Northern District of Iowa

CEDAR RAPIDS, IA – ResMed Corp., a manufacturer of durable medical equipment (DME) based in San Diego, California, has agreed to pay more than $37.5 million to resolve alleged False Claims Act violations for paying kickbacks to DME suppliers, sleep labs and other health care providers, the Department of Justice announced today.   

“Paying any type of illegal remuneration to induce patient referrals undermines the integrity of our nation’s health care system,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division.  “When a patient receives a prescription for a device to treat a health care condition, the patient deserves to know that the device was selected based on quality of care considerations and not on unlawful payments from equipment manufacturers.”

The Anti-Kickback Statute prohibits the knowing and willful payment of any remuneration to induce the referral of services or items that are paid for by a federal healthcare program, such as Medicare, Medicaid or TRICARE.  Claims submitted to these programs in violation of the Anti-Kickback Statute give rise to liability under the False Claims Act.

The settlement resolves allegations that ResMed (a) provided DME companies with free telephone call center services and other free patient outreach services that enabled these companies to order resupplies for their patients with sleep apnea, (b) provided sleep labs with free and below-cost positive airway pressure masks and diagnostic machines, as well as free installation of these machines, (c) arranged for, and fully guaranteed the payments due on, interest-free loans that DME supplies acquired from third-party financial institutions for the purchase of ResMed equipment, and (d) provided non-sleep specialist physicians free home sleep testing devices referred to as “ApneaLink.”

“Illegal kickbacks in the federal healthcare system create an unfair marketplace and the potential that medical decisions are not based on what is best for patients,” said U.S. Attorney Peter E. Deegan, Jr., for the Northern District of Iowa.  “This settlement is another sign of our office’s dedication to fair and full enforcement of the False Claims Act.”

“This settlement represents another example of our district’s commitment to prosecuting violations of the False Claims Act and the Anti-Kickback Statute,” said Lance Crick, Acting U. S. Attorney for the District of South Carolina.  “Medical decisions should be based on what is in the best interest of the patient and not based on financial incentives and related schemes.”

“Medical decisions should always be made without outside influence caused by cash payments, free goods, or other types of illegal remuneration, and we will continue to take action to prevent attempts to induce medical decisions through illegal kickbacks,” declared Katherine L. Parker, Civil Chief, United States Attorney’s Office for the Southern District of California.  “We applaud the whistleblower for coming forward and notifying the United States.”

“When companies give free equipment to doctors for the sole purpose of generating business and increasing their bottom lines, federal health insurance programs should not foot the bills.  This case rights that alleged wrong by ResMed,” stated United States Attorney for the Eastern District of New York Richard P. Donoghue.  “We will continue to work with our law enforcement partners to hold accountable companies that put profits before patients.”

Contemporaneous with the civil settlement, ResMed entered into a Corporate Integrity Agreement (CIA) with the Department of Health and Human Services Office of Inspector General.  The CIA requires, among other things, that ResMed implement additional controls around its product pricing and sales and that ResMed conduct internal and external monitoring of its arrangements with referral sources.

The agreement resolves five lawsuits originally brought by whistleblowers under the qui tam, or whistleblower, provisions of the False Claims.  The False Claims Act permits private citizens with knowledge of fraud against the government to bring a lawsuit on behalf of the United States and to share in the recovery.  The whistleblowers will collectively receive a roughly $6.2 million share of the settlement.

“The government contended ResMed provided free goods and services to companies in order to sell more medical equipment bought by taxpayers,” said Derrick L. Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services.  “The OIG’s integrity agreement with ResMed is designed to ensure such alleged behavior will not be repeated.”

“I applaud the Department of Justice and the U.S. Attorneys' for their continued efforts to hold health care providers accountable to the American taxpayer," said Army Lt. Gen. Ron Place, director of the Defense Health Agency. “The efforts of the Department of Justice safeguard the health care benefit for our service members, veterans and their families. The Defense Health Agency continues to work closely with the Justice Department, and other state and federal agencies to investigate all those who participated in fraudulent practices.”

This settlement was the result of a coordinated effort by the Civil Division of the United States Department of Justice; the U.S. Attorney’s Offices for the District of South Carolina, the Southern District of California, the Northern District of Iowa, and the Eastern District of New York; the Department of Health and Human Services, Office of Counsel to the Inspector General and Office of Investigations; the Defense Criminal Investigative Service; the Defense Health Agency Office of General Counsel; the Federal Bureau of Investigation; and the National Association of Medicaid Fraud Control Units.  

The lawsuits resolved by this settlement are captioned United States, et al., ex rel. Ameer v. ResMed, Inc., et al., Case No. 2:15-CV-04842-MBS (D.S.C.); United States, et al., ex rel. Baker v. ResMed, Inc., et al., Case No. 3:16-CV-00987-MBS (D.S.C.); United States, et al., ex rel. Ross v. ResMed, Inc., Case No. 16-CV-1988-W (JLB) (S.D. Cal.); United States ex rel. Meyer v. ResMed, Inc., et al., Case No. 17-CV-12-MWB (N.D. Iowa); and United States, et al., ex rel. Ottavio, et al. v. ResMed, Inc., Case No. CV 17-5734 (E.D.N.Y.). 

The claims resolved by the settlement are allegations only, and there has been no determination of liability.  

A man who illegally possessed more than 60 firearms was sentenced January 13, 2020, to more than two years in federal prison. 

Greg Claude, 53, from Webster City, Iowa, received the prison term after an August 29, 2019, guilty plea to possession of firearms by a controlled substance abuser.

At the plea hearing, Claude admitted that he was a daily user of methamphetamine and that in May 2018 he was in possession of multiple firearms.  Evidence at the hearing also showed that after a burglary/arson investigation, which involved the theft of 150+ firearms in rural Calhoun County, Iowa, in early December 2017, law enforcement was made aware of Claude’s possession of several of the stolen firearms in May 2018.  During the execution of a search warrant and subsequent consent searches at Claude’s residence in May 2018, in Hamilton County, Iowa, law enforcement officers seized methamphetamine and methamphetamine pipe from Claude.  Law enforcement officers later seized 69 guns including 33 guns that had been stolen during the burglary/arson.   

Sentencing was held before United States District Court Chief Judge Leonard T. Strand.  Claude was sentenced to 30 months’ imprisonment and fined $10,000.  He must also serve a two-year term of supervised release after the prison term.  There is no parole in the federal system.  Claude remains in custody of the United States Marshal until he can be transported to a federal prison. 

The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Webster County, Iowa Sheriff’s Office, Calhoun County, Iowa Sheriff’s Office, and Hamilton County, Iowa Sheriff’s Office. 

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

The case file number is 19-3004.  Follow us on Twitter @USAO_NDIA.

A man who fired multiple rounds from a handgun at a group of people celebrating someone’s graduation was sentenced today to more than eleven years in federal prison.

Norris Wade Culver, Jr., age 34, from Dubuque, Iowa, received the prison term after an August 8, 2019 guilty plea to one count of being a prohibited person in possession of a firearm.

At the guilty plea, Culver admitted he had multiple felony convictions and domestic abuse convictions.  He further admitted to possessing a handgun on May 17, 2019, in Dubuque.  Information at sentencing disclosed that Culver left his house that night.  He then fired multiple rounds from a .45 caliber handgun towards a duplex across the street.  Numerous individuals were at the duplex celebrating a graduation.  Some of the people were outside.  Others, including at least three minor children, were inside.  Culver did not hit anyone with his shots, but did hit the siding of the duplex with three rounds.  The Dubuque Police Department responded and took Culver into custody. 

