Northern District of Iowa

A man who attempted to transfer obscene material to a minor was sentenced on May 8, 2019, to 27 months in federal prison.

Matthew Neberman, age 31, formerly of Cedar Falls, Iowa, received the sentence after an October 30, 2018, guilty plea to one count of attempted transfer of obscene material to a minor.  In a plea agreement, Neberman admitted that, in 2016, he masturbated on webcam in order to persuade, induce, and entice a person who he believed was a 13-year-old girl to engage in sex acts with him and to produce sexually explicit depictions of herself and send these depictions to him. 

Neberman was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Neberman was sentenced to 27 months’ imprisonment.  A special assessment of $100 was imposed, and Neberman must also serve a 3-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 Homeland Security Investigations.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 18-2045.

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A Missouri man who conspired with others to sell grain fraudulently marketed as organic pled guilty today in federal court in Cedar Rapids. 

John Burton, age 52, from Clarksdale, Missouri, was convicted of one count of conspiracy to commit wire fraud.  As part of the conspiracy, he admitted that grain grown on non-organic fields was marketed and sold as organic and that unapproved substances were used on fields certified as organic. 

Burton’s plea is related to Randy Constant’s plea from December 20, 2018, when Constant, age 61, from Chillicothe, Missouri, pled guilty to an organic grain fraud scheme involving at least $142 million in grain sales with the vast majority of those sales being fraudulent.  Constant made many of those sales through a brokerage that he owned and operated out of Ossian, Iowa, known as Jericho Solutions.  In other related matters three farmers from Nebraska previously pled guilty to fraud involving the sale of grain fraudulently marketed as organic – Tom Brennan, age 70; James Brennan, age 40; and Mike Potter, age 41 – all from Overton, Nebraska.

Sentencing for Randy Constant, Tom Brennan, James Brennan, and Mike Potter is scheduled for August 16, 2019, before United States District Court Judge C.J. Williams, at the United States Courthouse in Cedar Rapids.  Burton’s sentencing will be set after a presentence report is prepared.  Burton remains free on bond previously set.  Burton faces a possible maximum sentence of 5 years’ imprisonment, a fine of at least $250,000, and 3 years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorneys Jake 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 is at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file numbers are 19-CR-2025 (Burton), 18-CR-2034 (Constant), 18-CR-2058 (T. Brennan), 18-CR-2059 (J. Brennan), and 18-CR-2060 (Potter).

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A man who assaulted his pregnant girlfriend while on federal supervision was sentenced on May 8, 2019, to two years in federal prison.

Codie Lee Allen Fisher, age 29, from Cedar Rapids, Iowa, received the prison term after a court found that he violated the terms of his supervised release by using a controlled substance and alcohol, failing to comply with remote alcohol testing, and committing a new law violation, specifically Domestic Abuse Assault Impeding Air Flow, in violation of Iowa Code § 708.2A(2)(b).

Evidence at his revocation hearing showed Fisher, after consuming alcohol, got into a verbal argument with his pregnant girlfriend.  The assault turned physical when Fisher placed his hands around her neck and throat and choked her multiple times.  The victim reported almost blacking out twice during the assault.  When police responded to the residence, they observed Fisher yelling at the victim, who was backed into a corner.  At the time of the assault Fisher was serving a term of federal supervised release after pleading guilty to making a false statement during the purchase of a firearm in 2016.  Fisher was previously sentenced to a 21-month term of imprisonment and ordered to serve a three-year term of supervised release following his release from Bureau of Prisons custody.    

Fisher was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Fisher’s supervised release was revoked and he was ordered to serve an additional 24-month term of imprisonment.  A no-contact order was also entered preventing Fisher from having any contact with the victim.  Fisher must also serve an additional two-year term of supervised release after the prison term.  There is no parole in the federal system.         

Fisher 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 United States Probation Office for the Northern District of Iowa and the Marion Police Department. 

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

The case file number is 16-CR-33.

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A woman who conspired to distribute methamphetamine pled guilty May 8, 2019, in federal court in Sioux City.

Chelsea Kay Collins, 30, from Fort Dodge, Iowa, was convicted of one count of conspiracy to distribute methamphetamine and one count of distributing methamphetamine.

At the plea hearing, Collins admitted her involvement in a conspiracy that distributed methamphetamine in the Fort Dodge area from January 2018 through September 2018.  In four separate transactions in July 2018, Collins distributed and aided others in the distribution of over 35 grams of pure methamphetamine to individuals cooperating with law enforcement. 

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Collins remains in custody of the United States Marshal pending sentencing.  Collins faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $5,000,000 fine, and at least four 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 Fort Dodge Police Department, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Webster County, Iowa Sheriff’s Office, and Iowa Division of Criminal Investigation. 

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

The case file number is 18-3041.

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A Cedar Rapids woman who gave a fugitive a car ride to a hotel was sentenced today to three months in federal prison.  Saudia Raquel Watkins, age 28, received the prison term after a November 7, 2018, guilty plea to one count of Misprision of a Felony.

In a plea agreement, Watkins admitted that, in November 2016, she provided a car ride to Kelsey Beckett, a federal fugitive felon, to a local motel.  Watkins put the motel room in her name.  A Deputy U.S. Marshal had warned Watkins in August 2016 that Beckett was a fugitive and that Watkins should contact the Deputy U.S. Marshal if she learned of Beckett’s whereabouts.  The Deputy U.S. Marshal also told Watkins there could be criminal charges if she did not do so.  Instead of contacting the Deputy U.S. Marshal, Watkins gave Beckett a ride to the motel and smoked marijuana with Beckett in the motel room.

Watkins was released pending her sentencing.  In November 2018, after she pled guilty, Watkins tested positive for using marijuana.  She then became a fugitive herself.  U.S. Marshals apprehended Watkins in February 2018, after nearly two months on the lam.

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

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

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

The case file number is 18-CR-94.

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An Idaho man who conspired to obstruct justice pled guilty today in federal court in Cedar Rapids.  David Emerson Smith, from Pocatello, Idaho, was convicted of one count of conspiracy to obstruct, influence, and impede an official proceeding.

At the plea hearing and in a plea agreement, David Smith admitted that, from June 2017 through 2018, he agreed with his brother, Darrell Smith, to obstruct, influence, and impede Darrell Smith’s federal sentencing hearing in late 2018.  While awaiting his sentencing hearing at the Bremer County Jail in June 2017, Darrell Smith told David Smith in a recorded telephone call that one of the victims of his fraud scheme could “make it really hard” for Darrell Smith if she continued to “complain” to the government.  Darrell Smith told David Smith it would be “two extra years” if the victim continued her complaint, but Darrell Smith could get the victim some stock shares within a year.  At Darrell Smith’s request, David Smith agreed to contact the victim on the telephone and, in February 2018, David Smith sent a letter to the victim at Darrell Smith’s request.  The letter indicated Darrell Smith had $40,000 for the victim, in her children’s names, in accounts at an investment company.  The letter also reminded the victim she had “$350,000 in tax credits” and two million shares of an energy company available to her.  In truth, the “tax credits” and shares lacked any basis in law or fact.

Law enforcement officers discovered the scheme to obstruct justice before Darrell Smith’s sentencing.  In October 2018, the court found Darrell Smith stole $2.4 million from his investment clients, including $161,800 from the victim whom David Smith contacted at Darrell Smith’s request.  The court also found Darrell Smith had obstructed justice and sentenced him to 175 months in federal prison.

Sentencing before Chief United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared.  David Smith remains released on bond previously set pending sentencing.  David Smith faces a possible maximum sentence of 20 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 Timothy L. Vavricek and was investigated by the Federal Bureau of Investigation and the United States Postal Inspection Service. 

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

The case file number is 18-CR-2071.

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

Juan Gerardo Rodriguez, age 22, a citizen of Mexico illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after a March 1, 2019, guilty plea to one count of illegal reentry into the United States.

At the guilty plea, Rodriguez admitted he had previously been deported from the United States in December 2015 and illegally reentered the United States without the permission of the United States government.  Rodriguez was found by immigration agents in January 2019 after he was charged in Linn County, Iowa, with domestic abuse assault with injury.  That case is still pending.

