Northern District of Iowa

A man who conspired to distribute methamphetamine and possessed firearms in furtherance of his drug trafficking pled guilty August 15, 2019, in federal court in Sioux City.

Matthew Guthrie, age 34, from Fort Dodge, Iowa, was convicted of one count of conspiracy to distribute methamphetamine and one count of possession of firearms in furtherance of a drug trafficking crime.

At the plea hearing, Guthrie admitted that from January 2019 through April 16, 2019 he and others distributed more than 500 grams of methamphetamine in the Fort Dodge area.  On three separate occasions Guthrie distributed a total of more than 100 grams of pure methamphetamine to an individual cooperating with law enforcement.  During a later search of Guthrie’s residence, law enforcement seized four firearms (two of which were loaded), methamphetamine, drug paraphernalia, scales, a drug ledger, and other items indicative of drug distribution. 

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Guthrie remains in custody of the United States Marshal pending sentencing.  On the conspiracy conviction, Guthrie 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.  On the firearm conviction, Guthrie faces a mandatory minimum sentence of 5 years’ imprisonment which must be served consecutive to any term of imprisonment imposed on the conspiracy conviction, and a possible maximum sentence of life imprisonment, a $250,000 fine and no more than five years of supervised release.

The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by Iowa Division of Narcotics Enforcement, Webster County Drug Task Force, Carroll County, Iowa Sheriff’s Office, and the Iowa Division of Criminalistics Laboratory. 

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

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

A Missouri man who fraudulently sold millions of dollars’ worth of non-organic grain as though it was organic was sentenced on August 16, 2019, to more than ten years in prison in federal court in Cedar Rapids.  Three farmers from Nebraska who supplied him with non-organic grain were also sentenced to federal prison for their roles in a scheme to defraud customers across the United States.

Randy Constant, age 61, from Chillicothe, Missouri, received the prison term after a December 20, 2018, guilty plea to one count of wire fraud.  Constant admitted the fraudulent scheme involved at least $142,433,475 in grain sales, and the vast majority of those sales were fraudulent.  At his plea hearing, he admitted that, from 2010 to 2017, he misled customers into thinking they were buying certified organic grain when the grain he was selling was not organic.  Constant admitted falsely telling customers the grain he sold was grown on his certified organic fields in Nebraska and Missouri when the grain was not organic either because he purchased the grain from other growers, the certified organic fields were sprayed with unauthorized chemicals, or organic grain was mixed with non-organic grain.  Constant made many of the sales through a brokerage he owned that operated in Ossian, Iowa, known as Jericho Solutions.  As part of the plea, Constant also agreed to forfeit $128,190,128 in proceeds from the fraudulent scheme.

Evidence at Constant’s sentencing showed that, for 2016, his sales equaled approximately 7% of all comparable organic corn grown and 8% of all organic soybeans grown in the United States.  Overall, from 2010 to 2017, Constant sold more than 11,500,000 bushels of grain, over 90% of which was falsely marketed as organic.  That amount of grain would fill approximately 3,600 rail cars or 14,375 semi-trailers. 

Constant’s grain was mostly used as animal feed, primarily for chickens and cattle.  That livestock was then sold as organic meat or products from the livestock were sold as organic products.  Because of Constant’s fraud, most of the livestock that was fed his grain was not organic, causing thousands of consumers to purchase what they thought was organic meat for a premium price across the country.

Further evidence at sentencing showed that, during the time Constant was fraudulently selling grain as organic, he was spending money on gambling trips to Las Vegas with at least one other person involved in the scheme.  Between 2010 and 2017, Constant went to Las Vegas more than 20 times, paying for flights, hotels, gambling, and escorts.  Evidence further showed he had sexual relationships with three women who lived in Las Vegas.  Over the course of the seven year scheme, Constant gave over $225,000 to two of these women as payment for services, purportedly for their work with his companies.  In reality, the women did very little of value for Constant’s companies in exchange for the money.  Constant’s banking records also showed more than $360,000 in additional Las Vegas-related expenses during the course of the scheme -- $110,000 of that total was charged to a bank account Constant shared with one of the women and included payments for an automobile, insurance, foreign travel, and breast augmentation surgery. 

In related matters, three farmers from Nebraska that previously pled guilty to fraud involving sales of grain to Constant they grew that was fraudulently marketed as organic were also sentenced.  Tom Brennan, age 71, James Brennan, age 41, and Mike Potter, age 42, all from near Overton, Nebraska, were each sentenced to federal prison after having pled guilty to one count of wire fraud. 

At their respective plea hearings, each man admitted to growing grain between 2010 and 2017 that was not organic, often because they had sprayed the grain with chemicals.  Each further admitted that they knew the grain was being marketed and sold as organic, even though it was not in fact organically grown.  Evidence at sentencing showed the three farmers worked together to produce and sell the grain to Constant.  Evidence further showed that, between the three farmers, they received more than $10,000,000 from Constant in connection with the scheme and that the majority of the grain they sold to Constant was not organic. 

All four men were sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Constant was sentenced to 122 months’ imprisonment.  He was also ordered to forfeit over $120 million in proceeds from his crime.  In sentencing Constant, Judge Williams called the scheme a “massive fraud, perpetrated on consumers over a long period of time” and said that Constant “caused incalculable damage.”   

James Brennan was sentenced to 20 months’ imprisonment.  Potter was sentenced to 24 months’ imprisonment.  Tom Brennan, whom the sentencing judge referred to as a “legitimate war hero” for his service in Vietnam, was sentenced to 3 months’ imprisonment.  Each of the Nebraska farmers was also ordered to forfeit $1 million in proceeds from their crimes.

“Randy Constant and his co-conspirators lied to the American public and cheated thousands of consumers,” said United States Attorney Peter E. Deegan, Jr.  “For years, Constant put personal greed and self-interest above all else.  In doing so, he and his cohorts victimized thousands of people who were deceived into paying more for a product that they ultimately did not get.  They also diluted the organic grain market to the financial disadvantage of organic farmers who were following the law.  I want to commend the USDA Office of Inspector General and the Federal Bureau of Investigation for their work in bringing this matter to light.  They demonstrated hard work and dedication to protecting the organic food market and American consumers.”

“This prosecution places would-be fraudsters on notice.  The government has zero tolerance for individuals who might seek to defraud American consumers by criminally manipulating National Organic Program standards,” said Special Agent-in-Charge Anthony Mohatt of the US Department of Agriculture Office of Inspector General.  “It should also serve as a warning to everyone growing, certifying, distributing, and selling organically certified products.  Fraud will be vigorously investigated and prosecuted by the USDA Office of Inspector General, the U.S. Attorney's Office, and all its federal, state, and local partners.  USDA's Office of Inspector General is committed to ensuring fraud is eliminated from the National Organic Program so that consumers can have confidence in the USDA organic products they put on the table.  The USDA Office of Inspector General applauds the steadfastness and resolution of the U.S. Attorney's Office in prosecuting this matter.  We also appreciate the investigative assistance of the Federal Bureau of Investigation and USDA's Agricultural Marketing Service.”

“Organic agriculture is a fast growing sector in U.S. agriculture, creating jobs and promoting economic growth. This rapid growth has increased the complexity of supply chains that carry organic products from farm to table,” said National Organic Program Deputy Administrator Jennifer Tucker. Organic farmers and consumers are the foundation of this $52 billion sector. We are committed to helping good producers meet the standards, and to enforcing against those who break the law. The work of the U.S. Attorney’s Office in this case, and others, has a profound and lasting impact.”

“We are proud to work alongside our law enforcement partners to bring to justice individuals who have so blatantly betrayed the trust of consumers,” said Acting Special Agent in Charge Mark Green of the Federal Bureau of Investigation.

Anyone with information about others involved in the scheme should contact our office, the United States Department of Agriculture’s Office of Inspector General, or the Federal Bureau of Investigation.

The case was prosecuted by Assistant United States Attorneys Jacob Schunk and Anthony Morfitt and investigated by the United States Department of Agriculture – Office of Inspector General and the Federal Bureau of Investigation. 

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

The case file number are 18-CR-2034, 18-CR-2058, 18-CR-2059, and 18-CR-2060.  Follow us on Twitter @USAO_NDIA.

A man who sexually exploited a child, conspired to distribute ice methamphetamine, and distributed ice methamphetamine was sentenced today to 22 years in federal prison.

Christopher Frommelt, age 43, of Dubuque, Iowa, received the sentence after a February 22, 2019, jury verdict finding him guilty of one count of sexual exploitation of a child, one count of conspiracy to distribute methamphetamine, one count of distribution of a controlled substance to a person under 21 and near a protected location, and one count of distribution of methamphetamine on premises where a person under 18 was present. 

The evidence at trial showed that, in January 2018, Frommelt provided ice methamphetamine to a 16-year-old girl and videotaped himself having sex with her.  The evidence also showed that Frommelt conspired with others to distribute ice methamphetamine.  He provided a rental car and over $2,600 for others to obtain ice methamphetamine in Texas.  

Frommelt was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Frommelt was sentenced to 264 months’ imprisonment.  A special assessment of $5,400 was imposed, and Frommelt must also serve a 6-year term of supervised release.  He must comply with all sex offender registration and public notification requirements. 

