Northern District of Iowa

An Oxford man who testified falsely at the federal firearms trial of a Cedar Rapids man in 2019 was sentenced May 8, 2020, to more than two years in federal prison.

Blayze Harding, age 27, from Oxford, Iowa, received the prison term after a January 14, 2020 guilty plea to one count of making a false statement before a federal court.

In a plea agreement, Harding admitted that on May 14, 2019, he testified as a witness in at trial in the case titled United States of America v. Carl McArthur, was placed under oath, and answered some of the questions posed to him falsely.  Harding agreed his false testimony substantially interfered with the administration of justice.

Harding was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Harding was sentenced to 27 months’ imprisonment, which was ordered to be served consecutive to the sentences imposed in the Iowa District Court for Johnson County and Fayette County.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

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

The case was prosecuted by Assistant United States Attorneys Ashley Corkery and Patrick Reinert and was investigated by Cedar Rapids Safe Streets Task Force.  The task force is composed of representatives from the Federal Bureau of Investigation and the Cedar Rapids Police Department.

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 its Project Guardian partners.  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-00131.

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A woman who conspired to distribute methamphetamine while possessing firearms was sentenced May 7, 2020, to 10 years in federal prison.

Traci Guthrie, 41, from Fort Dodge, Iowa, received the prison term after a November 26, 2019, guilty plea to one count of conspiracy to distribute methamphetamine, one count of possession with intent to distribute methamphetamine, and one count of possession of firearms in furtherance of a drug trafficking crime.

At the guilty plea, Guthrie admitted that from January 2019 through April 16, 2019, she and others distributed more than 50 grams of methamphetamine in the Fort Dodge area.  On three separate occasions Guthrie and others in the conspiracy distributed a total of more than 100 grams of pure methamphetamine to an individual cooperating with law enforcement.  During a later search of Guthrie’s residence and vehicle, law enforcement seized four guns (two of which were loaded), methamphetamine, drug paraphernalia, scales, a drug ledger, and other items indicative of drug distribution. Law enforcement later seized two more guns in a consent search.          

Guthrie was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Guthrie was sentenced to 120 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.  Guthrie is being held in the United States Marshal’s custody until she 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: Iowa Division of Narcotics Enforcement, Webster County Drug Task Force, Carroll County, Iowa Sheriff’s Office, and the Iowa Division of Criminalistics Laboratory. 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 investigated by Iowa Division of Narcotics Enforcement, Webster County Drug Task Force, Carroll County, Iowa Sheriff’s Office, and the Iowa Division of Criminalistics Laboratory.   

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

The case file number is 19-3019.  Follow us on Twitter @USAO_NDIA.

A woman who helped a man obtain a fatal quantity of opioids pled guilty on May 7, 2020, in federal court in Cedar Rapids.

Jacqueline Margarett Birch, age 23, from Dubuque, Iowa, was convicted of aiding and abetting the distribution of a controlled substance.

At the plea hearing, Birch admitted that, in May 2019, she knew that another person was going to illegally distribute a drug, and she acted to help that distribution occur.  Evidence at a prior hearing showed that Birch drove her boyfriend Mateusz Syryjczyk and another individual to a residence in Dubuque, Iowa, during the early morning of May 27, 2019.  Birch and the other individual went into the residence, and returned a short time later with purported heroin they had purchased from a dealer inside the residence.  The three then drove to a hotel in Dubuque, where they all used the purported heroin.  The other individual began to overdose in the room.  Birch and Syryjczyk did not immediately call 911, but, over the course of multiple hours, Birch would occasionally perform CPR on the individual to restore some breathing function, though the person never regained consciousness.  Eventually, Birch and Syryjczyk decided they needed to call 911, and Syryjczyk took the remaining drug paraphernalia from the room to prevent law enforcement from finding it.  Birch and Syryjczyk also made false statements to the responding police officers about the cause of the individual’s condition.  That individual was pronounced dead at the scene.  An autopsy later determined the cause of death was use of heroin, fentanyl, and valeryl fentanyl.  Syryjczyk previously pled guilty to misprision of a felony for his role in the incident, and is pending sentencing.

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

The case was investigated by the Dubuque Drug Task Force 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 19-CR-1041-CJW-MAR.

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A convicted felon who illegally possessed a gun was sentenced May 6, 2020, to twenty-one months in federal prison. 

Mitchell Kubik, age 32, from Harpers Ferry, Iowa, received the prison term after a guilty plea to illegally possessing a firearm as a felon.  Statements at sentencing showed that Kubik kept a loaded, uncased rifle on a chair in the family room of a home he shared with three minor children.  At the time, Kubik had a prior felony conviction for forgery.            

Kubik was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Kubik was sentenced to twenty-one 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.

The case was prosecuted by Assistant United States Attorney Jacob Schunk and investigated by the Federal Bureau of Investigation.    

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

The case file number is 19-CR-1040-CJW.

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A man who illegally possessed firearms on multiple occasions was sentenced May 6, 2020, to more than 6 years in federal prison.

Tanner Lowe, age 28, from Moorland, Iowa, received the prison term after a December 10, 2019, guilty plea to possession of firearm by a felon. In September 2018, Lowe was previously convicted of intimidation with a dangerous weapon and dominion/control of firearm/offensive weapon, in the Iowa District Court for Webster County.  This prior conviction prohibits Lowe from legally possessing a gun.

Evidence at the guilty plea and sentencing hearings, showed that on December 12, 2018, during a search warrant of Lowe’s residence, law enforcement officers located and seized a 12-gauge sawed-off shotgun which was later determined to be stolen.  During a separate incident on July 31, 2017, Lowe threatened another individual with a shotgun during a dispute.  Lowe was a user of controlled substances at the time and therefore prohibited from possessing guns.  Law enforcement determined the shotgun had an obliterated serial number.

Lowe was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Lowe was sentenced to 77 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.  Lowe is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Mikala Steenholdt and investigated by the Fort Dodge Police Department, Webster County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

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

The case file number is 19-3016.  Follow us on Twitter @USAO_NDIA.

A man who repeatedly threatened a Cedar Rapids bank, its employees, and other individuals from northern Iowa by telephone and text messages was sentenced today to six years in federal prison.

Carl William Stuber, IV, age 31, from Aurora, Colorado, received the prison term after a November 12, 2019 guilty plea to two counts of transmitting a threatening communication in interstate commerce. 

Information from a plea agreement and at sentencing showed that Stuber called a bank in Cedar Rapids more than forty times over a two-day period in October 2018.  During these calls, Stuber threatened to “Columbine” the bank, kill employees, and make false reports to police and fire departments.  Stuber taunted the bank, noting the bank was powerless to stop him as restraining orders would not work and law enforcement would not extradite him to Iowa.  Finally, Stuber falsely reported a fire at the bank, causing the Cedar Rapids Fire Department to respond to the bank.  Stuber continued to make threatening calls to the bank and threatened others by phone, text, and Facebook message over an eight-month period until his arrest in Colorado in June 2019 on federal charges. 

Stuber was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  In sentencing Stuber to 72 months’ imprisonment and a fine of $7,500, Judge Williams noted that Stuber’s threatening communications caused mental and psychological harm to the bank employees.  Stuber must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

The case was prosecuted by Assistant United States Attorney Kyndra Lundquist and investigated by the Federal Bureau of Investigation Joint Terrorism Task Force. 

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

The case file number is 19-CR-81.

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A man who attempted to entice a minor to engage in illegal sexual activity was sentenced today to ten years in federal prison.

Jason Koontz, age 34, of Clarence, Iowa, received the sentence after a July 18, 2019, guilty plea to one count of attempted enticement of a minor.  At the plea hearing, Koontz admitted that, in July 2017, he attempted to persuade, induce, or entice a person who he believed to be a minor to engage in illegal sexual activity.

Koontz was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Koontz was sentenced to 120 months’ imprisonment.  A special assessment of $100 was imposed, and Koontz 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 Iowa Division of Criminal Investigation, Homeland Security Investigations, the Hiawatha Police Department, and the Marion Police Department. 

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 19-48. 

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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.

Ricardo Penaloza-Pizano, age 28, a citizen of Mexico illegally present in the United States and residing in Waterloo, Iowa, received the prison term after a March 17, 2020, guilty plea to one count of illegal reentry into the United States.

At the guilty plea, Penaloza-Pizano admitted he had previously been deported from the United States in September 2011 and illegally reentered the United States in May 2012 without the permission of the United States government.  In January 2020, Penaloza-Pizano’s illegal presence in the United States came to the attention of immigration agents following his arrest in Black Hawk County, Iowa, on state criminal charges.  An arrest warrant was issued for Penaloza-Pizano in January 2019 after he failed to report to jail to serve his sentence on his March 2018 conviction in Bremer County, Iowa, for operating a motor vehicle while intoxicated and possession of cocaine.

