Northern District of Iowa

A convicted felon who threw a loaded gun out a car window during a traffic stop in Cedar Rapids was sentenced today to more than five years in federal prison.

Iviontae Jackson, age 24, from Cedar Rapids, Iowa, received the prison term after a January 4, 2018 guilty plea to one count of being a felon in possession of a firearm.

Information at sentencing showed that Jackson was riding in a car on October 22, 2017, when the Cedar Rapids police initiated a traffic stop of the car.  Jackson threw a loaded gun out the window, but officers were able to find it.  Jackson had previously been convicted of assault with a dangerous weapon in 2011.  In that case, Jackson had stolen $8,000 in jewelry from a jewelry store in the Coral Ridge mall in Coralville, Iowa.  An employee of the store tried to chase him, but Jackson swung a knife at and threatened to cut the employee.  Jackson was also convicted of conspiracy in 2015, which resulted in a victim being struck with a gun.  Jackson was discharged from probation on the 2015 conviction on October 8, 2017, only two weeks before being caught with the loaded gun he threw out the window.  In sentencing Jackson, the court noted he had been treated leniently in past criminal convictions, his history of violence starting at age 11, and that he was at a high risk to recidivate.

Jackson was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Clark was sentenced to 64 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.

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

This case was brought as part of Project Safe Neighborhoods (PSN), 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.   Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.   In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Cedar Rapids Safe Streets Task Force.  The task force is composed of representatives from the Federal Bureau of Investigation, United States Marshal 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 17-cr-91.

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A man who received child pornography pled guilty on June 26, 2018, in federal court in Sioux City.

Joe Elliott Sinnott, 27, from Milford, Iowa, was convicted of one count of receiving child pornography.

In a plea agreement, Sinnott admitted that from January 2018 until April 27, 2018, he knowingly used KiK messenger to receive child pornography.  Sinnott also admitted to receiving fully nude photographs of a 15-year-old female that he had met in person in Minnesota last year.  

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Sinnott remains in custody of the United States Marshal pending sentencing.  Sinnott faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, a $100 special assessment, and 5 years to life of supervised release following any imprisonment.

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

The case is being prosecuted by Assistant United States Attorney Ajay J. Alexander and was investigated by the Iowa Division of Criminal Investigations and Spirit Lake Police Department. 

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

The case file number is 18-CR-4033.

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Joseph Jay Kripner, age 46, from Monticello, Iowa, has been charged with one count of bank robbery.­  The charges are contained in a complaint unsealed Wednesday in United States District Court in Cedar Rapids, Iowa. 

The complaint alleges that that, in early June 2018, Kripner robbed the Security State Bank in Springville, Iowa.  Kripner displayed what appeared to be a gun at a teller.  The teller provided Kripner with cash in a plastic shopping bag.  Kripner then left the bank quickly.  With the help of the “Crimestoppers” tip line, law enforcement officers later compared photographs of Kripner with surveillance camera footage from the bank heist. 

Kripner appeared on June 19, 2018, in federal court in Colorado, and was held without bond.  Kripner will appear in federal court in Cedar Rapids once the United States Marshal’s Service transports him to Iowa.  If convicted, Kripner faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, and three years of supervised release following any imprisonment.­

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

The case is being prosecuted by Assistant United States Attorney Tim Vavricek and was investigated by the Linn County Sheriff’s Office, the Federal Bureau of Investigation, and the Rocky Mountain National Park Rangers.  Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 

The case file number is 18-MJ-204 (N.D. Iowa) and 18-MJ-1111 (D. Colo.).  Follow us on Twitter @USAO_NDIA.

In an opinion issued today, the Eighth Circuit Court of Appeals affirmed the conviction and sentence of a man who actively participated in the Rwandan genocide and then committed naturalization fraud. 

Ken Ngombwa, 57, from Cedar Rapids, Iowa, was convicted by a federal jury in January 2016 of one count of naturalization fraud; one count of conspiracy to unlawfully procure citizenship; and one count of making a materially false statement to agents of the Department of Homeland Security. 

On March 2, 2017, United States District Court Judge Linda R. Reade sentenced Ngombwa to serve 15 years’ imprisonment.  Judge Reade also revoked Ngombwa’s citizenship.

On appeal, Ngombwa challenged the denial of his motion for new trial claiming his trial counsel provided constitutionally ineffective assistance at trial.  Ngombwa also claimed the district court erred at sentencing by relying upon statements of genocide victims given to United States investigators in Rwanda; his two prior convictions for genocide in the local Gacaca (“grass courts”) of Rwanda; and the testimony of an expert on the Rwandan genocide who testified via video link at the sentencing. 