This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Dubuque Police Department, the Dubuque Drug Task Force, the Dubuque County Sheriff’s Office, the Iowa State Patrol, the Iowa Division of Narcotics Enforcement, the Federal Bureau of Investigation, the Cascade Police Department, and the Dyersville 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 18-1037. 

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A man who received child pornography was sentenced August 9, 2019, to 6 years in federal prison. 

James Gailey, 49, from Storm Lake, Iowa, received the prison term after pleading guilty to one count of child pornography on March 4, 2019.

At the plea hearing, Gailey admitted that in October 2017 he utilized a Dropbox account to receive child pornography.  Gailey further admitted that in January 2018 he utilized a second Dropbox account to receive additional child pornography.  Gailey also admitted that he received images and videos of sexual abuse or exploitation of victims as young as infants or toddlers.  Evidence at sentencing further showed that Gailey’s offense involved over 600 images of child pornography.

Gailey was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Gailey was sentenced to 72 months’ imprisonment.  He was ordered to make $18,000 in restitution.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.  Gailey is being held in the United States Marshal’s custody until he can be transported to a federal prison.

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

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

The case file number is 18-4065.  Follow us on Twitter @USAO_NDIA.

A man who illegally returned to the United States after being deported was sentenced today to 24 months in federal prison.

Sergio Sanchez-Juarez, age 32, a citizen of Mexico illegally present in the United States and residing in Hiawatha, Iowa, received the prison term after a March 19, 2019, guilty plea to one count of illegal reentry into the United States after having been convicted of a felony.

At the guilty plea, Sanchez-Juarez admitted he had previously been deported from the United States in September 2017 and November 2017 and illegally reentered the United States without the permission of the United States government.  Sanchez-Juarez has illegally entered the United States at least six times.  Sanchez-Juarez was deported after being convicted in September 2017 of Operating While Intoxicated (OWI), third offense, a felony.  Sanchez-Juarez also has prior convictions in Linn County, Iowa, in January 2011 and June 2014 for OWI.  Sanchez-Juarez was found by immigration agents in November 2018 after he was charged in Linn County, Iowa, with OWI.  He was convicted of this fourth OWI offense in February 2019.  Sanchez-Juarez was also deported to Mexico in February 2007 and July 2014.

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

Sanchez-Juarez 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-25.

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Two Georgia residents who participated as “money mules” in a scheme to defraud victims across the country out of more than $300,000 were each sentenced today to federal prison.

Ikenna Orakwelu, age 33, a naturalized U.S. citizen originally from Nigeria, and Schylundye Thomas, age 27, both currently living in Atlanta, Georgia, received the prison terms after previous guilty pleas to wire fraud.

In a plea agreement, Orakwelu admitted that from August 2015 through June 2016, he participated in a scheme to defraud businesses and individuals across the country.  Orakwelu admitted that he or his wife, who he admitted he recruited and directed in the scheme, controlled multiple bank accounts and that other participates of the scheme lied to businesses and individuals to get the victims to transfer money to these bank accounts.  In total, more than $150,000 in fraudulent money was wired into Orakwelu’s bank accounts, though some of the money was recovered by authorities.

Thomas did not know Orakwelu but participated in the same scheme to defraud by also controlling bank accounts into which victims of fraud wired money.  Victims from Iowa, Utah, Idaho, and other states all wired money into Thomas’s bank accounts.  Overall, more than $290,000 was wired into Thomas’s accounts. 

Orakwelu and Thomas were sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Orakwelu was sentenced to 12 months’ imprisonment.  He was ordered to make $25,000 in restitution the victims of the scheme.  He must also serve a two-year term of supervised release after the prison term.  Thomas was sentenced to 9 months’ imprisonment.  She was ordered to make $237,388.12 in restitution the victims of the scheme.  She must also serve a two-year term of supervised release after the prison term.  There is no parole in the federal system.

Orakwelu was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be.  Thomas remains in the custody of the United States Marshall.

The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by Homeland Security Investigations and the Dubuque Police Department. 

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

The case file number is 18-cr-1033.

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A man who sold crack cocaine near a park and an elementary school was sentenced August 12, 2019, to more than fifteen years in federal prison.

Mohamed Andrew Haidar, age 31, from Dubuque, Iowa, received the prison term after an April 8, 2019 guilty plea to distribution of a controlled substance near a protected location. 

In a plea agreement, Haidar admitted he sold crack cocaine to a confidential informant on three separate occasions with one sale taking place near a park and an elementary school.  Haidar also admitted that he possessed a pistol with an obliterated serial number in connection with his drug dealing.  Haidar had previously been convicted of multiple felony drug offenses.

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

The case was prosecuted by Assistant United States Attorney Kyndra Lundquist and investigated by the Dubuque Drug Task Force. 

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

The case file number is 19-CR-1002.

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A man who possessed a stolen gun after being convicted of a felony drug offense was sentenced today to more than two years in federal prison.

Matthew Robert Primmer, age 20, from Cedar Rapids, Iowa, received the prison term after a March 21, 2019 guilty plea to being a felon in possession of a firearm.

At the guilty plea, Primmer admitted that he possessed a firearm in Cedar Rapids on December 8, 2018.  On that day, police received a report of a disturbance and a witness stated that he had observed a gun fall from Primmer’s pocket.  When officers approached Primmer, he ran from them.  Police eventually located Primmer hiding between two cars in a nearby parking lot.  While speaking with Primmer, a Glock 19 Gen4 9mm pistol fell from Primmer’s person onto the ground.  Police later learned the firearm was previously reported stolen. 

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

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

Primmer 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 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-0011.

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A man who conspired to distribute methamphetamine was sentenced August 8, 2019, to 14 years in federal prison. 

Michael Halstead, 32, originally from the Sacramento, California area, but most recently residing in Fort Dodge, Iowa, received the prison term after a February 28, 2019, guilty plea to conspiracy to distribute methamphetamine and illegal possession of ammunition.  Halstead was previously convicted in California of felony transport of marijuana in 2006 and felony burglary in 2010.  

At the plea hearing, Halstead admitted that from about August 2016 through November 2018, he was involved in a conspiracy that distributed more than seven pounds of methamphetamine in the Fort Dodge and Webster County areas.  Halstead arranged for his mother, other family members and friends to transport methamphetamine, marijuana and cocaine from California to Iowa by car and train.  In 2017, law enforcement made three one ounce buys of methamphetamine from Halstead.  In 2018, law enforcement seized over 30 grams of methamphetamine, 30 grams of cocaine, ecstasy pills, $6,981, and well over 100 rounds of 9mm ammunition.         

Halstead was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Halstead was sentenced to 168 months’ imprisonment.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.  Halstead remains in custody of the United States Marshal until he can be transported to a federal prison.

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

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

The case file number is 18-3046.  Follow us on Twitter @USAO_NDIA.

A man from Sioux City, IA was sentenced August 9, 2019, to more than 9 years in federal prison.

Jesus Giron, age 22, from Sioux City, IA received the prison term after a pleading guilty to possession of a firearm in furtherance of a drug trafficking crime.

Evidence at his detention, change of plea, and sentencing hearings revealed on or about May 20, 2018, was stopped by law enforcement after burglarizing a motor vehicle in Sioux City, Iowa.  Upon his arrest officers located 15 one-gram  baggies of cocaine and $1,041.00 on his person. 

Once at the Woodbury County Jail officers located 15 more baggies, each containing a half-gram of cocaine, in Giron’s waistband.  A search warrant at his home revealed drug packaging materials, marijuana, and ammunition.  In his living room more marijuana and five baggies of cocaine were discovered.  In his basement, officers located a large duffel bag with a large quantity of marijuana and cocaine inside.  Also in this bag was a handgun, digital scales, and drug packaging materials.  Almost directly above where this bag was located, on top of an air duct, was a plastic shopping bag containing $5,000.

Giron was already a state felon, on state probation, and awaiting resolution of other state felony charges when these discoveries were made.

Giron was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Giron was sentenced to 117 months’ imprisonment and he must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.

The case was 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 18-CR-4048.

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A man from Sioux City, IA was sentenced August 7, 2019 to more than 4 years in federal prison.

Victor Chavarria, age 21, from Sioux City, IA received the prison term after pleading guilty to possession of a firearm by a prohibited person.

Evidence presented at his detention, change of plea, and sentencing hearings revealed Chavarria was an unlawful user and distributor of marijuana who knowing possessed firearms and ammunition in furtherance of his drug trafficking.  In fact, when this activity was discovered, one of the handguns had been stored under a mattress upon which a 3-year old child was sleeping.  Evidence also revealed Chavarria has a history of domestic violence.  On one occasion, he and another male handcuffed a victim, causing her pain and physical injury, held her against her will and used an electric trimmer to shave her head.

Chavarria was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand to 50 months’ imprisonment.  Chavarria 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 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 18-CR-4090.

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A convicted felon who unlawfully possessed a firearm was sentenced August 6, 2019, to more than two years in federal prison.