Penaloza-Pizano was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Penaloza-Pizano was sentenced to 92 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.

Penaloza-Pizano 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-2003.

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Zachary Moorhouse, age 37, from Sioux City, Iowa, the final member of a methamphetamine drug trafficking organization that attempted to murder a suspected government witness to protect itself, was sentenced today to a prison term of more than three years in federal prison.  Moorhouse had previously pled guilty to conspiracy to distribute a controlled substance on December 19, 2019.

Evidence presented by the United States at the detention, change of plea, and sentencing hearings in this case revealed that from about January 1, 2018, to about March 6, 2019, Isaac McDonald, Oscar Garcia, Andrew Nissen, Jessica Rose Ott, William David Schoen, and Moorhouse conspired to sell methamphetamine in the Sioux City area within 1,000 feet of a local playground.  At some point, certain members of the drug conspiracy began to suspect another individual was cooperating with the police and providing information regarding their illegal activities.  On the evening of August 1, 2018, Ott got into a car already occupied by Isaac McDonald, Oscar Garcia, and Andrew Nissen, and informed them of the suspected informant’s location.  Nissen, who was armed with a handgun, drove the car to the suspected informant’s location.  McDonald and Garcia, both also armed with handguns, got out of the car and approached the suspected informant. The suspected informant saw the gunmen coming and tried to escape by driving away.  He did not get far.  McDonald began firing.  A bullet he fired passed through the suspected informant’s head.  The suspected informant lost control of his car and crashed into a tree.  Assuming the suspected informant was dead, the gunmen returned to their car and the foursome sped away.

Fortunately, the suspected informant was not killed in the attack.  Despite McDonald having fired multiple rounds, nobody else was injured, including a person hiding in the back seat of the suspected informant’s car.    

Moorhouse was the driver during drug sales and supply runs, invested small amounts of his own money in the conspiracy, and personally distributed methamphetamine to a handful of the conspiracy’s customers.  He was not involved with the violence mounted to protect the organization.  Similarly, while Schoen participated in the drug trafficking conspiracy, and later violently resisted arrest, he did not participate in the shooting of the suspected informant.

“As this case demonstrates, drug trafficking poses a significant threat to the safety of our communities,” said United States Attorney Peter Deegan.  “Our office will hold accountable anyone who uses weapons or threats of violence to distribute drugs.  We commend all of our federal and state law enforcement partners that participated in this investigation.  Through their hard work and dedication, they ensured these violent individuals are off of our streets and have made us all safer.”

Sioux City Police Chief Rex Mueller stated, “This case highlights how effective programs like Project Safe Neighborhood/Project Guardian are at encouraging productive working relationships between local and federal authorities. Working as a team operating off the same playbook creates a seamless flow of intelligence and direction to facilitate iron clad casework. We continue to value the working relationship we enjoy with the United States Attorney’s Office and our local federal law enforcement agencies. The partnerships established for the mutual benefit of positive public safety makes Sioux City a better place to live, and led to countless successful federal prosecutions of dangerous offenders.”     

On October 30, 2019, Andrew Nissen, the getaway driver, was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Nissen was sentenced to 188 months’ imprisonment and was ordered to make restitution to the suspected informant.  He must also serve an 8-year term of supervised release after the prison term.  There is no parole in the federal system.

On December 5, 2019, Jessica Ott, the person who provided the firearm for the shooting and the location of the victim, was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Ott was sentenced to 180 months’ imprisonment and was ordered to make restitution to the suspected informant.  She must also serve an 8-year term of supervised release after the prison term.  There is no parole in the federal system.

On December 11, 2019, McDonald, the shooter, was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  McDonald was sentenced to 300 months’ imprisonment and ordered to make restitution to the suspected informant.  He must also serve an 8-year term of supervised release after the prison term.  There is no parole in the federal system.

On January 3, 2020, Oscar Garcia, the armed wingman/second gunman, was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Garcia was sentenced to 180 months’ imprisonment and ordered to make restitution to the suspected informant.  He must also serve an 8-year term of supervised release after the prison term.  There is no parole in the federal system.

On January 7, 2020, William Schoen, a violent member of the conspiracy, was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Schoen was sentenced to 147 months’ imprisonment.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.

On April 29, 2020, Zachary Moorhouse, a member of the conspiracy, was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Moorhouse was sentenced to 40 months’ imprisonment.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.

This case was brought as part of Project Safe 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 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), the Sioux City, Iowa Police Department, the South Sioux City, Nebraska, Police Department, the United States Marshal’s Service, the Bureau of Alcohol Tobacco and Firearms, and the Woodbury County Attorney’s Office.  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 numbers are 19-4021 and 18-4078.

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Today, Peter E. Deegan, Jr., United States Attorney for the Northern District of Iowa, announced that he will be using all available tools to combat sexual harassment in housing.  The United States Attorney’s Office will target unscrupulous landlords who attempt to take advantage of the pandemic by demanding sexual favors or sexually harassing tenants who, because of the pandemic or for any other reason, are unable to make timely rent payments.

As a result of the measures taken to slow the spread of COVID-19, many Iowans have lost jobs or wages.  Some tenants may be unable to make rent payments.  While many landlords have responded with understanding, there are reports of landlords across the country who have attempted to exploit the crisis by responding to cash-strapped tenants with demands for sex acts or inappropriate sexual favors.  Such conduct is not only despicable and wrong, it is illegal. 

“My office will work with all available partners, including state, local, and tribal officials, to address sexual harassment in housing, especially during this national crisis,” said Peter E. Deegan, Jr., United States Attorney for the Northern District of Iowa.  “We will use every means at our disposal to investigate, prosecute, and hold responsible anyone who sexually harasses tenants or prospective tenants.  Combatting sexual harassment associated with housing has been a priority for the Department of Justice for years and it remains a priority during this unique time in history.  Such conduct cannot be tolerated.” 

To report instances of sexual harassment in housing, individuals with knowledge of wrongdoing can call the Department of Justice’s Sexual Harassment in Housing Initiative at 1-844-380-6178 or email fairhousing@usdoj.gov.  More information is also available at www.justice.gov/crt/sexual-harassment-housing-initiative and www.justice.gov/crt/page/file/1048341/download.

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

Avelino Zacarias-Bail, age 27, a citizen of Guatemala illegally present in the United States and residing in Waterloo, Iowa, received the prison term after a January 9, 2020 guilty plea to one count of illegal reentry into the United States.

At the guilty plea, Zacarias-Bail admitted he had previously been deported from the United States in December 2015 and illegally reentered the United States without the permission of the United States government.  In August 2019, Zacarias-Bail’s illegal presence in the United States came to the attention of immigration agents following his arrest in Black Hawk County, Iowa, on state criminal charges.  Zacarias-Bail was later convicted in December 2019 of child endangerment and domestic abuse assault causing bodily injury.  

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

Zacarias-Bail 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 19-CR-2053.

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A Cedar Rapids man was sentenced today to more than two years in federal prison for unlawfully possessing a loaded revolver.

Charles Dixon Taylor, IV, age 43, from Cedar Rapids, Iowa, received the prison term after an October 31, 2019 guilty plea to one-count of Possession of a Firearm by a Prohibited Person.

At the guilty plea, Taylor admitted that on June 28, 2019, he illegally possessed a loaded revolver while driving his truck.  He was prohibited from possessing firearms because he had been previously convicted of multiple felonies, including possession of a simulated controlled substance with the intent to deliver, marijuana distribution, possession of a controlled substance, and second-degree assault by drugging a victim.  He was also prohibited because he was a user of methamphetamine and marijuana. 

Statements at sentencing showed that a week after he was arrested for illegally possessing the loaded revolver, Taylor assaulted his live-in girlfriend by repeatedly punching her in the face, causing her to fall to the ground.  Taylor then continued to punch the victim while she was on the ground, causing bruising and swelling to her face. 

Taylor was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Taylor was sentenced to 33 months’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

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.

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

The case was prosecuted by Special Assistant United States Attorney Dillan Edwards and investigated by the Cedar Rapids Police Department. 

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

The case file number is 19-CR-101.

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The United States Attorney's Office for the Northern District of Iowa and the Internal Revenue Service-Criminal Investigations (IRS-CI), St. Louis Field Office, are warning taxpayers to be on the lookout for scam artists trying to use the COVID-19 economic impact payments as cover for schemes to steal personal information and money. 

Peter Deegan, U.S. Attorney for the Northern District of Iowa, and Karl Stiften, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), St. Louis Field Office, made the announcement today in an effort to prevent taxpayers from falling victim to criminals using the recently approved economic impact payments as an opportunity to commit a crime.

