandon Kirstein, age 33, from Cedar County, Iowa, received the prison term after a June 22, 2020 guilty plea to possession of methamphetamine with intent to distribute.

At the guilty plea, Kirstein admitted he possessed at least 5 grams of pure ice methamphetamine with the intent to distribute some or all of it.  Kirstein possessed multiple guns including a pistol, a handgun, and two shotguns.  At the sentencing hearing, Kirstein also admitted to obstructing justice for attempting to hire an individual to murder a witness in the case against him.  During the sentencing hearing, the judge described Kirstein as going “off the rails.”

Kirstein was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Kirstein was sentenced to 135 months’ imprisonment and fined $100.  He must also serve a four-year term of supervised release after the prison term.  There is no parole in the federal system.  Kirstein 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 Muscatine County Drug Task Force, Cedar County Sherriff’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 20-CR-0017-CJW.

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A man who unlawfully possessed a firearm silencer was sentenced today to more than four years in federal prison. 

Shane Horsfall, age 37, from Dubuque, Iowa, received the prison term after a September 15, 2020 guilty plea to possession of an unregistered silencer. 

In a plea agreement and at sentencing, Horsfall agreed that he possessed at least 17 firearms unlawfully because was a drug user when he possessed them.  He also agreed that he unlawfully purchased at least two of those firearms after having been civilly committed.  Horsfall further agreed that, during the period when he was unlawfully possessing firearms, he sold more than 10 firearms, including to at least two felons and knowing that one of those felons was on parole at the time of the transaction. 

Horsfall was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Horsfall was sentenced to 54 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 is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.      

Horsfall 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 Jake Schunk and investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Dubuque Police Department. 

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

The case file number is 20-CR-1016-CJW.

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A man, illegally in the United States, who conspired to distribute methamphetamine while possessing a firearm was sentenced February 3, 2021, in federal court in Sioux City.

Oscar Pena-Solis, 30, from Mexico, pleaded guilty on September 16, 2020, to conspiracy to distribute methamphetamine; possession with intent to distribute methamphetamine; possession of a firearm in furtherance of a drug trafficking crime; and possession of a firearm by a prohibited person.

At the plea and sentencing hearings, evidence showed that on July 2, 2020, law enforcement conducted a traffic stop of the vehicle Pena-Solis was driving, just south of Sioux City.  At the time of the stop, Pena-Solis did not have a valid driver’s permit and was in the United States illegally.  During an initial search of Pena-Solis, law enforcement seized a user quantity of methamphetamine plus a methamphetamine pipe in Pena-Solis’ pocket.  During a search of the vehicle, law enforcement located a loaded .22 caliber revolver under the driver’s seat.  Law enforcement also seized 11 pounds of methamphetamine, in one-pound packages hidden in the vehicle and in the trailer attached thereto.  Evidence further showed that Pena-Solis, at the request and direction of another co-conspirator in Des Moines, Iowa, travelled to California with a large amount of cash provided to him, obtained the methamphetamine and travelled back to Iowa to distribute the methamphetamine to persons in Sioux City and Des Moines. Pena-Solis was prohibited from the possession of a firearm due to being an unlawful user of methamphetamine as well as his illegal status in the United States.

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Pena-Solis was sentenced to 180 months’ of imprisonment.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.  Pena-Solis remains in custody of the United States Marshal until he can be transported to a federal prison.

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

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.

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

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

The case file number is 20-4061.  Follow us on Twitter @USAO_NDIA.

A man who was illegally in the United States and possessed with intent to distribute methamphetamine was sentenced on January 28, 2021, to 10 years in federal prison.

Emmanuel Nieto-Trenado, age 33, from Mexico and living in Milford, Iowa, received the prison term after a September 17, 2020, guilty plea to one count of illegal re-entry and one count of possession with intent to distribute methamphetamine. 

In a plea agreement, Nieto-Trenado admitted that he is a citizen of Mexico and had been previously removed from the United States to Mexico in 2013.  On October 18, 2019, while law enforcement was executing the arrest warrant for defendant, officers located and ultimately seized over 11 ounces of methamphetamine along with drug paraphernalia, ammunition, and two firearms.

Nieto-Trenado was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Nieto-Trenado was sentenced to 120 months’ imprisonment.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.

Nieto-Trenado 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 Mikala Steenholdt and investigated by the Milford Police Department; the Iowa Division of Narcotics Enforcement; Immigration and Customs Enforcement (ICE) and the Enforcement and Removal Office of the Immigration and Customs Enforcement Bureau.