Travis Seeman, age 36, from Newhall, Iowa, received the prison term after a guilty plea to one count of possession of a firearm by a felon.  Seeman was previously convicted of operating a vehicle while intoxicated, subsequent offense, a Class D felony in Iowa.  Documents and statements at sentencing showed that Seeman possessed multiple firearms, including a handgun that he had in his hand when he grabbed and pushed his then-girlfriend during a domestic assault incident.   

Seeman was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Newell was sentenced to an imprisonment term of 26 months and 20 days.  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 Benton County Sheriff’s Department. 

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

The case file number is 18-CR-123. 

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A man who conspired to distribute methamphetamine pled guilty August 6, 2019, in federal court in Sioux City.

Julio Cesar Salais, age 45, from Sioux City, Iowa, was convicted of conspiracy to distribute methamphetamine and distributing methamphetamine within 1000 feet of a protected location.  Salais was twice previously convicted of conspiracy to distribute methamphetamine in the Northern District of Iowa District Court in 1996 and 2002.

At the plea hearing, 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. 

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Salais remains in custody of the United States Marshal pending sentencing.  Salais faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of life imprisonment, a $20,000,000 fine, and at least ten 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 19-4024.  Follow us on Twitter @USAO_NDIA.

A man who conspired to distribute methamphetamine was sentenced August 8, 2019, to four years in federal prison.

Jose Ignacio Leanos, age 29, from Inwood, Iowa, received the prison term after a March 18, 2019, guilty plea to conspiracy to distribute methamphetamine.

At the guilty plea, Leanos admitted that from about 2017 through April 2018, he and others distributed more than 50 pounds of methamphetamine in the Lyon County, Iowa area.  In April 2018, Leanos distributed nearly a pound of pure methamphetamine to an individual cooperating with law enforcement, and at the time possessed more than five pounds.  Evidence at the sentencing further showed that Leanos and others imported methamphetamine from Mexico to distribute in Iowa.  

Leanos was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Leanos was sentenced to 48 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.  Leanos 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 18-4034.  Follow us on Twitter @USAO_NDIA.

A man who received child pornography pled guilty on August 5, 2019, in federal court in Cedar Rapids. 

Derek Clemens, age 31, from Evansdale, Iowa, was convicted of 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. 

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Clemens remains in custody of the United States Marshal pending sentencing.  Clemens faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, $5,100 in special assessments, and supervised release for 5 years to life following any imprisonment. 

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation, the Evansdale Police Department, the Black Hawk County Sheriff’s Office, the Waterloo 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 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 19-2030. 

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Today, in a ceremony held at the Embassy Club in Des Moines, the Eastern Iowa Heroin Initiative was recognized for developing innovative solutions to combat the opioid epidemic.  The Eastern Iowa Heroin Initiative is funded by the Midwest High Intensity Drug Trafficking Area and is a joint venture of the United States Attorney’s Office and the Cedar Rapids Police Department.  The Initiative was formed in 2015 to combat the rise of opioid overdose and death in Iowa by using a three‑part strategy of enforcement, prevention, and treatment. 

The award was given by the Addiction Policy Forum, which is a nationwide nonprofit organization dedicated to eliminating addiction as a major health problem.  The Addiction Policy Forum is headquartered in Washington, D.C., with resources and services in every state. The Addiction Policy Forum’s Innovation Now forum at https://www.addictionpolicy.org/innovation-now contains numerous state studies of innovative programs developed to address the opioid crisis.   

“Through innovative strategies like the Eastern Iowa Heroin Initiative, we can reduce overdose injuries and deaths in Iowa while bringing drug dealers to justice,” said United States Attorney Peter Deegan.  “I credit the Cedar Rapids Police Department and the members of my office whose hard work has made this Initiative successful.”

Cedar Rapids Police Chief Wayne Jerman said, “Deaths from opioid-related symptoms reached a 10-year low last year in Iowa.  The innovative efforts of the Cedar Rapids Police Department, United States Attorney’s Office for Northern District of Iowa, and Midwest High Intensity Drug Trafficking Area to develop one of only two comprehensive opioid awareness and outreach programs in the country is impactful.  By continuing to work with other organizations in the community, we hope to see the number of victims of overdose continue to decline.”

Since 2015, the Eastern Iowa Heroin Initiative has conducted numerous town hall events to raise community awareness, training events for first responders to correctly handle an overdose scene and conduct a responsive investigation, naloxone (Narcan) administration training, training to medical professionals, and training to drug treatment and prevention specialists. As part of the enforcement efforts, the U.S. Attorney’s Office has prosecuted over 100 defendants for various felony-level opioid charges since October 2015 throughout the district.  These prosecutions involved trafficking in opioids, including heroin, fentanyl and other dangerous drugs.  Many of the cases involved drug distributions that resulted in overdose death or injury.  

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A man who unlawfully possessed a firearm after committing a crime of domestic violence was sentenced on July 30, 2019, to more than 3 years in federal prison.

Sunni Askari Newell, age 33, from Waterloo, Iowa, received the prison term after a guilty plea to one count of Possession of a Firearm by a Person Convicted of Domestic Violence.  The domestic violence conviction was entered on June 11, 2009, in Milwaukee, Wisconsin. 

Documents at sentencing showed that, in the early morning hours of June 4, 2017, Newell saw officers approaching two people involved in a verbal dispute.  Newell walked over to one of the people involved in the dispute, appeared to take something from that person, and tried to leave the scene.  Officers later found a loaded handgun in the defendant’s pant leg.  In September 2018, Dazarris Shemeek Wilkerson received a 33 month imprisonment term for possessing the same firearm on the same date as Newell.  Wilkerson was charged with Possession of a Firearm by a Felon.        

Newell was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Newell was sentenced to an imprisonment term of 42 months and 1 day.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.  The defendant’s sentence runs consecutively to the sentences imposed in state court for two additional offenses the defendant committed after the June 4, 2017 incident.      

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 Federal Bureau of Investigation. 

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

The case file number is 18-CR-2070.  The case file number for Dazarris Wilkerson’s case is 17-CR-2082. 

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Levi Wallace, age 32, from Long Grove, Iowa, has been charged with one count of importation of an analogue controlled substance, one count of use of the United States mail to facilitate a drug crime, and one count of attempted possession with intent to distribute a mixture or substance containing 4- Methymethcathinone (commonly called mephedrone or 4-MMC), an analogue of methcathinone, a Schedule I controlled substance.­ 

The charges are contained in an Indictment filed on January 12, 2011, and unsealed on June 25, 2019.  On June 25, Wallace was arrested in the Central District of California when he arrived by plane from China, where he had been living since 2010.  Chinese authorities deported Wallace on June 24, 2019.  Wallace had hearings in federal court in California, which resulted in his detention. 

­If convicted on all charges, Wallace faces a possible maximum sentence of 44 years’ imprisonment, a $2,250,000 fine, and 9 years of supervised release following any imprisonment.­

Wallace appeared today in federal court in Cedar Rapids and was continued to be held without bond.  Wallace’s next appearance for trial is set for September 23, 2019. 

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 Patrick J. Reinert and was investigated by Department of Homeland Security, Homeland Security Investigations and the Drug Enforcement Administration (DEA) Task Force comprised of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; and the Iowa Division of Narcotics Enforcement.

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

The case file number is 11-CR-2004.  Follow us on Twitter @USAO_NDIA.

A man who possessed a firearm in 2016, after the Black Hawk County Sheriff denied him a gun permit in 2014, was sentenced yesterday to more than three years in federal prison.  Michael Thomas Buttermore, age 38, from Waterloo, Iowa, originally from Beaver County, Pennsylvania, received the prison term after a January 2, 2019, guilty plea to possessing a firearm as a prohibited person.

Evidence presented in court showed that, in 2005, Buttermore was committed to a mental institution in Pennsylvania.  In 2014, after moving to Iowa, Buttermore applied to the Black Hawk County Sheriff for a permit to acquire a firearm.  The Sheriff denied Buttermore’s application and reminded Buttermore that it was illegal for him to possess firearms under federal law on account of his 2005 commitment.  In 2016, the Waterloo Police Department began receiving reports about Buttermore acting erratically.  In September 2016, Buttermore was involved in an altercation at his residence with another man; during the incident, Buttermore was carrying a Colt M4 assault rifle and the other man had a knife.  A woman later reported that Buttermore had chased her down the street with the assault rifle.  Ultimately, officers approached Buttermore and he agreed to surrender the firearm along with ammunition he illegally possessed, including two high-capacity magazines.  After surrendering the firearm, however, Buttermore unsuccessfully attempted to regain possession of the firearm from the Waterloo Police Department.  In addition to his prior commitment, Buttermore, who has a criminal history in both Pennsylvania and Iowa, now admits he was an unlawful user of methamphetamine and heroin, which also made it unlawful for Buttermore to possess firearms.

Buttermore was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Buttermore was sentenced to 41 months’ imprisonment.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

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

Buttermore 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 Tim Vavricek 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 18-CR-2063.

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A man who brandished and racked a stolen firearm during a disturbance outside an apartment complex in Dubuque, Iowa, in August 2018, was sentenced July 25, 2019, to over two years in federal prison.

Matthew Raymond Bills, age 35, from Dubuque, Iowa, received the prison term after a February 12, 2019, guilty plea to one count of possessing a firearm as a drug user.