The Court of Appeals rejected each of Ngombwa’s challenges.  The Court noted Ngombwa “told a number of lies” in the course of gaining entry into the United States and eventual citizenship.  Most prominent of these lies was Ngombwa’s claim that he was the brother of Faustin Twagiramungu, a moderate Hutu and former Prime Minister of Rwanda.  Ngombwa also lied about certain other family relationships and about having previously been beaten in the Rwandan capital.  The Court found trial counsel made strategic decisions as to how to limit the impact of adverse evidence concerning the Ngombwa’s false claims regarding his family relationships.

The Court of Appeals also found the district court properly applied the sentencing guidelines and did not error in considering evidence concerning Ngombwa’s participation in the Rwandan genocide.  At the sentencing hearing, the government presented testimony about the 1994 Rwandan genocide, in which hundreds of thousands of people from the Tutsi ethnic group were killed.  The evidence showed that Ngombwa was charged and convicted in two Gacaca courts in that country for his involvement in the Rwandan genocide.  He was also named in an Indictment brought in 2010 against Jean Uwinkindi by the United Nations Joint Criminal Tribunal for Rwanda, as a co-participant in a “joint criminal enterprise whose common purpose was the commission of genocide against the Tutsi racial or ethnic group and persons identified as Tutsi or presumed to support the Tutsi[.]”  Uwinkindi was convicted of the charge in the Indictment and sentenced to life imprisonment in December 2015. 

Further, the evidence presented at sentencing showed that Ngombwa is currently under Indictment in the Republic of Rwanda.  That Indictment was brought by the country’s Prosecutor General in 2014.  An international arrest warrant remains outstanding on that Indictment.  The Rwandan Indictment charges Ngombwa in Count 1 with “Genocide” and alleges, in part, that Ngombwa “is individually liable for having, between 7th April 1994 and July 1994 ordered and committed crimes perpetrated with the intent to destroy in whole the Tutsi ethnic group.”  The Indictment alleges Ngombwa drove members of the Interahamwe to the Catholic church “in order to attack and kill Tutsi who had sought refuge there.”  Further, it alleges that Ngombwa transported members of the Interahamwe to the Kanzene communal office to kill Tutsi seeking refuge there.  It also alleged Ngombwa and the Interahamwe militia, armed with guns and traditional weapons, “such as machetes, spears clubs and other traditional tools, attacked the Tutsi who had sought refuge in the premises of priests” at the Catholic Church, and attacked and killed them.  There are additional allegations in Count 1.  Moreover, Count 2 charges Ngombwa with “extermination as a crime against humanity.”  Count 3 charges Ngombwa with “murder as a crime against humanity.” 

Department of Homeland Security agents testified at sentencing that as part of their investigation, they personally interviewed multiple witnesses in Rwanda who saw Ngombwa commit acts of violence during the Rwandan genocide.  For instance, many witnesses stated that Ngombwa drove members of the Interahamwe (a youth militia group) and the military – killers – to locations where they conducted mass killings of Tutsi.  According to the witnesses, Ngombwa made derogatory statements concerning the Tutsi; he encouraged others to kill Tutsi; and he personally participated in the killings.  According to the witnesses, Ngombwa also participated in the theft or looting of property belonging to Tutsi.

In addition, evidence was presented at sentencing about Ngombwa setting fire to his Habitat for Humanity home in Cedar Rapids in 2013.

“Today’s decision marks the successful conclusion of a remarkable case; one that helped bring a measure of justice to a criminal participant in a horrible chapter in modern human history,” said United States Attorney Deegan.  “This case also is an important example of why our nation’s immigration laws must be respected and why those who violate them must be held accountable.”

The case was originally referred to the Department of Homeland Security in 2011 by the Prosecutor General of Rwanda.  The case was prosecuted by Assistant United States Attorneys Richard L. Murphy and Ravi T. Narayan, and was investigated by Homeland Security Investigations.

The opinion and order of the Eighth Circuit Court of Appeals is available at http://media.ca8.uscourts.gov/opndir/18/06/171688P.pdf.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-00123.

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A man who engaged in illicit sexual conduct with a minor and distributed child pornography was sentenced yesterday to 20 years in federal prison.

Juan Rangel, age 36, from Waterloo, Iowa, received the sentence after a December 27, 2017 guilty plea to one count of engaging in illicit sexual conduct in a foreign place and one count of distribution of child pornography.  At the plea hearing, Rangel admitted that, between 2014 and 2016, he traveled from the United States to Mexico and engaged in sex acts with a minor.  He also admitted that he distributed visual depictions of child pornography using the Internet.

