Northern District of Iowa

A woman who conspired to distribute methamphetamine was sentenced January 9, 2020, in federal court in Sioux City.

Wendy Jordison, 57, from Humboldt, Iowa, and previously Fort Dodge, Iowa, pled guilty on June 13, 2019, to one count of conspiracy to distribute methamphetamine and one count of possession with intent to distribute methamphetamine.  Jordison was previously convicted of a serious felony drug offense in Iowa in 2000, on which she served state prison time until at least April of 2006.

At the plea hearing, Jordison admitted her involvement in a conspiracy that distributed at least three pounds of methamphetamine from June 2018 through January 2019.  On four separate occasions in December 2018 and January 2019, Jordison distributed over 111 grams of pure methamphetamine to individuals cooperating with law enforcement.  In January 2019, law enforcement executed a search warrant at Jordison’s residence and seized over 205 grams of pure methamphetamine along with other indicia of drug trafficking.   

Jordison was sentenced in Sioux City before United States District Court Chief Judge Leonard T. Strand.  Jordison remains in custody of the United States Marshal until she can be transported to a federal prison.  Jordison was sentenced to 15 years’ imprisonment and must serve a 10-year term of supervised release following imprisonment.

The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Division of Narcotics Enforcement, Webster County Sheriff’s Office, Fort Dodge Police Department, Humboldt County Sheriff’s Office, Humboldt Police Department, and Iowa Division of Criminalistics Investigation. 

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

The case file number is 19-3009.  Follow us on Twitter @USAO_NDIA.

CEDAR RAPIDS, IOWA – Peter E. Deegan, United States Attorney in the Northern District of Iowa, joined Attorney General William P. Barr, FBI Director Christopher A. Wray, and Chief Postal Inspector Gary R. Barksdale today in announcing the largest coordinated sweep of elder fraud cases in history.  This year, prosecutors charged more than 400 defendants, far surpassing the 260 defendants charged in cases as part of last year’s sweep.  In each case, offenders allegedly engaged in financial schemes that targeted or largely affected seniors.  In total, the charged elder fraud schemes caused alleged losses of over a billion dollars.

In the Northern District of Iowa, three defendants were charged with elder financial abuse crimes in 2019:

1. In United States v. Garrett, the defendant pled guilty to using various financial accounts belonging to his grandmother to pay for his own business and personal expenses.  Garrett took over $100,000 from his grandmother.  He is awaiting sentencing.
    
2. In United States v. Derby, H. David Derby and Patti Lynn Derby each pled guilty to one count of wire fraud arising out of a scheme to defraud H. David Derby’s elderly mother.  They admitted using a financial power of attorney to benefit themselves, obtaining no less than $40,000 from the victim’s bank account.  Both are awaiting sentencing. 

“Americans are fed up with the constant barrage of scams that maliciously target the elderly and other vulnerable citizens,” said Attorney General William P. Barr.  “This year, the Department of Justice prosecuted more than 400 defendants, whose schemes totaled more than a billion dollars. I want to thank the men and women of the Department’s Consumer Protection Branch, which coordinated this effort, and all those in the U.S. Attorneys’ Offices and Criminal Division who worked tirelessly to bring these cases. The Department is committed to stopping the full range of criminal activities that exploit America’s seniors.”

“Those who shamelessly target the elderly in our society are reprehensible,” said United States Attorney Peter E. Deegan, Jr.  “My office is dedicated to prosecuting these criminals, preventing them from continuing to exploit others, and returning as much money as possible to their victims.”

This https://www.justice.gov/civil/elder-fraud-sweeps-2020 interactive map provides information on the elder fraud cases highlighted by today’s sweep announcement.

Elder Fraud Hotline

Attorney General Barr also announced the launch of a National Elder Fraud Hotline, which will provide services to seniors who may be victims of financial fraud.  The Hotline will be staffed by experienced case managers who can provide personalized support to callers.  Case managers will assist callers with reporting the suspected fraud to relevant agencies and by providing resources and referrals to other appropriate services as needed.  When applicable, case managers will complete a complaint form with the Federal Bureau of Investigation Internet Crime Complaint Center (IC3) for Internet-facilitated crimes and submit a consumer complaint to the Federal Trade Commission on behalf of the caller.  The Hotline’s toll free number is 833-FRAUD-11 (833-372-8311).

For the second year, the Department of Justice and its law enforcement partners also took comprehensive action against the money mule network that facilitates foreign-based elder fraud. Generally, perpetrators use a “money mule” to transfer fraud proceeds from a victim to ringleaders of fraud schemes who often reside in other countries. Some of these money mules act unwittingly, and intervention can effectively end their involvement in the fraud. The FBI and the Postal Inspection Service took action against over 600 alleged money mules nationwide by conducting interviews, issuing warning letters, and bringing civil and criminal cases. Agents and prosecutors in more than 85 federal district participated in this effort to halt the money flow from victim to fraudster. These actions against money mules were in addition to the criminal and civil cases announced as part of this year’s elder fraud sweep.

These outreach efforts have helped to prevent seniors from falling prey to scams and have frustrated offenders’ efforts to obtain even more money from vulnerable elders.

The charges announced today are allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

On February 28, 2020, in the United States District Court in Sioux City, Iowa, an illegal alien with numerous prior deportations, found in the United States illegally and in possession of a loaded handgun and false identification documents, was sentenced to eighteen years in federal prison.

Moses Anthon Francisco, age 53, from the country of Belize, received the prison term after pleading guilty on August 21, 2019, to a one-count indictment charging him with illegal re-entry as a felon.  On August 29, 2019, Francisco also pled guilty to a one-count indictment charging him with unlawfully possessing a firearm as a felon and illegal alien.  Francisco also admitted violating his supervised release by committing these new criminal offenses while on supervised release for illegal reentry in the Northern District of Illinois. 

At the guilty plea hearings and the sentencing, Francisco admitted and evidence was presented that on June 11, 2019, at approximately 12:20 p.m., the Steele County, Minnesota Sheriff’s Office dispatch received reports from drivers on Interstate Highway 35.  Those motorists reported that Francisco had been driving erratically and had pointed a silver handgun at another motorist.  Law enforcement agents in Minnesota tried to stop Francisco’s car, but he would not pull over.  Instead, he sped south on Interstate 35, reaching speeds close to 100 miles per hour.  Eventually, Francisco crossed from Minnesota into Iowa, where law enforcement stopped him with the assistance of snowplows blocking the road.  After a standoff with police where Francisco refused to get out of his car, law enforcement was able to take him into custody.

Law enforcement found a loaded pistol and a number of passports in the car.  Francisco also had additional identification documents on his person.       

Francisco was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Francisco was sentenced to 216 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.

Francisco 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 Iowa Department of Transportation, the Iowa State Patrol, the Minnesota State Patrol, the Worth County Sheriff’s Office, the Mason City Police Department, the Cerro Gordo County Sheriff’s Office, the Steele County, MN, Sheriff’s Office, the Rice County, MN, Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Immigration and Customs Enforcement, Homeland Security Investigations.

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

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

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

The case file numbers are 19-CR-03027, 19-CR-03039, and 19-CR-04044.

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A man who distributed cocaine and possessed a firearm during and in furtherance of drug trafficking was sentenced to more than 5 years in federal prison. 

Quinn Schleimer, 22, from Fort Dodge, Iowa, pled guilty on October 22, 2019, to two counts of distribution of cocaine and one count of possession of a firearm during a drug trafficking crime.

At the plea hearing, Schleimer admitted that on three occasions in 2017 he distributed 1/8 ounce of powder cocaine to an individual cooperating with law enforcement.  Schleimer also admitted to selling about 4 ½ ounces of cocaine and 10 pounds of marijuana in 2017.  During a search of Schleimer’s residence, officers seized two loaded shotguns, one of which had its barrel sawed off.

Schleimer was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Schleimer was sentenced to 61 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.  Schleimer 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 was investigated by Iowa Division of Narcotics Enforcement, Fort Dodge Police Department, Iowa Division of Criminalistics Laboratory, 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 17-3051.  Follow us on Twitter @USAO_NDIA.

A woman who made false statements before a federal grand jury pled guilty today in federal court in Cedar Rapids.