In a plea agreement, Bills admitted he was in an argument with two other people outside an apartment complex in Dubuque on August 10, 2018.  During the argument, Bills displayed a handgun and racked it in a threatening manner, causing a round to eject.  When officers arrived at the scene, they found a live .380 round outside the apartment complex and confronted Bills.  Bills told the officers he had hidden the firearm in a closet in a room in the apartment building, and officers later found a loaded Smith & Wesson M&P Bodyguard .380 ACP pistol in that location.  The firearm was stolen in Platteville, Wisconsin, less than a month before the argument.  Bills admitted he knew the firearm was stolen.  Bills knew he was a methamphetamine user at the time of the incident, which made it illegal under federal law for him to possess a firearm.  Bills had used marijuana on a daily basis since the age of 14 and had more recently begun using methamphetamine in an attempt to stop using marijuana.  Bills has prior convictions for driving under the influence of marijuana and for possessing marijuana while fishing.

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

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

Bills 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 Tim Vavricek and investigated by the Dubuque Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. 

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

The case file number is 19-CR-1003.

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A self-employed tax preparer who filed fraudulent tax returns for his customers was sentenced July 23, 2019, to one year in federal prison.

Serge Cibuyi, age 49, a naturalized United States citizen originally from the Democratic Republic of the Congo, currently residing in Moline, Illinois, received the prison term after an October 25, 2018, guilty plea to one count of preparing and filing a false and fraudulent tax return, in violation of Title 26 U.S.C. § 7206. 

In a plea agreement, Cibuyi admitted that, while living in Cedar Rapids, Iowa, he received an online certificate in tax-return preparation.  Cibuyi admitted that when preparing returns for customers, he prepared fraudulent tax returns by claiming false deductions and credits or by inflating legitimate deductions and credits.  As part of the scheme, Cibuyi paid individuals to allow Cibuyi to use their dependents on other taxpayers’ returns to boost refunds.  Between 2014 and 2015, Cibuyi prepared and filed at least 36 false tax returns with a tax loss to the United States in excess of $100,000. 

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

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

The case was prosecuted by Assistant United States Attorneys Justin Lightfoot and Matthew J. Cole and investigated by the Internal Revenue Service.

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

The case file number is 18-CR-81.

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A convicted sex offender who lived and worked in Iowa for approximately a year without registering was sentenced today to more than two years in federal prison.

Shawn Hutson, age 38, from Gays Mills, Wisconsin, received the prison term after a November 13, 2018, guilty plea to failing to register as a sex offender.

Information from the sentencing hearing showed that Hutson was required to register as a sex offender because he was previously convicted of sexual assault in Wisconsin.  In 2011 and 2012, he was twice convicted of failing to register as a sex offender in Allamakee County, Iowa.  While still on probation following the 2012 conviction, Hutson was convicted of failing to notify a school of his sex offender status.  He also started living and working in Iowa in the summer of 2017, while still on probation.  He continued to live and work in Iowa until May 2018, without ever registering as a sex offender. 

Hutson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Hutson was sentenced to 27 months’ imprisonment.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.  Hutson 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 Marshal’s Service and the Iowa Division of Criminal Investigation.  Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 18-CR-1039.

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A man who sexually exploited a child and possessed child pornography was sentenced on July 23, 2019, to 40 years in federal prison.

John Hunt, age 35, of Cedar Rapids, Iowa, received the sentence after an October 18, 2018, guilty plea to one count of sexual exploitation of a child and one count of possession of child pornography.  In a plea agreement, Hunt admitted that, between 2015 and 2017, he used, persuaded, induced, and enticed a minor to engage in sexually explicit conduct to produce visual depictions, and that he threatened to distribute depictions of the minor.  In the plea agreement, Hunt also admitted to possessing child pornography, including depictions of prepubescent children. 

Hunt was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Hunt was sentenced to 480 months’ imprisonment.  A special assessment of $200 was imposed, and Hunt 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 Cedar Rapids 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 18-69. 

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A man who was serving a fifteen-year federal prison sentence when he tried to hire a “hitman” to murder two people in Northeast Iowa was sentenced today to 20 years in federal prison.

Jason Harriman, age 45, formerly of Traer and Independence, Iowa, received the prison term after a January 29, 2019, jury verdict finding him guilty of two counts of murder-for-hire.

The evidence at trial showed that in 2011, Harriman was sentenced to serve fifteen years in federal prison for unlawfully possessing a gun and ammunition.  While in federal prison in Arkansas, Harriman made multiple phone calls and sent multiple emails to an individual he thought was a hired killer, but was actually an undercover agent from the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  After meeting with the “hitman” in person in the prison, Harriman signed a contract calling for the murders of two people who were living in Northeast Iowa.  Harriman agreed to pay the “hitman” $21,000 and had already given the “hitman” a 1969 Dodge Charger as a down payment.  During a later phone conversation with the undercover agent, Harriman asked the agent to photograph and record the murders, so that Harriman could watch the recordings after he got out of prison.

Harriman was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Harriman was sentenced to 240 months’ imprisonment, which was ordered to run consecutively to his prior federal sentence.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

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

The case was prosecuted by Assistant United States Attorneys Anthony Morfitt and Kyndra Lundquist and investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Bureau of Prisons Special Investigative Service. 

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

The case file number is 18-CR_2033.

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A man who attempted to entice a minor to engage in illegal sexual activity pled guilty today in federal court in Cedar Rapids. 

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

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Koontz remains in custody of the United States Marshal pending sentencing.  Koontz faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $250,000 fine, $5,100 in special assessments, and supervised release for 5 years to life following any imprisonment. 

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation 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 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 19-48.

Katie Louise Boll, age 31, from Manchester, Iowa, has been charged with thirteen counts of acquiring a controlled substance by misrepresentation, fraud, deception and subterfuge during 2018 and one count of tampering with a consumer product, specifically morphine, on December 24, 2018.­  The charges are contained in an Indictment filed on July 7, 2019, in United States District Court in Cedar Rapids. ­

The Indictment alleges that, between September 2018 and January 2019, Boll acquired controlled substances including hydrocodone, morphine, oxycodone, codeine, and tramadol, from at least fourteen patients in her care at a nursing home by acquiring the pills by misrepresentation, fraud, deception and subterfuge.  Boll is also charged with one count of tampering with a consumer product by diluting liquid morphine with mouthwash, resulting in injury to a patient.

If convicted on all charges, Boll faces a possible maximum sentence of 62 years’ imprisonment, a $3,500,000 fine, and 42 years of supervised release following any imprisonment.­

Boll appeared on July 16, 2019, in federal court in Cedar Rapids and was released on bond.  Boll’s next appearance for trial is set for September 16, 2019 

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

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

The case file number is 19-CR-2044.  Follow us on Twitter @USAO_NDIA.

A man who previously spent time in state prison for burglary and robbery offenses was sentenced July 11, 2019, to five years in federal prison.

Jacob Mervin Gary, age 29, from Waterloo, Iowa, received the prison term after a March 14, 2019, guilty plea to being a felon and drug user in possession of a firearm.

At his guilty plea, Gary admitted he knowingly possessed multiple guns after having been convicted of the felony offenses of conspiracy to commit robbery and attempted burglary and while being an unlawful user of marijuana.  On September 26, 2018, Waterloo police officers searched Gary’s residence and found a rifle with a high capacity magazine attached, another rifle, a pistol, and multiple types of ammunition.  Gary was on parole at the time.  

Gary was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Gary was sentenced to 60 months’ imprisonment.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

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.        

Gary 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 Bureau of Alcohol, Tobacco, and Firearms and the Waterloo Police Department. 

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

The case file number is 18-cr-2069.

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A man who obtained more than 15 pounds of ice methamphetamine for redistribution in the Cedar Rapids, Iowa, area was sentenced July 11, 2019, to 14 years in federal prison.

Jonathan James Toomer, age 44, from Cedar Rapids, Iowa, received the prison term after a November 2, 2018, guilty plea to conspiring to distribute methamphetamine near a school and playground and possessing a firearm as an unlawful drug user.

Evidence at a prior hearing showed that, beginning in 2016, Toomer sold methamphetamine in the Cedar Rapids area.  In the fall of 2017, Toomer acquired a California source for methamphetamine.  Over the next approximately nine months, Toomer and his co-conspirators took multiple trips to California to obtain pounds of ice methamphetamine for resale in Cedar Rapids.  In January 2018, officers executed a warrant at defendant’s house and camper in Hiawatha, Iowa.  Inside defendant’s camper, the officers found approximately 80 grams of ice methamphetamine, drug ledgers, and a loaded handgun.  Officers also seized over $44,000 in cash proceeds of Toomer’s prior methamphetamine sales inside a safe in the house.

Toomer also involved his minor child in the drug scheme, including taking him on trips to California to obtain methamphetamine.  After Toomer was arrested on the federal drug charge, he spoke to his son from jail, directing him to pick up a package of methamphetamine that had been delivered to his trailer, and to contact his drug source in California and “stop all calls.” 

Toomer was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand.  Toomer was sentenced to 168 months’ imprisonment.  He was ordered to forfeit a handgun and $78,947 in drug proceeds.  He must also serve a 10-year term of supervised release after the prison term.  There is no parole in the federal system.