Culver has a long criminal history dating back to 2004, when he was convicted of aggravated unlawful use of a weapon at 18 years of age.  He then received multiple other convictions, including convictions for aggravated assault, domestic abuse assault, OWI, and attempted burglary.  In 2017, Culver was convicted in federal court of transporting undocumented aliens into Texas.  Culver was in a van that tried to smuggle four people through a border control point.  He was still on supervised release from that case at the time he fired the shots in May 2019. 

Culver was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Culver was sentenced to 110 months’ imprisonment for the new charge of being a prohibited person in possession of a firearm.  He must also serve a three-year term of supervised release after the prison term.  He was also sentenced to a consecutive 24 months’ imprisonment as a consequence of violating his supervised release conditions from the federal case out of Texas.  There is no parole in the federal system.  Culver is being held in the United States Marshal’s custody until he can be transported to a federal prison.

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

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

The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Dubuque Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Court file information is available at https://ecf.iand.uscourts.gov/.  The case file numbers are 19-CR-1022 and 19-CR-1039.

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

Diego Tomas-Mejia, age 22, a citizen of Guatemala illegally present in the United States and residing in Iowa, received the prison term after a November 21, 2019, guilty plea to one count of unlawful use of an identification document and one count of misuse of a social security number.

At the guilty plea, Tomas-Mejia admitted he used a fraudulent Social Security card when he completed employment and tax forms using someone else’s name and Social Security Number in January 2017 at a business in Tama, Iowa.

Tomas-Mejia was found by immigration agents in October 2019 at the Tama County Jail after he was arrested for public intoxication and providing a false name to law enforcement officers.  Immigration fingerprint records showed that Tomas-Mejia had illegally entered the United States in August 2014 and was released on bond by the U.S. Border Patrol.  Tomas-Mejia was ordered deported in absentia in December 2015 after he failed to appear for immigration proceedings and his whereabouts were unknown until the current arrest.

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

Tomas-Mejia 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-116.

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A woman who conspired to distribute methamphetamine was sentenced January 9, 2020, to more than 10 years in federal prison.

Corissa Schwartz, 39, from Wayne, Nebraska, received the prison term after a September 13, 2019, guilty plea to conspiracy to distribute methamphetamine.

At the guilty plea, Schwartz admitted that from October 2017 and continuing to about January 2018, she and others distributed nearly two pounds of pure methamphetamine in the Sioux City, Iowa area.  On two occasions in October 2017, Schwartz distributed over 26 grams of pure methamphetamine during controlled drug purchase operations with law enforcement. 

Schwartz was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  It was revealed at sentencing that Schwartz’s long criminal history included twenty-five convictions since 2004.  Schwartz was sentenced to 122 months’ imprisonment.  She must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.  Schwartz 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 Mikala Steenholdt and investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.   

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

The case file number is 18-4087. 

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A Mexican man who had been deported five times, illegally returned to the United States, and then used a false identification document to obtain a job was sentenced on January 10, 2020, today to twelve months in federal prison.

Jose Amayo-Hernandez, age 27, a citizen of Mexico illegally present in the United States and residing in Iowa, received the prison term after an October 3, 2019, guilty plea to one count of unlawful use of an identification document and one count of illegal reentry into the United States.

In a plea agreement, Amayo-Hernandez admitted he had previously been deported from the United States five times and that he illegally reentered the United States without the permission of the United States government.  Amayo-Hernandez was first deported in April 2013 following a conviction for illegal entry into the United States.  Amayo-Hernandez was deported a second time on November 15, 2013, following a second conviction for illegal entry into the United States.  He was again deported five days later on November 20, 2013, and again in September 2014.  Amayo-Hernandez was deported a fifth time in August 2015 following a July 2015 conviction in the United States District Court for the Western District of Texas for illegal reentry into the United States, a felony. 

Amayo-Hernandez also admitted he used a fraudulent permanent resident card, also known as a “green card,” when he completed employment forms in October 2016 and August 2019 at a business in Lansing, Iowa.  The Alien Registration number on the “green card” was issued to another person.  The Social Security account number used by Amayo-Hernandez on tax paperwork was issued to someone else. 

On August 19, 2019, Amayo-Hernandez came to the attention of immigration agents following his arrest on traffic charges in Clayton County, Iowa. 

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

Amayo-Hernandez 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-1031.

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An Iowa man caught with nearly four ounces of methamphetamine was sentenced today to just under 180 months in prison. 

Eric James Blumer, age 37, from Palo, Iowa, received the prison sentence after a July 22, 2019, guilty plea to the possession of methamphetamine with intent to distribute.

Information disclosed at sentencing and at a plea hearing showed that, in June 2017, Blumer was stopped by law enforcement officers while driving a vehicle in Linn County, Iowa.  Officers found nearly four ounces of “ice” methamphetamine in his vehicle.  Blumer admitted that he intended to sell the “ice”.  Blumer later admitted that, earlier in the day, he had possessed nearly a pound of “ice” methamphetamine, and he had just gotten rid of it prior to the traffic stop. 

Blumer has 14 prior criminal convictions.  His criminal history includes, but is not limited to, convictions for OWI, theft, escape, and possessing a firearm.  In 2003, Blumer was convicted and sentenced to prison for manufacturing methamphetamine. 

Blumer was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Blumer was sentenced to 179 months and 29 days’ imprisonment.  He must also serve a 10-year term of supervised release after the prison term.  There is no parole in the federal system

The case was prosecuted by Assistant United States Attorney Ashley Corkery and investigated by the Cedar Rapids Police Department, Johnson County Sheriff’s Department, Hiawatha Police Department, Linn County Sheriff’s Office, Johnson County Drug Task Force, Muscatine County Drug Task Force, United States Marshals, Drug Enforcement Administration, 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 18-CR-00083.

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A man who sold a rifle during an undercover operation was sentenced on January 10, 2020, to more than one year in federal prison.

Charles John Cizek, age 41, from Waterloo, Iowa, received the prison term after an August 20, 2019, guilty plea to being a felon in possession of a firearm.

In a plea agreement, Cizek admitted that on August 9, 2018, he sold a rifle to a confidential informant who was working with police.  Prior to the sale, Cizek and the informant discussed details about the transaction.  

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

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

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

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

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

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

The case file number is 19-cr-2015.

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A man who received child pornography was sentenced today to nine years in federal prison.

Derek Clemens, age 31, of Evansdale, Iowa, received the sentence after an August 5, 2019, guilty plea to one count of receipt of child pornography.  At the plea hearing, Clemens admitted that, between March 2018 and October 2018, he knowingly received child pornography.  In a plea agreement, Clemens also admitted that he possessed child pornography on a cell phone and a memory card, including depictions of prepubescent children.

Clemens was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Clemens was sentenced to 108 months’ imprisonment.  A special assessment of $100 was imposed, and he was ordered to make $3,000 in restitution to a victim depicted in videos he possessed.  Clemens must also serve a 10-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 Iowa Division of Criminal Investigation, Homeland Security Investigations, the Evansdale Police Department, the Black Hawk County Sheriff’s Office, and the Waterloo Police Department.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 19-2030.

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A man who illegally possessed a gun pled guilty January 9, 2020, in federal court in Sioux City.

Michael Wayne Holton, 32, from Mason City, Iowa, was convicted of possession of a firearm by a felon.  Holton was previously convicted of contraband in a correctional facility and domestic abuse assault, both in the Iowa District Court for Cerro Gordo County.

At the plea hearing, Holton pled guilty to being a felon in possession of a firearm.  Evidence in this case revealed that Holton admitted that on June 22, 2019, he grabbed the gun, a Taurus 9mm, from another person while outside of Kingz Lounge in Fort Dodge, Iowa and shot the gun multiple times near a crowd of people.

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

The case is being prosecuted by Assistant United States Attorney Mikala Steenholdt and was investigated by the Fort Dodge Police Department, Webster County Sheriff’s Office, and Iowa Department of Criminalistics Laboratory. 