Paula Cole, age 30, from Cedar Rapids, Iowa, was convicted of one count of making a false declaration before a grand jury.

In a plea agreement, Cole admitted that she testified before a federal grand jury in September 2018 regarding an investigation of her boyfriend for a firearms charge.  During her grand jury testimony, Cole testified that she did not know whether her boyfriend was a marijuana user, and that there was nothing that ever indicated to her that he used marijuana.  Cole admitted in her plea agreement that her grand jury testimony was false, and that she knew that her boyfriend was a marijuana user because she had previously seen him use marijuana.

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Cole remains free on bond previously set pending sentencing.  Cole faces a possible maximum sentence of 5 years’ imprisonment, a $250,000 fine, and 3 years of supervised release following any imprisonment.

The case was investigated by the Cedar Rapids Safe Streets Task Force.  The task force is composed of representatives from the Federal Bureau of Investigation and the Cedar Rapids Police Department.  The case 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‑00107‑CJW‑MAR.

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A man who failed to register as a sex offender was sentenced on February 26, 2020, to more than four years in federal prison.

Marquette Lamont Lawson, age 48, from Chicago, Illinois, received the prison term after a September 26, 2019 guilty plea to failure to register as a sex offender.

At the guilty plea, Lawson admitted that from May 2017 to February 12, 2018, he knowingly failed to register or update his registration as required by the Sex Offender Registration and Notification Act while he was residing and working in Iowa.  Lawson is required to register as a sex offender due to his prior conviction for aggravated criminal sexual abuse, on January 11, 1989, in Cook County, Illinois. 

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

Lawson 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 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-0071.

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

Jose Cruz-Medio, age 48, a citizen of Guatemala illegally present in the United States and residing in Postville, Iowa, received the prison term after a December 4, 2019, guilty plea to one count of illegal reentry into the United States.

At the guilty plea, Cruz-Medio admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government.  Cruz-Medio was deported in September 2009 and November 2013. 

Cruz-Medio’s second deportation was subsequent to a September 2013 conviction in the United States District Court for the Northern District of Iowa for illegal reentry of a deported alien, a felony.  Cruz-Medio also has a prior conviction in Wright County, Iowa, in 2009 for operating a motor vehicle while intoxicated.  Cruz-Medio most recently came to the attention of immigration agents in September 2019 following his arrest in Allamakee County, Iowa, for operating a motor vehicle while intoxicated.  This case is still pending.

Cruz-Medio was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Cruz-Medio 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.

Cruz-Medio 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-123.

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Daniel Heim, age 32, of Dubuque, Iowa, has been charged with being a drug user in possession of firearms and ammunition.  The charge is contained in an Indictment unsealed on February 26, 2020, in United States District Court in Cedar Rapids. 

The Indictment alleges that, in December 2019, Heim possessed 14 firearms and thousands of rounds of ammunition while being an unlawful user of marijuana and cocaine.

If convicted, Heim faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, and 3 years on supervised release following any imprisonment.

Heim appeared today in federal court in Cedar Rapids and was released on bond.  Heim’s next appearance for trial is set for April 27, 2020. 

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

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

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

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and is being investigated by the Dubuque Police Department, the Dubuque County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 20-1006.

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A man who threw guns from a car during a police chase pled guilty today in federal court in Cedar Rapids.

Jordan Lewis Holmes, age 23, from Cedar Rapids, Iowa, was convicted of one count of being a felon and unlawful drug user in possession of a firearm.

At the plea hearing, Holmes admitted that he possessed two nine millimeter handguns in March 2019, and that at the time he was an unlawful marijuana user and a felon.  Court records reflect that in March 2019, The United States Marshals Service was seeking to arrest Holmes a warrant for a parole violation on a prior felony stolen weapon trafficking charge.  Officers saw Holmes get into a vehicle and tried to initiate a traffic stop, at which time a chase ensued.  During the chase the vehicle in which Holmes was a passenger drove into a church parking lot and two 9 millimeter handguns were thrown from the window where Holmes was seated.  At the end of the vehicle chase, the vehicle in which defendant was riding pulled into an apartment complex parking lot, and, without the vehicle being coming to a stop, Holmes and the other three occupants of the vehicle fled on foot.  Officers caught up to Holmes and arrested him shortly thereafter.

Officers later retrieved the handguns from the church parking lot.  The serial numbers on both firearms had been defaced.  Further investigation revealed that two days before the chase Holmes had posted a video of himself holding a handgun that resembled one of the handguns found in the parking lot.  Evidence at a prior hearing showed that during a recorded phone call shortly after his arrest, Holmes told the other person that he had to get rid of his “size nine shoes,” indicating that Holmes had thrown the firearms from the moving vehicle.

This case was brought as part of Project Safe Neighborhoods (PSN).  PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.

Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Holmes remains in custody of the United States Marshal pending sentencing.  Holmes 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 United States Marshals Service 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-00124-CJW-MAR.

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Tobias Sarazin, age 34, of Dubuque, Iowa, has been charged with being a prohibited person in possession of a firearm.  The charge is contained in an Indictment unsealed on February 25, 2020, in United States District Court in Cedar Rapids. 

The Indictment alleges that, in December 2019, Sarazin possessed a pistol while being a prohibited person.  The Indictment alleges that Sarazin previously had been convicted of three crimes of domestic violence, that he was subject to a no contact order, and that he was an unlawful user of marijuana and methamphetamine.

If convicted, Sarazin faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, and 3 years on supervised release following any imprisonment. 

Sarazin appeared today in federal court in Cedar Rapids and was held without bond.  Sarazin’s next appearance for trial is set for April 27, 2020.

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

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

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

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and is being investigated by the Dubuque Police Department, the Dubuque County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

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

The case file number is CR 20-1005.

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David Miller, age 52, from Gilmore City, IA pled guilty to 3 counts of aiding and assisting in the preparation and presentation of false and fraudulent income tax returns and 3 counts of receiving stolen government money or property.

In a plea agreement, Miller admitted that he owned and operated a tax return preparation business.  While operating that business, he prepared fraudulent income tax returns.  Miller’s fraudulent returns resulted in a total loss to the government of $16,114.00 for the tax years 2012-2015.  Miller’s clients were deprived of part of their tax refund as a result of Miller’s theft.  Miller further stole money belonging to the United States, including 39 partial client tax refunds, resulting in the theft of Federal government funds in the amount of $36,582.00 for the years 2014, 2015, and 2016.  Miller’s theft of government funds and relevant conduct for years 2011, 2012, and 2013, and theft of State government funds, resulted in additional losses totaling $73,258.07.

Miller also failed to report the stolen funds as income, which resulted in creating additional tax obligations for himself totaling $30,752.00 for his 2011-2016 tax returns.  Miller has agreed to pay a total of $156,706.07 in restitution to the Internal Revenue Service.    

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Miller remains free on bond previously set.  For the 3 counts of aiding and assisting in the preparation and presentation of false and fraudulent income tax returns, Miller faces a possible maximum sentence of 3 years’ imprisonment, a maximum fine of $100,000.00, and not more than 1 year of supervised release following any imprisonment.  For the 3 the counts of receiving stolen government money or property Miller faces a possible maximum sentence of 10 years’ imprisonment, a maximum fine of $250,000.00, and not more than a 3 year term of supervised release following any imprisonment.

This case is being prosecuted by Assistant United States Attorney Ron Timmons and investigated by the Department of Treasury and the Internal Revenue Service. 

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

The case file number is 20-CR-3004.

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A Dubuque man who possessed and sold crack cocaine near a school was sentenced today to more than five years in federal prison.

John Saunders, age 44, from Dubuque, Iowa received the prison term after a September 9, 2019 guilty plea to possession with intent to distribute a controlled substance near a protected location.

In a plea agreement, Saunders admitted he possessed crack cocaine he intended to sell.  Saunders was selling cocaine out of his residence which is located near Loras College in Dubuque, Iowa.  A search warrant executed on his property recovered over 24 grams of crack cocaine, drug weighing and packaging materials, and a loaded handgun under the mattress.

Saunders was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Saunders was sentenced to 70 months’ imprisonment.  He must also serve a 6-year term of supervised release after the prison term.  There is no parole in the federal system.