Toomer 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 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 prosecuted by Special Assistant United States Attorney Drew Inman and Assistant United States Attorney Dan Chatham. 

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

The case file number is 18-CR-00050-LTS-MAR.

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A man who falsely claimed he was not a drug user when buying an AK-47-style rifle in 2018 was sentenced July 11, 2019, to nearly three years in federal prison.

Braiden Robert William Despenas, age 22, from Mason City, Iowa, received the prison term after a March 4, 2019 guilty plea to being an unlawful drug user in possession of a firearm and making a false statement during the purchase of a firearm.

In a plea agreement, Despenas admitted that he was an unlawful marijuana user between at least October 2017 and March 2018.  Court records show that in October 2017 Despenas was involved in an injury collision while he was driving under the influence of marijuana.  In March 2018, Despenas purchased an AK‑47‑style rifle with a high‑capacity magazine from a federal firearms licensee in Dubuque.  Despenas admitted that while completing ATF forms during the purchase of the rifle he falsely denied that he as a drug user. 

Court records further show that Despenas purchased at least five firearms between October 2017 and May 2018.  He falsely claimed he was not a drug user on each form.  In October 2017, Despenas bought two pistols in Mason City.  Less than two months later, Mason City police recovered one of those pistols after it was found lying, loaded with four rounds, in a yard in Mason City.

During a search of Despenas’s home in June 2018, officers recovered manuals, boxes, and ammunition for some of the firearms, but no firearms.  Despenas claimed the pistols he purchased in October 2017 were stolen, but that he had not reported the theft.  He also initially stated he “believed” he purchased the AK-47-style rifle, but denied, or claimed he could not recall, purchasing other firearms.  When confronted with the fact that officers had purchase paperwork for all of the firearms, Despenas admitted to purchasing them.  He claimed he had thrown one of them in a river because it did not work correctly, and that two others were at a relative’s house.  Police recovered two of the firearms at another apartment associated with Despenas in Mason City later that day.  Two firearms Despenas illegally purchased have never been recovered by law enforcement.

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

Despenas 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 Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Mason City Police Department, and prosecuted by Assistant United States Attorney Dan Chatham. 

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

The case file number is 19-CR-03001-CJW-MAR.

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A man who possessed guns illegally and received drugs in the mail while in jail was sentenced July 10, 2019, to more than a year in federal prison.

John Conrad Walgren, age 25, from Dubuque, Iowa, received the prison term after pleading guilty to being a prohibited person in possession of a firearm and possession of contraband while in prison.

Walgren had previously been the subject of state proceedings regarding his mental health that made it illegal for him to possess firearms.  His girlfriend obtained multiple guns which he then accessed and possessed.  After being arrested and while in custody for possessing the guns, a family member mailed cards to the jail for Walgren.  Concealed within those cards was alprazolam, commonly called Xanax.

Walgren was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Walgren was sentenced to a total of 14 months’ imprisonment.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

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

Walgren 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 Bureau of Alcohol, Tobacco, and Firearms, the Dubuque Police Department, the Dubuque County Sheriff’s Office, and the Linn County Sheriff’s Office. 

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

The case file numbers are 18-cr-1041 and 19-cr-0052.

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A Waterloo couple who threatened the woman’s ex-boyfriend with a gun were sentenced today to federal prison.

John Joseph Sanford, Jr., age 43, from Waterloo, Iowa, received the prison term after a March 6, 2019, guilty plea to one count of possession of a firearm by a felon.  Laika Latrece Burt, age 43, from Waterloo, Iowa, received the prison term after a March 1, 2019, guilty plea to one count of possession of a firearm by a felon.

At their guilty pleas, Sanford and Burt both admitted that they knowingly possessed a firearm on January 1, 2018, after having been previously convicted of a felony offense.  Evidence shows that on January 1, 2018, Burt retrieved a gun from her house and she and Sanford drove to her ex-boyfriend’s home where they threatened him with the loaded handgun.  Police responded to the residence and found the loaded handgun in Burt’s car.  Sanford and Burt were later married in April 2018.

Sanford had previously been convicted in the Iowa District Court in Black Hawk County of (1) burglary, second degree, in 1994; (2) distribution of a controlled substance to a person under age eighteen in 1998; (3) possession of a controlled substance with intent to deliver in 1998; and (4) possession of cocaine base, third offense, in 2007.  Sanford is currently serving a five year sentence for a conviction on January 25, 2019, in Black Hawk County for possession of methamphetamine, third offense, and possession of cocaine, third offense.

Burt had previously been convicted in the Iowa District Court in Black Hawk County in 2001 of (1) possession of a controlled substance with intent to deliver; and (2) a drug tax stamp violation.  Burt is currently serving a five year sentence for a conviction on November 26, 2018, in Black Hawk County for possession of marijuana, third offense.

Sanford and Burt were sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Sanford was sentenced to 120 months’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  Burt was sentenced to 30 months’ imprisonment.  She must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Sanford and Burt are being held in the United States Marshal’s custody until they can be transported to an Iowa state prison to complete their state sentences.

The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Waterloo Police Department. 

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

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

The case file number is 18-CR-2009.

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A man who conspired with others to distribute ice methamphetamine was sentenced yesterday to 30 years’ in federal prison.

Robert Lewis, age 44, from Janesville, Iowa, received the prison term after an August 22, 2018, jury verdict finding him guilty of conspiracy to distribute at least 500 grams of a mixture of methamphetamine and 50 grams of actual methamphetamine.

The evidence at trial showed that in the summer of 2013, Lewis began working with various individuals to distribute ice methamphetamine throughout the Waterloo area.  Lewis and his associates obtained methamphetamine from an out-of-state source of supply who shipped the methamphetamine via FedEx concealed in car part boxes.  Each shipment contained multiple pounds of methamphetamine which Lewis and others would break down into smaller quantities for redistribution once it arrived in Iowa.  Lewis also used his daughter to register a car for the head of the drug organization and allowed other members of the conspiracy access to his home, referred to at trial as the “clubhouse,” for the purpose of repackaging and distributing methamphetamine.  Lewis left Iowa in the fall of 2013, but continued to receive methamphetamine from his co-conspirators.  In January 2014, one co-conspirator attempted to send Lewis methamphetamine hidden in a Hamburger Skillet prepared meal box.  FedEx employees flagged the package as suspicious and investigators ultimately seized ¼ ounce of methamphetamine from the inside of the box.

The evidence at sentencing showed that after trial, Lewis obstructed justice by threatening and intimidating multiple individuals who testified as witnesses at the trial.  This included telling one witness that he “was a dead man.” 

Lewis was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand.  Lewis was sentenced to 360 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.

Lewis 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 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 Federal Bureau of Investigation, Iowa Division of Narcotics Enforcement, and the Tri-County Drug Enforcement Task Force (Waterloo Police Department; Cedar Falls Police Department; Waverly Police Department; Bremer County Sheriff’s Office; Black Hawk County Sheriff’s Office; LaPorte City Police Department; Evansdale Police Department; Hudson Police Department). 

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

The case file number is 17-CR-2084.

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A man who possessed child pornography pled guilty on July 8, 2019, in federal court in Cedar Rapids.

Troy French, age 29, from Cedar Rapids, was convicted of one count of possession of child pornography.  At the plea hearing, French admitted that, between 2012 and 2017, he knowingly possessed child pornography, including one or more depictions of prepubescent children.

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  French was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing.    French faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, $5,100 in special assessments, and supervised release for 5 years to life following any imprisonment. 

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

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 19-5. 

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A Webster City doctor who made false statements to the United States Attorney’s Office about Medicare claims that the doctor had billed for his nursing home patients pled guilty today in federal court in Cedar Rapids.

Dr. Joseph X. Latella, age 76, from Webster City, Iowa, was convicted of one count of making false statements relating to health care matters.  At the time of the offense, Dr. Latella operated a private practice in Webster City, and he also was the Hamilton County Coroner and the medical director for multiple nursing homes in the Webster City area.

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

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

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

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

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Dr. Latella remains free on bond pending sentencing.  Dr. Latella faces a possible maximum sentence of five years’ imprisonment, a $250,000 fine, and three years of supervised release following any imprisonment. 

The case is being prosecuted by Assistant United States Attorney Tim Vavricek and was investigated by the Department of Health and Human Services, Office of the Inspector General, and the Iowa Medicaid Fraud Control Unit. 

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

The case file number is 19-CR-3030.

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

Joel Martinez-Reyes, age 34, a citizen of Honduras illegally present in the United States and residing in Iowa City, Iowa, received the prison term after a May 15, 2019, guilty plea to one count of illegal reentry into the United States.

At the guilty plea, Martinez-Reyes admitted he had previously been deported from the United States in October 2009, February 2010, and October 2013 and illegally reentered the United States without the permission of the United States government.  Martinez-Reyes was found by immigration agents in April 2019 illegally working in Cedar Rapids.

In September 2009, Martinez-Reyes was convicted in the United States District Court for the Western District of Texas of illegal entry into the United States from Mexico by crossing by Rio Grande River. 

Martinez-Reyes was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand.  Martinez-Reyes was sentenced to 89 days’ imprisonment.  He must also serve a one-year term of supervised release after the prison term.  There is no parole in the federal system.