Automatic COVID-19 economic impact payments started being deposited into taxpayers’ accounts on April 11. For most Americans, this will be a direct deposit into your bank account. For the unbanked, retirees or other groups who have traditionally received tax refunds via paper check, they will receive their economic impact payment in this manner as well. Scammers may try to get you to sign over your check to them or use this as an opportunity to get you to “verify” your filing information in order to receive your money, and then use your personal information at a later date to file false tax returns in an identity theft scheme. Because of this, everyone receiving a COVID-19 related economic impact payment from the government is at risk.

Karl Stiften, Special Agent in Charge of the IRS-CI St. Louis Field Office warned “The existence of a deadly national pandemic will not stop criminals seeking to capitalize on the fears and difficulties faced by the public as they try to line their own pockets by stealing your money or your personal information.”

Special Agent in Charge Stiften offers the following information and tips to spot a scam and understand how the COVID-19 related economic impact payments will be issued.

• The IRS will deposit your check into the direct deposit account you previously provided on your tax return (or, in the alternative, send you a paper check).
• The IRS will not call and ask you to verify your payment details. Do not give out your bank account or any other account information - even if someone claims it's necessary to get your check. It's a scam. 
• If you receive a call, don't engage with scammers or thieves, even if you want to tell them that you know it's a scam, or you think that you can beat them. Just hang up.
• If you receive texts or emails claiming that you can get your money faster by sending personal information or clicking on links, delete them. Don't click on any links in those emails or texts.
• Reports are also swirling about bogus checks.  If you receive a check that requires that you verify the check online or by calling a number, it’s a fraud.

In these uncertain and trying times, we need to stand together united with purpose.  Don’t become a victim by allowing criminals to exploit your emotions. Stay strong, tell your family, friends and neighbors about these scams. 

“We remain committed to protecting our communities from fraud during this pandemic,” said United States Attorney Peter Deegan.  “As we commemorate National Crime Victims Week, it is important for everyone to remain vigilant and prevent these crimes from occurring.  Protect yourself and your loved ones, especially the most vulnerable among us, by reporting any suspected fraud related to COVID-19 or economic impact payments to the IRS or the National Center for Disaster Fraud Hotline at 866-720-5721 or via email at disaster@leo.gov.”

“IRS Criminal Investigation alongside the U.S. Department of Justice are prioritizing these types of investigations to help protect taxpayers and the tax system, especially those looking to prey on vulnerable taxpayers,” said Special Agent in Charge Stiften.  “Remember, go directly and solely to IRS.gov for official information.”

For more information, visit the IRS website at www.irs.gov/coronavirus.  You can always report scams to the IRS on the website at https://www.irs.gov/privacy-disclosure/report-phishing.

A Romanian man who used more than fifty counterfeit debit or credit cards containing “skimmed” account information at an ATM in Hiawatha, Iowa, was sentenced on April 21, 2020, to more than three years in federal prison.

Romica Martuica, age 21, from Romania, received the prison term after a November 5, 2019 guilty plea to illegal transactions with an access device and aggravated identity theft.

Information in a plea agreement and at sentencing showed that Martuica entered the United States illegally in 2016.  On February 16, 2019, Hiawatha police officers arrested him at an ATM.  At the time of his arrest, Martuica and two individuals with him had more than ninety counterfeit cards in their possession.  These cards contained account information that had been acquired by card “skimmers,” which are devices placed on ATMs or other point-of-sale machines to capture credit or debit card information.  Martuica made or attempted over seventy transactions at the ATM using these cards and successfully withdrew $8,685 before the police arrived.

Martuica was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Martuica was sentenced to 42 months’ imprisonment.  He was ordered to make $8,685 in restitution to victims of the offense.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Martuica 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 Kyndra Lundquist and investigated by Homeland Security Investigations and the Hiawatha Police Department. 

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

The case file number is 19-cr-62.

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

Alvaro Ortiz-Camarillo, age 23, a citizen of Mexico illegally present in the United States and residing in Postville, Iowa, received the prison term after a February 6, 2020, guilty plea to one count of illegal reentry into the United States.

At the guilty plea, Ortiz-Camarillo admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government.  Ortiz-Camarillo was deported on January 14, 2019, following a conviction in the Southern District of Texas for illegal entry, a misdemeanor.  Ortiz-Camarillo most recently came to the attention of immigration agents on December 28, 2019, following his arrest in Allamakee County, Iowa, for disorderly conduct and public intoxication.  This case was dismissed after his federal indictment.

Ortiz-Camarillo was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Ortiz-Camarillo was sentenced to 104 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.

Ortiz-Camarillo 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-1001.

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A man who used a false identification document and someone else’s name and social security number was sentenced today to three months in federal prison.

Esgar Ramos-Lopez, age 27, a citizen of Guatemala illegally present in the United States and residing in Tama, Iowa, received the prison term after a February 5, 2020, guilty plea to one count of unlawful use of an identification document and one count of misuse of a social security number.

At the guilty plea, Ramos-Lopez admitted he used a fraudulent Social Security card when he completed employment and tax forms using someone else’s name and Social Security Number in January 2019 at a business in Tama, Iowa.  When arrested at his place of employment in January 2020, Ramos-Lopez initially used the alias name with immigration agents and falsely claimed to be a United States citizen.

Ramos-Lopez was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Ramos-Lopez was sentenced to 90 days’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Ramos-Lopez 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-08.

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A man who illegally possessed a gun while a methamphetamine user was sentenced April 21, 2020, to fifteen months in federal prison. 

Darien Henkel, age 23, from Dubuque, Iowa, received the prison term after a guilty plea to illegally possessing a firearm as a drug user.  Statements at sentencing showed that authorities arrested Henkel the same day Henkel stole a gun from a family member.  The gun was in Henkel’s pants when he was arrested.  Henkel also admitted to regular methamphetamine use.          

Henkel was sentenced in Cedar Rapids by United States District Court Chief Judge C.J. Williams.  Henkel was sentenced to fifteen 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.

The case was prosecuted by Assistant United States Attorney Jacob 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 19-CR-1034-CJW.

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CEDAR RAPIDS, IA       – The Department of Justice’s Office for Victims of Crime (“OVC”) and the United States Attorney Offices for the Northern and Southern Districts of Iowa will join communities nationwide in observing National Crime Victims’ Rights Week and celebrating victims’ rights, protections and services. This year’s observance takes place April 19-25 and features the theme, “Seek Justice| Ensure Victims' Rights | Inspire Hope.”

“Every year, millions of Americans suffer the shock and trauma of criminal victimization, affecting their well-being and sense of security and dignity,” said Attorney General William P. Barr.  “To these victims, we affirm our unwavering commitment to supporting them in their hour of need.  We also commend the thousands of victim advocates and public safety professionals who labor tirelessly to secure victims’ rights and support survivors.”

“While we have made tremendous progress driving down crime and violence across the country, far too many Americans continue to suffer the pain and loss of criminal victimization,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General of the Office of Justice Programs, which oversees OVC. “This week, we stand by these survivors and their families, and we pledge our ongoing support to the countless men and women who serve them with such extraordinary skill and compassion.”

In Iowa, United States Attorneys Peter Deegan and Marc Krickbaum announced winners for two awards based on their service to victims in Iowa.  In the Northern District of Iowa, the following two awards were announced:

• The Law Enforcement Victim Services Award is presented to Investigator Matthew Denlinger from the Cedar Rapids Police Department.  This award is presented to law enforcement officers in Iowa who go beyond the call of duty to help crime victims.  It is the highest federal honor in Iowa for victim services by a law enforcement officer.  Investigator Denlinger showed dedication to victims while investigating the 1979 murder of Michelle Martinko.  In addition to completing an exhaustive investigation, Investigator Denlinger showed great compassion for the victim’s family, ensuring they never lost hope that the guilty party would be brought to justice.  Investigator Denlinger’s thorough investigation and his conscientious dedication to the victim resulted in the 1st Degree Murder conviction of Jerry Burns.
   
• The Award for Excellence in Victim Services is presented to Anastasia Basquin, Nick Maybanks, and Michael Harris from the Linn County Attorney’s Office.  This team showed great compassion to Michelle Martinko’s family during the 1st Degree Murder prosecution of her killer, Jerry Burns.  Not only did they thoroughly prepare a convincing case to ensure that a murderer was brought to justice, they thought about the victim and her family every step of the way.  Because of their dedication, compassion, and hard work, a murderer will spend the rest of his life in prison.

“After so many years, Investigator Denlinger and the team at the Linn County Attorney’s Office brought a measure of justice to Michelle Martinko and her family,” said United States Attorney Deegan.  “In doing so, they demonstrated they are true public servants and steadfast champions for victims of violent crime.”