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

The case file number is 19-CR-4018.

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A man who was a felon and drug user was sentenced January 27, 2021, to more than 8 years in federal prison.

Deko Lomax, age 22, from Osceola, Arkansas, received the prison term after a September 23, 2020 guilty plea to being a felon and drug user in possession of a firearm.  Lomax had been convicted of Residential Theft and Theft of Property each in 2004, Theft of Property in 2007, and Robbery in 2009, among other offense, all in Mississippi County, Arkansas.

Evidence at Lomax’s, change of plea and sentencing hearings revealed on May 7, 2020, law enforcement executed a stop of a vehicle driven by Lomax for an expired registration.  Lomax told the officer he did not have a license.  The officer noticed an odor of marijuana coming from the vehicle.  Lomax admitted to the officer that he had smoked marijuana earlier.  A search of the vehicle was conducted and a handgun and ammunition in the magazine of the firearm was located in the glove box of the vehicle. 

Lomax was transported to the police department and during an interview Lomax stated he found the gun in the vehicle earlier in the day.  He admitted to wiping the bullet off which he had handled.  He admitted to committing previous felonies and stated his fingerprints would probably be on the firearm. While Lomax was being transported to the Law Enforcement Center for detention the officer advised Lomax that it was illegal to take contraband into the jail and that it was a felony if he did so.  At the jail, correction officers located 55 bags of cocaine on Lomax’s person.  The total weight of the 55 bags was 10.9 grams and field tested positive for cocaine.

Lomax was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Lomax was sentenced to 100 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.

Lomax 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.

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.

The case was investigated by the Sioux City, Iowa Police Department and the U.S. 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 20-4057.

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A convicted felon who unlawfully possessed a gun was sentenced January 20, 2021, to more than six years in federal prison.

Levi Bergenske, age 22, from Sioux City, Iowa, received the prison term after an August 26, 2020 guilty plea to one count of possession of a firearm by a felon.  Bergenske was previously convicted of theft 2nd degree and interference with official acts while armed with a dangerous weapon, both in Woodbury County, Iowa.

Evidence at Bergenske’s, change of plea and sentencing hearings revealed on January 17, 2019, law enforcement attempted to execute a stop of a vehicle driven by Bergenske.  At the time he had five outstanding warrants for his arrest in the state of Iowa and was, as subsequent tests confirmed, under the influence of marijuana and methamphetamine.  Bergenske refused to stop his vehicle and a high-speed vehicle pursuit ensued, at times exceeding speeds of 80 miles per hour on Floyd Boulevard and Outer Drive in Sioux City, Iowa.  He failed to stop at a red light, drove off the roadway, and at times, drove into oncoming lanesof traffic.  The Pursuit Intervention Technique (PIT maneuver) was utilized by law enforcement on Hamilton Boulevard, which immobilized Bergenske’s vehicle against a concrete sign.  After Bergenske continued to resist arrest, officers utilized a baton to break the driver’s window, and extricate a still-combative Bergenske. Inside the car two handguns, ammunition, and 9 grams of methamphetamine were located.  A Subsequent  search of Bergenske’s home revealed a third handgun, ammunition, and another 22 grams of methamphetamine.

Bergenske has a significant criminal history. Twice before the instant offense, Bergenske violently resisted store employees’ attempts to stop him from committing a theft. He had illegally possessed a loaded firearm in the past as well.

Bergenske was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Bergenske was sentenced to 78 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.

Bergenske 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.

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: [list partners here]. For more information about Project Guardian, please see /media/1122011/dl?inline.

The case was investigated by the Sioux City, Iowa Police Department and the U.S. 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 19-4026.

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A man who possessed with intent to distribute methamphetamine was sentenced on January 27, 2021, to 10 years in federal prison.

Aaron Louis Bryant, age 32, from Sioux City, Iowa, received the prison term after an October 7, 2020, guilty plea to one count of possession with intent to distribute a controlled substance within 1,000 feet of a protected location.

At the guilty plea, Bryant admitted that on November 15, 2019, during a traffic stop, he got into an altercation with law enforcement.  After law enforcement took defendant into custody, Bryant tossed a baggie of methamphetamine out of his pocket and made the comment “look what they threw on me.” 