Martinez-Reyes 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-40. 

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A man who conspired to distribute methamphetamine and possessed guns was sentenced June 28, 2019, to 19 years in federal prison.

Travis Wayne Mattson, age 35, from Sioux City, Iowa, received the prison term after a November 26, 2018, guilty plea to conspiracy to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime.

At the guilty plea, Mattson admitted his involvement in a conspiracy that from January, 2017, through approximately May 11, 2018, distributed nearly 10 pounds of methamphetamine mixture in the Sioux City, Iowa area.  Mattson kept his methamphetamine and drug proceeds in safes inside his home.  Evidence also showed that on one occasion Mattson fired multiple rounds at a drug customer’s residence.  During a search warrant of Mattson’s residence, law enforcement located methamphetamine, drug paraphernalia, a digital scale, 9mm rounds of ammunition, a bullet proof vest, and two guns.  Evidence at the sentencing further showed that Mattson installed metal and wood barricades to fortify his residence as well as security cameras to monitor entrances to the residence. 

Mattson was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Mattson was sentenced to 228 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.  Mattson is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Mikala Steenholdt and investigated by the Iowa Division of Narcotics Enforcement, Iowa Department of Criminalistics Investigation, Spencer Police Department, Clay County Sheriff’s Office, Iowa Great Lakes Drug Task Force, and Bureau of Alcohol, Tobacco, Firearms, and Explosives. 

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

The case file number is 18-4043.  Follow us on Twitter @USAO_NDIA.

Terrance Nordwall, age 50, of Faribault, Minnesota, has been charged with attempted sex trafficking of children, attempted enticement of minors, and travel for the purpose of engaging in illicit sexual conduct.  The charges are contained in an Indictment unsealed on June 19, 2019, in United States District Court in Cedar Rapids.  

The Indictment alleges that, between March 2019 and April 2019, Nordwall attempted to solicit and entice two persons he believed to be under 18 to engage in commercial sex acts and acts constituting sexual abuse under Iowa law.  The Indictment also alleges that, in April 2019, Nordwall traveled across a state line for the purpose of engaging in illicit sexual conduct.  The Indictment also alleges that, in two different counties in Minnesota in 2004, Nordwall was convicted of three counts of criminal sexual conduct and one count of possession of pornographic work involving minors.

If convicted, Nordwall faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $750,000 fine, and at least five years and up to life on supervised release following any imprisonment. 

Nordwall appeared on June 25, 2019, in federal court in Cedar Rapids and was held without bond.  Nordwall’s next appearance for trial is set for August 26, 2019. 

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

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and is being investigated by the Iowa Division of Criminal Investigation 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 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 19-57. 

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A man with a history of violence who possessed a firearm and ammunition was sentenced today, to more than five years in federal prison.

Keith Taylor, age 37, from Sioux City, Iowa, received the prison term after a guilty plea to one count of possession of a firearm and ammunition by a prohibited person on November 19, 2018.

Evidence at the detention, change of plea, and sentencing hearings revealed on May 1, 2018, Taylor unlawfully entered the apartment of a former girlfriend, terrorized her, her friends, and her child who were with in the apartment with her; and got into a physical altercation with another person in the apartment. During the altercation Taylor pulled out a gun, pointed it at the other person, and threatened him. A struggle ensued and the weapon was discharged into the ceiling of the apartment. Taylor fled the scene, but Taylor’s vehicle was located nearby, police found a revolver with five live rounds and one spent round in the cylinder of the revolver in the trunk of the vehicle.

Before May 1, 2018, Taylor had been convicted of numerous crimes, including convictions for offenses involving assault, drugs and guns.

Taylor was sentenced in Sioux City by Chief United States District Court Judge. Taylor was sentenced to 75 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.

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

The case was investigation by the Sioux City, Iowa Police Department and prosecuted by Assistant United States Attorney Forde Fairchild.

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

The case file number is 18-CR-4071.

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Troy Cooke, 46, from Sioux City, Iowa, was charged with 1 Count of transferring a firearm and ammunition to a felon, the charges are contained in an indictment filed February 20, 2019 in United States District Court in Sioux City. 

The allegations against Cooke were, in essence, that he gave a gun (an IAC Billerica, Model 1911-A1, handgun) and ammunition to Ronald Warner knowing and having reason to know Ronald Warner had been convicted of a crime punishable by imprisonment for a term exceeding a year.

Trial was scheduled to begin July 1, 2019. Just days before trial, Cooke entered a guilty plea, without a plea agreement, and fully admitted to the crime for which he was charged. Cooke faces a possible maximum sentence of 10 years’ imprisonment, a $100 fine, and 5 years of supervised release following any imprisonment.­

The case is being 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-CR-4010.

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A repeat drug trafficker was sentenced June 20, 2019, to more than 15 years in federal prison for possessing heroin laced with fentanyl.

Deandre Joseph Warren, age 33, from Chicago, Illinois, received the prison term after a November 20, 2018, guilty plea to possession with intent to distribute heroin within 1,000 feet of a school.

In a plea agreement, Warren admitted he possessed heroin he planned to distribute within 1,000 feet of a school located in Cedar Rapids, Iowa.  Warren was found with the heroin when officers responded to a home in Cedar Rapids due to a noise complaint, where they encountered Warren.  Warren dropped multiple bags of heroin and marijuana in an attempt to hide them from officers.  Testing later revealed the heroin also contained fentanyl.  Warren’s criminal history includes numerous previous drug trafficking offenses and two convictions in 2018 for domestic abuse offenses, including one involving strangulation. 

Warren was sentenced in Cedar Rapids by United States District Court C.J. Williams.  Warren was sentenced to 188 months’ imprisonment.  He must also serve a 6-year term of supervised release after the prison term.  There is no parole in the federal system.

Warren 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 18-cr-00082.

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An Anamosa man who helped fence stolen firearms was sentenced on June 20, 2019, to seven years in federal prison.

David A. Miller, age 48, from Anamosa, Iowa, received the prison term after a January 14, 2019, guilty plea to one count of possessing a firearm as a felon.

At the guilty plea and other court hearings, evidence established that, in March 2017, Miller received seven guns from another felon in rural Anamosa.  Miller agreed to take the seven guns to a third man’s home in Olin in order to facilitate a trade of the guns for a stolen four-wheeler.  Officers later found the guns during a search of the Olin man’s home.  Then, in January 2018, officers found an eighth firearm during a search of a shop at Miller’s home.  Miller was storing the eighth firearm for his son, after his son’s mother kicked the son out of her house.

Miller has an extensive criminal history, which includes more than 30 adult criminal convictions, including five drunk driving convictions and a conviction for manufacturing methamphetamine in Benton County.  Miller was on pretrial release in state court in Jones County for a felony theft charge when he received the seven stolen firearms.

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

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

Miller 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 Tim Vavricek and investigated by the Jones County Sheriff’s Office. 

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

The case file number is 18-CR-99-CJW.

Eight people who, among other crimes, conspired to sell over three kilograms of ice methamphetamine in the Dubuque area have been sentenced cumulatively to more than 97 years in federal prison. 

Keith Richard Ellis, age 36, from Dubuque, Iowa, was sentenced to 160 months’ imprisonment and 8 years’ supervised release following his May 25, 2018 guilty plea to conspiring to distribute methamphetamine. 

Joshua Allen Carter, age 33, from Tucson, Arizona, was sentenced to 124 month’s imprisonment and 5 years’ supervised release following his May 21, 2018 guilty plea to conspiring to distribute methamphetamine. 

Michael Scott Boen, age 26, from Potosi, Wisconsin, was sentenced to 42 months’ imprisonment and 4 years’ supervised release following his July 11, 2018 guilty plea to conspiring to distribute methamphetamine. 

Melissa Marie Petesch, age 30, from Hazel Green, Wisconsin, was sentenced to 132 months’ imprisonment and 3 years’ supervised release following her June 12, 2018 guilty plea to conspiring to distribute methamphetamine, conspiring to commit money laundering, and possessing a firearm in furtherance of a drug trafficking crime. 

Brenda Lynn Harker, age 40, from Dubuque, Iowa, was sentenced to 78 months’ imprisonment and 4 years’ supervised release following her August 2, 2018 guilty plea to conspiring to distribute methamphetamine and conspiring to commit money laundering.

Jose Juan Ceja, age 25, from Bell Gardens, California, was sentenced to 156 months’ imprisonment and 5 years’ supervised release following his June 28, 2018 guilty plea to conspiring to distribute methamphetamine.

Mauricio Bayardo Chan, age 21, from Tijuana, Baja California, Mexico, was sentenced to 300 months’ imprisonment and 5 years’ supervised release following his August 1, 2018 guilty plea to conspiring to distribute methamphetamine and conspiring to commit money laundering.