In the Southern District of Iowa, the following two awards were announced:

• The Law Enforcement Victim Services Award is presented to Special Agent Jason Pessman with the Bureau of Alcohol, Tobacco and Firearms (ATF) in Davenport, Iowa; and the Iowa City Human Trafficking Force consisting of: Detective David Gonzales, Iowa City Police Department; Detective Mike Smithy, Iowa City Police Department; Detective Andy Rich, Iowa City Police Department; Detective Jennifer Clarahan, Iowa City Police Department; Special Agent Jagat Sandu, Iowa Division of Criminal Investigation; Detective Hanna Dvorak, Coralville Police Department; and Sergeant Katrina Rudish, Johnson County Sheriff’s Office.
   
  Special Agent Pessman demonstrated extraordinary dedication to victims though his work on the Chad Eric Mink case in the Southern District of Iowa. Special Agent Pessman investigated Mink for over three years, resulting in a 600 month sentence for Mink, who was convicted of interstate domestic violence, stalking, explosives, and witness tampering offenses following a two week jury trial. Special Agent Pessman exemplified professionalism, compassion, understanding and respectfulness in working with the victim and her family through the investigation and subsequent prosecution.
   
  The Iowa City Human Trafficking Task Force worked tirelessly to serve and protect victims, including child victims, of human trafficking, resulting in the successful prosecution of Kendall Streb, along with five other defendants, for sex trafficking and related offenses in the Southern District of Iowa. The entire team worked together to develop relationships with reluctant victims, putting in endless hours to connect the victims with needed services, such as counseling, legal services, and financial assistance for school supplies and utilities. The compassion for and dedication to the victims in this case was extraordinary.
   
• The award for Excellence in Victim Services is awarded to Roberta Cruz, Victim/Witness Liaison at the Polk County Attorney’s Office.
   
  Ms. Cruz has, for the past eight years, served victims of Polk County in an exemplary manner. She works primarily with victims of domestic abuse, however, as she is fluent in English and Spanish, she assists in communicating with Spanish speaking victims and witnesses. She serves as a voice for victims, explaining the criminal justice system and providing valuable resources to struggling victims of crime. Recently, Ms. Cruz, upon learning that an arson victim had lost all her belongings, collected gently used clothing in the victim’s size for her to begin to rebuild her life. Ms. Cruz works tirelessly to provide each victim with the support he or she needs throughout the criminal justice process. 

“These awards recognized three exceptional recipients in the Southern District of Iowa. First, the Iowa City Human Trafficking Task Force is an amazing group,” said United States Attorney Krickbaum. “They recognized the scourge of human trafficking in their community, pooled resources from multiple local and state agencies, and collectively built the largest human trafficking investigation and prosecution ever in Iowa. Second, Special Agent Pessman brought justice to a violent stalker who terrorized a woman in Eastern Iowa for years. Agent Pessman investigated the defendant’s crime relentlessly, and showed the victim great compassion, renewing her faith in law enforcement. Finally, every day, and in very challenging circumstances, Roberta Cruz assists crime victims at the Polk County Attorney’s Office, particularly victims of domestic violence. She does so with patience, generosity, and humanity. All of these recipients have distinguished themselves by reaching out to help victims who others have previously ignored. We thank them sincerely.”

Ronald Reagan proclaimed the first Victims’ Rights Week in 1981, putting crime victims' rights, needs and concerns in a prominent spot on the American agenda. He also established the President's Task Force on Victims of Crime, which laid the groundwork for a national network of services and legal safeguards for crime victims. President Trump and his administration have implemented historic levels of support for victim assistance and victim compensation.

Some 3.3 million Americans age 12 and older were victims of violent crime in 2018, according to the National Crime Victimization Survey. The Office for Victims of Crime, part of the Justice Department’s Office of Justice Programs, supports more than 7,000 local victim assistance programs and victim compensation programs in every state and U.S. territory. Funds for these programs come from the Crime Victims Fund, which is made up of federal criminal fines, penalties and bond forfeitures.

During National Crime Victims’ Rights Week, victim advocacy organizations, community groups and state, local and tribal agencies traditionally host rallies, candlelight vigils and other events to raise awareness of victims’ rights and services. This year, many communities are organizing virtual gatherings and online public awareness campaigns.

This year’s commemoration began yesterday, 25 years to the day when a truck bomb exploded in front of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma, taking the lives of 168 people, including 19 children, as well as injuring hundreds of others.  The mass murder remains the worst act of domestic terrorism in our nation’s history and led to the establishment of the Antiterrorism Emergency Reserve, which is administered by OVC, and has been used to provide direct services to hundreds of victims of mass violence and terrorism.

“Crime victims deserve to know that they have the encouragement and support of the American people,” said OVC Director Jessica E. Hart. “I hope that citizens throughout the nation will take the opportunity this week to remember all victims of crime and their heroic stories of survival. I encourage everyone to also find meaningful ways to express their appreciation to the many committed and compassionate service providers across the country who work tirelessly supporting these survivors.”

This year, the annual National Crime Victims’ Service Awards Ceremony will be postponed until a time when we can honor this year’s award recipients in person.  During the ceremony, OVC will present awards recognizing individuals and organizations from across the nation for their outstanding service on behalf of crime victims.  The awardees will be selected from public nominations in 11 categories, including federal service, special courage, public policy, and victim services.  Visit www.ovc.gov/gallery to learn more about past recipients.

For more information on how to create your own public campaigns to raise awareness about crime victims’ rights online and at events throughout the year, please visit: https://ovc.ncjrs.gov/ncvrw2020/overview.html

An illegal user of controlled substances who unlawfully possessed a handgun was sentenced today to over two years in federal prison.

Corey Dunn, Jr., age 20, from Waterloo, Iowa, received the prison term after an October 29, 2019, guilty plea to being an unlawful user of controlled substances in possession of a firearm.

Information in a plea agreement and at sentencing showed that on June 6, 2019, Dunn was a passenger in a car that was stopped by the Waterloo Police Department.  During the traffic stop, officers found a loaded .38 caliber revolver and over 70 grams of marijuana near where Dunn was sitting in the car.  In a plea agreement, Dunn admitted he unlawfully possessed the gun as a marijuana user.  He also admitted he planned to distribute the marijuana and that he possessed the gun in connection with his drug trafficking.

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

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.

Dunn 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 Anthony Morfitt 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 19-cr-2056.

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A man who distributed crack cocaine while on parole was sentenced on April 17, 2020, to more than four years in federal prison.

Kelshawn Markell Marshall, age 31, from Dubuque, Iowa, received the prison term after a November 4, 2019 guilty plea to one count of distribution of a controlled substance near a protected location. 

In a plea agreement, Marshall admitted he sold crack cocaine on four different occasions, all of which occurred near Loras College in Dubuque, Iowa.  Law enforcement then searched Marshall’s home.  Officers found more crack cocaine during the search. 

Marshall was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Marshall was sentenced to fifty-six 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.

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

The case was prosecuted by Special Assistant United States Attorney Dillan Edwards and investigated by the Dubuque Drug Task Force. 

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

The case file number is 19-CR-1032.

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A woman who escaped from federal custody was sentenced on April 15, 2020, to more than four months in federal prison. 

Aleania Clendineng, age 35, from Cedar Rapids, Iowa, received the prison term after a February 13, 2020 guilty plea to one count of escape from custody.

At the guilty plea, Clendening admitted she escaped from federal custody by intentionally failing to arrive at a residential reentry center in Cedar Rapids, Iowa.  On July 25, 2015, Clendening was sentenced to 60 months’ imprisonment for conspiracy to manufacture methamphetamine.  On September 3, 2019, she was ordered to travel from a federal prison in Aliceville, Alabama, to the residential reentry center in Cedar Rapids, but never showed up at the center.  A month later, Clendineng was arrested in Davenport, Iowa. 

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

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

The case was prosecuted by Special Assistant United States Attorney Dillan Edwards and investigated by the United States Marshals Service. 

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

The case file number is 19-CR-111.

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A woman who conspired to rob an individual of drugs and drug proceeds pled guilty today in federal court in Cedar Rapids.

Danielle Busch, age 30, from Cedar Rapids, Iowa, was convicted of conspiracy to commit robbery affecting interstate commerce and using, carrying, brandishing, and discharging a firearm during and in relation to a crime of violence resulting in murder.

At the plea hearing, Busch admitted that in May 2014 she conspired with others to commit a robbery affecting interstate commerce.  She further admitted that during the robbery, one of her co-conspirators used, carried, brandished, and discharged a firearm during and in relation to the robbery.  As a result of the use of the firearm, another individual was killed.  Busch admitted that the discharge of the firearm was within the scope of the robbery conspiracy, and was reasonably foreseeable as a necessary or natural consequence of the conspiracy.