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

The case was prosecuted by Assistant United States Attorney Liz Dupuich and investigated by the Dubuque Drug Task Force, the Dubuque Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

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

The case file number is 19-CR-1027.

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A Dubuque man who possessed over 94 grams of pure methamphetamine was sentenced on February 19, 2020, to over ten years in federal prison.

Deshone Dodson, age 36, from Dubuque, Iowa, received the prison term after an October 10, 2019 guilty plea to possession with intent to distribute a controlled substance.

In a plea agreement, Dodson admitted he possessed over 94 grams of pure methamphetamine he intended to distribute.  Dodson was a passenger in a vehicle that law enforcement stopped for not having working headlights at night.  During the traffic stop, officers smelled the odor of marijuana coming from the vehicle.  They subsequently found a black grocery bag concealed in the trunk behind the carpeted inlay on the driver’s side.  Inside this bag were four individually wrapped clear plastic bags of methamphetamine.  Dodson admitted to owning the bags of meth and that he planned to distribute it to others.

Dodson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Dodson was sentenced to 130 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.

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

The case was prosecuted by Assistant United States Attorney Liz Dupuich and investigated by the Dubuque Drug Task Force 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-1017.

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A man who possessed or distributed over a kilogram of methamphetamine was sentenced on February 19, 2020, to more than twelve years in federal prison.

Nicholas John Gruner, age 38, from Cedar Rapids, Iowa, received the prison term after an October 29, 2019 guilty plea to one count of possession with intent to distribute a controlled substance.

At the guilty plea, Gruner admitted that he distributed more than 220 grams of methamphetamine to an individual cooperating with law enforcement on the morning of August 13, 2019.  In the afternoon of August 13, 2019, law enforcement conducted a traffic stop on Gruner’s vehicle and they seized more than 220 grams of methamphetamine.  During a later search of Gruner’s apartment, law enforcement seized more than 580 grams of methamphetamine, a rifle, ammunition, and other items indicative of drug distribution.

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

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

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

The case file number is 19-CR-85.

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

Jose Luis Francisco-Gonzalez, age 37, a citizen of Mexico illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after a November 7, 2019, guilty plea to one count of illegal reentry into the United States.

At the guilty plea, Francisco-Gonzalez admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government.  Francisco-Gonzalez was deported in April 2017 following a February 2017 felony conviction in Rock Island County, Illinois for possession of marijuana with intent to deliver.  The marijuana conviction arose out of a Rock Island traffic stop where Francisco-Gonzalez bought marijuana in Cedar Rapids to sell in Illinois.  On May 31, 2019, Francisco-Gonzalez was deported a second time after illegally reentering the United States in Arizona.  On August 27, 2019, Francisco-Gonzalez was arrested by immigration officers after they learned Francisco-Gonzalez had illegally returned to the United States and was living in Cedar Rapids.

Francisco-Gonzalez was sentenced in Cedar Rapids by United States District Judge C.J. Williams.  Francisco-Gonzalez 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.

Francisco-Gonzalez 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-93.

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A federal jury found a man who conspired with other people to sell heroin in Cedar Rapids guilty on February 12, 2020, after a jury trial. 

Devontae Horton, age 25, from Cedar Rapids, Iowa, was found guilty after a three day jury trial.  The jury found Horton guilty of conspiring to distribute 100 grams or more of heroin and distribution of heroin. 

Evidence at trial showed that between approximately June 2015 and April 2019, Horton, and up to twelve others, conspired to distribute heroin in the Cedar Rapids area.  The group was known as the “Ferrari” group.  The members used one phone number, known as the “Ferrari phone,” to arrange and conduct heroin transactions.  At times, ten to twenty people a day called the phone for the sole purpose of purchasing heroin.  In October 2018, Cedar Rapids police officers attempted to stop a vehicle occupied by Horton and another member of the Ferrari group, Jarel Williams.  Horton and Williams attempted to get away from police, eventually running on foot.  Police caught up with both men and located over $3,000 in cash in Horton’s front pocket.  The cash was drug proceeds.  In November 2018, investigators utilized a confidential source to arrange a purchase of heroin.  The source contacted Jarel Williams at what was believed to be the “Ferrari phone.”  Williams agreed to sell the source a half gram of heroin.  Horton arrived instead and provided the confidential source approximately a half gram of heroin for $80.  Evidence showed that Horton and Williams had operated like this on at least five other occasions.  Multiple witnesses testified that Horton had provided them heroin in the past.

The case was prosecuted by Assistant United States Attorneys Ashley Corkery and Elizabeth Dupuich 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, Marion Police Department, and the Linn County Sheriff’s Office.

Horton is being held in the United States Marshal’s custody until he can be sentenced.  A sentencing date has not yet been set.  Jarel Williams previously pled guilty to conspiring to distribute 1,000 grams or more of heroin and distribution of heroin.  Williams will also be sentenced at a later date.  Six other members of the group were also charged for their involvement.  All six previously pled guilty and are awaiting sentencing.

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

The case file number is 19-CR-45.

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A felon and drug user who fired a revolver during an altercation with another man at a downtown gas station was sentenced February 13, 2020 to more than 3 years in federal prison.

Kenneth Everett, age 29, from Sioux City, Iowa, received the prison term after an October 4, 2019, guilty plea to being a felon in possession of a firearm.  Everett was previously convicted of robbery in Mississippi.

Evidence at Everett’s detention, change of plea, and sentencing hearings revealed Eleazar Lopez-Martinez (who subsequently died in an unrelated incident) pursued Everett with a knife, for reasons unknown, and Everett retrieved a loaded handgun from his car.  A video shows the two men faced off for a period of time until Everett fired a shot that missed Lopez-Martinez, but which placed the public and patrons of the gas station at risk of serious harm. 

Everett’s criminal history includes a robbery conviction, a domestic assault conviction, and other minor offenses.  He was also a regular user of marijuana at the time of the shooting.

Everett was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Everett was sentenced to 37 months’ imprisonment.  He must also serve a 2-year term of supervised release after the prison term.  There is no parole in the federal system.

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

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

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

The case was investigated by the Sioux City, Iowa Police Department.  It 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 19-4066.

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A man who conspired to distribute methamphetamine was convicted by a jury on February 7, 2020, after a four-day trial in federal court in Sioux City.  Juan Lopez-Zuniga, 50, from Denison, Iowa, was convicted of conspiracy to distribute methamphetamine.  The verdict was returned following about 3 hours of jury deliberations.

The evidence at trial showed that Lopez-Zuniga was involved in a conspiracy that distributed more than 500 grams of methamphetamine from October 2015 through September 2016, out of the Denison, Iowa, area.  Evidence showed that Lopez-Zuniga traveled with fellow coconspirators (some of whom have already been convicted for their participation) from Denison, Iowa, to Worthington, Minnesota to deliver half-pound quantities of meth for further distribution in Iowa, Minnesota and South Dakota. Lopez-Zuniga would then return to Denison with money from the drug sales. 

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

The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated 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; 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 17-4009.  Follow us on Twitter @USAO_NDIA.

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

Gabriel Felix-Manuel, age 33, a citizen of Guatemala illegally present in the United States and residing in Waterloo, Iowa, received the prison term after a December 19, 2019, guilty plea to one count of illegal reentry into the United States.

In a plea agreement, Felix-Manuel admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government.  On January 16, 2008, Felix-Manuel was ordered deported from the United States in absentia.  His whereabouts were unknown until he was arrested on an unrelated state charge in Florida in February 2010.  Felix-Manuel was deported in March 2010.

On October 22, 2019, Felix-Manuel came to the attention of immigration agents during a traffic stop in Waterloo where he admitted being in the United States illegally.  Further investigation showed that Felix-Manuel had been working illegally in Waterloo since May 2019, falsely claiming to be a permanent legal resident of the United States and using the social security number of another person for employment purposes.

Felix-Manuel was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Felix-Manuel was sentenced to 96 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.

Felix-Manuel 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-2070.

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A convicted felon who unlawfully possessed over a dozen guns in a small northern Iowa town was sentenced today to nearly nine years in federal prison.