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

The case file number is 19-3050. 

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A convicted sex offender who failed to register as required while living in Iowa for over a year was sentenced today to more than two years in federal prison.

Pollock Gerald Rush, Sr., age 49, last living in Cedar Rapids, Iowa, received the prison term after a June 26, 2019 guilty plea to one count of failing to register as a sex offender.

At the guilty plea, Rush admitted to failing to register as a sex offender while living in Iowa from March 2018 through April 2019.  Rush was required to register because he had previously been convicted of criminal sexual abuse using force in Illinois in 2014.  In that case, Rush sexually abused his minor stepdaughter and both physically assaulted her and threatened to kill her if she reported the abuse.  Rush has a lengthy criminal history, including convictions for attempted armed robbery in 1995 and domestic abuse assault in 2019.

Rush was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Rush was sentenced to 29 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.  Rush 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 Marshall’s Service. 

Court file information is available at https://ecf.iand.uscourts.gov/.  The case file number is 19-CR-43.

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A man who escaped from the custody of the Gerald R. Hinzman Residential Center in Cedar Rapids, Iowa, for the second time was sentenced on January 6, 2020, to more than a year in federal prison.

Jamie Goad, age 30, from Cedar Rapids, Iowa, received the prison term after an October 17, 2019 guilty plea to escape from custody. 

Goad’s first federal sentence of imprisonment was imposed on December 23, 2010, after he pled guilty to being a prohibited person in possession of a firearm.  While on supervised release in that case, Goad escaped from the custody of the Hinzman Center on December 11, 2013.  After he pled guilty to escape from custody, he was sentenced to prison in that case on August 25, 2014.  While on supervised release this time, he escaped from the Hinzman Center for the second time on January 8, 2019.     

Goad was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Goad was sentenced to 15 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.  Goad is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney 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-99.

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A convicted domestic abuser who beat and a strangled a woman and unlawfully possessed a gun was sentenced January 8, 2020, to more than a year in federal prison.

Charles Dwayne Carter, age 28, from Dubuque, Iowa, received the prison term after an August 6, 2019 guilty plea to possessing a firearm as a convicted domestic abuser.

In a plea agreement, Carter admitted he possessed a gun in August 2018.  Police discovered the gun while investigating a domestic incident.  Carter had assaulted the victim by striking her in the face and arms causing red marks, swelling, bruising, and pain.  He then grabbed a towel rack and struck her in the face causing a raised, red bump on her left eyebrow.  Carter also strangled her, causing her to “blackout” and hit her with a belt.  When the police arrived, they found Carter hiding in the trunk of the victim’s car. 

During the subsequent investigation, the police found a gun in Carter’s dresser drawer.  Carter was prohibited from possessing guns because he had two prior convictions for domestic abuse. 

Carter was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Carter was sentenced to 18 months’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

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

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

Carter 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 Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, and Firearms, the Dubuque Police Department, and the Dubuque County Sheriff’s Office. 

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

The case file number is 19-cr-1007.

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A man who attempted to run from cops and ditch the meth he was carrying was sentenced January 6, 2020, to more than ten years in federal prison.

Robert Ryan Lee Baer, age 43, from Cedar Rapids, Iowa, received the prison term after a July 26, 2019 guilty plea to possessing meth with the intent to distribute it.

In a plea agreement, Baer admitted discarding a glove which had a bag containing 109.89 grams of pure methamphetamine while he was running from the cops.  Baer has numerous previous state criminal convictions, including possessing methamphetamine with the intent to deliver, possessing contraband while confined, and another conviction for possessing a controlled substance.  Baer also has six convictions for theft and a forgery conviction.

Baer was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Baer 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.  Baer 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 Drug Enforcement Agency and the Cedar Rapids Police Department.

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

The case file number is 19-cr-00060.

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An Iowa man responsible for selling methamphetamine was sentenced January 8, 2020, to seven years in federal prison.

David Joe McVay, age 40, from Cedar Rapids, Iowa, received the prison sentence after a July 22, 2019 guilty plea to distribution of methamphetamine.

Information disclosed at sentencing and at his plea hearing showed that in March 2017, McVay sold methamphetamine to a confidential source.  Evidence also showed that McVay not only sold methamphetamine, but also manufactured it.  In total, he was involved with over a kilogram of methamphetamine.  At times, McVay made up to $4,000 a month in drug sales.  He also provided methamphetamine in exchange for Sudafed, a medication commonly used to manufacture methamphetamine.  McVay has a long criminal history, totally 26 adult criminal convictions. He has nine prior controlled substance convictions. 

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

The case was prosecuted by Assistant United States Attorney Ashley Corkery and investigated by the Vinton Police Department, Benton County Sheriff’s Office, Iowa Division of Narcotics Enforcement, Benton County Attorney’s Office, the

Bureau of Alcohol, Tobacco, Firearms and Explosives, Hiawatha Police Department, Cedar Rapids Police Department, Independence Police Department, Iowa Department of Correctional Services, Tama County Sheriff’s Office, and Sumner Police Department. 

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

The case file number is 19-CR-00051.

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A man who cut off his GPS ankle monitor while on release after pleading guilty to unlawfully possessing a silencer was sentenced January 6, 2020, to more than two years in federal prison.

Brett Scott Meana, age 44, from Newton, Iowa, received the prison term after a May 28, 2019 guilty plea to possessing an unregistered silencer.

Police were called to Meana’s residence following a domestic disturbance at his residence, during which he held a gun to his head and threatened to kill himself, later admitting he did not intend to kill himself, he just wanted a woman that was present to stop talking and judging him.  Police found an unregistered silencer at Meana’s residence that he had made himself previously.  Evidence at the sentencing hearing showed that after pleading guilty to possessing the unregistered silencer, Meana cutoff his GPS ankle monitor during June 2019.  Meana left the ankle monitor, his wallet, and phone on the side of the road.  He disappeared and was not heard from again for over a month.  He finally made contact with his family and was picked up in a field near Des Moines. 

Meana was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Carter was sentenced to 28 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

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

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

Meana 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 Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, and Firearms, the Dubuque Police Department, the Dubuque County Sheriff’s Office, 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 19-cr-1009.

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A man who previously worked as a professor was sentenced January 8, 2020, to more than seven years in federal prison.

Randall Mark Gilbert, age 61, from Marion, Iowa, received the prison term after a July 31, 2019 guilty plea to possession with intent to distribute methamphetamine near a protected location.

In a plea agreement, Gilbert admitted he possessed more than ten grams of meth within 1,000 feet of Lisbon High School.  Police found the meth in his home during a search.  After being arrested and getting out of jail, Gilbert went to the home of a man and woman.  After Gilbert entered, the man ran out of the house.  Gilbert cut a phone line and threatened the woman, who he believed had set him up, with a knife.  Gilbert forced the woman to go with him to his house.  Gilbert had previously worked as professor.

Gilbert was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Gilbert was sentenced to 85 months’ imprisonment.  He must also serve an eight-year term of supervised release after the prison term.  There is no parole in the federal system.

Gilbert 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 Lisbon Police Department, the Mt. Vernon Police Department, the Cedar County Sheriff’s Department, the Mechanicsville Police Department, and the Jones County Emergency Response Team.

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

The case file number is 19-CR-00064.

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An illegal user of methamphetamine and marijuana who left a sawed-off shotgun in the car, but carried a handgun into a hotel was sentenced January 8, 2020, to almost five years in federal prison.

Adrian Zarate, age 26, from Waterloo, Iowa, received the prison term after an August 21, 2019, guilty plea to unlawfully possessing a sawed-off shotgun.