Rodriguez was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Rodriguez was sentenced to 85 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.

Rodriguez 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-13.

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A Guatemalan man who had been deported twice, illegally returned to the United States, and then used false identification documents to obtain a job was sentenced today to eight months in federal prison.

Cesar Solovi-Valle, age 33, a citizen of Guatemala illegally present in the United States and residing in Decorah, Iowa, received the prison term after a January 28, 2019, guilty plea to one count of unlawful use of identification documents and one count of illegal reentry into the United States.

In a plea agreement, Solovi-Valle admitted he had previously been deported two times from the United States and that he illegally reentered the United States without the permission of the United States government.  Solovi-Valle was deported in September 2004 following a conviction in the Southern District of Texas for illegal entry into the United States.  Solovi-Valle was deported in August 2008 following convictions in June 2008 in Allamakee County, Iowa, for operating a motor vehicle under the influence (OWI), and in July 2008 in Clayton County, Iowa, for third degree criminal mischief.

Solovi-Valle also admitted he used a fraudulent Social Security card and a fraudulent permanent resident card, also known as a “green card,” when he completed an employment form using an alias name in November 2016, at a business in Waukon, Iowa.  The Social Security account number on the card used by Solovi-Valle belonged to another person.  The Alien Registration number on the “green card” was issued to another person.  On November 30, 2016, Solovi-Valle was arrested by immigration agents at the business in Waukon where Solovi-Valle was working under the alias name.

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

Solovi-Valle 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 18-CR-1047.

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A two-time felon was sentenced to more than five years in federal prison today.

Roque Moreno, age 38, from Sioux City, Iowa, received the prison term after an November 19, 2018, guilty plea to one count of possession of a firearm by a prohibited person.

Evidence produced by the United States at the change of plea and sentencing hearings revealed Moreno had two prior felony convictions, and had used guns to threaten people on two occasions, once dry firing the weapon to scare an individual and on another occasion actually firing the weapon into the ground. Additionally, his criminal history revealed a history of dangerousness including five assault convictions, negligent child abuse, interference with official acts, Operating While Intoxicated, and other offenses.    

Moreno was sentenced in Sioux City by Chief United States District Court Judge Leonard T. Strand.  Moreno was sentenced to 70 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.  Moreno 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 the 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 violence crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violence offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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

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

The case file number is 18-CR-04068.

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A man who escaped from a halfway house he was in while finishing his federal prison term was sentenced April 29, 2019, to more than a year in federal prison.

Jermaine Roberts, age 44, from Cedar Rapids, Iowa, received the prison term after an October 20, 2018 guilty plea to escape from custody. 

Evidence at sentencing showed that Roberts was in a halfway house finishing a federal prison sentence following his prior convictions for mail and wire fraud.  Roberts left the halfway house, but failed to return when he was supposed to.  The police located Roberts after receiving a call reporting that Roberts said there was going to be a shooting, warning a citizen to go into his home.  When police arrived on scene, Roberts claimed to have a gun and ran from the officers.  After a foot-chase, officers arrested him.  Roberts stated that he had a gun and officers were going to have to find it.  Officers searched the area and Roberts, but did not find a gun.

The sentencing judge noted that Robert’s criminal history included 29 adult convictions, including six violent crimes.

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

Roberts 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 United States Marshals Service 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-00087.

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An illegal alien was sentenced to 21 months’ in federal prison today.

Luis Alberto DeLoera Serna, age 40, received the prison term after a January 11, 2019, guilty plea to one count of possession of a firearm by a prohibited person.

Evidence produced by the United States at the change of plea and sentencing hearings revealed DeLoera Serna, was not only an alien illegally in the United States and drug user in possession of a firearm, but that he was also an armed drug dealer with a criminal history.   That history included traffic offenses, domestic violence, and seven illegal entries into the United States. 

DeLoera Serna was sentenced in Sioux City by Chief United States District Court Judge Leonard T. Strand.  DeLoera Serna was sentenced to 21 months’ imprisonment.  He must also serve a two-year term of supervised release after the prison term.  There is no parole in the federal system.  DeLoera Serna 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 the 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 violence crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violence offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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

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

The case file number is 18-CR-04091.

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A convicted felon who illegally possessed a firearm was sentenced on April 29, 2019, to more than five years in federal prison.

Dondre Minor, age 23, from Chicago, Illinois, received the prison term after a November 20, 2019 guilty plea to being a felon in possession of a firearm. 

Evidence during the case established that Minor illegally possessed an AR556 .223 caliber semi-automatic firearm on February 21, 2018.  Minor and two other individuals took various guns outside of Dubuque and fired multiple rounds from the guns while filming a video. Minor possessed the firearm after being convicted of criminal gang participation, a felony offense. 

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

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

Minor 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-1042.

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A man who illegally possessed a firearm was sentenced on April 29, 2019, to more than three years in federal prison.

Tondrell Darnez Gary, Jr., age 23, from Waterloo, Iowa, received the prison term after a November 5, 2018, guilty plea to being a drug user in possession of a firearm.

At the guilty plea, Gary admitted he possessed a Ruger 9mm handgun on June 11, 2018.  Gary admitted that when police attempted to stop a car he was traveling in, he tossed the gun out of the car window into a residential area.  Police eventually stopped the car and Gary admitted to being a regular marijuana user. 

Gary was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Gary was sentenced to 41 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.

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

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

The case file number is 18-CR-2047.

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A Mexican man who used a false identification document to obtain a job was sentenced today to more than three months in federal prison.

Charly Martinez-Hernandez, age 19, a citizen of Mexico illegally present in the United States and living in Cascade, Iowa, received the prison term after an February 20, 2019, guilty plea to one count of unlawful use of an identification document.

At the guilty plea, Martinez-Hernandez admitted he used a fraudulent Social Security card bearing an alias name when he completed an employment form at a business in Dyersville, Iowa, on August 20, 2018.  The Social Security number was assigned to someone else.  Martinez-Hernandez also used a fraudulent state of California identification card with the same alias name bearing his photo as part of the application process. 

Martinez-Hernandez was admitted into the United States in April 2018 on a visitor visa with authorization to remain in the United States until October 14, 2108.  Martinez-Hernandez overstayed his visa and failed to leave the United States as required.  Martinez-Hernandez was found by immigration agents on December 29, 2018, after he was charged in Dubuque, Iowa, with operating a motor vehicle while intoxicated (OWI).  That charge is still pending.

Martinez-Hernandez was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Martinez-Hernandez was sentenced to 106 days’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Martinez-Hernandez 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-1001.

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A man who entered the United States illegally from Mexico was sentenced on April 26, 2019, to time served of 90 days.

Angel Bahena-Delgado, age 23, from Mexico, received the sentence after a February 15, 2019, guilty plea to one count of illegal re-entry.

At the guilty plea, Bahena-Delgado admitted he had illegally entered the United States from Mexico in August of 2018, after previously being deported on May 8, 2017. 

Bahena-Delgado was sentenced in Sioux City by United States District Court Judge Leonard T. Strand.  Bahena-Delgado was sentenced to time served. He must also serve a 1-year term of supervised release after the prison term. 

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

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

The case file number is 19-CR-04007.

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A man who conspired to distribute meth was convicted by a jury on April 25, 2019, after a four-day trial in federal court in Sioux City.

Raul Flores Marin, 47, from Bigelow, Minnesota, was convicted of one count of conspiracy to distribute meth, one count of possession with intent to distribute meth, and one count of possession of a firearm in furtherance of drug trafficking.  The verdict was returned following about 4 hours of jury deliberations.

The evidence at trial showed that in the early morning hours on July 19, 2017, the Osceola County Sheriff’s Office received a 911 call regarding a suspicious pickup truck with Minnesota license plates trespassing on property in rural Osceola County.  While traveling towards the residence, law enforcement observed a pickup bearing Minnesota plates heading away from the property.  Shortly after following the truck, it veered onto the left-hand side of the gravel road and almost into the ditch and a traffic stop was initiated.  Law enforcement encountered Marin and after a search of the truck, law enforcement located and seized a 9mm handgun along with over 15 grams of methamphetamine.  Evidence at trial further showed that Marin was involved in a conspiracy that distributed more than 500 grams of methamphetamine mixture in the Osceola County, Iowa area.  