Samuel Oliver Taylor, III, age 41, from Dubuque, Iowa, was sentenced to 180 months’ imprisonment and 5 years’ supervised release following his August 6, 2018 guilty plea to conspiring to distribute methamphetamine, conspiring to commit money laundering, and possession of a firearm in furtherance of a drug trafficking crime

All eight defendants admitted they had conspired to distribute ice methamphetamine in the Dubuque area.  Evidence presented at two of the sentencing hearings showed that Chan and Ceja, who represented themselves to be affiliated with the Sinaloa drug cartel, supplied ice methamphetamine from Mexico. Taylor acted as the primary local intermediary for the methamphetamine in Dubuque.  At one point, Taylor provided Chan with a loaded firearm so Chan could “resolve a drug debt” with another individual.  Shortly thereafter, Chan returned the firearm unloaded.

In October 2017, Ceja appeared at one of his co-conspirators’ residences looking to retrieve something from a prior shipment of methamphetamine.  When the customer did not tell him the location of the methamphetamine, Ceja showed the customer videos of cartel members cutting off peoples’ hands and heads, and made threats against another member of the conspiracy.  Chan had made similar threats in the past, showing a co-conspirator similar videos and stating that the only way out of dealing with him was “death or prison.”

All eight defendants were sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand.  There is no parole in the federal system.

The case was investigated by the Dubuque Drug Task Force, the Iowa Division of Narcotics Enforcement, and the Federal Bureau of Investigation and prosecuted by Special Assistant United States Attorney Drew Inman and Assistant United States Attorney Dan Chatham.

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

The case file number is 18-CR-1002-LTS-MAR.

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WASHINGTON – Assistant United States Attorney Timothy Duax, Chief of the U.S. Attorney’s Office in the Northern District of Iowa’s Sioux City brank office, was one of 172 members of the Department of Justice recognized by Deputy Attorney General Jeffrey Rosen, and Executive Office for U.S. Attorneys (EOUSA) Director James Crowell, IV at the 35th Director’s Awards Ceremony today in Washington D.C.

The Northern District of Iowa was one of 31 districts represented at the ceremony which was held in the Great Hall at the Robert F. Kennedy Department of Justice Building.

In addressing the award recipients and guests, Deputy Attorney General Rosen told the awardees, “Today’s honorees have earned the esteem of their colleagues.  But most importantly, you have earned the gratitude of your fellow citizens — whose communities you have made safer, whose lives you have improved, and whose trust you have rewarded.”

In his remarks, EOUSA Director James Crowell told the recipients, “The Department of Justice is in truth a deployed force.  Your work isn’t easy, but it is vital to the functioning and enduring nature of our democracy.  As federal prosecutors, we are held to a higher standard, a standard that requires us to ensure that we uphold the rule of law and the fundamental rules of fairness in every trial, every settlement, every plea, and every legal argument in which we are involved.”

AUSA Duax was recognized for his superior performance in a managerial or supervisory role.  Over the past several years, Duax overcame difficult circumstances, including limited resources and a disruptive construction project, to greatly enhance the leadership, productivity, and morale in the Sioux City office.  At the same time, he prosecuted some of the office’s most difficult human trafficking and sexual exploitation cases while serving in a number of district-wide roles for the Northern District of Iowa.

“AUSA Duax demonstrated outstanding dedication and hard work, leading the Sioux City office by setting the example every day,” said United States Attorney Peter E. Deegan, Jr.  “Through difficult times and trying circumstances,

AUSA Duax’s leadership, good humor, passion, and work ethic never wavered.  My entire office is grateful for his continued commitment to doing everything he can to help protect the people of Iowa.”

EOUSA provides oversight, general executive assistance, and direction to the 94 United States Attorneys’ offices around the country. For more information on EOUSA and its mission, visit http://www.justice.gov/usao.

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A man who sexually exploited a child pled guilty today in federal court in Cedar Rapids.

David Vogelpohl, age 21, from Vista, California, was convicted of 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.

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

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the 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 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 18-3053. 

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

Efrain Alvarez-Victoriano, age 44, a citizen of Mexico illegally present in the United States and residing in Waterloo, Iowa, received the prison term after an April 12, 2019, guilty plea to one count of misuse of a social security number.

At the guilty plea, Alvarez-Victoriano admitted that on September 11, 2012, he used someone else’s name and social security number on employment forms and state and federal tax forms when applying for work in Waukon, Iowa.  Alvarez-Victoriano was convicted in 2016 of possession of methamphetamine and introducing a controlled substance into a jail and placed on probation.  Alvarez-Victoriano’s whereabouts were unknown to immigration officials until his arrest and sentencing in February 2019 for violating his state probation.

Alvarez-Victoriano was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Alvarez-Victoriano was sentenced to two 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.  Alvarez-Victoriano is being held in the United States Marshal’s custody until he can be returned to state prison where he is serving a five-year sentence on an Iowa drug felony conviction.

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 17-CR-2003.  Follow us on Twitter @USAO_NDIA.

A man who possessed and discharged a hand gun was sentenced today to ten years in federal prison.

Montecarlos Marteze Gant, age 36, from Chicago, Illinoi, received the prison term after a February 6, 2019, guilty plea to being a felon in possession of a firearm.

Evidence during the case established that in April 2018, Gant possessed a Smith and Wesson .380 caliber pistol with an obliterated serial number.  Gant shot one round from the gun while involved in an incident with another individual.  The following day, Gant attempted to sell the gun at a pawn shop in Dubuque, but was unable to because of the gun’s obliterated serial number.  The next day, police responded to a call for service at a residence in Dubuque, and attempted to speak with Gant.  Gant fled from officers, and eventually officers caught him and the pistol was recovered in his pocket, loaded with one round in the chamber. 

Gant’s criminal history included felony convictions for aggravated vehicular hijacking with a firearm and possession of marijuana with intent to distribute.  Gant had been released from prison less than four months before the events giving rise to his federal conviction. 

Gant was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand.  Gant was sentenced to 120 months’ imprisonment, the statutory maximum sentence.  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, the Chief Judge Strand noted that in light of his criminal history, Gant “should not have been, frankly, within the same zip code of a firearm.”

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.

Gant 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 Bureau of Alcohol, Tobacco, and Firearms and the Dubuque Police Department. 

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

The case file number is 18-CR-1019.

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Law enforcement agencies across the state continue to make communities safer by partnering to reduce gun related crimes and violence.  United States Attorney Peter E. Deegan, Jr. announced charges and arrests in thirty-two recent federal gun cases at a press conference held at the United States Attorney’s Office.  Deegan was joined by Donald Dockendorf, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Thomas Reinwart, Federal Bureau of Investigation, Deputy Chief Thomas Jonker, Cedar Rapids Police Department, Assistant Chief of Police Jeremy Jensen and Investigator Nicholas Schlosser, Dubuque Police Department, Deputy Marshal Nick Bonifazi, United States Marshal’s Service, Special Agent Mike Fischels, Homeland Security Investigations, and Chief Deputy John Stuelke, Captain Greg McGivern, Lieutenant Matt Pavelka, and Sergeant Dave Beuter, all of the Linn County Sheriff’s Office.

“The charges in these cases demonstrate the Department of Justice’s continued commitment to prosecuting the most dangerous offenders in our communities,” said United States Attorney Peter E. Deegan, Jr.  “We will continue to work with all of our outstanding local, state, and federal law partners to investigate and prosecute those who use guns to commit crimes and those unlawfully possess guns and ammunition.  Convicted felons, drug users, and those who have committed domestic violence are simply not allowed to possess guns or ammunition.  Those who do violate federal law and will be held accountable.”

In the past few months, the work of federal, state, and local law enforcement agencies has resulted in the following matters in federal court in Cedar Rapids:

Jesus David Jimenez, age 33, Karondius Martea Kelly, age 20, Jamaal Baker, age 40, Charles John Cizek, age 41, Alberto Quinto-Pascual, age 36, Shevin Darnell Caston, age 28, Diamond Meshan Duckings, age 34, Jumoni Dontez Wilson, age 18, Levi Farren Miller, age 28, Rajih Rafee Donley, age 31, all of Waterloo, Iowa; John David Orr III, age 19, Johnnie Eugene Raymond, age 22, Charles Dwayne Carter, age 27, all of Dubuque, Iowa; Dustin Blake Herubin, age 23, Daytrell Washington-Roby, age 21, Raven Damien Meader Burkhow, age 24, Drew Blahnik, age 32. Fernaris Braggs, age 31, Andrew Shaw, age 31, Jontreyvius Richmond, age 21, Darnell Henderson, age 23, Mathew John Wharton, age 28, Zachary Francis Hogan, age 28, Paul Hoff, age 40, Untario McGhee, age 18, all of Cedar Rapids, Iowa; Clint Hospodarksy, age 44, of Iowa City, Iowa; Randolph High, age 62, of Stanwood, Iowa; Justin Allen Bryce Gulian, age 28, of Clarksville, Iowa; Richard Dale Olge II, age 30, of Cresco, Iowa; Gilbert Lopez, Jr., age 33, of West Union, Iowa; Edinton Grugbay Wright, age 22, of Marion, Iowa; and Brett Scott Meana, age 43, of Peosta, Iowa, have all been charged with various violations of federal law including being a prohibited person in possession of a firearm.  The charges are contained in complaints and indictments filed within the last few months in United States District Court in Cedar Rapids.