At the guilty plea, Zarate admitted he illegally possessed a sawed-off shotgun that he knew had been cut short on October 11, 2018.  On that day, Zarate and his girlfriend drove her car to a hotel in Waterloo.  They went and checked into the hotel.  Zarate left the sawed-off shotgun in his girlfriend’s car.  The shotgun could be seen in the car from the outside.  Zarate and his girlfriend took a backpack with a handgun in it into the hotel.

Waterloo police received a tip that Zarate had the shotgun.  Officers located the car in the hotel parking lot, saw the sawed-off shotgun, and went to Zarate’s room.  Officers eventually searched the room and found the handgun, which had an obliterated serial number and was loaded with six bullets, two glass pipes with meth residue, shotgun shells, and a large knife.  Officers seized the sawed-off shotgun from the car.  They also found an axe, a machete, handgun magazines, and a digital scale with meth residue in the car.  Zarate later tested positive for meth and marijuana.

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

This case was brought as part of Project Safe 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.

Zarate 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 was investigated by a Federal Task Force composed of the Waterloo Police Department, Federal Bureau of Investigation, and Bureau of Alcohol Tobacco and Firearms assisted by the Black Hawk County Sheriff’s Office and Cedar Falls Police Department. 

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

The case file number is 18-cr-2073.

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A man who illegally possessed a firearm was sentenced January 6, 2020, to two years in federal prison.

Johnnie Raymond, age 22, from Dubuque, Iowa, received the prison term after a July 31, 2019 guilty plea to being a prohibited person in possession of a firearm.  Raymond unlawfully possessed a gun while riding as a passenger in a car.  He was prohibited from possessing firearms because he had been previously convicted of the felony crimes of gang participation and forgery in Dubuque County.  He was also prohibited from possessing guns because he was a drug user.

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

Raymond 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 Special Assistant United States Attorney Elizabeth Dupuich and investigated by 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-1019-CJW.

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A man who conspired to distribute methamphetamine while possessing a firearm was sentenced January 2, 2020, to 12 years in federal prison.

Jaime Candelario-Mercado, 38, from Webster City, Iowa, received the prison term after an August 28, 2019, guilty plea to conspiracy to distribute methamphetamine, possession with intent to distribute methamphetamine and possession of a firearm in furtherance of drug trafficking crimes.  

At the guilty plea hearing, Candelario-Mercado admitted that from about April 2018 through January 2019, he and others conspired to distribute more than sixteen pounds of methamphetamine in the Webster City and Eagle Grove area.  In June 2018, he was arrested along with another person with about 2 ounces of marijuana, 2 ounces of methamphetamine and a loaded handgun.  On six separate occasions in January 2019, Candelario-Mercado and another distributed over 190 grams of pure methamphetamine to individuals cooperating with law enforcement.  Defendant further admitted that he possessed a gun during his distribution of methamphetamine to protect his person, money and drugs.    

Candelario-Mercado was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Candelario-Mercado was sentenced to 144 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.  Candelario-Mercado is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Iowa Division of Narcotics Enforcement, Wright County, Iowa Sheriff’s Office, and Iowa Division of Criminal Investigations.

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

The case file number is 19-3005. 

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Three Fort Dodge men who conspired to distribute methamphetamine and illegally possessed stolen guns pled guilty in federal court in Sioux City.

Marcus Swan, 29, pled guilty December 31, 2019, Lucas Osborne, 30, pled guilty August 20, 2019, and Kenneth Petersen, 41, pled guilty on September 10, 2019.  Each pled guilty to one count of conspiracy to distribute methamphetamine and one count of possession of stolen firearms. 

At their respective plea hearings, each admitted to distributing at least 100 grams of pure methamphetamine in the Fort Dodge, area from October 2018 through February 2019.  Evidence also showed that together they possessed five guns that had been stolen during a burglary in Kossuth County, Iowa.  Swan and Petersen were also prohibited from possessing guns based on their prior felony convictions.  Osborne was an unlawful user of methamphetamine and prohibited from possessing guns.     

Sentencings before United States District Court Chief Judge Leonard T. Strand for Osborne and Petersen have been set for January 28, 2020.  Sentencing for Swan will be set after a presentence report is prepared.  Each remain in custody of the United States Marshal and will remain in custody pending sentencing.  Each face a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and at least 5 years of supervised release following any imprisonment.

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

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

The case file number is 19-3017.  Follow us on Twitter @USAO_NDIA.

A man who conspired to distribute methamphetamine was sentenced January 2, 2020, to 15 years in federal prison.

Julio Cesar Salais, 46, from Sioux City, Iowa, received the prison term after an August 6, 2019, guilty plea to conspiracy to distribute methamphetamine and distributing methamphetamine within 1000 feet of a protected location.  Salais had already been convicted of conspiracy to distribute methamphetamine in the Northern District of Iowa District Court, in 1996 and 2002, respectively.

At the guilty plea, Salais admitted that from May 2018 through March 2019, he and others conspired to distribute more than 1.5 kilograms of methamphetamine in the Sioux City, Iowa area.  Salais further admitted that on two occasions he distributed more than 300 grams of pure methamphetamine to an individual cooperating with law enforcement.  These distributions occurred within the protected locations of Irving Elementary School, Sioux City Alternative School and Opportunities School at the Boys and Girls home in Sioux City. 

Salais was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Salais was sentenced to 180 months’ imprisonment.  He must also serve a 10-year term of supervised release after the prison term.  There is no parole in the federal system.  Salais is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the 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 19-4024. 

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A man who conspired to distribute methamphetamine pled guilty December 30, 2019, in federal court in Sioux City.

Emmanuel Fuentes, 35, from Madelia, Minnesota, was convicted of conspiracy to distribute methamphetamine.

At the plea hearing, Fuentes admitted that from July 2019 through August 2019, he was involved in the distribution of more than 150 grams of pure methamphetamine.  In two separate investigative operations, in July and August 2019, law enforcement seized more than ten ounces of methamphetamine from Fuentes.   

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Fuentes remains in custody of the United States Marshal pending sentencing.  Fuentes faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and at least 5 years of supervised release following any imprisonment.

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

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

The case file number is 19-4053.  Follow us on Twitter @USAO_NDIA.

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

Pedro Hernandez-Becerra, age 38, a citizen of Mexico illegally present in the United States and residing in Oklahoma City, Oklahoma, 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-Becerra admitted he had previously been deported from the United States in January 2011 and illegally reentered the United States without the permission of the United States government.  Hernandez-Becerra and other illegal aliens were found by immigration agents in October 2019 after a traffic stop near Wilton, Iowa.  Hernandez-Becerra was previously deported following his conviction in January 2011 in the Western District of Texas for using fraudulent identification documents when he entered the United States in December 2010.  Hernandez-Becerra was also removed from the United States in May 1999.

Hernandez-Becerra was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Hernandez-Becerra was sentenced to 60 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-Becerra is being held in the United States Marshal’s custody until he can 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-119.

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A man who illegally possessed a firearm pled guilty December 30, 2019, in federal court in Sioux City.

Marcelino Delangel, 47, from Carroll, Iowa, was convicted of being a felon in possession of a firearm.  Delangel had been previously convicted of three felony crimes in Mower County, Minnesota, in 2003, 2006 and 2010, respectively.

At the plea hearing, Delangel admitted to illegally possessing a .22 caliber pistol, which was seized from his vehicle that he was driving when stopped by law enforcement on November 7, 2018.  Evidence at the hearing, showed the pistol was loaded with four rounds of ammunition and had been stolen during a burglary in Carroll, Iowa in October 2018.  

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

The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Division of Narcotics Enforcement,  Bureau of Alcohol, Tobacco, Firearms and Explosives, Carroll County Sheriff’s Office, and Carroll, Iowa Police Department.

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

The case file number is 18-3054.  Follow us on Twitter @USAO_NDIA.