Michael Duane Strain, age 63, who was most recently residing in Montana and previously lived in Elma, Iowa, and Minnesota received the prison term after an October 16, 2019 jury verdict finding him guilty of two counts of being a felon in possession of a firearm.

Evidence at trial showed that Strain was living in Elma, Iowa, in late 2010 and early 2011.  During that time, Strain frequented a firearms dealer in Elma.  Strain was told he could not purchase any guns without filling out paperwork, which he refused to do.  Strain was a convicted felon.  Strain did purchase ammunition and firearms accessories.  He also brought a rifle into the dealer for repair.

Law enforcement started investigating Strain for unlawfully possessing guns.  They eventually searched the home Strain shared with his brother and a woman.  During the search, officers found thirteen guns in the open, some of which were staged near windows and doors.  One of the guns was a sawed-off shotgun.  Officers also found ammunition and accessories Strain had purchased.

Following the search, Strain left Iowa at some point.  He was indicted in 2011 for two counts of unlawfully possessing guns.  The United States Marshal’s Service located Strain in July 2019.  Strain was living in rural Montana.  The Marshal’s Service, the Bureau of Alcohol, Tobacco, Firearms, and Explosives arrested Strain and searched his residence.  They found dozens of guns and thousands of rounds of ammunition staged around the residence.

Strain’s criminal history includes multiple prior felony convictions out of Minnesota.  He was convicted of fleeing from police in 2001.  He was also convicted of possessing a pipe bomb and a pistol later in 2001.  The pipe bomb was found in Strain’s vehicle, which he had parked near a courthouse while attending a court hearing.  In 2003, Strain was convicted of possessing a short-barreled shotgun.

Strain was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Strain was sentenced to 105 months’ imprisonment and fined $12,500.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Strain 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 Anthony Morfitt and Richard Murphy and investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the United States Marshal’s Service.  Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 11-CR-2039.

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.

Follow us on Twitter @USAO_NDIA.

A man who possessed child pornography was sentenced today to two years in federal prison.

Troy French, age 29, of Cedar Rapids, received the sentence after a July 8, 2019, guilty plea to one count of possession of child pornography.  At the plea hearing, French admitted that, between 2012 and 2017, he knowingly possessed child pornography, including one or more depictions of prepubescent children.

French was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  French was sentenced to 24 months’ imprisonment.  A special assessment of $100 was imposed, and he was ordered to make $3,000 in restitution to victims depicted in images he possessed.  French must also serve a ten-year term of supervised release, and 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 Federal Bureau of Investigation.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 19-5.

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A man who sexually exploited children in the Philippines pled guilty today in federal court in Cedar Rapids.

William Meyer, age 64, from Cedar Rapids, was convicted of one count of sexual exploitation of children.  At the plea hearing, Meyer admitted that, between 2012 and 2019, he persuaded, induced, or enticed one or more minors to engage in sexually explicit conduct for the purpose of producing visual depictions or for the purpose of transmitting live visual depictions of this conduct.  The live visual depictions included Skype video transmissions from minors in the Philippines.

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Meyer remains in custody of the United States Marshal pending sentencing.  Meyer faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 30 years’ imprisonment, a $250,000 fine, $5,100 in special assessments, and supervised release for 5 years to life following any imprisonment. 

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Federal Bureau of Investigation and the Iowa Division of Criminal Investigation.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 19-105.

Follow us on Twitter @USAO_NDIA.

A man who conspired to distribute methamphetamine while possessing guns was sentenced January 31, 2020, to more than 11 years in federal prison.

Matthew Guthrie, 34, from Fort Dodge, Iowa, received the prison term after an August 15, 2019, guilty plea to one count of conspiracy 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 he and others distributed more than 500 grams of methamphetamine in the Fort Dodge area.  On three separate occasions Guthrie 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, 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 135 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.  Guthrie is being held in the United States Marshal’s custody until he can be transported to a federal prison.

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

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: 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 man who unlawfully possessed firearms while using drugs was sentenced on January 28, 2020, to 18 months in federal prison. 

DeAngelio Noye, age 27, from Tama, Iowa, received the prison term after a September 9, 2019 guilty plea to unlawful possession of a firearm by a prohibited person.  Noye admitted to being a marijuana user when in possession of at least 8 firearms.

Noye purchased the firearms between August 2017 and September 2018.  Seven of the 8 firearms were 9mm pistols.  Information at sentencing indicated that juveniles possessed at least two of the firearms prior to Noye filing a police report indicating that the guns had been stolen.  Information at sentencing further showed that, at the time of a search of Noye’s residence, officers found a scale and baggies consistent with the unlawful distribution of drugs.          

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

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

Noye was released on the bond previously set and is to surrender to the United States Marshal on February 12, 2020. 

The case was prosecuted by Assistant United States Attorney Jacob Schunk and investigated by the Marion Police Department. 

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

The case file number is 19-CR-078-CJW.

Follow us on Twitter @USAO_NDIA.

A Dakota City, Iowa man was sentenced January 30, 2020 to more than six years in federal prison for unlawfully possessing a gun and ammunition.

Christopher Powell, age 39, from Dakota City, Iowa, received the prison term after a June 17, 2019 guilty plea to possession of a firearm and ammunition by a prohibited person.

Information provided by the United States at the court hearings in the case revealed Powell’s crime was discovered when, while he was pheasant hunting, he fired dangerously close to a home, and a school bus that was offloading a young child.  An off-duty deputy, waiting to collect his child from the school bus, confronted Powell and discovered he had been using methamphetamine while hunting.  A review of Powell’s criminal history revealed he was a four-time felon, including a conviction for Burglary in the Third Degree, and was a domestic abuse misdemeanant.  Additional investigation revealed Powell attempted to subvert the law prohibiting felons, drug users, and domestic abusers from lawfully possessing firearms, by directing his wife to purchase his gun. 

Powell was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Powell was sentenced to 73 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.

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

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

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

The case was investigated by the O’Brien County Sheriff’s Office 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 19-4009.  Follow us on Twitter @USAO_NDIA.

“In their continual display of greed without remorse, drug cartels have exploited the American opioid crisis for profit.  In the past five years, cartels have expanded from producing heroin to even more potent substances like fentanyl.  And then to fentanyl-like substances.  Fentanyl is 30 to 50 times more potent than heroin.  These fentanyl-like substances are often even more potent than fentanyl and are usually cheaper or easier to manufacture than fentanyl and heroin.

“A significant tool in the fight against cartel greed and violence is set to expire February 6, 2020, unless Congress acts soon.  This tool is a federal regulation that made all fentanyl-related substances controlled substances.  The fatal consequences of these regulated substances and cartel greed are not only felt in border-states or major cities.  These substances have been involved in dozens of overdose deaths in Iowa since 2015.  The existence of a clear, direct regulation of fentanyl-related substances has no doubt slowed their production and proliferation.  Allowing the regulation to expire risks emboldening cartels to expand production of these substances.

“My office has been aggressive in prosecuting cases involving fentanyl-related substances.  We have prosecuted over a dozen such cases since 2016 and many more involving heroin and fentanyl.  Several of those cases have involved overdose deaths from people using mere crumbs of these deadly substances.  We firmly believe that recovery is possible for those struggling with opioid addiction.  Sadly, these fentanyl-related substances have cut short the opportunity for recovery for too many Iowans.

“Law enforcement needs effective tools to combat this evolving and deadly challenge.  The soon-expiring regulation removes critical roadblocks to prosecuting those who distribute these fentanyl‑related substances.  Now is not the time to give profit-seeking cartels additional incentive to produce even more addictive and deadly drugs to sell to Americans.  Congress must take action immediately to extend the ban on these deadly drugs.  I strongly urge Congress to do so before a new wave of more addictive and even deadlier drugs hits the American streets.” 

A man and woman who conspired to distribute methamphetamine were each sentenced to more than 5 years in federal prison.

Adam Holbrook, 34, and Stephanie Holbrook, 33, from Sioux City, Iowa, received the prison terms after a September 23, 2019, and October 16, 2019, guilty pleas to conspiracy to distribute methamphetamine and distribution of methamphetamine.