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Busch remains in custody of the United States Marshal and will remain in custody pending sentencing.  Busch faces a mandatory minimum sentence of ten years’ imprisonment and a possible maximum sentence of life imprisonment, a $500,000 fine, and up to eight years’ of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorneys Lisa C. Williams and Richard L. Murphy and was investigated by the Marion Police Department, the Iowa Department of Criminal Investigation, the Drug Enforcement Administration, the Federal Bureau of Investigation, the Cedar Rapids Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Davenport Police Department, the Iowa Division of Narcotics Enforcement, the Benton County Sheriff’s Office, and the Cedar County Sheriff’s Office. 

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

The case file number is 19-CR-0053.

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A man who repeatedly raped a thirteen-year-old victim was sentenced today to ten years in federal prison.

Damon Whitebreast, age 22, from Montour, Iowa, received the prison term after a November 4, 2019 guilty plea to two counts of sex abuse of a minor.

Evidence during the case established that on at least two occasions Whitebreast had sexual intercourse with a thirteen-year-old child.  When police came to look for the child at his residence, Whitebreast hid the child from officers.  After pleading guilty, and while housed at the Linn County jail, Whitebreast assaulted another inmate causing injuries and bruising. 

Whitebreast was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Whitebreast was sentenced to 120 months’ imprisonment and fined $30,000.  He must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.

During the sentencing, Judge Williams found that this was a “crime of violence that caused incalculable harm to a thirteen-year old” victim.

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

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

The case file number is 19-CR-0068.

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A felon who ran from the scene of a traffic stop leaving behind a loaded pistol with an attached high capacity extended magazine was sentenced today to more than five years in federal prison.

Prequondis Lequay Holmes, age 29 from Waterloo, Iowa, received the prison term after a December 2, 2019 guilty plea to possession of a firearm by a felon.   

In August 2018, Holmes was traveling in a vehicle when it was stopped by the police.  Holmes told the driver to take-off and then ran away, leaving a pistol with an attached high capacity extended magazine in the vehicle.  Law enforcement found Holmes’ DNA on the pistol.  Holmes has previous convictions for intimidation with a dangerous weapon, reckless use of a firearm, assault causing bodily injury, eluding, and flight to avoid prosecution.

Holmes was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Holmes was sentenced to 70 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 our Project Guardian partners. For more information about Project Guardian, please see /media/1122011/dl?inline.

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

The case was prosecuted by Assistant United States Attorney Emily K. Nydle and investigated by 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 19-CR-2054.

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A man who failed to register as a sex offender was sentenced on April 8, 2020, to 15 months’ in federal prison.

Ulises Alvarado, age 53, from Sioux City, received the prison term after a January 16, 2020, guilty plea to one count of failure to register as a sex offender.  

At the guilty plea, Alvarado admitted that from November 19, 2018, through March 6, 2019, he knowingly failed to register or update his registration as required by the Sex Offender Registration and Notification Act in the Northern District of Iowa.  Alvarado is required to register as a sex offender due to a December 10, 1998, conviction for unlawful sexual contact in the third degree in the State of Delaware.  The investigation showed from November 19, 2018, through December 15, 2018, he worked and resided in Storm Lake; and from December 18, 2018, through March 6, 2019, he worked and resided in Sioux City.  Law enforcement found that the State of Iowa Sex Offender Registry contained no record of Alvarado registering as a sex offender in Iowa prior to March 6, 2019.

Alvarado was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Alvarado was sentenced to 15 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.

Alvarado 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 Kevin C. Fletcher and investigated by the United States Marshals Service. 

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

The case file number is 19-CR-04059.

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A man on federal supervised release following his 2012 conviction for receipt of child pornography had his release revoked, and was sentenced to 15 months in federal prison.

Daniel Lindgren, age 33, from Schaller, Iowa, received the prison term after an April 9, 2020, revocation hearing. Lindgren was originally sentenced to 66 months’ imprisonment for his 2012 conviction, and was released from prison in March of 2016.

At the revocation hearing, Lindgren admitted having contact with a child under the age of 18, and failing to be truthful with his federal probation officer. At the hearing it was revealed that Lindgren, from September of 2019 through March of 2020, engaged in nearly daily text and voice communications with a minor. The minor was 15 years old when the communications began. Lindgren also met with the minor at a Denison restaurant during the same period.             

Lindgren was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Lindgren was sentenced to 15 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.

“This case shows how important it is for child pornography offenders to be closely watched when they get out of prison,” said U.S. Attorney Peter Deegan.  “I commend the United States Probation Office for doing an excellent job tracking Lindgren’s communications, and holding him accountable for his actions.”           

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

The case was prosecuted by Assistant United States Attorney Timothy Duax and investigated by the United States Probation Office for the Northern District of Iowa.

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

The case file number is 11-CR-4076.

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Three men who assaulted two other men in February 2020 were sentenced on April 6, 2020, to two years apiece in federal prison.

Lashaun Perry, age 43, Maurice Bivens, age 40, both of Cedar Rapids, Iowa, and Montrivel Woods, age 42, from Ely, Iowa, received the prison terms on April 6, 2020, after an evidentiary hearing held on February 25, 2020.

Evidence at the hearing showed that in the early morning hours of February 2, 2020, Perry, Bivens, and Woods got into an altercation with some other men outside The Lumberyard, a strip club in Cedar Rapids.  The altercation was broken up and the other men drove from the scene to a nearby parking lot.  There, one of the men got out of their car and retrieved a propane tank from a gas grill in the parking lot.  That individual took the propane tank to the street where the car in which Perry, Bivens, Woods, and Brian Turner was driving by.  Surveillance video showed the man running back into the parking lot without the propane tank, followed shortly by Bivens, Turner, Woods, and Perry.  A brawl then ensued with Bivens, Woods, Perry, and Turner fighting the man who took the propane tank and another man.  During the melee, one of the other men was knocked to the ground, at which time Perry stomped and kicked his head while Bivens was holding him.  Perry, Bivens, and Woods then pursued the other man to a corner of the parking lot, where Perry punched him twice in the head, knocking him unconscious.  That man suffered a concussion and significant bleeding from the back of his head. 

After the man was unconscious on the ground, Bivens approached the man, took his cell phone from his pocket, and smashed it on the ground.  Woods and Turner then approached the man and took his cash, cigarettes, and shoes.

At the time of the fight, Perry, Woods, and Bivens were all on supervised release for prior federal convictions.  Woods was convicted in 2007 of conspiring to distribute crack cocaine.  Bivens was convicted in 2008 of possession with intent to distribute crack cocaine.  Perry was convicted in 2013 of being a felon in possession of a firearm.

Perry, Bivens, and Woods were sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Each man was sentenced to 24 months’ imprisonment.  There is no parole in the federal system.  Each man is being held in the United States Marshal’s custody until he can be transported to a federal prison.

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

The case file number for Bivens is 07-CR-00095-LRR.  The case file number for Woods is 06-CR-00141-LRR.  The case file number for Perry is 12-CR-00050-LRR.

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An Alabama man who sold heroin and fentanyl in Iowa was sentenced today to eight months in prison.

Torrance Brown, age 27, from Tuscaloosa, Alabama, received the prison sentence after a November 12, 2019 guilty plea to distribution of a controlled substance.

Information disclosed at sentencing and in a plea agreement showed that in July and August 2019, Brown sold a substance containing heroin and fentanyl on two occasions in Cedar Rapids, Iowa.  In total, Brown sold 1.54 grams of heroin in exchange for a total of $440.  Cedar Rapids police officers attempted to arrest Brown in August 2019.  However, Brown would not get out of his car or follow commands and a K-9 unit was required to get Brown out of his car. 

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

The case was prosecuted by Assistant United States Attorney Ashley Corkery and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration, the Iowa Division of Narcotics Enforcement, Cedar Rapids Police Department, and the Linn County Sheriff’s Office. Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 19-CR-94.                                  

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A Dubuque man who unlawfully possessed a loaded gun while a drug user was sentenced today to five years in prison.

Anthony Vincenzo Smith, age 27, from Dubuque, Iowa, received the prison sentence after an October 15, 2019 guilty plea to possession of a firearm by a drug user.

Information disclosed at sentencing and in a plea agreement showed that on May 19, 2019, Dubuque police officers were dispatched to a residence to investigate an assault.  Officers spoke with a woman who Smith had punched in the head several times.  The woman told officers that Smith had guns and drugs with him.  Officers located Smith at a nearby hotel.  They searched Smith’s hotel room and found a digital scale, a loaded magazine containing seven rounds of ammunition, a loaded Taurus PT709 handgun, $815 in United States currency, and 25.88 grams of cocaine.  The gun had previously been reported stolen.  Smith was under the influence of marijuana and cocaine at the time.  He also admitted that he intended to distribute some of the cocaine in his possession.  Smith has a prior felony drug conviction from 2014.  

Smith was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Smith 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.

The case was prosecuted by Assistant United States Attorney Ashley Corkery and investigated by the Dubuque Drug Task Force, the Federal Bureau of Investigations, 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. The United States Attorney’s Office has prosecuted this case with support from its Project Guardian partners.  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-1030.                                  