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

The case is being prosecuted by Assistant United States Attorney Mikala M. Steenholdt and was investigated by the Iowa Department of Narcotics Enforcement, Osceola County Sheriff’s Department, Iowa Great Lakes Drug Task Force, and Iowa Division of Criminalistics Investigation. 

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

The case file number is 18-4011.  Follow us on Twitter @USAO_NDIA.

A man who entered the United States illegally from Honduras was sentenced on April 26, 2019, to four months’ in prison.

Jose Palma-Murillo, age 31, from Honduras, received the sentence after a March 7, 2019, guilty plea to one count of illegal re-entry.

At the guilty plea Palma-Murillo admitted he had illegally entered the United States from Honduras on an unknown dated after previously being deported in June of 2013.  On February 5, 2019, Palma-Murillo came to the attention of ICE authorities after his arrest in Emmetsburg for driving while license revoked and failure to provide proof on insurance.   

Palma-Murillo was sentenced in Sioux City by United States District Court Judge Leonard T. Strand.  Palma-Murillo was sentenced to four months’ imprisonment. He must also serve a 1-year term of supervised release after the prison term. 

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

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

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

The case file number is 19-CR-03008.

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A man who distributed and possessed child pornography pled guilty today in federal court in Cedar Rapids. 

William Rolen, age 56, from New Hampton, Iowa, was convicted of one count of distribution of child pornography and one count of possession of child pornography.  At the plea hearing, Rolen admitted that, in 2018, he knowingly distributed child pornography.  He also admitted that he 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.  Rolen remains in custody of the United States Marshal pending sentencing.  Rolen faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $500,000 fine, $10,200 in special assessments, and supervised release for 5 years to life following any imprisonment. 

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation, Homeland Security Investigations, the Eau Claire, Wisconsin, Police Department, the New Hampton Police Department, and the Chickasaw County Sheriff’s Office. 

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 19-2014.

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A man who conspired to distribute methamphetamine was sentenced April 15, 2019, to 15 years in federal prison.

Craig Eugene Essing, 59, from Fort Dodge, Iowa, received the prison term after a November 26, 2018, guilty plea to conspiracy to distribute methamphetamine.

Evidence at the plea and sentencing hearings showed that Essing and others in the conspiracy distributed over 100 pounds of methamphetamine in the Fort Dodge, area from June 2015 through September 2017. Essing obtained methamphetamine from sources in Des Moines, Iowa for redistribution in the Fort Dodge area. During a search warrant at Essing’s residence on September 8, 2017, law enforcement seized indicia of drug distribution, including approximately fourteen ounces of methamphetamine, eleven firearms, including a SKS rifle, numerous rounds of ammunition, $4,911, three digital scales, packaging material, and other drug paraphernalia. 

Essing was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Essing was sentenced to 180 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. Essing is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Division of Narcotics Enforcement, DCI Criminalistic Laboratory, Iowa State Patrol, Bureau of Alcohol, Tobacco, Firearms and Explosives, Fort Dodge Police Department and the Central Iowa Drug Task Force. 

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

The case file number is 17-3047. Follow us on Twitter @USAO_NDIA.

U.S. Attorney Peter E. Deegan, Jr. joins the Drug Enforcement Administration in announcing that on April 27th, DEA will hold its 17th National Prescription Drug Take Back Day.  The biannual event will be held from 10 a.m. to 2 p.m. at thousands of collection sites around the country, including over 50 here in the Northern District of Iowa. The event is an effort to rid homes of potentially dangerous expired, unused, and unwanted prescription drugs. 

“The DEA’s National Takeback Initiative has been very successful and offers an anonymous and free opportunity to get rid of dangerous and unwanted prescription pills,” U.S. Attorney Deegan stated. “Prescription drug abuse can and does lead to heroin and other opioid abuse.  Heroin and opioids are extremely dangerous drugs and have caused overdose deaths here in our own communities.  Takeback Day is a day our community can come together to fight the opioid and heroin epidemic by ensuring that unneeded prescription drugs are destroyed.”

Last October Americans turned in 457 tons (900,000 pounds) of prescription drugs at almost 6,000 sites operated by the DEA and more than 4,800 of its state and local law enforcement partners. Overall, in its 16 previous Take Back events, DEA and its partners have taken in over 11 million pounds—more than 5,400 tons—of pills. The disposal service is free and anonymous, no questions asked.  The DEA cannot accept liquids, needles, or sharps, only pills or patches.

Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. According to the Centers for Disease Control and Prevention, 91 Americans die each day from an opioid overdose. Some painkiller abusers move on to heroin: Four out of five new heroin users started with painkillers.

Flushing medications down the toilet or throwing them in the trash pose potential safety and health hazards. This initiative addresses the public safety and public health issues that surround medications languishing in home cabinets, becoming highly susceptible to diversion, misuse, and abuse.

For more information or to locate a collection site near you, go the DEA web site at https://takebackday.dea.gov/#collection-locator where you can search by zip code, city, or state.

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Two men who discharged firearms in Marion were sentenced today to ten years in federal prison.

Mykael Robertson, age 20, from Cedar Rapids, Iowa, received the prison term after a November 5, 2018, guilty plea to possessing ammunition after sustaining a conviction for domestic violence.  Yecary Harris, age 19, from Cedar Rapids, Iowa, received the prison term after a November 5, 2018, guilty plea to possessing ammunition as a felon.

Evidence at the sentencing hearing showed that in May 2018, while at the Houby Days celebration, Robertson was assaulted by a group of men.  On May 24, 2018, Robertson and Harris were passengers in a vehicle when they observed two vehicles, each driven by an individual they associated with the assault.  Robertson and Harris had the driver of their vehicle position the vehicle in front of the other two cars.  As the vehicles turned onto First Street in Marion, directly next to Thomas Moore Park, Robertson and Harris leaned out of their respective windows and began discharging their firearms at the two vehicles behind them.  One bullet struck the windshield of one of the vehicles, causing injury to the driver.  Officers eventually recovered six shell casings and multiple bullet fragments from the scene.

Robertson and Harris were sentenced in Cedar Rapids by United States District Court Judge CJ Williams.  During the sentencing hearing, the Judge Williams noted that defendants’ acted in “an incredibly reckless manner that could have resulted in multiple fatalities.”  Robertson and Harris were each sentenced to 120 months’ imprisonment.  They must also each serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

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

The case was prosecuted by Assistant United States Attorney Lisa C. Williams and investigated by the Marion Police Department, The High Risk Unit of the Sixth Judicial Probation Office, the Federal Bureau of Investigations, the Cedar Rapids Police Department, and the Bureau of Alcohol, Tobacco, and Firearms. 

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

The case file number is 18-CR-0060.

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A Florida man who formerly lived in Cresco, Iowa, was sentenced today to the maximum possible sentence of ten years in federal prison for unlawfully possessing a firearm.

Patrick Colvin, age 29, from Lake Whales, Florida, received the prison term after a guilty plea to being a felon in possession of a firearm.  Authorities found a loaded gun hidden under a blanket as part of a traffic stop in Waterloo on June 4, 2018.  The gun’s serial number had been obliterated.  Colvin has a lengthy criminal history, including convictions relating to drug use, drug distribution, theft, and robbery.     

Colvin was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Colvin was sentenced to 120 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.

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

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

The case file number is 18-CR-002040-CJW.

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A man who conspired to manufacture methamphetamine was sentenced April 18, 2019, to 15 years in federal prison.

Justin Michael Cinkan, age 28, from Cedar Rapids, Iowa, received the prison term after a November 20, 2018, jury verdict finding him guilty of conspiring to manufacture five grams or more of methamphetamine near a school and possessing pseudoephedrine for the purpose of manufacturing methamphetamine.