At their respective plea hearings, both admitted that from about September 2018 through April 2019, they and others conspired to distribute more than three pounds of methamphetamine in Woodbury County, Iowa area.  On four separate occasions they distributed nearly one pound of pure methamphetamine (in total) to an individual cooperating with law enforcement.  Then on April 17, 2019, after Adam Holbrook helped arrange for a half-pound pound methamphetamine transaction, Stephanie Holbrook was caught with nearly a half-pound of pure methamphetamine.

Each were sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Adam Holbrook was sentenced to 61 months’ imprisonment.  Stephanie Holbrook was sentenced to 90 months’ imprisonment.  They each must also serve a 3-year term of supervised release after their prison terms.  There is no parole in the federal system.  Both are being held in the United States Marshal’s custody until they can be transported to a federal prison.

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

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

The case file number is 19-4029.  Follow us on Twitter @USAO_NDIA.

A Vinton man was sentenced today to seven years in federal prison.

Anthony Hill, age 29, from Vinton, Iowa, received the prison term after an October 17, 2019 guilty plea to possession of a firearm by a prohibited person.  Hill admitted to being a methamphetamine user and convicted felon when in possession of a gun.  Hill had a prior felony conviction involving the manufacture of methamphetamine.

Information in earlier court filings showed that during September 2019, Hill was seen shoplifting at a store and hiding the items in a bag in the parking lot.  Police recovered the bag and found a handgun with an obliterated serial number inside.  Hill was located getting into a car and a short chase followed.  After Hill’s arrest, he admitted using methamphetamine earlier in the day.  Hill was previously convicted of multiple felony offenses related to manufacturing methamphetamine in a single state case in 2011.  Previous court filings showed officers also had evidence to suggest Hill was also involved in the distribution of methamphetamine.

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

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

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

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

The case was prosecuted by Assistant United States Attorney Emily K. Nydle and investigated by the Cedar Rapids Police Department and the Drug Enforcement Administration (DEA) with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). 

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

The case file number is 19-cr-00097.

Follow us on Twitter @USAO_NDIA.

A Mexican man who possessed false identification documents was sentenced today to five months in federal prison.

Ivan Ruiz-Nino, age 39, a citizen of Mexico illegally present in the United States and living in West Liberty, Iowa, received the prison term after a September 19, 2019, guilty plea to one count of unlawful possession of identification documents.

In a plea agreement, Ruiz-Nino admitted that in February 2019, he possessed and used a fraudulent social security card and a fraudulent permanent resident card, also known as a “green card,” when completing paperwork to obtain employment in Stanwood, Iowa.  The account numbers on the identification documents were assigned to other people.

Ruiz-Nino was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Ruiz-Nino was sentenced to five 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.

Ruiz-Nino 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-77.

Follow us on Twitter @USAO_NDIA.

A man who entered the United States illegally from Guatemala and used a fraudulent social security card to obtain employment was sentenced on January 28, 2020, to time served of 168 days.

Ismael Lopez-Lopez, age 26, from Guatemala, received the sentence after an October 3, 2019, guilty plea to one count of illegal re-entry and a December 3, 2019, guilty plea to one count of misuse of a social security number.

At the guilty plea hearings, Lopez-Lopez admitted he had illegally entered the United States from Guatemala in 2016, and subsequently used a fraudulent social security card to obtain employment.  On August 9, 2019, defendant was arrested in Sioux County, Iowa, for a traffic offense.  Fingerprints were obtained from Lopez-Lopez, and it was determined that he had previously been deported and was in the U.S. illegally.  Lopez-Lopez provided law enforcement with the name of his employer in Rock Valley.  After an official check of social security records, it was discovered the social security number Lopez-Lopez used in applying for the job was assigned to someone other than Lopez-Lopez.

Lopez-Lopez was sentenced to time served in Sioux City by United States District Court Judge Leonard T. Strand. 

The case was prosecuted by Assistant United States Attorney Kevin C. Fletcher and investigated by Enforcement and Removal Office of the Immigration and Customs Enforcement Bureau.

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

The case file numbers are 19-CR-04050 and 19-CR-04080.

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 A man who conspired to distribute methamphetamine was sentenced January 27, 2020, to 7 years in federal prison.

Bradley McPeek, Sr., 60, from Sioux City, Iowa, received the prison term after an August 19, 2019, guilty plea to conspiring to distribute methamphetamine within a protected location.

At the guilty plea hearing, McPeek admitted that from about July, 2017 through December, 2018 he participated in the distribution of more than 1.5 kilograms of methamphetamine in Sioux City.  McPeek admitted that his conspiracy involved two people who regularly traveled to Omaha, NE, obtained multiple ounces up to pounds of methamphetamine, and brought it back to McPeek’s residence in Sioux City where it was split up and distributed to others.  McPeek’s residence was within 1000 feet of Cook Park and he and others often had guns at the residence.  

McPeek was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  McPeek was sentenced to 84 months’ imprisonment.  He must also serve a 6-year term of supervised release after the prison term.  There is no parole in the federal system.  McPeek 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 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 19-4003.  Follow us on Twitter @USAO_NDIA.

A Sioux City man was sentenced January 23, 2020, to more than three years in federal prison.

Antwon Holeyfield, age 25, from Sioux City, Iowa, received the prison term after an August 12, 2019, guilty plea to one count of conspiracy to possess stolen firearms and one count of possession of stolen firearms.

Information presented by the United States at the detention, change of plea, and sentencing hearings revealed, on November 26, 2018, Holeyfiled and others burglarized a rural Woodbury County, Iowa, home and sold guns stolen from that home to people in at least two other states.  The guns were concealed until about February 16, 2019, when they were sold, traded or given to people from Iowa, Illinois, and South Dakota.  Firearms were recovered in Sioux City, Iowa, rural South Dakota, and Chicago, Illinois.   

Holeyfield was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Holeyfield was sentenced to 42 months’ imprisonment.  He was ordered to make $7,522.75 in restitution. He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

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

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

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

The case was investigated by the Sioux City 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 19-4027.

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A nurse who tampered with drugs given to patients and stole pain medications from patients in her care was sentenced today to 4 years in federal prison.

Katie Louise Boll, age 31, from Manchester, Iowa, received the prison term after a September 3, 2019, guilty plea to one count of tampering with a consumer product, specifically liquid morphine prescribed to a patient, and one count of acquiring a controlled substance by misrepresentation, fraud, deception and subterfuge.

In a plea agreement, Boll admitted she unlawfully acquired controlled substances including hydrocodone, morphine, oxycodone, codeine, and tramadol, from at least fourteen patients in her care at a nursing home by acquiring the pills by misrepresentation, fraud, deception and subterfuge.  Boll also admitted tampering with a consumer product by diluting liquid morphine with mouthwash so the morphine was less than 2% of the strength listed on the bottle.  Boll admitted that by reducing the strength of this pain medication was in reckless disregard and manifested an extreme indifference for the risk that her patient would be placed in danger of receiving bodily injury, including increased pain.

Boll was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Boll was sentenced to 48 months’ imprisonment.  She was ordered to make $593.22 in restitution to the victims in her case, including Medicare, Medicaid and individual victims for the cost of the stolen drugs.  She was also ordered to forfeit her nursing license.  Boll must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

“Unscrupulous healthcare providers who steal patient medications hurt those vulnerable patients they have promised to help.  This office will always stand ready to protect our most vulnerable members of society,” said United States Attorney Peter E. Deegan, Jr.  “We especially thank the Food and Drug Administration Office of Criminal Investigations and the Iowa Medicaid Fraud Control Unit for their outstanding work investigating these cases.”

“Patients must have confidence in their health care provider that they are receiving appropriate medical care,” said Special Agent in Charge Charles L. Grinstead, FDA Office of Criminal Investigations Kansas City Field Office. “We are committed to working with our law enforcement partners to protect the public health and bring to justice those who tamper with medications and deny patients access to the treatments they need.”

Boll 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 Patrick Reinert and was investigated by the Medicaid Fraud Control Unit of the Iowa Department of Inspections and Appeals and the United States Food and Drug Administration Office of Criminal Investigations. 

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

The case file number is 19-CR-2044.

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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.