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A Cedar Rapids man who worked with others to bring drugs from California to Iowa was sentenced today to more than eleven years in federal prison.

Kasey Charles Konzem, age 43, from Cedar Rapids, Iowa, received the prison term after a July 15, 2019, guilty plea to conspiracy to distribute methamphetamine.

In a plea agreement, Konzem admitted going to California with another individual who brought pounds of methamphetamine back to Iowa.  Konzem also admitted sending money transfers to facilitate the drug trafficking.  Konzem’s criminal history includes a 2002 conviction for inflicting corporal injury upon a spouse or cohabitant, battery, burglary, and multiple theft offenses.  Konzem has previously been convicted for drug offenses in California and Iowa. 

Konzem was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Konzem was sentenced to 140 months’ imprisonment. He must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.

Konzem 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 Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; and the Iowa Division of Narcotics Enforcement. 

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

The case file number is 19-CR-0023.

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CEDAR RAPIDS, IOWA – The Department of Justice today announced that it is making $850 million available to help public safety agencies respond to the challenges posed by the outbreak of COVID-19. The Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump, will allow eligible state, local and tribal governments to apply immediately for these critical funds. The department is moving quickly to make awards, with the goal of having funds available for drawdown within days of the award.

“Iowa’s public safety officials have always answered the call to protect our communities in times of crisis, and the COVID-19 outbreak is no different.  These brave men and women deserve every ounce of support we can give them,” said United States Attorney Peter E. Deegan, Jr. “We are hopeful these funds can quickly be put to use to help those who are putting their health and safety on the line to protect us all during this unique and hazardous time.”

“This is an unprecedented moment in our nation’s history and an especially dangerous one for our front-line law enforcement officers, corrections officials, and public safety professionals,” said Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan. “We are grateful to the Congress for making these resources available and for the show of support this program represents.”

The solicitation, posted by the Bureau of Justice Assistance in the Justice Department’s Office of Justice Programs (OJP), will remain open for at least 60 days and be extended as necessary. OJP will fund successful applicants as a top priority on a rolling basis as applications are received. Funds may be used to hire personnel, pay overtime costs, cover protective equipment and supplies, address correctional inmates’ medical needs and defray expenses related to the distribution of resources to hard-hit areas, among other activities. Grant funds may be applied retroactively to Jan. 20, 2020, subject to federal supplanting rules.

Agencies that were eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for this emergency funding. A complete list of eligible jurisdictions and their allocations can be found at https://bja.ojp.gov/program/fy20-cesf-allocations.

For more information about the Coronavirus Emergency Supplemental Funding program, please visit https://bja.ojp.gov/funding/opportunities/bja-2020-18553. For more information about the Office of Justice Programs, please visit https://www.ojp.gov/.

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years

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A man from Sioux City, Iowa was sentenced April 1, 2020 to more than two years in federal prison.

Hector Andrade, age 21, from Sioux City, Iowa received the prison term after pleading guilty to possession of a firearm by a drug user.

Evidence at his change of plea and sentencing hearings revealed Andrade was not only an unlawful user of marijuana but a distributor of marijuana too.  During a search of Andrade’s residence a 12 gauge shotgun and ammunition, which Andrade possessed in connection with his drug trafficking, were found in his room along with glass pipes, packaging materials, a scale, U.S. currency, large amounts of marijuana, and a suitcase containing various THC products.  A month later, Andrade was again discovered dealing marijuana.   

Andrade was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Andrade was sentenced to 30 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.

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.

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

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 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 19-4037.

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A man who conspired to distribute methamphetamine was sentenced March 31, 2020, to 15 years in federal prison.

Jose Carlos Ramirez-Martinez, age 31, from Denison, Iowa, received the prison term after a December 6, 2019, jury verdict finding him guilty of conspiracy to distribute methamphetamine.

Evidence at trial showed that Ramirez-Martinez was involved in a conspiracy that distributed more than 50 grams of actual/pure methamphetamine from October 2015 through September 2016, from the Denison, Iowa, area.  Ramirez-Martinez would have co-conspirators travel from Denison to Worthington, Minnesota to deliver half pounds of methamphetamine for subsequent sale in Iowa, Minnesota and South Dakota. Those co-conspirators would then return with the money.

Ramirez-Martinez was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Ramirez-Martinez was sentenced to 180 months’ imprisonment.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system. Ramirez-Martinez 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 the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration; Iowa Department of Narcotics Enforcement; Minnesota Bureau of Criminal Apprehension; South Dakota Division of Criminal Investigation; Buffalo Ridge Task Force (Worthington/ Nobles County, Minnesota); and the Internal Revenue Service.   

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

The case file number is 17-4025.  Follow us on Twitter @USAO_NDIA.

The manager of a large-scale marijuana trafficking operation who brought marijuana into Iowa for resale for a decade was sentenced today to more than seven years in federal prison.

Andrew Shaw, age 31, from Cedar Rapids, Iowa, received the prison term after previously pleading guilty to conspiracy to distribute marijuana and being a drug user in possession of firearms.

Information at sentencing showed that Shaw started trafficking marijuana in 2010.  In 2017, Shaw started focusing his marijuana trafficking business on making and selling marijuana edibles and THC cartridges.  In March 2019, multiple law enforcement agencies searched various properties Shaw owned in Cedar Rapids.  In a commercial building on the southwest side of Cedar Rapids, law enforcement found large amounts of materials used to make marijuana gummies, a form of marijuana edible.  They also found large amounts of THC cartridges, which contain an oil made from marijuana that can be used in vape pens.  During a search of Shaw’s house, officers two firearms in close proximity to drug paraphernalia.  Shaw was also a drug user and admitted he unlawfully possessed these guns.  The court sentenced Shaw for distributing over 100 kilograms of marijuana.  The court also described Shaw as a manager or supervisor in a drug trafficking operation that involved five or more people.    

At sentencing, Shaw was also held responsible for making a credible threat of violence as part of his drug trafficking.  Shaw made threats against a man who was interfering with his drug trafficking operation.  Shaw told other people that he wanted this man “beat up,” “tuned up,” or assaulted. Two other men who previously sold marijuana they purchased from Shaw eventually confronted this man.  During the confrontation, the man was stabbed multiple times and died from his wounds.

Shaw was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Shaw was sentenced to 94 months’ imprisonment.  He must also serve a four-year term of supervised release after the prison term.  There is no parole in the federal system.

Shaw 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 Anthony Morfitt and investigated by the Drug Enforcement Administration, the Linn County Sheriff’s Office, the Cedar Rapids Police Department, the Marion Police Department, the Iowa Division of Narcotics Enforcement, and the Federal Bureau of Investigation. 

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

The case file number is 19-cr-46.

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A man who used another person’s Social Security number to get a job and for tax purposes was sentenced today to almost three months in federal prison.

Martin Ordonez-Ortiz, age 48, a citizen of Guatemala illegally present in the United States and residing in Dubuque, Iowa, received the prison term after a February 4, 2020, guilty plea to one count of misuse of a social security number.

In a plea agreement, Ordonez-Ortiz admitted that on June 14, 2019, he used someone else’s social security number on employment forms and state and federal tax forms when applying for work in Dubuque, Iowa.  Ordonez-Ortiz worked using that person’s social security until he was arrested by immigration officials on January 6, 2020, at his place of employment.  Ordonez-Ortiz also admitted to being in the United States illegally and to using a fraudulent permanent resident card, also known as a “green” card, to illegally obtain employment.

Ordonez-Ortiz was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Ordonez-Ortiz was sentenced to 82 days’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Ordonez-Ortiz 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 19-CR-1049.     Follow us on Twitter @USAO_NDIA.

A Sioux City man who distributed approximately 4 pounds of methamphetamine from his residence pled guilty today, March 25, 2020, in federal court in Sioux City.

Carlos Jose Gomez, age 37, from Sioux City, Iowa was convicted of conspiracy to distribute methamphetamine and possession of a firearm during a drug trafficking crime. 

Law enforcement executed a search warrant on Gomez’s property where they seized approximately 5 grams of methamphetamine, a loaded handgun, and $1,000 in cash belonging to Gomez.  In a plea agreement, Gomez admitted to selling nearly 4 pounds of “ice” methamphetamine from December of 2019 through March 4, 2020.  Gomez also admitted to knowingly possessing a gun in furtherance of selling methamphetamine. 

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Gomez remains in custody of the United States Marshal pending sentencing.  For Count 1, Gomez faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and 5 years up to life of supervised release following any imprisonment.  For Count 2, Gomez faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of life imprisonment, or both without the possibility of parole, a $250,000 fine, and 5 years of supervised release following any imprisonment.

The case is being 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-CR-4024.

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A man who was prohibited from possessing a firearm pled guilty March 17, 2020, in federal court in Sioux City.