The evidence at trial showed that between September 2015 and May 2016, Cinkan purchased over 25 grams of pseudoephedrine for the purpose of cooking meth.  On four other occasions during that time frame, he had been blocked from purchasing pseudoephedrine as a result of the State of Iowa’s electronic pseudoephedrine tracking system.  Trial evidence also showed that Cinkan had other individuals purchase pseudoephedrine and other materials used for manufacturing meth.  In the few days prior to May 1, 2016, Cinkan and a woman stockpiled materials to cook meth at a home in Marion.  Cinkan and the woman got into an argument and he threatened to blow up the female by lighting an active one-pot meth lab on fire.  After the woman’s brother found an apparent one-pot meth lab in the house and called police, the Marion Police Department discovered the one-pot lab and other meth-making materials in the house.

Cinkan was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand.  Cinkan was sentenced to 180 months’ imprisonment.  He must also serve an 8-year term of supervised release after the prison term.  There is no parole in the federal system.

At sentencing, Chief Judge Strand found that Cinkan had recruited others into the conspiracy, and also found that Cinkan had testified falsely at trial.  The court also noted that Cinkan had gone on a “crime spree” in May 2016.  Cinkan was convicted of three felonies after he stole, and then abandoned, three cars during the week after the discovery of his meth lab on May 1.  The final stolen car was later found with materials for meth manufacturing still inside.  Cinkan had also previously been convicted of a felony crime of possessing methamphetamine precursors.

Cinkan 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 Marion Police Department and prosecuted by Assistant United States Attorneys Dan Chatham and Kyndra Lundquist.

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

The case file number is 18-CR-00053-LTS.

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A man who enlisted his cousin to break into a Cedar Rapids man’s home and order him at gunpoint to transfer an Internet domain was convicted by a jury on April 18, 2019.  The jury’s verdict followed a four-day trial in federal court in Cedar Rapids.

Rossi Lorathio Adams II, age 26, from Cedar Rapids, Iowa, also known as “Polo,” was convicted of conspiracy to interfere with commerce by force, threats, and violence.  The verdict was returned after about an hour of jury deliberations.

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

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

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

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

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

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

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

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.

Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared.  Adams was taken into custody by the United States Marshal after the verdict was returned and will remain in custody pending sentencing.  Adams faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, and three years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorneys Timothy L. Vavricek and Matthew J. Cole and was investigated by the Cedar Rapids Police Department.  Hopkins was sentenced to 20 years’ imprisonment in June 2018.

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

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

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

Cody Jelinek, age 36, from Waterloo, Iowa, received the prison term after a November 2, 2018, guilty plea to conspiracy to distribute methamphetamine.

At the guilty plea, Jelinek admitted that between 2013 and 2016, he was involved in a conspiracy to distribute ice methamphetamine.  During the course of the conspiracy, Jelinek distributed more than three pounds of ice methamphetamine.

Jelinek was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand.  Jelinek was sentenced to 130 months’ imprisonment.  He must also serve a four-year term of supervised release after the prison term.  There is no parole in the federal system.

Jelinek 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, 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), Mid Iowa Drug Task Force (Marshalltown Police Department; Marshall County Sheriff’s Office; Tama County), and Dubuque Drug Task Force (Dubuque Police Department; Dubuque County Sheriff’s Office).

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

The case file number is 18-CR-2026.

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A woman who participated in a scheme to defraud victims across the country, including Iowa, out of more than $450,000 was sentenced today to more than a year in federal prison.

Karina Henao, age 36, a Colombia citizen living in Florida, received the prison term after a November 5, 2018, guilty plea to wire fraud.

In a plea agreement, Henao admitted that from September through November 2017, she participated in a scheme to defraud businesses and individuals across the country.  Henao admitted she controlled multiple bank accounts and that other participates of the scheme lied to businesses and individuals to get the victims to transfer money to Henao’s bank accounts.  Henao also admitted she then wired some of the money to bank accounts in Hong Kong, China, and Taiwan.  In total, more than $450,000 in fraudulent money was wired into Henao’s bank accounts, though some of the money was recovered by authorities.  Henao personally withdrew over $27,000 of the money during the time she participated in the scheme. 

Henao was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand.  Henao was sentenced to 13 months’ imprisonment.  She was ordered to make $297,099.72 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.

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

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

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

The case file number is 18-cr-3033.

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Josh Harry Isler, age 55, from St. Ansgar, Iowa, was sentenced today in United States District Court in Cedar Rapids to serve 42 months’ imprisonment as a result of his July 11, 2018, pleas of guilty to one count of trade secret theft and one count of making a false statement to the Federal Bureau of Investigation. ­ 

As part of his guilty plea, Isler admitted that, during August 2013, while employed with DuPont, and after having accepted an offer of employment with a smaller competitor, he stole and misappropriated, without authorization, trade secrets of DuPont.  According to admissions contained in a plea agreement and evidence presented at a prior hearing in the case, Isler was recruited by a competitor of DuPont in the ethanol fuel business to take a job with the competitor.  The competitor offered Isler a new car and a significantly higher salary than Isler had been paid during his short tenure at DuPont, despite the fact that Isler had been underperforming and struggling to understand basic concepts while employed by DuPont. 

On the same day Isler accepted a position with the competitor, the competitor’s Chief Operating Officer (COO) informed Isler that Isler would be servicing two particular ethanol plant customers, who had also been customers of DuPont, and asked Isler if he had seen “any baseline data” for those plants.  Isler responded by stating, “let me see what I can before I can’t.”  In a later message that day, the COO told Isler, “I think you made the right choice.” 

Isler submitted his resignation letter to DuPont the following day.  However, Isler did not leave DuPont until two weeks later.  During the intervening two weeks, Isler downloaded and sent to the competitor numerous electronic files that contained proprietary and trade secret information of DuPont.  This included test, yield, and pricing information for products and customers of DuPont.

A few days before leaving DuPont, Isler notified the competitor’s COO that he would be turning in his company phone to DuPont.  The COO instructed Isler to “erase all texts with me before giving the phone back.”

During an exit interview with DuPont, Isler acknowledged that he understood a confidentiality agreement he signed before he started work with DuPont required that Isler keep DuPont’s intellectual property private even after he left the company.

A few months after Isler left DuPont, the FBI executed a federal search warrant at his residence and seized computers and other electronic storage devices that contained proprietary and trade secret information of DuPont.  At that time, Isler falsely denied to the FBI that he had downloaded, to his DuPont or personal electronic storage devices, files containing proprietary information of DuPont.

At the sentencing hearing today, United States District Court Judge Linda R. Reade emphasized that, although Isler had signed a confidentiality agreement and had been trained and counseled by DuPont concerning his obligation to protect trade secrets, he nonetheless committed several criminal violations of these obligations within about six months of being hired by DuPont.  The court also expressed concern about the ethics of the competitor in receiving the stolen information.

Isler was sentenced to serve 42 months’ imprisonment and ordered to pay a $200 special assessment and a $5000 fine.  The court also ordered Isler to serve a 3-year term of supervised release following completion of the term of imprisonment.

“The theft of intellectual property is not only unfair, it is a serious crime with serious consequences,” said United States Attorney Peter E. Deegan, Jr.  “Those who steal trade secrets seek to gain an unfair advantage over their victims and, in the process, their greedy acts damage our economy and stifle technological development.  My office will continue to prosecute those who steal secrets from companies in the Northern District of Iowa.”

FBI Special Agent in Charge of the Omaha Division Randall Thysse said, "The theft of trade secrets and other intellectual property harms individual companies and our economy, and the FBI will continue to aggressively investigate these activities."

Isler was allowed the privilege of self-surrender to the United States Bureau of Prisons.

The case was prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by the Federal Bureau of Investigation. 

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

The case file number is 18-CR-2032-LRR.                     

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CEDAR RAPIDS, IA – The United States Attorney’s Office for the Northern District of Iowa recently collaborated with prosecutors, law enforcement, mental health providers, and school officials to discuss how best to prevent and address school threats.  The group gathered existing resources and developed their own materials to build a school threats prevention resource guide. 

The group is now following that effort by moderating a School Threats Forum.  The forum will be held at Center-Point Urbana High School and will include moderated discussion and audience questions detailing the prevention of and response to school threats. The forum will address mental health resources available in the community as well as behavioral indicators that may present cause for concern. Law enforcement officers and prosecutors will discuss how undeterred behavior can potentially lead to the involvement of the criminal justice system.       