Eduardo Sierra-Montes, age 46, a citizen of Mexico illegally present in the United States and residing in West Liberty, Iowa, received the prison term after a December 4, 2019, guilty plea to one count of illegal reentry into the United States.

At the guilty plea, Sierra-Montes admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government.  Sierra-Montes was deported in February 2014 and again in April 2014.

On November 13, 2019, Sierra-Montes came to the attention of immigration agents in the parking lot outside the ICE office in Cedar Rapids.  After admitting being illegally in the United States, Sierra-Montes fled on foot after being asked to step out of the vehicle.  When he was apprehended a short distance away, immigration agents found a work identification card on Sierra-Montes bearing a different name.  Further investigation showed that Sierra-Montes had been illegally working in West Liberty, Iowa, since October 2018, using the name and social security number of another person.

Sierra-Montes has a prior conviction for domestic violence in Kalamazoo County, Michigan in 1999.  He also has a prior conviction for retail theft in Rock Island County, Illinois in 2004 where he was convicted under a different alias name.

Sierra-Montes was sentenced in Cedar Rapids by United States three 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.

Sierra-Montes 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-125.

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A man who possessed child pornography was sentenced on January 27, 2020, to 7 years in federal prison.

Raymond Painter, Jr., age 31, from Laurens, Iowa, received the prison term after an August 19, 2019, guilty plea to one count of possession of child pornography.

In a plea agreement, Painter admitted that between April 15, 2013 and November 27, 2017, he possessed images and videos of child pornography. During the sentencing hearing, information was presented from Painter’s Google account that revealed online conversations between Painter and another individual during which Painter expressed a desire to have sex with very young girls, specifically girls between six and 11 years old.  

Painter was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Painter was sentenced to 84 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.

Painter 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 Timothy Duax and investigated by the Iowa Division of Criminal Investigation, the Iowa Crimes Against Children Task Force, the Laurens, Iowa Police Department and the Pocahontas County Sheriff’s Department.

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

The case file number is 19-CR-3023.

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A man who admitted selling drugs in the Northern District of Iowa was sentenced today to more than 19 ½ years in federal prison.

David Anthony Vargas, age 48, from Winthrop, Iowa, received the prison term after a September 3, 2019, guilty plea to conspiracy to distribute a controlled substance.

In a plea agreement, Vargas admitted he worked with at least one other person to distribute methamphetamine in the Northern District of Iowa and elsewhere.  Vargas admitted selling drugs to another person on three occasions totaling more than 180 grams of pure methamphetamine.  Officers recovered another 386.2 grams of pure methamphetamine in Vargas’s possession when he was arrested in Burlington, Iowa, and additional methamphetamine at his residence in Winthrop, Iowa.  Vargas was previously convicted in state court of possession with intent to deliver methamphetamine in 2007.

Vargas was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Vargas was sentenced to 235 months’ imprisonment.  He must also serve a ten-year term of supervised release after the prison term.  There is no parole in the federal system.

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

The case was prosecuted by Assistant United States Attorney Emily K. Nydle and investigated by the Iowa Division of Narcotics Enforcement, the Buchanan County Sheriff’s Department, the Dubuque County Sheriff’s Department, the Independence Police Department, the Iowa State Patrol, the Oelwein Police Department, the Urbana Police Department, the Des Moines County Sheriff’s Department, the Tri-County Drug Task Force, the Federal Bureau of Investigation (FBI), and the Drug Enforcement Administration (DEA). 

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

The case file number is 19-cr-02043.

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A man who possessed a gun while unlawfully using two drugs was sentenced January 27, 2020, to more than one year in federal prison.

Daniel Yaeshur Rhone, age 25, from Cedar Rapids, Iowa, received the prison term after a September 24, 2019 guilty plea to possession of a firearm by an unlawful user of controlled substances.

Evidence at a prior hearing in this case showed that Dubuque police officers received information that Rhone had a gun and was using ecstasy.  Officers obtained a search warrant while Rhone was visiting family in Dubuque, searched a residence, and recovered a gun belonging to Rhone.  Rhone later tested positive for amphetamines and marijuana.  

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

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

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

The case was prosecuted by Assistant United States Attorney Kyndra Lundquist and investigated by 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-1029.

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A man who illegally possessed guns was sentenced January 27, 2020, to more than 6 years in federal prison.

Christopher Johnson, 45, from Dayton, Iowa, received the prison term after an October 17, 2019, guilty plea to possession of firearms by a felon.  Johnson was previously convicted of manufacture of methamphetamine and/or possession with intent to manufacture methamphetamine, a felony, in August of 2001, in Boone County, Iowa.

At the guilty plea hearing, Johnson admitted that on May 28, 2017, in Webster County, Iowa, law enforcement officers were dispatched to a residence in Dayton, Iowa, on reports of a suspicious person (later identified as Johnson) at the residence possibly stalking the female occupant.  Law enforcement officers located Johnson nearby (at a residence where Johnson was known to reside) in a barn.  Law enforcement officers located and seized two guns, namely a Ruger .22 caliber pistol and a Jimenez Arms .22 caliber pistol, along with some .22 caliber ammunition from Johnson.  Johnson was previously convicted of assault with a dangerous weapon (chainsaw), an aggravated misdemeanor, in 2012, in Calhoun County, Iowa.

Johnson was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Johnson was sentenced to 78 months’ imprisonment.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.  Johnson is being held in the United States Marshal’s custody until he can be transported to a federal prison.

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

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: Dayton Police Department, Webster County Sheriff’s Office, and Bureau of Alcohol, Tobacco, Firearms, and Explosives. 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 Dayton Police Department, Webster County Sheriff’s Office, and Bureau of Alcohol, Tobacco, Firearms, and Explosives. 

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

The case file number is 17-3028. 

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A man who illegally possessed a gun was sentenced January 23, 2020, to more than three years in federal prison.

Adrian Gomez, age 24, from Sioux City, Iowa, received the prison term after a September 13, 2019, guilty plea to being a felon, drug user and domestic abuse misdemeanant in possession of a firearm. 

Evidenced produced by the United States at the detention, change of plea, and sentencing hearings revealed Gomez was prohibited from possessing firearms because he had previously been convicted of three felony crimes of burglary in Nebraska and Iowa.  He was also prohibited from possessing guns because he had previously been convicted of domestic abuse assault in Iowa, and he was a user of illegal drugs.  Each of these three facts precluded Gomez from lawfully possessing firearms.

Gomez’s unlawful possession was discovered when law enforcement were called with report of home burglary that resulted in a safe being dragged into an alley by the would-be burglars.  Law enforcement found the locked safe and followed a drag-path back to the home it came from.

Subsequent investigations revealed a handgun, a loaded handgun magazine, and $4,044 in cash, in the safe. Evidence also showed Gomez had distributed marijuana.  Gomez attempted to obstruct the investigation by asking a witness to lie to enforcement and claim that she owed the firearm in the safe and that Gomez had no knowledge of it.  This effort failed, and it was determined that not only did Gomez possess the firearm in the safe, but that he had also possessed a rifle in the past, with which he threatened another. 

Gomez was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Gomez was sentenced to 37 months’ imprisonment.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

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

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

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

The case was investigated by the Sioux City 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 19-4042.

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

Fernando Hernandez-Correa, age 28, a citizen of Mexico illegally present in the United States and residing in Sioux City, Iowa, received the prison term after a November 21, 2019, guilty plea to one count of illegal reentry into the United States.

At the guilty plea, Hernandez-Correa admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government.  Hernandez-Correa voluntarily returned to Mexico in January 2017 following an arrest in Texas for driving while intoxicated.  Hernandez-Correa was deported in July 2017 after illegally entering the United States in June 2017.  

On October 30, 2019, Hernandez-Correa and other illegal aliens came to the attention of immigration agents following a traffic stop on Interstate 80 near Wilton, Iowa, for a commercial vehicle violation. 

Hernandez-Correa was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Hernandez-Correa was sentenced to 82 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.

Hernandez-Correa 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-120.

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A woman who voluntarily participated in the robbery of a bank was sentenced today to more than two years in federal prison.

Karen Merrick, age 36, from Sioux City, Iowa, received the prison term after a September 10, 2019, guilty plea to being an accessory after the fact to bank robbery.