Meher Aboolian, 32, from Glendale, California, was convicted of possession of a firearm by a prohibited person.  Aboolian was previously convicted of the following crimes which prohibit him from possessing firearms: Burglary, on or about January 15, 2008; False Checks, on or about May 8, 2008; and Felony Possession of a Controlled Substance for Sale, on or about December 22, 2016, all in the State of California, Los Angeles County Court.

At the plea hearing, evidence showed that on November 3, 2019, the vehicle Aboolian was driving was stopped by law enforcement.  During a search of Aboolian, officers found, concealed under Aboolian’s hat, drug paraphernalia and pills for which Aboolian did not have a prescription.  A search of the vehicle revealed additional drug paraphernalia, and items to mask the smell of illegal narcotics.  Officers also located a stolen gun, namely a Smith & Wesson Model 669, 9mm pistol, with no visible serial number, and a loaded magazine.

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

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 Project Guardian partners. For more information about Project Guardian, please see /media/1122011/dl?inline.

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 20-4003.  Follow us on Twitter @USAO_NDIA.

A Cedar Rapids man who went with an associate to rob others of money and drugs using a firearm was sentenced March 23, 2020, to 114 months in federal prison.

Carl McArthur, age 40, from Cedar Rapids, Iowa, received the prison sentence following an October 24, 2019 jury verdict.  The jury deliberated for nine hours before finding McArthur guilty of one count of being in possession of a firearm, specifically a Taurus .45LC/.410 caliber “Judge” handgun, after having been convicted of a 2003 misdemeanor domestic abuse assault in Linn County, Iowa, and a 2009 federal felony firearm conviction. 

The evidence at trial and sentencing showed that on March 17, 2018, McArthur and an associate entered a house on the southwest side of Cedar Rapids.  They were armed with firearms.  McArthur and his associate planned to rob the occupants of the house of any money or methamphetamine in their possession.  Three of the occupants of the house testified that McArthur and his associate forced their way into the house, assaulted them, and threatened to shoot them and pour hot grease on them in an effort to get money and drugs from them.  One of the occupants called 911, and officers from the Cedar Rapids Police Department responded within minutes.  The officers found McArthur inside the residence, and his associate was outside.  The associate fled the scene, leaving behind the ski mask he wore to conceal his identity.  Officers searched the house and found a Taurus .45LC/.410 caliber “Judge” handgun, a 9mm handgun, methamphetamine, and drug paraphernalia. 

McArthur was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  McArthur was sentenced to 114 months’ and 20 days’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

The case was prosecuted by Assistant United States Attorneys Ashley Corkery and Patrick Reinert and was investigated by Cedar Rapids Safe Streets Task Force.  The task force is composed of representatives from the Federal Bureau of Investigation and the Cedar Rapids Police Department.

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 its Project Guardian partners.  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 18-CR-0102.

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CEDAR RAPIDS, IOWA – U.S. Attorney Peter E. Deegan, Jr., of the Northern District of Iowa, today urged the public to report suspected fraud schemes related to COVID-19 (the Coronavirus) by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or go to https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

In coordination with the Department of Justice, Attorney General William Barr has directed U.S. Attorneys to prioritize the investigation and prosecution of Coronavirus fraud schemes.

“There are people out there who will try and take advantage of COVID-19 for selfish financial benefit.  I am asking everyone in our communities to stay vigilant and report suspected fraud,” said U.S. Attorney Deegan.  “We also all need to care for the most vulnerable citizens in our society and do our best to prevent them from becoming victims of unscrupulous criminals.”

Some examples of these schemes include:

• Individuals and businesses selling fake cures for COVID-19 online and engaging in other forms of fraud.
   
• Phishing emails from entities posing as the World Health Organization or the Centers for Disease Control and Prevention.
   
• Malicious websites and apps that appear to share Coronavirus-related information to gain and lock access to your devices until payment is received.
   
• Seeking donations fraudulently for illegitimate or non-existent charitable organizations.
  -more-
• Medical providers obtaining patient information for COVID-19 testing and then using that information to fraudulently bill for other tests and procedures.
   

In a memorandum to U.S. Attorneys issued March 19, Deputy Attorney General Jeffrey Rosen also directed each U.S. Attorney to appoint a Coronavirus Fraud Coordinator to serve as the legal counsel for the federal judicial district on matters relating to the Coronavirus, direct the prosecution of Coronavirus-related crimes, and to conduct outreach and awareness activities.  The Northern District of Iowa Coronavirus Fraud Coordinator is Assistant U.S. Attorney Timothy Vavricek.

The NCDF can receive and enter complaints into a centralized system that can be accessed by all U.S. Attorneys, as well as Justice Department litigating and law enforcement components to identify, investigate and prosecute fraud schemes.  The NCDF coordinates complaints with 16 additional federal law enforcement agencies, as well as state Attorneys General and local authorities.

To find more about Department of Justice resources and information, please visit www.justice.gov/coronavirus..

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A Waterloo man who unlawfully possessed a gun while a drug user was sentenced today to over three years in prison.

Anthony Torres, age 19, from Waterloo, Iowa, received the prison sentence after a November 21, 2019 guilty plea to possession of a firearm by a drug user.

Information disclosed at sentencing and at his plea hearing showed that on June 23, 2019, Waterloo police officers tried to stop the car Torres was driving.  Torres failed to stop for officers and ran a stop sign in the process.  Eventually, Torres got out of his car and attempted to walk away quickly.  Officers took Torres into custody for driving with a suspended license.  Officers could smell marijuana in his car.  Officers searched the car and located a loaded .40 caliber Smith & Wesson and ammunition in the glove box.  In the trunk, officers located 402 grams of marijuana and 19 ecstasy pills.  Torres admitted he intended to distribute the marijuana.  Torres has a criminal history which includes five controlled substance convictions.  He also robbed a local store at gunpoint when he was 15 years old.

Torres was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Torres was sentenced to 40 months’ imprisonment.  He was ordered to make payment of $100 to the special assessment fund.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

The case was prosecuted by Assistant United States Attorney Ashley Corkery and investigated by the Waterloo Police Department, the Federal Bureau of Investigations, 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. The United States Attorney’s Office has prosecuted this case with support from its Project Guardian partners.  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-2052.                            

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A convicted felon who unlawfully possessed guns he stole was sentenced today to over eight years in federal prison.

Jack Good, age 47, from Waterloo, Iowa, received the prison term after a November 25, 2019 guilty plea to one count of being a felon in possession of a firearm.

Information at sentencing showed that in November 2018, Good broke into a home in which he used to reside.  Good stole two handguns and some credit cards from the home.  Three days later, he was arrested at a hotel with one of the guns.  That same day, the other gun, which was loaded, was found by a passerby along the railroad tracks in Cedar Rapids, Iowa.

Prior to this federal conviction, Good had 25 adult criminal convictions.  In 1995, Good was convicted of assault with intent to commit sexual abuse.  That same year, he was convicted of attempted murder.  Good’s other convictions include multiple convictions for theft, burglary, and failure to register as a sex offender.  In 2019, Good absconded from work release in Black Hawk County.  While escaped from custody, Good burglarized a church, stealing multiple credit cards from the church, which were then used in multiple cities in Iowa.

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

Good 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 Anthony Morfitt 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 19-cr-2063.

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A man who removed drug paraphernalia evidence from an opioid overdose death scene in Dubuque pled guilty March 13, 2020, in federal court in Cedar Rapids.

Mateusz D. Syryjczyk, age 29, from Rockford, Illinois, was convicted of one count of misprision of a felony.

At the plea hearing, Syryjczyk admitted that, in May 2019, he knew that the crime of distribution of controlled substances resulting in serious bodily injury had occurred.  He also admitted that he failed to notify authorities that the crime had been committed and that he took affirmative steps to conceal the crime.  Evidence at a prior hearing showed that Syryjczyk and his girlfriend, Jacqueline Birch, and another individual drove to a residence in Dubuque, Iowa during the late evening of May 26, 2019.  Birch and the other individual went into the residence, and returned a short time later with purported heroin they had purchased inside the residence.  The three then drove to a hotel in Dubuque, where they all used the purported heroin.  The other individual began to overdose in the room.  Birch and Syryjczyk did not immediately call 911, but, over the course of multiple hours, Birch would occasionally perform CPR on the individual to restore some breathing function, though the person never regained consciousness.  Eventually, Birch and Syryjczyk decided they needed to call 911, and Syryjczyk took the remaining drug paraphernalia from the room to prevent law enforcement from finding it.  Syryjczyk also made false statements to the responding police officers about the cause of the individual’s condition.  That individual was pronounced dead at the scene.  An autopsy later determined the cause of death was use of heroin, fentanyl, and valeryl fentanyl.