Numerous local agencies will be represented at the forum, including the United States Attorney’s Office, Center Point-Urbana High School, the Linn County Attorney’s Office, the Sixth Judicial District Juvenile Court Services, the Abbe Center for Community Mental Health, Foundation2, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Linn County Sheriff’s Office.     

Event Details

When:         April 17, 2019

Where:        CPU High School Gym, 145 Iowa St., Center Point, Iowa

Time:           7:00 P.M. to 8:15 P.M.

This is a camera friendly event and interview opportunities will be available.  Media members please RSVP to Tony Morfitt at tony.morfitt@usdoj.gov if you plan to attend.

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A multi-time felon who committed a spree of car burglaries in Cedar Rapids in June and July 2018 was sentenced today to more than seven years in federal prison. 

Michael Shannon Adams, age 41, from Cedar Rapids, received the prison term after a September 28, 2018, guilty plea to possession of a firearm by a felon.

Evidence in the case established that, on June 24, 2018, Adams broke into a truck in Cedar Rapids and stole three guns and an $800 pool cue from the truck’s owner.  Adams broke both driver side windows of the truck to get inside.  On June 26, 2018, Adams returned to the scene, broke into the same truck a second time, and stole the owner’s garage door open.  Then, on June 30, 2018, Adams broke into two more vehicles outside a union hall in Cedar Rapids and stole the owners’ purses.  One of the victims jumped into her vehicle and chased Adams, but Adams escaped on foot around a chain-link fence.

On July 2, 2018, Adams broke into more vehicles in Cedar Rapids near Hawkeye Downs.  Law enforcement officers responded and saw Adams discard a plastic bag into some greenery.  Officers arrested Adams and found one of the three stolen firearms in the bag.  The firearm was loaded and there was a round chambered.  Officers also found knives on Adams’s person.  Adams eventually confessed to stealing the three firearms on June 24, 2018, and officers found one of the two remaining stolen firearms in Adams’ residence.  This second firearm was also loaded.  Further, officers found over 300 rounds of ammunition, a small amount of methamphetamine, and drug paraphernalia in Adams’ residence.  Officers were unable to recover the third firearm, which Adams said was in a “hiding spot” around his residence.

Adams has a lengthy criminal history, which dates back to 1996 and spans multiple states.  Before his arrest and prosecution in this federal case, Adams was convicted of felonies in North Carolina, South Carolina, and Woodbury County, Iowa.  Adams’ criminal history includes convictions for breaking and entering, second-degree burglary, receiving stolen goods, conspiracy to commit robbery, and theft.  In 2005, Adams was convicted of conspiracy to commit robbery in Woodbury County after he and two other individuals entered a residence to steal property.  In that case, Adams and one of his coconspirators wore masks.  The victim of the home invasion was held at knife-point during the robbery.   

Adams was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Adams was sentenced to 90 months’ imprisonment.  He was ordered to make $475.66 in restitution to one of his victims.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Adams is being held in the United States Marshal’s custody until he can be transported to a federal prison.  The case was prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the Cedar Rapids 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-89-CJW.

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A man who possessed an assault rifle while unlawfully using marijuana was sentenced today to seven months in federal prison. Daulton Graff, age 20, from Waterloo, Iowa, received the prison term after an October 29, 2018, guilty plea to one count of being an unlawful user of marijuana in possession of a firearm.

Information at sentencing showed that Graff purchased an AR-15 assault rifle from a store in Cedar Falls, Iowa.  During the purchase, Graff lied on an ATF form, committing perjury by claiming he was not a drug user.  Law enforcement later searched Graff’s apartment, finding the assault rifle in Graff’s bedroom.  The gun was loaded.  Officers also found 25 grams of marijuana in the bedroom. 

After being arrested, Graff was released pending trial.  However, while on release, he failed to attend required substance abuse treatment appointments and tested positive for using marijuana.  The Court revoked his release and ordered him detained pending today’s sentencing hearing. 

Graff was sentenced in Cedar Rapids by United States District Court Judge C. J. Williams.  Graff was sentenced to seven 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.  Graff 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 Bureau of Alcohol, Tobacco, Firearms, and Explosives 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-2039.  Follow us on Twitter @USAO_NDIA.

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

Hilario Vicente-Vargas, age 29, a citizen of Mexico illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after a February 14, 2019, guilty plea to one count of illegal reentry into the United States.

At the guilty plea, Vicente-Vargas admitted he had previously been deported from the United States in March 2017 and illegally reentered the United States without the permission of the United States government.  Vicente-Vargas was found by immigration agents in November 2018 after he was charged in Linn County, Iowa, with operating a motor vehicle while intoxicated (OWI).  Vicente-Vargas was arrested for OWI on February 12, 2017, and on November 5, 2018.  Vicente-Vargas was convicted of OWI in both cases on December 31, 2018. 

Vicente-Vargas was sentenced in Cedar Rapids by United States District Court Judge C. J. Williams.  Vicente-Vargas was sentenced to 86 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.  Vicente-Vargas 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-01.  Follow us on Twitter @USAO_NDIA.

CEDAR RAPIDS, IOWA – In observance of National Crime Victims’ Rights Week, April 7-13, 2019, the United States Attorney’s Office for the Northern District of Iowa is participating in multiple events throughout the state, including honoring an Algona, Iowa, police officer with the highest federal honor in Iowa for victim services by a law enforcement officer.  

“Victims of crime deserve justice. This Department works every day to help them recover and to find, prosecute, and convict those who have done them harm,” said Attorney General William P. Barr. “During this National Crime Victims’ Rights Week, we pause to remember the millions of Americans who have been victims of crime and we thank public servants who have served them in especially heroic ways. This week the men and women of the Department recommit ourselves once again to ensuring that crime victims continue to have a voice in our legal system, to securing justice for them, and to preventing other Americans from suffering what they have endured."

“It is a crucial to our criminal justice system that we hear the voices of crime victims,” said United States Attorney Peter E. Deegan, Jr.  “The events of National Crime Victims’ Rights Week give law enforcement and the public the chance to show victims of crime that others stand with them, hear their voices, and recognize their courage.”

Each year in April, the Department of Justice and United States Attorneys’ offices observe National Crime Victims’ Rights Week nationwide by taking time to honor victims of crime and those who advocate on their behalf. In addition, the Justice Department and U.S. Attorneys’ offices organize events to honor the victims and advocates, as well as bring awareness to services available to victims of crime. This year’s observance takes place April 7-13, with the theme: Honoring Our Past. Creating Hope for the Future.

The U.S. Department of Justice will host the Office for Victims of Crime’s annual National Crime Victims’ Service Awards Ceremony in Washington, D.C. on April 12, 2019, to honor outstanding individuals and programs that serve victims of crime.

The United States Attorney’s Office for the Northern District of Iowa will participate in and encourages the public to attend the following events:

• On April 7, there will be an opening ceremony as the kick-off event for National Crime Victims’ Rights Week 2019. The ceremony will be held at Horizons, 819 5th St. SE, Cedar Rapids at 1:00 P.M. This event will include a proclamation from Mayor Brad Hart declaring the week to honor victims of crime. The ceremony will feature the presentation of the Jennifer Clinton Domestic Violence Service Award. There will also be a keynote address given by a domestic violence survivor;

• On April 8, from 6:30 to 7:30 P.M. at Horizons, 819 5th St. SE, Cedar Rapids, there will be a Memorial Craft Night, where memorial boxes will be crafted to process trauma experience, honor loved ones lost, and share a safe space with others.  Light refreshments and crafting materials will be provided;

• On April 11, there will be a candle-lighting ceremony and speakers as part of the National Crime Victims’ Rights Week 2019 Commemoration.  The commemoration will occur at the Iowa Department of Corrections, 510 East 12th Street, in Des Moines, from 10:00 A.M. to 12:30 P.M.;

• On April 12, there will be a Candle Light Vigil at Horizons, 819 5th St. SE, Cedar Rapids, from 7:00 to 8:30 P.M.  The annual Survivor's candlelight vigil offers families of victims of crime, survivors of violent crime, and loved ones to join together in memorial. The event will share a slideshow of the victims, offer a chance to light memorial candles, and celebrate the lives of those lost. The candlelight vigil will have light refreshments, music, and spoken poetry;
   
• On April 13, the Go the Distance for Crime Victims 5K run/walk will be held at Thomas Park in Marion.  Registration begins at 7:00 A.M.  More information is available at http://GotheDistance5k.com.
   