A nineteen-year-old man was sentenced today to over three years in federal prison for his role in trafficking more than 100 grams of heroin in the Cedar Rapids, Iowa, area.

Walter Murray, Jr., age 19, from Junpion City, Arizona, and previously residing in Cedar Rapids, received the prison sentence after his June 25, 2018 guilty plea to conspiracy to distribute heroin.  According to sentencing documents and information disclosed during the sentencing hearing, Murray were involved with a group of heroin dealers in Cedar Rapids from at least January 2019 to April 2019.  During that time, the group sold more than 100 grams of heroin.  Murray was responsible for selling heroin to multiple individuals during that time.

On February 13, 2019, Murray was driving a car in Cedar Rapids.  Police officers attempted to stop the car.  Murray did not stop, instead fleeing from the officers.  During the chase, Murray reached 60 miles per hour in a 30 miles per hour speed zone.  Murray hit another occupied car, drove down a bike trail, and onto the frozen Cedar River before leaving the car in someone’s backyard and running.  While running, Murray threw away approximately 30 grams of heroin, which law enforcement found shortly after locating and arresting Murray.   

Murray was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Murray was sentenced to 37 months’ imprisonment followed by a three-year term of supervised release.  There is no parole in the federal system.  Murray is 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 Ashley Corkery and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; and the Iowa Division of Narcotics Enforcement and 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-45. 

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Dana Lee Clatt, age 38, from Cedar Rapids, Iowa, was sentenced to nearly a decade in federal prison on December 20, 2019, for distributing methamphetamine.

After law enforcement searched her home, Clatt admitted she received over five kilograms of “ice” methamphetamine from her sources for her to further distribute.  In a subsequent plea agreement, Clatt admitted selling methamphetamine four times in Cedar Rapids in February 2017. 

Clatt was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Clatt was sentenced to 117 months and 26 days imprisonment.  She must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.  Clatt is being held in the United States Marshal’s custody until she can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Emily K. Nydle and 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 Drug Enforcement Administration (DEA) Task Force consisting of the DEA; Bureau of Alcohol, Tobacco, and Firearms, 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/. 

The case file number is 1:19-cr-00008-CJW-MAR.

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A man who illegally possessed a firearm was sentenced today to more than two years in federal prison.

Dante Williams, age 37, from Cedar Rapids, Iowa, received the prison term after a July 17, 2019, guilty plea to being a prohibited person in possession of a firearm.  Williams unlawfully possessed a loaded pistol in his waistband at the time of his arrest for public intoxication and disorderly conduct.  He was prohibited from possessing firearms based on two prior convictions for misdemeanor crimes of domestic violence.  He was also prohibited for being a drug user.

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

Williams 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 Special Assistant United States Attorney Elizabeth Dupuich and Assistant United States Attorney Justin Lightfoot and investigated by the Cedar Rapids Police Department, the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives. 

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

The case file number is 18-CR-78-CJW.

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A Cedar Rapids man who intended to distribute methamphetamine was sentenced December 17, 2019, to more than three years in federal prison. 

Mathew John Wharton, age 28, from Cedar Rapids, Iowa, received the prison term after a July 1, 2019, guilty plea to distribution with the intent to distribute a controlled substance, methamphetamine. 

At the guilty plea and sentencing, Wharton admitted that in January of 2019, he was stopped by Cedar Rapids police officers during a traffic stop.  During the stop, Wharton had a knife on him and nearly an ounce of methamphetamine in his vehicle.  Defendant intended to sell the methamphetamine to other people.  In April 2019, officers executed a search warrant at Wharton’s Cedar Rapids residence.  There, they located methamphetamine, marijuana, paraphernalia, a Springfield shotgun, a Remington 1100 semi-automatic firearm, and ammunition.

Wharton’s residence was also the subject of a search warrant executed by Cedar Rapids police back in December of 2016.  During that search, officers located methamphetamine, a 12-gauge shotgun, and a .410 gauge shotgun. 

Wharton was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Wharton was sentenced to 36 months’ and 28 days’ imprisonment.  A $100 special assessment was imposed.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

The case was prosecuted by Assistant United States Attorney Ashley Corkery and investigated by the Cedar Rapids Police Department, the Linn County Sheriff’s Department, the Drug Enforcement Administration, 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-00038.

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A Dubuque man who distributed crack cocaine near playgrounds was sentenced on December 16, 2019, to over fifteen years in federal prison.

Cory Dukes, age 33, from Dubuque, Iowa, received the prison term after a July 1, 2019 guilty plea to the distribution of cocaine base within 1000 feet of a protected location.

In a plea agreement, Dukes admitted to knowingly selling crack cocaine to a confidential informant near two playgrounds in Dubuque, Iowa.  Dukes has three previous convictions for selling narcotics in Dubuque near protected locations.

Dukes was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Dukes was sentenced to 188 months’ imprisonment.  He must also serve a six-year term of supervised release after the prison term.  There is no parole in the federal system.

Dukes is being held by 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 Elizabeth Dupuich and was investigated by the Dubuque Drug Task Force 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-1014.

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A former bank president who aided the obstruction of an FDIC examination was sentenced today to 5 years’ probation. 

Cecil Capper, age 74, from Marion, Iowa, received the probation term after a June 25, 2019 guilty plea to aiding and abetting the obstruction of an FDIC investigation. 

Information at sentencing showed that Capper worked as a bank president from 2009 to 2013, and that in December 2010 Capper prepared a handwritten memo and made an entry in the bank’s computer system purporting to show that Capper’s bank had assumed a $500,000 loan from another affiliated bank.  Capper did so in order to aid in concealing underlying delinquent loans from FDIC scrutiny.  The bank ended up being unable to collect on the majority of the $500,000 loan, ultimately losing $462,304.84.  

Capper was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Capper was sentenced to 5 years’ probation.  He was ordered to make $462,304.84 in restitution.

The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Federal Deposit Insurance Corporation Office of Inspector General and the United States Secret Service.  

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

The case file number is 19-cr-63.  Follow us on Twitter @USAO_NDIA.

A man who abused his wife for years, eventually forcing her to leave Iowa with their children was sentenced today to more than six years in federal prison.

Frank Young, age 32, from Anamosa, Iowa, received the prison term after a June 20, 2019, guilty plea to interstate violation of a protection order, causing travel of a victim and interstate transportation of a stolen vehicle.

Evidence during the case established that between 2016 and 2018, Young engaged in repeated acts of domestic violence against his wife.  Young was convicted of domestic abuse assault, trespass, burglary, and child endangerment, as well as multiple violations of the no contact order prohibiting Young from contacting his wife and children.  In February 2018, and despite protection orders prohibiting Young from contacting his wife or children, Young stole his brother’s truck and forced his family to leave Iowa in the stolen vehicle.  The State of Iowa issued an Amber alert and police arrested Young in Wichita, Kansas.

Young was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Young was sentenced to 77 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.

During the sentencing hearing, Judge Williams noted that Young subjected his wife to a “reign of terror” and commented that it was hard to understand “the horror of what she lived through.”

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

The case was prosecuted by Assistant United States Attorney Lisa C. Williams and investigated by the Federal Bureau of Investigation, the Iowa Division of Criminal Investigation, the Jones County Sheriff’s Office, and the Exploited and Missing Child Unit which is a task force composed of the State of Kansas D.C.F., the Sedgwick County Sheriff’s Office, and the Wichita Police DepartmentCourt file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 19-CR-0015.

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A Sioux City man was sentenced December 4, 2019 to more than a year in federal prison for possessing a loaded handgun while being a felon, and on parole.

Ronald Warner, age 47, from Sioux City, Iowa, received the prison term after a February 15, 2019, guilty plea to possession of a firearm by a prohibited person.