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Syryjczyk is free on bond pending sentencing.  Syryjczyk faces a possible maximum sentence of 3 years’ imprisonment, a $250,000 fine, and 1 year of supervised release following any imprisonment.

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

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

The case file number is 19‑CR‑1042‑CJW-‑MAR.

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A Cedar Rapids man who possessed a firearm while being a user of marijuana was sentenced March 11, 2020, to three years in federal prison. 

Quincy Dionta Carrington, age 31, from Waterloo, Iowa, received the prison term after a December 2, 2019, guilty plea to possession of a firearm by a prohibited person.  

Evidence at the plea hearing and sentencing showed that in January 2019, Waterloo police officers stopped Carrington for speeding.  During the stop, officers learned Carrington had a suspended driver’s license.  While taking Carrington into custody, Carrington admitted he had a loaded gun with him.  Officers located a loaded gun under the driver’s seat of the vehicle; along with a vaping pen containing marijuana wax in the vehicle.  Carrington admitted that he had been smoking the vaping pen earlier in the day and that he was on his way to scare an unknown male who had assaulted his girlfriend.

Carrington was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand.  Carrington was sentenced to 36 months’ imprisonment.  A $100 special assessment was imposed.  He must also serve a 2-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 Waterloo Police Department, the Federal Bureau of Investigation, 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. The United States Attorney’s Office has prosecuted this case with support from its Project Guardian partners.  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-02028.

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A man who illegally possessed a gun while a felon was sentenced today to more than eight years in federal prison. 

Devon Norman, age 33, from Dubuque, Iowa, received the prison term after a guilty plea to illegally possessing a firearm as a felon.  Statements at sentencing showed that Norman pointed a gun at an individual in a car and threatened to blow that individual’s head off.  After making that threat, Norman physically forced his then-girlfriend back into a Dubuque residence while still possessing the gun.   

Norman was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand.  Norman was sentenced to 100 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.

The case was prosecuted by Assistant United States Attorney Jacob 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 19-CR-1026-LTS.

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A convicted felon who possessed stolen guns was sentenced on March 6, 2020, to more than a year in federal prison.

Thomas Robert Ginger, Jr., age 45, from Primgar, Iowa, received the prison term after a guilty plea to one count of possession of a firearm by a felon and one count of possession of a stolen firearm.  Ginger was previously convicted of felony sponsoring a gathering for use of drugs. Ginger also has four convictions for OWI. 

Information provided by the United States at the arraignment, change of plea and sentencing hearings, showed that when Ginger learned of his father’s death, he left his grieving family at the hospital, drove nearly two miles to his mother’s home, and kicked in the exterior door.  Once inside, Ginger then broke through another door into an interior “gun room” and stole 55 firearms that had belonged to his father’s Federal Firearm Licensee business.  Ginger also took $7,700 in cash and a briefcase that contained a coin collection.  He hid the guns in a car at one person’s home and hid the money underneath a sink at his home.  When law enforcement confronted Ginger about the crime he initially lied about his whereabouts and involvement.  Later, after the weapons were discovered, he confessed.

Ginger was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Ginger was sentenced to 18 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.

Ginger will self-report 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 Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Iowa Division of Narcotics Enforcement, the O’Brien (Iowa) County Sheriff’s Office, and the Sanborn, Iowa Police Department.  The case was prosecuted by Assistant United States Attorney Forde Fairchild. 

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

The case file number is 19-4056.

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A man who conspired to distribute methamphetamine while illegally possessing guns was sentenced March 4, 2020, to 11 years in federal prison.

Dustin Julich, 35, from Estherville, Iowa, pled guilty on September 20, 2019, to conspiracy to distribute methamphetamine and illegal possession of a firearm.  Julich was previously convicted of theft second degree and burglary third degree which prohibits him from possessing firearms in Iowa.

At the plea hearing, Julich admitted that for about three years he and others distributed over 1 kilogram of methamphetamine in the Estherville, Iowa area.  During a search warrant of Julich’s truck and trailer, law enforcement seized approximately ½ pound of methamphetamine along with two guns. 

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

The case was prosecuted by Assistant United States Attorney Mikala Steenholdt and was investigated by Estherville Police Department, Emmet County Sheriff’s Office, Iowa Division of Narcotics Enforcement, Iowa Great Lakes Drug Task Force, and Iowa Division of Criminalistics Laboratory. 

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

The case file number is 19-3010.  Follow us on Twitter @USAO_NDIA.

A man who assaulted U.S. Congressman Steve King was sentenced March 5, 2020, to two years’ probation.

Blake Gibbins, age 27, from Lafayette, Colorado, received the sentence after a September 23, 2019, guilty plea to one count of assaulting a member of congress.

In his plea agreement, Gibbins admitted that on March 22, 2019, at the Mineral City Mill & Grill in Fort Dodge, Iowa, he approached a table where U.S. Congressman Steve King and others were seated. He admitted he then assaulted Congressman King by intentionally throwing a full glass of water on him. He also admitted he was wrong to throw water on Congressman King.

Gibbins was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Gibbins was sentenced to 2 years’ probation, as recommended by both parties.  He was also ordered to do 200 hours of community service in the first year of his probation.      

The case was prosecuted by Assistant United States Attorney Timothy T. Duax and was investigated by the Federal Bureau of Investigation, the Fort Dodge Police Department, and the United States Capitol Police. 

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

The case file number is CR19-3033-LTS.

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A Waterloo bank robber with a long and violent criminal history was sentenced March 4, 2020, to more than 17 years in federal prison.

Steven Lee Sisk, age 55, from Waterloo, Iowa, received the prison term after a June 25, 2019 guilty plea to bank robbery. 

Evidence at sentencing showed that in 2017, Sisk robbed a bank in Waterloo, Iowa.  He took $2,389 from a teller after pointing what appeared to be a gun at her face.  At the time of sentencing, Sisk had accumulated 47 prior convictions for various crimes.  These convictions include willful injury causing bodily injury, domestic assault with intent to cause serious injury, burglary, fraud practices, assault, theft, delivery of cocaine, interference with official acts, possession of controlled substances, and multiple other crimes.

Sisk was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Sisk was sentenced to 210 months’ imprisonment.  He was ordered to make $2,389 in restitution to the bank.  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.

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

The case was prosecuted by Assistant United States Attorney Emily K. Nydle and investigated by Waterloo Police Department and the Federal Bureau of Investigation (FBI), the Tri-County Drug Task Force, and the Linn County Sheriff’s Office. 

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

The case file number is 19-cr-2007.

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A man who unlawfully possessed a handgun pled guilty today in federal court in Cedar Rapids.

Guillermo Legarrea, age 50, from Hiawatha, Iowa, was convicted of one count of being an unlawful user of cocaine in possession of a firearm.

At the plea hearing, Legarrea admitted that he illegally possessed the firearm in December 2018.  Evidence at a prior hearing showed that Legarrea was stopped by a Hiawatha Police Officer on suspicion of driving with a suspended license.  During the encounter, the officer noticed the odor of alcohol coming from Legarrea’s breath and could tell that he was intoxicated.  Another officer observed beer bottles inside Legarrea’s van.  After placing Legarrea under arrest for suspicion of drunk driving, the officers located a baggie containing cocaine in Legarrea’s sock.  During a search of Legarrea’s van, officers located a black backpack that contained a loaded handgun and over $9,000 in cash.

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.

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Legarrea remains free on bond previously set pending sentencing.  Legarrea faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, and 3 years of supervised release following any imprisonment.

The case was investigated by the Hiawatha Police Department and Department of Homeland Security, Homeland Security Investigations, 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 19‑CR‑00100‑CJW‑MAR.

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A woman who used a false identification document and someone else’s social security number was sentenced today to six months in federal prison.

Maria Morales-Martinez, age 39, a citizen of Mexico illegally present in the United States and residing in Postville, Iowa, received the prison term after a November 26, 2019, jury verdict finding her guilty of one count of unlawful use of an identification document and one count of misuse of a social security number.

Evidence at trial showed that Morales-Martinez used the name, date of birth and Social Security number of another person when completing employment paperwork in August 2016 at a business in Postville, Iowa.  Specifically, Morales-Martinez presented the company with a fraudulent Minnesota ID card bearing her picture but the name and date of birth of another person.  She also used a Social Security card bearing the name and social security number assigned to that other person when completing state and federal tax forms.  Morales-Martinez admitted at trial that she used a second person’s name and social security number when employed at the company between 2010 and 2012, and the current alias name and social security number while employed at the company between August 2016 and December 2018.  She also falsely claimed to be a United States citizen on the employment forms.  Morales-Martinez was fired after the company discovered that Morales-Martinez was working using fraudulent documents.

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

Morales-Martinez 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 Daniel C. Tvedt and investigated by the Department of Homeland Security, Homeland Security Investigations. 

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

The case file number is 19-CR-1013.

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