Also, on April 12, United States Attorney Deegan will present the Law Enforcement Victim Services Award to Officer Marcus Bacha of the Algona Police Department in a ceremony beginning at 1:00 P.M. at the Algona Police Department, 121 W State St., Algona.  This award is presented to law enforcement officers in Iowa who go beyond the call of duty to help crime victims.  It is the highest federal honor in Iowa for victim services by a law enforcement officer.

“When a teen girl with special needs disclosed she was being abused by a family member, Algona Police Officer Marc Bacha investigated the victim’s complaint, and after a great deal of hard work and determination, secured the evidence, that led to a conviction,” said United States Attorney Deegan.  “The perpetrator received a 15 year prison sentence and the victim is moving on with her life. Officer Bacha’s willingness to hear and act on the victim’s cries for help is what makes him an outstanding choice for a Victims’ Rights Award.”

The Department of Justice’s Office for Victims of Crime, within the Office of Justice Programs, leads communities across the country in observing National Crime Victims’ Rights Week each year. President Ronald Reagan proclaimed the first National Crime Victims’ Rights Week in 1981 to bring greater sensitivity to the needs and rights of victims of crime.

The Office of Justice Programs provides innovative leadership to federal, state, local, and tribal justice systems, by disseminating state-of-the art knowledge and practices across America, and providing grants for the implementation of these crime-fighting strategies. Because most of the responsibility for crime control and prevention falls to law enforcement officers in states, cities, and neighborhoods, the federal government can be effective in these areas only to the extent that it can enter into partnerships with these officers. More information about the Office of Justice Programs and its components can be found at www.ojp.gov. More information about Crime Victims’ Rights Week can be found at https://ovc.ncjrs.gov/ncvrw/. You may also contact the U.S. Attorney’s Victim Witness Program at (319)363-6333.

A man who illegally possessed a firearm was sentenced April 3, 2019, to two years in federal prison.

Trevon Parham-Holmes, age 20, from Cedar Rapids, Iowa, received the prison term after an October 30, 2019, guilty plea to possession of a firearm and ammunition by a drug user.

Evidence during the case established that police tried to stop a car in Waterloo after receiving that information that one of the occupants was fighting with an area gang.  The car ignored the police, failed to stop, and led officers on a pursuit, during which the occupants of the vehicle, including Parham-Holmes, threw multiple guns from the car.  The gun Parham-Holmes possessed had previously been stolen. 

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

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

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

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

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

The case file number is 18-CR-2049.

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A man who distributed heroin and fentanyl was sentenced April 3, 2019, to more than two years in federal prison.

Julius Sullivan, age 26, from Chicago, Illinois, received the prison term after an October 25, 2018, guilty plea to distribution of heroin within a protected location.  On July 31, 2018, Sullivan distributed heroin in Cedar Rapids, near a playground located at the Time Check Park. 

Sullivan was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Sullivan was sentenced to 30 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.

Sullivan 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 Justin Lightfoot and investigated by Drug Enforcement Administration 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-0080.

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A Waterloo man who passed $300 worth of counterfeit money to six Cedar Rapids businesses was sentenced on April 2, 2019, to 57 months in federal prison.

David Cummings, age 38, currently living in Waterloo, Iowa, and originally from Chicago, Illinois, received the prison term after a September 27, 2018, guilty plea to passing counterfeit currency. 

In June 2018, Cummings passed counterfeit $50 bills to six Cedar Rapids businesses.  Cummings had a significant criminal history, including convictions for attempted murder and armed robbery and numerous parole and probation violations.

Cummings was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Cummings was sentenced to 57 months’ imprisonment.  He was also ordered to make $300 in restitution.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

Cummings 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 Matthew J. Cole and Justin Lightfoot and investigated by Cedar Rapids Police Department. 

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

The case file number is 18-cr-79.

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Two men who feloniously exchanged gunfire on Sioux City, Iowa’s Near-North Side have been sentenced to federal prison.  One was sentenced today to more than six years in federal prison.  Another was already sentenced on January 16, 2019 to more than a year in federal prison.  

Donald Rashard Smith, Jr., 31, of Yankton, South Dakota, received his prison term of 77 months’ after a November 20, 2018, guilty plea to Possession of a Firearm as a Prohibited Person.  Henry Lee Booth, Jr., 25, of Sioux City, Iowa received a prison term of 18 months’ after a June 28, 2018, guilty plea to Possession of a Firearm as a Prohibited Person and Possession with Intent to Distribute Methamphetamine.

Evidence at the plea hearings and sentencings revealed that in the early morning hours of October 29, 2017, Smith, a felon, and Booth, a drug user and dealer, engaged in a gunfight sparked by a romantic quarrel.  Smith approached a residence used by Booth, and called out, Booth stepped outside of the house and engaged Smith.  The two then repeatedly fired at each other in the residential neighborhood.  At least one bullet entered the Booth’s residence, where a family, including young children, were sleeping. 

When the Sioux City Police arrived the gun fight was over.  The ensuing investigation revealed evidence of Booth’s drug use, drug dealing, and firearm possession. It was also determined Booth and Smith were the combatants.      

Smith was sentenced in Sioux City by Chief United States District Court Judge Leonard T. Strand.  Smith was sentenced to 77 months’ imprisonment.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

Booth was sentenced in Sioux City by Chief United States District Court Judge Leonard T. Strand.  Booth was sentenced to 18 months’ imprisonment.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

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

Smith is being held in the United States Marshal’s custody until he can be transported to a federal prison.  Booth was released on the bond previously set and is to surrender to the United States Marshal.

The case was investigated by the USDOJ’s Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and 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 numbers are 18-CR-4030 and 18-CR-4026.

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A Dubuque man who possessed a sawed-off shotgun and a pistol with an obliterated serial number was sentenced yesterday to more than three years in federal prison.  Neil George Ness, also known as Neelon Ness, 66, from Dubuque, Iowa, received the prison term after a September 7, 2018 guilty plea to one count of Possession of an Unregistered Short-Barreled Shotgun.

At Ness’s sentencing hearing, the district court found that, in August 2016, Dubuque Police Department officers executed a search warrant at Ness’s home in Dubuque after receiving information that another person was selling marijuana from the home.  In the other person’s room, officers found three pounds of marijuana, psilocybin mushrooms, cocaine, and marijuana growing equipment.  During the search, the officers also examined a locked cabinet in defendant’s bedroom.  In the cabinet, officers found a number of firearms, including a sawed-off shotgun with a barrel length of approximately 14.5 inches.  The firearm was not registered to Ness in the National Firearm Registration and Transfer record, and thus Ness’s possession of the firearm was illegal. Officers also found a pistol with an obliterated serial number.  Ness admitted he knowingly possessed both illegal firearms.

Ness was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Ness was sentenced to 37 months’ imprisonment and fined $2,500.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Ness was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.  The case was prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the 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 18-CR-1024.

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A Guatemalan man who used another person’s name and social security number to get jobs was sentenced today to six months in federal prison.

Melvin Rodriguez-Barrios, age 44, a citizen of Guatemala illegally present in the United States and residing in Clarion, Iowa, received the prison term after a January 2, 2019, bench trial finding him guilty of three counts of unlawful use of an identification document and four counts of misuse of a social security number. 

The evidence at trial showed that on May 23, 2014, August 21, 2014, June 24, 2015, and January 5, 2016, Rodriguez-Barrios, using an alias name, used a social security card bearing someone else’s name and social security number on employment and tax documents when applying for work at various businesses in Clarion and Forest City, Iowa.  Rodriguez-Barrios also used a fraudulent Missouri State ID card to prove his stolen identity and falsely claimed to be a United States citizen when applying for work. 