Evidence produced by the United States at the change of plea and sentencing hearings in this case, and the related case against Mr. Troy Cooke, showed that Cooke allowed felons, including Warner, regular access to guns and on one occasion gave Warner a gun as collateral on a debt.  Warner, as a felon, could not lawfully possess the gun and Cooke and Warner both knew it.  Warner’s firearm possession was discovered when Probation and Parole Officers conducted a search of Warner’s home and found the weapon hidden, loaded, and cocked.   

Warner was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Warner was sentenced to 20 months’ imprisonment and ordered to pay a special assessment of $100.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

Cooke was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand on November 22, 2019.  Cooke was sentenced to one month’s imprisonment and ordered to pay a special assessment of $100 for providing an employee, Warner, a firearm knowing that employee was a felon.  He was fined $15,000.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

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

The case was investigated by the Sioux City, Iowa, Police Department and the United States Department of Justice’s Bureau of Alcohol, Tobacco, Firearms, and Explosives.  The case was prosecuted by Assistant United States Attorney Forde Fairchild.

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

The case file number is 18-CR-4072.

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A man who sexually exploited a child was sentenced on December 10, 2019, to 30 years in federal prison.

David Vogelpohl, age 22, of Vista, California, received the sentence after a June 20, 2019, guilty plea to one count of sexual exploitation of a child.  At the plea hearing, Vogelpohl admitted that, in 2018, he persuaded, induced, or enticed a female under 18 years old to engage in sexually explicit conduct for the purpose of producing visual depictions. 

Vogelpohl was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Vogelpohl was sentenced to 360 months’ imprisonment.  A special assessment of $100 was imposed, and Vogelpohl must also serve a 5-year term of supervised release.  He must comply with all sex offender registration and public notification requirements. 

This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation, the Mason City Police Department, the North Platte, Nebraska, Police Department, and Homeland Security Investigations. 

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 18-3053. 

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A man who enlisted his cousin to break into a Cedar Rapids man’s home and order him at gunpoint to transfer an Internet domain was sentenced today to 14 years in federal prison.

Rossi Lorathio Adams II, age 27, from Cedar Rapids, Iowa, also known as “Polo,” received the prison term after an April 18, 2019, jury verdict finding him guilty of one count of conspiracy to interfere with commerce by force, threats, and violence.

The evidence at trial showed that Adams founded the social media company “State Snaps” while a student at Iowa State University in 2015.  State Snaps operates on a variety of social media platforms, including Snapchat, Instagram, and Twitter.  At one time, Adams had over a million followers on his social media sites, which mostly contained images and videos of young adults engaged in crude behavior, drunkenness, and nudity.  In 2015, a Des Moines area television station aired a news segment in which Adams, who in the interview would only identify himself as “Polo,” was continuing to operate his social media sites despite the objections of Iowa State University administrators and the policies of the social media platforms.

Adams’ followers often used the slogan, “Do It For State!”  Adams tried to purchase the Internet domain “doitforstate.com” from a Cedar Rapids resident who had registered the domain with GoDaddy.com.  Between 2015 and 2017, Adams repeatedly tried to obtain “doitforstate.com”, but the owner of the domain would not sell it.  Adams also threatened one of the domain owner’s friends with “gun emojis” after the friend used the domain to promote concerts.

In June 2017, Adams enlisted his cousin, Sherman Hopkins, Jr., to break into the domain owner’s home and force him at gunpoint to transfer doitforstate.com to Adams.  Hopkins was a convicted felon who lived in a homeless shelter at the time.

On June 21, 2017, Adams drove Hopkins to the domain owner’s house and provided Hopkins with a demand note, which contained instructions for transferring the domain to Adams’ GoDaddy account.  When Hopkins entered the victim’s home in Cedar Rapids, he was carrying a cellular telephone, a stolen gun, a taser, and he was wearing a hat, pantyhose on his head, and dark sunglasses on his face.        

The victim was upstairs and heard Hopkins enter the home.  From the top of a staircase, the victim saw Hopkins with the gun on the first floor.  Hopkins shouted at the victim, who then ran into an upstairs bedroom and shut the door, leaning up against the door to stop Hopkins from entering. 

Hopkins went upstairs, kicked the door open, grabbed the victim by the arm and demanded to know where he kept his computer.  When the victim told Hopkins that he kept his computer in his home office, Hopkins forcibly moved the victim to the office.  Hopkins ordered the victim to turn on his computer and connect to the Internet.  Hopkins pulled out Adams’ demand note, which contained a series of directions on how to change an Internet domain name from the domain owner’s GoDaddy account to one of Adams’ GoDaddy accounts.

Hopkins put the firearm against the victim’s head and ordered him to follow the directions on the demand note.  Hopkins then pistol whipped the victim several times in the head.  Fearing for his life, the victim quickly turned to move the gun away from his head.  The victim then managed to gain control of the gun, but during the struggle, he was shot in the leg.  The victim shot Hopkins multiple times in the chest.  He then contacted law enforcement.

Adams was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Adams was sentenced to 168 months’ imprisonment.  He was ordered to make nearly $9,000 in restitution.  Adams was also ordered to pay costs of prosecution in the amount of $3,957.45 and to repay the Court $22,000 in attorney fees.  Adams had court-appointed counsel during trial, but the Court later discovered Adams was earning significant amounts of money while the case was pending.  Adams 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.

Adams 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 Timothy L. Vavricek and Matthew J. Cole and investigated by the Cedar Rapids Police Department. 

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

The case file number is 18-CR-86-CJW.

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A man who possessed child pornography pled guilty on December 6, 2019, in federal court in Cedar Rapids. 

Aaron Olson, age 36, from Nora Springs, Iowa, was convicted of two counts of possession of child pornography, including depictions of prepubescent children.  At the plea hearing, Olson admitted that, between 2017 and 2019, he knowingly possessed child pornography on a computer and a memory card. 

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Olson remains in custody of the United States Marshal pending sentencing.  Olson faces a possible maximum sentence of 40 years’ imprisonment, a $500,000 fine, $10,200 in special assessments, and supervised release for 5 years to life following any imprisonment.  In a plea agreement, Olson agreed to be sentenced to 40 years’ imprisonment. 

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation and the Nora Springs Police Department. 

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 19-2029. 

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A man who conspired to distribute methamphetamine was convicted by a jury on December 6, 2019, after a 3-day trial in federal court in Sioux City.

Jose Carlos Ramirez-Martinez, 31, from Denison, Iowa, was convicted of conspiracy to distribute methamphetamine.  The verdict was returned following about two hours of jury deliberations.

The evidence at trial showed that Ramirez-Martinez was involved in a conspiracy that distributed more than 500 grams of methamphetamine from October 2015 through September 2016, from the Denison, Iowa, area.  Evidence showed that Ramirez-Martinez would often have co-conspirators travel for him from Denison to Worthington, Minnesota to deliver ½ lb quantities of methamphetamine to a co-conspirator for further re-distribution in Iowa, Minnesota and South Dakota. 

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Ramirez-Martinez was taken into custody by the United States Marshal after the verdict was returned and will remain in custody pending sentencing.  Ramirez-Martinez 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 17-4025.  Follow us on Twitter @USAO_NDIA.

Michael Shawn McGuire, age 56, from Cresco, Iowa, has been charged with two counts of interstate stalking and one count of cyber stalking.­  The charges are contained in an Indictment unsealed on December 3, 2019, in United States District Court in Cedar Rapids. ­

The Indictment alleges that, on or about August 25, 2018, and May 25, 2019, McGuire traveled from Iowa to Minnesota with the intent to harass the victim and caused the victim to experience substantial emotional distress.  The Indictment further alleges, that, between on or about September 10, 2018, and September 20, 2018, McGuire engaged in a course of conduct by using Facebook to harass, intimidate, and cause substantial emotional distress to the victim. 