The complaint and indictment against Burkhow alleges that in March and April 2019, Burkhow sold cocaine to a confidential informant on five separate occasions.  On April 29, 2019, investigators executed a search warrant at Burkhow’s residence in Cedar Rapids and located fourteen guns, eight silencers, thousands of rounds of ammunition, a money counting machine, cash, and cocaine.  Burkhow admitted to investigators that he uses controlled substances.  The case file is 19-mj-149 and 19-cr-59.   

The complaint and indictment against Washington-Roby alleges that in September 2018, Washington-Roby posted a photo of himself on Facebook holding a Glock 9mm handgun.  The firearm was later seized from one of Washington-Roby’s friends while Roby and the friend were together.  Washington-Roby admitted to officers that he uses marijuana and had been doing so since a young age.  Also, on April 5, of this year, Washington-Roby was in a vehicle involved in a shots-fired investigation.  A pistol was found in that vehicle.  The case file is 19-mj-117 and 19-cr-47.

The complaint against Quinto-Pascual alleges that on May 10, 2019, Waterloo Police officers responded to a call for a man with a gunshot wound.  The unresponsive male was taken to a nearby hospital.  Officers later located a .32 caliber revolver that was involved in the shooting.  Quinto-Pascual was identified as someone who was with the male earlier that evening.  Quinto-Pascual was located and admitted to being with the male that night and that the firearm belonged to him.  Quinto is alleged to have possessed a firearm with an obliterated serial number and possessed a firearm while being a drug user.  This case file is 19-mj-168.

The complaints and indictments filed against McGhee, Kelly, Cizek, Braggs, High, Raymond, Caston, Henderson, Richmond, Carter, Donley, allege that these defendants were felons who were unlawfully in possession of a firearm or ammunition.

The charges filed against Orr Blahnik, Shaw, Wharton, Hogan, and Hospodarsky allege that these defendants were in possession of a firearm as a drug user.

Miller was charged in May with possessing a firearm as a felon and possessing an unregistered firearm.  

The indictment against Herubin alleges that this defendant possessed with the intent to distribute marijuana near a protected location, two counts of false statement during the purchase of a firearm, and possession of a firearm as a drug user. 

Jimenez, Baker, Duckings, and Gulian were each charged with possessing a firearm as a felon.  Each has since pled guilty. 

In March of this year, Wright and Wilson were both charged with being a drug user in possession of a firearm.  Both have since pled guilty.

Meana was charged in April with possessing an unregistered firearm.  He pled guilty on May 28, 2019.  

Hoff was charged with possessing methamphetamine with the intent to distribute it and possession of a firearm in furtherance of a drug trafficking offense.  He pled guilty on June 13, 2019. 

Lopez pled guilty in June to two counts of being an unlawful user of marijuana and methamphetamine and one count of selling a stolen firearm. 

If convicted on these charges, all defendants face at least a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, $100 in special assessments, and three years of supervised release following any imprisonment.­

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

The cases were 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 cases were investigated by the Bureau of Alcohol, Tobacco, and Firearms, the Federal Bureau of Investigation, the Division of Narcotics Enforcement, the Drug Enforcement Administration, the Cedar Rapids Safe Streets Task Force (composed of representatives from the Federal Bureau of Investigation, the United States Marshal Service, and the Cedar Rapids Police Department), the Waterloo Federal Task Force (composed of the Waterloo Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, and Firearms assisted by the Black Hawk County Sheriff’s Office and Cedar Falls Police Department), the Dubuque Police Department, the Linn County Sheriff’s Office, the Charles City Police Department, and the Winneshiek County Sheriff’s Office. 

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Law enforcement throughout Northwest Iowa, and the United States Attorney’s Office are helping to make Iowa safer by addressing the problems of gun crime and violence.  Assistant United States Attorney Timothy T. Duax announced charges in twenty-six recent federal gun-related cases at a press conference held today at the United States Attorney’s Office.  Duax was joined by Sioux City Police Chief Rex Mueller, who stated:

“We in municipal law enforcement realize the danger that violent offenders can pose to our citizens. Identifying criminals within a community who display increasingly violent tendencies and who use firearms to support their crimes, is a priority for the Sioux City Police Department. Our partnership with the U.S. Attorney’s office is key to the successful detection and prosecution of these major offenders. I am very proud of how this partnership has impacted local community safety by incarcerating these dangerous individuals.”

“There are federal laws that prohibit certain people from possessing firearms and ammunition, and public safety demands those laws be vigorously enforced,” said U.S. Attorney Peter Deegan. I want to thank all of our federal, state and local law enforcement partners for working with the United States Attorney’s Office to bring these cases to federal court. Together we are making our local communities safer for everyone.”

Individuals involved in violent crimes, and individuals involved in the illegal theft, possession or use of guns are the focus of the anti-violent crime initiative. One such individual, Matthew Lynam, a convicted felon who used a firearm to rob two men, was sentenced to 180 months in federal prison today. In addition, over the past three months, the work of federal, state, and local law enforcement agencies has resulted in the following individuals being charged with gun-related crimes.

Oscar Garcia; Andrew Nissen; Jessica Rose Ott; Tanner Earl Lowe; Marcus Swan; Kenneth Petersen; Lucas Osborne; Cole Allen Rongved; Logan Bergenske; Moses Strickland; Anthony Holeyfield; Antwon Holeyfield; Isaac McDonald; Matthew Derrick Guthrie; Traci Lynn Guthrie; Robinson Nguyen; Aaron Michael Hermen; Michael Marshall-Limoges; Hector Andrade; Matthew Lee Fowler; Charles Gail Westfall Jr.; Donald Eugene Rundall III; Jami Lynn Stupka; and Leah Hanson have all been charged with various violations of federal firearms law.  The charges are contained in indictments filed recently in United States District Court in Sioux City.

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

The cases were 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 cases were investigated by the following law enforcement agencies: Sioux City Police Department; Fort Dodge Police Department; Iowa Department of Narcotics Enforcement; North Central Iowa Drug Task Force; Cerro Gordo County Sheriff’s Office; and the Humboldt County Sheriff’s Office.

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

Gumersindo Ventura-Diaz, age 31, a citizen of Guatemala illegally present in the United States and residing in Charles City, Iowa, received the prison term after an April 22, 2019, guilty plea to one count of illegal reentry into the United States.

At the guilty plea, Ventura-Diaz admitted he had previously been deported from the United States in November 2012 and illegally reentered the United States without the permission of the United States government.  Ventura-Diaz was found by immigration agents in March 2019 after he was charged in Floyd County, Iowa, with driving without a license. 

Ventura-Diaz was sentenced in Cedar Rapids by United States District Court C.J. Williams.  Ventura-Diaz was sentenced to 71 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.

Ventura-Diaz 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-2019.

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Daniel Powell, age 25, from Lake City, Iowa, Tylor Boyd, age 26, from Homer, Nebraska, Colton Novak, age 27 from Dakota City, Nebraska, and Matthew Lynam, age 32 from Sioux City, Iowa, received prison terms, ranging from just over four years to 15 years for their roles in a conspiracy to steal and possess guns.          

Daniel Powell, Tylor Boyd, Colton Novak, and Matthew Lynam were each convicted of one count of conspiracy to possess and sell stolen firearms, one count of possession of a stolen firearm and one count of possession of a firearm by a prohibited person.

Evidence presented by the United States in court revealed Boyd, Powell, Novak and Lynam were all unlawful users of controlled substances, and that Boyd and Lynam were convicted felons.  Additionally, the evidence revealed Boyd, Powell, Novak traveled to Greene County, Iowa broke into a shop there, and stole five guns, thousands of rounds of ammunition, and other valuables.  The men tried to dispose of the guns, trading some for methamphetamine. 

Lynam joined the conspiracy after the break-in and participated in the crime by, among other things, attempting to protect to conspiracy by, on or about February 5, 2018 firing a round with one of the stolen guns to scare people who were in a dispute with his codefendants in Dakota County Nebraska.

Even after the conspiracy, Lynam continued his dangerous behavior.  On or about February 14, 2018, defendant robbed two men just moments apart. He fired the handgun to terrorize his victims and bystanders. Defendant also shouted the name of his gang while engaging in the robberies and while fleeing the crime scenes.

Powell, Boyd, and Novak were sentenced on March 11, 2019, and Lynam was sentenced on June 17, 2019, in United States District Court in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Powell was sentenced to 99 month’s imprisonment, Boyd was sentenced to 72 months’ imprisonment, Novak was sentenced to 50 months imprisonment, and Lynam was sentenced to 180 months imprisonment.  Powell, Boyd, Novak and Lynam were ordered to make restitution of $87,713.86.  Powell, Boyd, Novak and Lynam each must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

All are being held in the United States Marshal’s custody until they can be transported to a federal prison.

This case is part of Project Safe Neighborhoods, a cooperative local, state, and federal program aimed at the enhanced prosecution of gun and violent crimes.  The case was investigated by the United States Department of Justice’s Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Sioux City, Iowa Police Department, the Dakota County (Nebraska) Attorney’s and Sherriff’s Offices, the Woodbury County (Iowa) Attorney’s and Sherriff’s Offices, the Greene County (Iowa) Attorney’s and Sheriff’s Offices.  The case was prosecuted by Assistant United States Attorney Forde Fairchild. 

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

The case file numbers are 18-4045 and 18-4051.

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