Rodriguez-Barrios had been a fugitive from Immigration and Customs Enforcement (ICE) since he was ordered deported from the United States in August 2011.  Rodriguez-Barrios first used the alias name and false identification documents when applying for work in Clarion in March 2012.  Rodriguez-Barrios came to the attention of immigration officials during the course of an employment documents audit at a business in Clarion in November 2017.  Information obtained during the audit showed Rodriguez-Barrios, an illegal alien, was working under an alias and used someone else’s social security number to obtain work. 

Further investigation revealed that Rodriguez-Barrios’ wife, Cleotilde Puac-Gomez, also an illegal alien, was collecting food stamps and other state welfare benefits by not disclosing Rodriguez-Barrios’ income earned under the stolen identity.  The failure to report Rodriguez-Barrios’ income resulted in Puac-Gomez receiving over $19,900 in over-payments in Supplemental Nutrition Assistance Program (SNAP) funds and Medicaid benefits between June 2012 and November 30, 2017.  Puac-Gomez, age 46, has pled guilty to theft of government funds and is awaiting sentencing.

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

Rodriguez-Barrios 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 the Department of Homeland Security, Homeland Security Investigations, the United States Department of Agriculture, Office of Inspector General, and the Iowa Department of Inspections and Appeals Investigation Division - Economic Fraud Control Bureau. 

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

The case file number is 18-CR-3045.

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

Julian Pol-Xan, age 42, a citizen of Guatemala illegally present in the United States and residing in Marshalltown, Iowa, received the prison term after a January 16, 2019, guilty plea to one count of illegal reentry into the United States.

At the guilty plea, Pol-Xan admitted he had previously been deported from the United States in August 2003 and illegally reentered the United States in 2005 without the permission of the United States government.  Pol-Xan was deported after he was found to be working at a meat packing plant in Dakota City, Nebraska, under a fake name and using fraudulent identification documents.

In November 2018, Pol-Xan was found by immigration agents after he was detained by the Meskwaki Nation Police Department in Tama, Iowa, after Pol-Xan attempted to enter the Meskwaki Casino using a fraudulent identification card. 

Pol-Xan was sentenced in Cedar Rapids by United States District Court Judge C. J. Williams.  Pol-Xan was sentenced to 127 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.

Pol-Xan 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 18-CR-0115. 

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A Cedar Rapids man with an extensive criminal history, who was released from federal prison in October 2018 after having served nearly 18 years, was sentenced March 19, 2019, to serve an additional two years in prison.

Andre Tyrone Griffith, age 44, from Cedar Rapids, Iowa, received the prison term after the court found he violated several conditions of his supervised release.

In December 2018, while on supervised release, Griffith was found to have illegally used marijuana and was ordered to serve two weekends in jail.  At a hearing held in federal court on March 19, 2019, Griffith admitted he again violated the conditions of his supervised release by: interacting with a person engaged in criminal activity; failing to participate in drug abuse testing as ordered by the court; failing to follow his probation officer’s instructions; failing to report as directed by his probation officer; and by again unlawfully using marijuana.  In addition, the court found Griffith had possessed a dangerous weapon and committed new violations of law by assaulting his girlfriend and preventing her from leaving her apartment or calling for help in the course of the assault.

Evidence presented at the hearing showed that on February 12, 2019, Griffith entered the residence of his girlfriend and became upset when she expressed displeasure with Griffith’s recent behavior.  Griffith then began to choke his girlfriend, pulled her hair, hit her in the chest, and knocked her across the room onto a couch where he then sat on top of her.  When the girlfriend attempted to use her cell phone to call for help, Griffith took the phone from her and covered her mouth to prevent her from screaming for help.  At a later point during the encounter, Griffith held a butcher knife to his own throat, causing the girlfriend to fear that Griffith may turn the knife on her.  After about two and a half hours, Griffith agreed to call a felon friend of his to take his girlfriend to the hospital.  However, before allowing the girlfriend to be taken to the hospital, Griffith demanded she write him a check or give him something valuable to be held as insurance that the woman would not report his conduct to his probation officer. 

On February 19, 2019, Griffith was charged in Iowa District Court in and for Linn County with one count of assault causing bodily injury (domestic abuse) (strangulation) and one count of obstruction of emergency communications.  A no contact order was filed on February 23, 2019.  The state charges remain pending.

Griffith was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Griffith was sentenced to serve two years imprisonment, the maximum sentence the court could impose.  The court also ordered that the sentence should be served consecutive to any sentence imposed in Iowa District Court. 

In sentencing Griffith, Judge Reade noted she fully credited the victim’s account of the assault and having been prevented from leaving her apartment or seeking medical assistance for more than two and half hours.  Judge Reade found that Griffith’s conduct was “outrageous” and that no one had a right to engage in such conduct.  Judge Reade noted Griffith had an extensive criminal record.  Griffith’s criminal record includes multiple burglary convictions, prior assaults, and other violent conduct, including an assault on a woman with whom he had cohabitated that included striking the woman and grabbing her by the throat, and had 22 disciplinary reports while in prison.  The court also found that Griffith violated the terms of his supervision by associating with at least five convicted felons without permission, and that the sentence imposed was justified by all of Griffith’s violations of supervision, not just the assault of his girlfriend.  

Griffith 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 Richard L. Murphy. 

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

The case file number is CR 01-04.

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A man who conspired to distribute methamphetamine while possessing firearms pled guilty March 21, 2019, in federal court in Sioux City.

Brandon Lee Boone, 46, from Des Moines, Iowa, was convicted of conspiracy to distribute methamphetamine, possession of a firearm in furtherance of a drug trafficking crime and possession of a stolen firearm.  Boone was previously convicted of manufacture/deliver/possession with intent to deliver methamphetamine in 2004 and possession of methamphetamine with intent to deliver in 2008, both in the Iowa District Court.  Boone was also previously convicted of possession of a firearm and ammunition by a felon in the United States District Court in 2009 and felony drug trafficking of methamphetamine in Minnesota in 2018.

At the plea hearing, Boone admitted his involvement in a conspiracy that distributed at least 15 kilograms of mixed methamphetamine from January 2018 through February 2018.  During a traffic stop, in Fort Dodge, Iowa, of a vehicle Boone was a passenger in on February 6, 2018, law enforcement seized over 800 grams of actual (pure) methamphetamine and three firearms, including a stolen AR-15 rifle with an extra capacity magazine.  Boone admitted he and another possessed the methamphetamine with intent to distribute it and aided and abetted another’s possession of firearms during the time and in furtherance of the conspiracy to distribute methamphetamine.    

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Boone remains in U.S. Marshals custody pending sentencing.  Boone faces a mandatory minimum sentence of 30 years’ imprisonment and a possible maximum sentence of life imprisonment, a $20,000,000 fine, and ten years up to life of supervised release following any imprisonment.

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

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

The case file number is 18-3004.  Follow us on Twitter @USAO_NDIA.

A woman who lied to a federal grand jury about a shooting in Waterloo was sentenced today to two years in federal prison.

Karla Myles, age 51, from Waterloo, Iowa, received the prison term after an August 8, 2018, guilty plea to false declarations before the grand jury.

Evidence during the case established that Myles was present at a residence in Waterloo when Eric Sallis shot a juvenile.  Myles was subpoenaed to appear before a federal grand jury to testify about the shooting.  Sallis, a felon, was under investigation for illegally possessing the firearm used in the shooting.  During grand jury, Myles lied and claimed to have no knowledge about the shooting. 

Myles was sentenced in Cedar Rapids by United States District Court Judge John A. Jarvey.  Myles was sentenced to 24 months’ imprisonment.  She must also serve a two-year term of supervised release after the prison term.  There is no parole in the federal system.

At the sentencing Judge Jarvey noted that Myles told “blatant lies under oath” and that such conduct “strikes at the integrity of the grand jury to investigate and ferret out crime.” 

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

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

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

The case file number is 18-CR-2020.

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A man who illegally possessed firearms and ammunition was sentenced today to four years in federal prison.

Damon Montano, age 39, from Louisiana, Missouri, received the prison term after a December 3, 2018, guilty plea to possession of firearms by a person convicted of domestic violence. 

Evidence during the case established that Montano was convicted of domestic violence assault in 2007.  After that conviction he continued to possess three different firearms and over 1,000 rounds of ammunition.  At sentencing, Montano stated that he was “terrified [he] would get eaten alive by bears” and possessed the firearms for protection. 