If convicted on all charges, McGuire faces a possible maximum sentence of 15 years’ imprisonment, a $750,000 fine, and three years of supervised release following any imprisonment.­

McGuire appeared today in federal court in Cedar Rapids and after a hearing, was held without bond.  Evidence at the hearing established that on August 25, 2018, and May 25, 2019, numerous yard signs were posted in Minnesota, where the victim resides.  The signs were sexually explicit and contained the victim’s name, telephone number, address, and email address.  During this same time period, various friends, family members, and associates of the victim received sexually explicit mailings with semi-nude photos of the victim.  In addition, various Facebook profiles sent similar semi-nude photos to some of the victim’s contacts through Facebook and various fake dating profiles associated with the victim were created. 

McGuire’s next appearance for trial is set for February 3, 2020. 

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

The case is being prosecuted by Assistant United States Attorney Lisa C. Williams and was investigated by the Kandiyohi County Sheriff’s Office and the Federal Bureau of Investigation.

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

The case file number is 19-CR-2075.

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

Diego Perez-Vasquez, age 26, a citizen of Mexico illegally present in the United States and living in Iowa received the prison term after an October 10, 2019, guilty plea to one count of illegal reentry into the United States.

At the guilty plea, Perez-Vasquez admitted he had previously been deported from the United States on March 12, 2015, and March 18, 2015, and illegally reentered the United States without the permission of the United States government.  Perez-Vasquez was found by immigration agents in August 2019 after two aliens under ICE supervision entered a car containing Perez-Vasquez in a parking lot near the Cedar Rapids ICE office.  Perez-Vasquez was arrested after he presented the ICE agents with a fraudulent California driver’s license as a form of identification.

Perez-Vasquez was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Perez-Vasquez was sentenced to 97 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.

Perez-Vasquez 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-92. 

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A man who failed to pay income taxes for at least five years and then evaded paying back taxes for at least seven years was sentenced November 26, 2019, to a year-and-a-half in federal prison.

Scott Wallace, age 53, from Fort Dodge, Iowa, received the prison term after a July 11, 2019 guilty plea to one count of attempting to evade and defeat the payment of taxes.

At the guilty plea and in a plea agreement, Wallace admitted he ran a trucking business from 2000 to 2006, made income during those years, but failed to file income tax returns for 2002 through 2006.  The Internal Revenue Service (IRS), however, calculated that he owed $130,903 in taxes for those years.  After learning that he owed back taxes, Wallace willfully attempted to evade paying those taxes from 2008 through 2015.  For example, in 2012 and 2013, Wallace was working in the trucking industry in North Dakota.  Wallace had the income he was making deposited into bank accounts he had opened in his son’s name, but that he controlled and used. 

Wallace took other steps to avoid paying taxes, including hiding assets and income from the IRS, using his son’s name and the name of a business to hide the fact that he made over $350,000 between 2012 and 2014, buying two trucks and a house in other names, and using a defunct business’s bank account.  In total, Wallace hid the fact that he made $1,205,433 from 2007 through 2014 from the IRS to avoid having to pay his back taxes.  In May 2016, a civil judgment was entered against Wallace, ordering him to pay $313,853.88 in back taxes.

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

Wallace is being held in the United States Marshal’s custody until he can be transported to a federal prison because he violated numerous conditions of his release while awaiting sentencing.

The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Internal Revenue Service – Criminal Investigations. 

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

The case file number is 18-cr-3001.

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A man who admitted to police officers that he made marijuana products and that he lied about his drug use on forms to purchase firearms was sentenced November 26, 2019, to almost two years in federal prison.

Dustin Blake Herubin, age 24, from Cedar Rapids, Iowa, received the prison term after a July 1, 2019 guilty plea to possession with intent to distribute a controlled substance near a protected location and possession of firearms by a user of a controlled substance. 

Information at sentencing showed that Herubin’s residence was struck by gunfire on October 11, 2018.  Officers subsequently obtained a search warrant for the residence based on a strong odor of raw marijuana.  Herubin told officers he was a marijuana user and that he had lied on federal forms to purchase gun, though he denied there were any guns in his residence.  Officers recovered two loaded guns, marijuana, and drug paraphernalia from Herubin’s residence.  In a plea agreement, Herubin admitted he possessed the marijuana with the intent to distribute it.  Herubin’s cell phone contained photos of marijuana and marijuana products indicating the products were for sale.

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

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

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

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

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

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

The case file number is 19-CR-36.

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A man described as “dangerous and out of control” by the judge was sentenced November 26, 2019, to more than fourteen years in federal prison.

Paul Hoff, age 40, from Cedar Rapids, Iowa, received the prison term after a June 13, 2019 guilty plea to possession with intent to distribute methamphetamine and possession of firearms in furtherance of that drug trafficking crime.

Information at sentencing showed that on February 18, 2019, law enforcement was attempting to arrest Hoff on an outstanding arrest warrant.  Officers located Hoff in a Chevy Tahoe.  Hoff drove the vehicle towards a car containing law enforcement officers, before swerving and getting stuck on a snowbank.  As officers approached the Tahoe on foot, Hoff continued spinning the wheels in an attempt to get unstuck.  Hoff refused commands to exit the vehicle and officers had to deploy tasers to take him into custody.  Officers found over a 138 grams of methamphetamine and two handguns in the car.

In sentencing Hoff, the District Court noted his long criminal history and prior behavior.  Hoff’s first involvement with the criminal justice system came at the age of 10.  He has previously been convicted of assault, thefts, interference with official acts, burglary, OWI, disorderly conduct for punching a man in the face several times, drug trafficking, intimidation with a dangerous weapon, felon in possession of a firearm, and escape.  Additionally, on August 17, 2018, Hoff fled from law enforcement officers in a car, driving recklessly and dangerously, and striking a parked car.  Hoff also tossed a handgun from the car while eluding the police.  Officers eventually found a shotgun and a bulletproof vest in the trunk of the car.

Hoff was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Hoff was sentenced to 178 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.

Hoff 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 Linn County Sheriff’s Office, the Jones County Sheriff’s Office, the Iowa Division of Criminal Investigation, and the Federal Bureau of Investigation. 

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

The case file number is 19-cr-29.

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A Sioux City man, who was a part-time bounty hunter and cement contractor, was sentenced to one month in federal prison on November 22, 2019, for providing an employee a firearm knowing that employee was a felon. 

Troy Cooke, age 47, from Sioux City, Iowa, received the prison term after a June 25, 2019, guilty plea to one count of transferring a firearm and ammunition to a prohibited person.

Evidence produced by the United States at the change of plea and sentencing hearings revealed that Cooke allowed felons access to his guns and, on one occasion, actually gave a felon a gun as collateral on a debt.      

Cooke was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Cooke was sentenced to one month’s imprisonment.  He was fined $15,000.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

Cooke was released on the bond previously set and is to surrender to the United States Marshals on January 2, 2020.

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 19-4010.

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A woman who used a false identification document and someone else’s social security number was convicted by a jury today after a one-day trial in federal court in Cedar Rapids.

Maria Morales-Martinez, age 38, a citizen of Mexico illegally present in the United States and residing in Postville, Iowa, was convicted of one count of unlawful use of an identification document and one count of misuse of a social security number.  The verdict was returned this morning following about 40 minutes of jury deliberations.

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

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Morales-Martinez was taken into custody by the United States Marshal after the verdict was returned and will remain in custody pending sentencing.  Morales-Martinez faces a possible maximum sentence of 15 years’ imprisonment, a $500,000 fine, and six years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Homeland Security Investigations. 

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

The case file number is 19-CR-1013.

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A Sioux City man involved in two separate robberies, after several convictions for violent state offenses, was sentenced on November 22, 2019 to twelve years in federal prison. 