Information provided by the United States at Merrick’s change of plea, detention, and sentencing hearings, revealed Merrick knew Phillip White had just robbed the Iowa State Bank in Le Mars, Iowa on December 12, 2018, when she chose to help him escape the crime scene.  Merrick, despite driving a U-Haul, led officers on a dangerous, 20-mile, car-chase, that reached speeds of 70 miles per hour.  She ran an intersection, endangered other motorists and pedestrians, and was only brought to a stop, when officers used stop-sticks to destroy her wheels.  In fact, even after her tires were deflated, she continued to flee in the vehicle for a couple more miles until she lost control of the van.

Merrick had a significant history of criminal behavior and substance abuse, and had been convicted of assaultive conduct, escape, and interference with official acts prior to the present offense.    

Merrick was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Merrick was sentenced to 30 months’ imprisonment.  She was ordered to make $21,223,11 in restitution to Iowa State Bank in Le Mars, Iowa and to U-Haul of Sioux City, Iowa.  She must also serve a two-year term of supervised release after the prison term.  There is no parole in the federal system. 

White, whose crime spree included not only a bank robbery but also a robbery of a taxi cab two months before, was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand, on November 22, 2019, to 144 months’ imprisonment.  He was ordered to make $21,503.11 in restitution.  He must also serve a 3-year term of supervised release after the prison term.

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

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

The case was investigated by the Federal Bureau of Investigation, the Iowa State Patrol, the Plymouth County Sherriff’s Office, and the Le Mars and Sioux City, Iowa Police Departments.  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 19-4012.

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A convicted felon who unlawfully possessed a gun was sentenced January 3, 2020, to 21 months in federal prison.

Matthew Fowler, age 32, from Bradgate, IA, received the prison term after an August 20, 2019, guilty plea to one count of possession of a firearm by a felon.  Fowler was previously convicted of leaving the scene of an accident where death resulted in Iowa. 

Evidence produced during the change of plea and sentencing hearings revealed on or about February 20, 2019, when Fowler’s wife threatened to leave him, Fowler reacted by physically pushing and choking his wife, eventually pushing her outside into the snow. He held the gun to his head and threatened to kill himself if she left.  He also, locked his wife outside of the home separating her from himself and the couple’s infant child. 

It was in responding to this domestic disturbance that law enforcement discovered Fowler was a felon and unlawfully in possession of a gun. 

Fowler was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Fowler was sentenced to 21 months’ imprisonment. Henry must also serve a two-year term of supervised release after the prison term. There is no parole in the federal system.

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

The case was investigated by the Humboldt County Sheriff’s Office 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-CR-3022.

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A Waterloo man who escaped from a Waterloo halfway house and spent over two weeks on the lam was convicted after a half-hour bench trial in federal court in Cedar Rapids.  Lonnel Porter, age 35, from Waterloo, Iowa, was convicted of one count of escape from custody.  The verdict was returned on January 16, 2020.

The evidence at trial and prior court proceedings showed that, in 2009, Porter was convicted in federal court of possessing a firearm as a felon after an incident wherein he displayed an assault-rifle during a neighborhood dispute.  At that time, Porter had prior convictions for burglary, domestic assault causing injury, and false imprisonment.  Porter was sentenced in 2009 to nearly nine years in prison and three years of supervised release.  In 2012, while an inmate in federal prison, Porter was sentenced to an additional two years of prison after assaulting a correctional officer and causing injury to the officer.  When Porter was released from prison in 2019, he was required to spend time at a local halfway house, the Waterloo Residential Reentry Center (WRRC), with work-release privileges.  On September 16, 2019, about six weeks after he arrived at the WRRC, Porter signed out for his job, left the WRRC, and never returned.  When Porter’s probation officer called Porter on the telephone and instructed him to return to the WRRC, Porter refused to do so and would not reveal his location.  On October 2, 2019, the United States Marshal’s Service arrested Porter, and Porter was returned to prison for 14 months for violating the terms of his supervised release.

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

The case is being prosecuted by Assistant United States Attorney Tim Vavricek and was investigated by the United States Marshal’s Service. 

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

The case file number is 19-CR-2069.

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A man who sold cocaine and possessed twenty firearms, including machineguns and a pipe bomb, in downtown Cedar Rapids, pled guilty January 17, 2020, in federal court in Cedar Rapids.

Raven Damien Meader Burkhow, age 25, from Cedar Rapids, Iowa, pled guilty to conspiracy to distribute a controlled substance, two counts of use and possession of a firearm during and in furtherance of a drug trafficking crime, possession of a sawed-off shotgun in furtherance of a drug trafficking crime, possession of machineguns, and possession of an unregistered pipe bomb.

Evidence at a previous hearing in this case showed that Burkhow sold cocaine on five occasions.  Burkhow also sold a gun without a serial number, known as a “ghost gun,” with a silencer and a machinegun.  Burkhow sold the cocaine and guns from the doorway of his apartment building in downtown Cedar Rapids.  Law enforcement later searched his apartment.  Officers seized twenty firearms, including machineguns, a sawed-off shotgun, and a pipe bomb; cocaine; silencers; and thousands of rounds of ammunition in late April and early May 2019.  As part of his plea, Burkhow also agreed to forfeit items named in the indictment, including $177,720 in cash, six gold bars valued at approximately $5,522.50, firearms, and ammunition, which were seized in connection with the case.     

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Burkhow remains in custody of the United States Marshal pending sentencing.  Burkhow faces a mandatory minimum sentence of 25 years’ imprisonment and a possible maximum sentence of life imprisonment, a $6,010,000 fine, and up to a lifetime term of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorneys Kyndra Lundquist and Richard Murphy and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Iowa Division of Narcotics Enforcement.

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

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

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

The case file number is 19-CR-59.

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A woman who illegally possessed ice methamphetamine with the intent to distribute near a park was sentenced to five years in federal prison.

Robin Kinney, age 59, from Manchester, Iowa received the prison term after a September 25, 2019 guilty plea to possession with intent to distribute a controlled substance near a protected location.  Kinney was found near Central Park in Manchester, Iowa, with a purse containing over 18 grams of pure methamphetamine, a glass pipe, spoon, syringes and plastic baggies.  Her cell phone reflected incoming and outgoing text messages related to the purchase, sale and distribution of methamphetamine.  She had previously been convicted of multiple narcotics related offenses.  

Kinney was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand.  Kinney was sentenced to 60 months’ imprisonment.  She must also serve an eight-year term of supervised release after the prison term.  There is no parole in the federal system.

Kinney 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 Elizabeth Dupuich and was investigated by the Manchester Police Department.

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

The case file number is 19-cr-2050-LTS.

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A man who used another person’s name and Social Security number to get a job was sentenced today to over two months in federal prison.

Jose Hernandez-Benitez, age 32, a citizen of Mexico illegally present in the United States and residing in Waterloo, Iowa, received the prison term after a December 5, 2019, guilty plea to one count of misuse of a social security number.

In a plea agreement, Hernandez-Benitez admitted that on March 25, 2018, he used someone else’s name and social security number on employment forms and state and federal tax forms when applying for work in Waterloo, Iowa.  Hernandez-Benitez worked under that person’s name until he was arrested by immigration officials on October 22, 2019, after they stopped a vehicle leaving the business believed to contain individuals in the United States illegally.  Hernandez-Benitez admitted to being in the United States illegally.

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

Hernandez-Benitez 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-2071.

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A Dubuque man who illegally possessed a firearm while conducting narcotics sales out of an apartment in Dubuque was sentenced to more than five years in federal prison.

Michael Angelo Burdunice Jr., age 24, from Dubuque, Iowa, received the prison term after an August 21, 2019 guilty plea to being a prohibited person in possession of a firearm.  A search warrant executed at defendant’s residence, which he shared with his girlfriend and two young children, reflected a loaded 9 mm Glock handgun with an extended magazine and obliterated serial number.  Additional items recovered included narcotics, digital scales, baggies, packaging materials and a large amount of U.S. currency.  

Burdunice Jr. was sentenced in Cedar Rapids by United States District Court C.J. Williams.  Burdunce Jr. 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.