Montano was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Montano was sentenced to 48 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.

In imposing the sentence, Judge Williams relied on testimony at the sentencing hearing which established that, in addition to Montano’s 2007 domestic assault conviction, Montano had committed multiple other assaults, causing serious injuries, including as recently as August 2018 while he was incarcerated in the Tama County Jail and assaulted another inmate.  

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

The case was prosecuted by Assistant United States Attorney Lisa C. Williams and investigated by the Federal Bureau of Investigation and the Meskwaki Nation Police Department. 

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

The case file number is 18-CR-0092.

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Two men who conspired to distribute meth were sentenced to federal prison.  Erick Corona Cardenas, 30, Denison, Iowa, but illegally in the United States, and Daniel Limon Bastidas, 23, from Denison, Iowa, received the prison terms after pleading guilty to conspiracy to distribute methamphetamine within a protected location. 

Evidence showed that Corona Cardenas and Limon Bastidas were involved in a conspiracy from January 2017 through February 2018 that distributed more than 2 kilograms of methamphetamine in the Denison, Iowa area.  On two separate occasions, law enforcement executed search warrants at the men’s residences where approximately 1 pound and ½ pound quantities of methamphetamine were seized that the men intended to distribute to others.  During two controlled drug transactions in the Hy-Vee parking lot in Denison, Corona Cardenas and Limon Bastidas first distributed ½ pound and later were in possession of one pound of methamphetamine.  The parking lot for Hy-Vee is within the protected location of Washington Park, a public playground.

Both men were sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Corona Cardenas was sentenced to 120 months’ imprisonment and Limon Bastidas was sentenced to 90 months’ imprisonment.  Each must also serve a 10-year term of supervised release after the prison term.  There is no parole in the federal system.

The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Iowa Division of Narcotics Enforcement, Iowa DCI Laboratory, Denison Police Department, and the Crawford County Sheriff’s Office. 

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

The case file number is 18-4016. Follow us on Twitter @USAO_NDIA.

A man who conspired to distribute methamphetamine pled guilty March 18, 2019, in federal court in Sioux City.

Jeremy Alan Frye, 35, from Webster City, Iowa, was convicted of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine.

At the plea hearing, Frye admitted his involvement in a conspiracy that distributed methamphetamine from July 2017 through August 2018 in Webster City, Iowa.  Frye also admitted that on four occasions in 2018 he distributed more than 53 grams of pure meth to law enforcement within a public park zone in undercover drug operations.  During a search warrant at Frye’s residence (located within 1000 feet of a protected location, namely Nokomis Park and East Twin Park), law enforcement seized over 37 grams of pure meth.  Frye further admitted that he intended to distribute this methamphetamine.  

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

The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Department of Narcotics Enforcement, Webster City Police Department, and the Iowa Division of Criminalistics Investigation. 

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

The case file number is 18-3035.

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William Rolen, age 56, of New Hampton, Iowa, has been charged with attempted enticement of a minor and distribution, receipt, possession, and accessing child pornography.  The charges are contained in an Indictment unsealed on March 12, 2019, in United States District Court in Cedar Rapids. 

The Indictment alleges that, between February 2018 and March 2018, Rolen attempted to entice a person who he believed to be under 18 to engage in criminal sexual activity.  The Indictment also alleges that, between 2015 and 2018, Rolen distributed, received, possessed, and accessed child pornography.

If convicted, Rolen faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $1,250,000 fine, and at least five years and up to life on supervised release following any imprisonment. 

Rolen appeared today in federal court in Cedar Rapids for a detention hearing and was held without bond.  Rolen’s next appearance for trial is set for May 13, 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, Homeland Security Investigations, the Eau Claire, Wisconsin, Police Department, the New Hampton Police Department, and the Chickasaw County Sheriff’s Office.

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 19-2014. 

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SIOUX CITY, IA –United States Attorney Peter E. Deegan, Jr. and the Sioux City Human Rights Commission will host a community forum focused on protecting places of worship.  Leaders of the interfaith community, representatives of houses of worship, and other community stakeholders and members are encouraged to attend to discuss hate crime laws, identifying and reporting hate crimes, and best practices for creating safe and secure houses of worship.  The event will conclude with a panel discussion featuring officials from the FBI, DoJ, the United States Attorney’s Office, and the Sioux City Police Department.

Event Details

When:       5:30PM-8:30PM, Thursday, April 25, 2019

Where:     Sioux City Public Museum, 607 4th Street, Sioux City, IA

This event is open press.  Photography permitted.  A press release will be provided and interview opportunities will be available. 

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A man who conspired to distribute methamphetamine and illegally possessed guns pled guilty March 12, 2019, in federal court in Sioux City.

Wayne Allen Quillen, Jr. 49, from Fort Dodge, Iowa, was convicted of conspiracy to distribute methamphetamine; possession with intent to distribute methamphetamine; possession of a firearm in furtherance of a drug trafficking crime; and possession of a firearm by a felon.  Quillen was convicted of possession of methamphetamine and/or amphetamine with intent to distribute in Webster County, Iowa in March 2001.  

At the plea hearing, Quillen admitted that from about 2017 through July 2018, he and others conspired to distribute more than three pounds of methamphetamine in the Fort Dodge area.  On December 27, 2017, law enforcement executed a search warrant at the residence Quillen and co-defendant Cody Groat resided at.  At that time officers seized over ½ pound of methamphetamine, three handguns, a modified shotgun with no serial number, and assorted 9mm ammunition.  It was later determined that two of the 9mm handguns had been stolen from a large scale firearm burglary/arson case in Calhoun County, Iowa.  

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.  

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Quillen remains in custody of the United States Marshal pending sentencing.  On the drug convictions, Quillen faces a mandatory minimum sentence of 15 years’ imprisonment, with a consecutive mandatory minimum 5 years’ imprisonment on one gun conviction, and a possible maximum sentence of life imprisonment, up to a $24,500,000 in fines, 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 Fort Dodge Police Department, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Webster County, Iowa Sheriff’s Office, and Iowa Division of Criminal Investigations.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 18-3023.  Follow us on Twitter @USAO_NDIA.

A man who was responsible for distributing pounds of ice methamphetamine was sentenced today to more than ten years in federal prison.

Duane Baker, age 28, from New Hartford, Iowa received the prison term after an October 29, 2018 guilty plea to conspiracy to distribute methamphetamine by a convicted drug felon.

Evidence during the case established that while incarcerated in state prison for state felony drug charges, Baker became involved in a conspiracy to distribute ice methamphetamine.  From prison, he recruited the mother of his child to distribute methamphetamine on his behalf.  Once released from state prison, he continued his involvement in the conspiracy, ultimately distributing more than five founds of ice methamphetamine. 

Baker was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand.  Baker was sentenced to 131 months’ imprisonment.  He must also serve an eight-year term of supervised release after the prison term.  There is no parole in the federal system.

Baker 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, 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), Mid Iowa Drug Task Force (Marshalltown Police Department; Marshall County Sheriff’s Office; Tama County), and Dubuque Drug Task Force (Dubuque Police Department; Dubuque County Sheriff’s Office). 

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

The case file number is 18-CR-2024.

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A man who has a history of illegally possessing guns was sentenced today to more than a year in federal prison.

Duane Richard Fisher, age 48, from Rockford, Iowa, received the prison term after an October 9, 2018, guilty plea to possession of a firearm by a felon.

In March 2018, law enforcement found a vehicle registered to Fisher’s girlfriend with a loaded rifle inside, but no occupants, in rural Rockford.  Fisher was found hiding in the woods in the area and claimed to be looking for deer antlers.  At the guilty plea, Fisher admitted possessing the rifle.

Fisher was previously convicted of possession of a firearm while being an unlawful user of methamphetamine in federal court in 2001 and possession of a firearm by a felon in state court in 2015.  He was also convicted of harassment and assault causing bodily injury in 2018.

Fisher was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams.  Fisher was sentenced to 15 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.

Fisher 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 Floyd County Sheriff’s Office with assistance from 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-02053.

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