Phillip White, age 33, from Sioux City, Iowa, received the prison term after a June 13, 2019, guilty plea to one count of bank robbery, and one count of Interference with Commerce by Robbery (for the robbery of a Sioux City cab driver).

Evidence produced by the United States at the detention, change of plea, and sentencing hearings revealed that just two months after completing a sentence for second degree burglary, on October 12, 2018, White robbed a taxi cab driver with a bb-gun.  On December 12, 2018, while on bond for the taxi robbery, he robbed a bank by implying he had a gun by putting his hand in his pocket.  He and an accessory then led law enforcement on a chase that created a substantial risk of death or serious bodily injury to others. 

Defendant has a history of violence.  He has committed numerous assaults and related offenses.  He robbed two other cab drivers before his most recent offenses.  In one of the earlier taxi cab robberies, White held a knife to the throat of his victim and demanded money.  On the second occasion, he held a broken beer bottle to another victim’s throat and demanded money.  

White was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  White was sentenced 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.  There is no parole in the federal system.

White 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 Federal Bureau of Investigation, the Iowa State Patrol, the Plymouth County Sheriff’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 Cedar Rapids man who stole his grandfather’s pistol, was arrested by local authorities, and then just weeks later stole a rifle from his friend’s residence, was sentenced on November 20, 2019, to more than two years in federal prison.

Jeremy Keith Heldt, age 34, from Cedar Rapids, Iowa, received the prison term after a June 4, 2019, guilty plea to one count of felon in possession of ammunition.

In a plea agreement, Heldt admitted that, in April 2017, he was driving a truck around the southeast side of Cedar Rapids when he struck a parked car.  Heldt was barred from driving at the time.  Heldt initially drove away from the scene of the accident, but soon returned to survey the damage, parked the truck, and fled on foot with a duffel bag.  A witness followed Heldt, and law enforcement officers eventually found Heldt sitting on the porch of nearby residence.  On the porch, officers found the bag, which contained a loaded .45 caliber pistol, associated ammunition, four knives, two ninja throwing stars, marijuana, and drug paraphernalia.  In the truck, officers found a matching .45 caliber magazine and 19 loose rounds of .45 caliber ammunition.  Officers later traced the firearm to Heldt’s grandfather.  Heldt admitted taking the firearm from his grandfather.

State authorities released Heldt from jail after he pled guilty to non-firearms related charges and received a 15-day jail sentence.  Then, in May 2017, law enforcement officers responded to a burglary of the residence of Heldt’s friend in Hiawatha, Iowa.  Heldt had stolen a laptop computer, a motor vehicle, a firearm, deck railing, and a screen door from the residence.  Heldt also disassembled his friend’s water heater but left it in his friend’s garage.  Officers later found Heldt in Cedar Rapids with four shotgun shells, the stolen laptop, a key to the stolen car, and brass knuckles.  At the time of his second arrest, Heldt was wearing a fanny pack with 33 rounds of ammunition.  Officers later recovered the stolen car, in which they found the friend’s stolen .22 caliber rifle and matching ammunition. 

Heldt has an extensive criminal history dating back to at least 2003.  In 2004, Heldt was convicted of felony third-degree burglary in Linn County and prohibited from possessing firearms and ammunition at that time.  That same year, Heldt also was convicted of felony first-degree criminal mischief in Dallas County after he used a stolen handgun to fire multiple rounds of ammunition into a residence.  In 2013 and 2015, Heldt was convicted of operating a motor vehicle while intoxicated in Linn County.

Heldt was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Heldt was sentenced to 28 months’ imprisonment.  Heldt 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.

Heldt was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.

The case was prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the Federal Bureau of Investigation, the Cedar Rapids Police Department, and the Hiawatha Police Department. 

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

The case file number is 18-CR-120.

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A Cedar County man who shot his neighbor’s house over 60 times was sentenced today in federal court in Cedar Rapids to more than seven years in prison.

Randolph High, age 62, from Stanwood, Iowa, received the prison term after a May 30, 2019 guilty plea for being a felon in possession of ammunition.

In a plea agreement, High admitted that on January 27, 2019, he shot his neighbor’s house over 60 times.  The neighbor’s house, vehicles, and camper sustained dozens of bullet impacts.  The Cedar County Sheriff’s Office searched High’s home and found magazines for firearms, numerous .22 caliber rounds of ammunition, and 71 expended shell casings for a .22 caliber firearm.  

High was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  High was sentenced to 92 months’ imprisonment.  He was ordered to make $34,350 in restitution to his neighbor and their insurance company for the damage he caused to their house, vehicles, and other property.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

The case was prosecuted by Assistant United States Attorney Patrick J. Reinert and was investigated by the Cedar County Sheriff’s Office, Iowa State Patrol, and the Muscatine County Sheriff’s Office with the assistance of the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives.

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

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

The case file number is 19-CR-00033.

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An Iowa man who distributed cocaine was sentenced today to 30 months in federal prison.

Antonio Robertson, age 43, from Manchester, Iowa, received the prison sentence after a May 31, 2019 guilty plea to distribution of cocaine after a prior felony drug conviction.

Information disclosed at sentencing and at his plea hearing showed that on two occasions in October 2018, Robertson sold cocaine to another person.  Robertson has 31 prior criminal convictions, five of which are violent offenses.  Two of Robertson’s prior convictions were firearms-related offenses and thirteen of his offenses occurred while he was on probation or parole for another offense. 

Robertson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Robertson was sentenced to 30 months’ imprisonment.  He was ordered to make payment of $100 to the special assessment fund.  He must also serve a six-year term of supervised release after the prison term.  There is no parole in the federal system.

The case was prosecuted by Assistant United States Attorney Ashley Corkery and investigated by the Manchester Police Department. 

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

The case file number is 19-CR-00027.                           

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A convicted felon from Illinois who unlawfully possessed a gun was sentenced November 21, 2019, to nearly four years in prison.

Korey Russell, age 40, from Hoopeston, Illinois, received the prison sentence after a June 10, 2019 guilty plea to possession of a firearm by a felon.

Information disclosed at sentencing and at a plea hearing showed that on March 12, 2018, Russell went to the Cedar Rapids, Iowa, home of his young child’s mother.  Russell went into the home uninvited and confronted the woman and another man.  During the confrontation, Russell produced a loaded gun and “cocked it.”  Russell’s young son was in the room at the time.  Russell then chased the man from the residence.  Outside of the residence, Russell kicked the woman’s vehicle causing thousands of dollars in damages.  Russell then fled the area and was eventually arrested by police.  Russell’s criminal history includes residential armed burglary, obstruction of justice, harassment, and domestic assault.     

Russell was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Gerber was sentenced to 46 months’ imprisonment.  He was ordered to make payment of $100 to the special assessment fund.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

The case was prosecuted by Assistant United States Attorney Ashley Corkery.  This case was brought as part of Project Safe Neighborhoods (PSN) through a cooperative effort of the Cedar Rapids Police Department and the FBI Safe Streets Task Force. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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

The case file number is 19-CR-00010.                           

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A convicted felon who unlawfully possessed a gun was sentenced on November 19, 2019, to 110 months in federal prison.

Diamond Duckings, age 34, from Waterloo, Iowa, received the prison term after a guilty plea to one count of possession of a firearm by a felon.  Duckings unlawfully possessed a gun after having two prior felony convictions related to the distribution of drugs.  Information at sentencing showed that Duckings fired the handgun out of a car window after leaving a club in the early morning hours. 

Duckings was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Duckings was sentenced to an imprisonment term of 110 months.  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.

The case was prosecuted by Assistant United States Attorney Jacob Schunk and investigated by the Waterloo Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 19-CR-2037.  Follow us on Twitter @USAO_NDIA.