The baggie contained 3 smaller bags, each with methamphetamine inside. The three bags contained approximately 62 grams of actual methamphetamine.  The incident happened within 1000 feet of the protected location of Dinosaur Park in Sioux City.

Bryant was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Bryant was sentenced to 120 months’ imprisonment.  He must also serve a 10-year term of supervised release after the prison term.  There is no parole in the federal system.

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

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

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.   The case file number is 20-CR-4015.

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A former high-level manager of a Sioux Center grain cooperative who directed subordinate employees to blend oats into soybeans was sentenced February 2, 2021, to three months in federal prison.

Calvin Diehl, age 60, from Aberdeen, South Dakota, received the prison term after a June 9, 2020 guilty plea to one count of conspiracy to defraud the United States.

In a plea agreement, and at guilty plea and sentencing hearings, Diehl admitted he was the Assistant General Manager at a large, federally licensed grain warehouse that is headquartered in Sioux Center but has satellite locations in the Northern District of Iowa and elsewhere.  In July 2015, Diehl agreed with others to defraud the United States.  The fraud involved blending lower value oats into soybeans and then selling the mixture as soybeans.  During the fraud, the individuals involved also made false statements and executed false certificates to USDA inspectors, layered soybeans on top of oats in both storage bins and trucks to deceive USDA inspectors and customers about the quality and quantity of the grain, and made false entries and adjustments in reports provided to the grain warehouse’s bank.      

In March 2017, one of Diehl’s subordinates instructed a warehouse manager in Worthing, South Dakota, to blend more oats with soybeans.  As a result, approximately 30 truckloads of what were supposed to be soybeans were “spiked” with oats.  After the customer happened to discover the badly “slugged” or “spiked” loads, one of the customer’s managers called Diehl and told him to stop blending oats into soybeans.  The manager warned Diehl that “someone can go to jail for this.”  Diehl feigned surprise, apologized, and falsely promised that the practice would not happen in the future.  However, Diehl continued to blend oats into soybeans (even directing subordinates to remix one of the “slugged” loads) and sell them to the same unwitting customer.  Diehl also instructed the Boyden, Iowa location manager to dump other rejected loads in a bin and send the remainder to another customer who did not monitor its soybean receiving location.

In late March 2017, shortly after the “slugged” loads incident, the USDA conducted a pre-planned inspection of the cooperative.  During the inspection, the cooperative’s Sanborn, Iowa location manager called Diehl and stated that he had oats visible because he was mixing oats with soybeans in open view.  Diehl instructed the Sanborn location manager to cover up the oats by putting soybeans on top of the oats in order to hide the oats from the USDA inspectors.

After learning of the conspiracy, the USDA conducted a search of grain bins at the cooperative’s various locations in Iowa and South Dakota.  Of the estimated 87,996 bushels of grain in the bins at these locations, the bins actually contained only 34,354 bushels of soybeans even though all of these bins had been certified as soybeans.

Diehl was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Diehl was sentenced to three months’ imprisonment and fined $7,500.  He must also serve a one-year term of supervised release after the prison term.  There is no parole in the federal system.

Diehl 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 Attorneys Timothy L. Vavricek and Matthew J. Cole and investigated by the United States Department of Agriculture - Office of Inspector General, and the Federal Bureau of Investigation. 

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

The case file number is 19-CR-4093.

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A woman who conspired to distribute methamphetamine and possessed stolen guns was sentenced January 28, 2021, to more than 4 years in federal prison.

Elizabeth Strang, 28, from Milford, Iowa, received the prison term after a September 17, 2020, guilty plea to possession of stolen firearms and conspiracy to distribute methamphetamine.

Evidence at the hearings showed that Strang stole 10 firearms from her boyfriend and made arrangements to sell the firearms to an individual cooperating with law enforcement.  Strang further admitted that from 2019 through 2020 she and others distributed more than 250 grams of methamphetamine.  On March 5, 2020, Strang was arrested on her federal firearm indictment.  At the time, agents seized over 27 grams of methamphetamine from Strang’s pocket.

Strang was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Strang was sentenced to 53 months’ imprisonment.  She must also serve a 4-year term of supervised release after the prison term.  There is no parole in the federal system.  Strang is being held in the United States Marshal’s custody until she can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by Iowa Division of Narcotics Enforcement, Spencer Police Department, O’Brien County Sheriff’s Office, and Iowa Division of Criminalistics Investigation. 

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

The case file number is 20-4020.  Follow us on Twitter @USAO_NDIA.