Burdunice Jr. 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 Elizabeth Dupuich and investigated by the Dubuque Drug Task Force, the Iowa Division of Narcotics Enforcement and the Bureau of Alcohol, Tobacco, Firearms and Explosives. 

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

The case file number is 19-CR-1025-CJW.

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Dr. Joseph X. Latella, a primary care doctor in Webster City, Iowa, was sentenced today to two months in prison and to pay a fine after previously pleading guilty to making false statements related to health care matters.  Dr. Latella has also agreed to pay $316,438.96 to resolve False Claims Act allegations relating to claims he submitted for routine visits for nursing facility residents between January 1, 2014, and November 30, 2018.  The United States alleged that Dr. Latella submitted claims to Medicare and Medicaid for the most intensive and expensive claim code for such visits when, in fact, he was not performing services sufficient to justify use of that code.

Dr. Latella admitted in a plea agreement that, in June 2018, the United States Attorney for the Northern District of Iowa was conducting a civil investigation about concerns that Dr. Latella was “upcoding” claims submitted to Medicare and Medicaid and billing for more intensive visits with patients at Webster City area nursing homes than he had performed.  The United States Attorney’s investigation indicated that Dr. Latella was billing over 93% of his nursing home visits to Medicare under the most intensive and expensive claim code.  For these claims to be valid, a doctor typically must spend 35 minutes at the patient’s bedside and on the patient’s facility floor or unit.  Medicare paid more than $94 for these claims, but would only have paid no more than $32 if the least expensive claim code, for routine ten minute visits, had been billed.  In July 2016, a Medicare contractor sent Dr. Latella a letter warning him that his billing patterns were significantly more expensive than other doctors. 

In July 2018, Dr. Latella submitted sworn written answers to the United States Attorney, in which Dr. Latella falsely declared that, with respect to certain Medicare claims in 2017 and 2018, he had spent approximately 35 minutes for each of 12 patients’ care at two nursing homes.  With respect to one particular date in October 2017, Dr. Latella falsely swore he “started visiting the nursing home patients at 7:30 a.m. and completed my visits with each patient at approximately 5:30 p.m.”  In truth, a federal agent had conducted in-person surveillance of Dr. Latella on that date, and Dr. Latella only was on site at the first nursing home for a total of 47 minutes and did not visit the second nursing home at all on that date.  The administrator of the first nursing home estimated that Dr. Latella spent approximately five minutes with each nursing home patient during his visits to that nursing home. 

Dr. Latella made further false statements about claims in January and February 2018, which the Medicaid Fraud Control Unit discovered through videotaped surveillance.  For example, Dr. Latella billed nine claims for services allegedly provided to nine Medicare patients, on February 2, 2018, at a nursing home, but the surveillance showed that Dr. Latella was only on site at the nursing home for a total of 14 minutes.

Dr. Latella provided the United States Attorney with fraudulent, re-created treatment notes in order to cover up his overbilling scheme.  Dr. Latella’s staff had a practice of shredding all notes for all nursing home patients immediately after billing the taxpayers for those services; at the time of the audit, therefore, Dr. Latella had no records of any of the treatment he had ever provided to patients at the nursing homes.  To re-create the notes, Dr. Latella contacted the nursing home administrators and nursing managers of various nursing homes and asked for copies of patients’ charts.  In truth, elderly residents of nursing homes did not receive the care for which taxpayers paid him, and these vulnerable nursing home residents’ family members cannot know whether and to what extent those nursing home residents received medical care from Dr. Latella over the years.

Dr. Latella was the medical director of two nursing homes at which he was billing fraudulently.  Dr. Latella also was the Hamilton County Coroner, provided services to inmates in the Hamilton County Jail and in the custody of the United States Marshal’s Service, and he also evaluated workers’ compensation claims for a major Webster City employer.

In total, Dr. Latella admitted that, between January 1, 2014, and November 30, 2018, he submitted 1,140 false claims to Medicare, which were not justified, and he was paid $107,980.59 by Medicare for those claims.  Dr. Latella also admitted that he caused Medicaid to make unjustified payments in the total amount of $9,218.73 for these claims.  As a part of his plea agreement, Dr. Latella has agreed to pay no less than $107,980.59 to Medicare and $9,218.73 to Medicaid for economic losses caused by his commission of the offense.

“Like all providers, doctors who treat Iowa’s elderly population have a duty to provide needed medical services and bill accurately for those services.  By his alleged actions, Dr. Latella scammed the healthcare system and left his elderly patients and their families wondering if the patients received care they needed,” said Peter E. Deegan, Jr., United States Attorney for the Northern District of Iowa.  “When our office’s civil investigators made an official inquiry into his billing practices, Dr. Latella tried to throw the government off the scent by lying and creating false records.  This settlement and prosecution demonstrate my office’s focus on ensuring Medicare and Medicaid beneficiaries receive the care to which they are entitled, public monies are well spent, and individuals or entities responding to my office’s civil investigative demands provide complete and truthful responses.”

“Government health care rules require bills be submitted only for services actually provided - anything more is fraudulent and a disservice to patients needing vital care,” said Curt L. Muller, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services.  “We will continue to protect the integrity of government health care programs and taxpayers funding these vital services by holding providers fully accountable.”   

The civil matter arose from an affirmative investigation. False Claims Act cases can also be brought under the qui tam provisions of the Act, which encourage whistleblowers to bring suit on behalf of the United States and share in any financial recovery.  The civil case was handled by Assistant United States Attorneys Melissa Carrington and Jacob Schunk.  The criminal case was prosecuted by Assistant United States Attorney Tim Vavricek.  The cases were investigated by the Department of Health and Human Services, Office of the Inspector General, and the Iowa Medicaid Fraud Control Unit. 

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

Daniel Espinosa-Rodriguez, age 24, a citizen of Mexico illegally present in the United States and residing in Coralville, Iowa, received the prison term after a September 23, 2019, guilty plea to one count of illegal reentry into the United States.

At his earlier guilty plea, Espinosa-Rodriguez admitted he had previously been deported from the United States three times and illegally reentered the United States without the permission of the United States government.  Espinosa-Rodriguez was first deported on April 5, 2017, following an arrest for aggravated assault in Texas.  Espinosa-Rodriguez was deported a second time on June 10, 2017, following a conviction for illegal entry into the United States which occurred on April 27, 2017, and a conviction for driving while intoxicated which occurred in September 2016.  Espinosa-Rodriguez was deported a third time in December 2017 after he illegally entered the United States on June 27, 2017.  Espinosa-Rodriguez was convicted of illegal entry into the United States a second time on June 29, 2017, and was sentenced to 180 days’ imprisonment which he served prior to being deported. 

On July 31, 2019, Espinosa-Rodriguez and other illegal aliens came to the attention of immigration agents following a traffic stop in Benton County, Iowa. 

Espinosa-Rodriguez was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand.  Espinosa-Rodriguez was sentenced to six 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.

Espinosa-Rodriguez 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-84.

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A man who escaped from his federal custody at a residential reentry center was sentenced today to another six months in prison.

Franklin Foster, age 27, from Waterloo, Iowa, received the prison term after an October 1, 2019, guilty plea to escape from custody. 

Foster has a long criminal history, including numerous convictions for theft and a conviction for attempted burglary.  Fosters’ first federal conviction and sentence of imprisonment was imposed on September 2, 2014, after he pled guilty to being a felon in possession of a firearm.  In that case, police attempted to stop Forster while he was driving a stolen car.  Foster sped away and led officers on a high speed chase through multiple counties.  He eventually stopped, but was then in an armed standoff for about an hour with officers.  After he surrendered, officers found three guns in his possession.  After pleading guilty to being a felon in possession of firearms, Foster was sentenced to 71 months in federal prison. 

On June 8, 2019, Foster was serving the end of his prison term at a residential reentry center in Waterloo, Iowa.  After being told he was going to be punished for violating the rules of the center, Foster left the center and never returned.  He was arrested by the United States Marshal’s Service eight days later.      

Foster was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand.  Foster was sentenced to six months’ imprisonment.  There is no parole in the federal system.

Foster 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 United States Marshals Service. 

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

The case file number is 19-CR-2057.

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