Rangel was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand.  Rangel was sentenced to 240 months’ imprisonment.  A special assessment of $10,200 was imposed, and Rangel must also serve a 7-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, the Waterloo Police Department, and the Iowa Division of Criminal Investigation.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 17-2085. 

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Healogics, Inc., a Florida-based provider of wound care services with clinics across the country, agreed to pay $398,162.69 to resolve False Claims Act allegations pertaining to improper coding.  Specifically, the United States alleged that, from January 1, 2012, through June 30, 2017, Healogics submitted claims to Medicare, Medicaid, and Tricare using Modifier 25 to signify that a separate evaluation and management service was performed on the same date as another procedure when no such separate service was performed.

Because a private citizen filed a qui tam, or whistleblower, lawsuit raising the civil allegations, Healogics agreed to pay the citizen’s law firm an additional $48,694.37 in fees.  That private citizen is also entitled to receive $91,577.42 of the recovery pursuant to the qui tam provisions of the False Claims Act.  Those provisions permit private individuals with knowledge of wrongdoing to bring suit on behalf of the government for false claims and share in any recovery.   

“This is yet another example of our office’s commitment to ensuring taxpayer money is well spent and health care providers play on a level playing field,” said United States Attorney Peter E. Deegan, Jr.  “We encourage citizens with knowledge of wrongdoing by health care providers to bring those matters to our office’s attention.”

The case was investigated by the Department of Health and Human Services Office of Inspector General.  The case file number is 16-cv-3016-MWB.

The claims settled by this agreement are allegations only, and there has been no determination of liability. 

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A Dubuque area man who participated in a fraud that victimized more than 250 elderly victims across the United States was sentenced today to nearly five years in prison.

Evidence at the sentencing hearing and prior court hearings in related cases showed that Cody Richey, age 27, from Zwingle, Iowa, was involved in a scheme to defraud victims, who were generally elderly, around the country.  In a plea agreement, Richey admitted that while he never made calls to victims, other individuals involved in the scheme called victims on the phone and told these victims that a relative was in jail.  The caller would then ask the victims to wire money via Western Union or Money Gram to get the relative released.  Richey further admitted that the money was being wired to various participants in the fraud who would pick up the wire transfers.  He admitted that he received wire transfers from the victims and sent money received from victims overseas.  The scheme victimized more than 250 victims across the country.  These victims lost more than $750,000 as a result of the fraud.  Ten other people have been sentenced in federal court for their roles in the fraud.

Richey was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Richey was sentenced to 57 months’ imprisonment.  He was ordered to pay more than $26,000 in restitution.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

The prosecution is part of the Elder Justice Initiative of the Department of Justice. In June 2016, the United States Attorney’s Office for the Northern District of Iowa was selected as one of 10 districts in the nation to form an Elder Justice Task Force (http://go.usa.gov/cSngj). The task force was assembled to foster a collaborative working relationship among all levels of government officials, advocacy groups for the elderly and the disabled, and others charged with the care and protection for these vulnerable groups. The goals include ensuring the integrity of all government expenditures by eliminating fraud, waste, and abuse in health programs, and protecting some of the state’s most vulnerable citizens from harm, whether it occurs in nursing homes or other institutions or involves financial fraud schemes. To learn more about the Department of Justice’s Elder Justice Initiative, visit: https://www.justice.gov/elderjustice/.

Richey 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 Department of Homeland Security - Investigations and the Dubuque Police Department.

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

The case file numbers are 17-CR-1004 and 17-CR-1038.

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A Mexican man who was on the run from federal court in Nebraska to avoid being sentenced for committing aggravated identity theft there was sentenced June 18, 2018, in Iowa to one year in federal prison for fraudulent using the name and Social Security number of another person.

Fernando Nevarez-Carreon, age 61, a citizen of Mexico and lawful permanent resident of the United States residing in Dyersville, Iowa, received the prison term after a November 20, 2017, guilty plea to one count of unlawful use of identification documents while on pretrial release.

At the guilty plea, Nevarez-Carreon admitted that he used a Social Security card knowing that the card was forged or unlawfully obtained.  In April 2015, Nevarez-Carreon pled guilty in the United States District Court for the District of Nebraska to conspiracy to distribute counterfeit documents and aggravated identity theft.  In July 2015, Nevarez-Carreon failed to appear for sentencing in Nebraska and a warrant was issued for his arrest.  In July 2016, Nevarez-Carreon and his wife Rosa Nevarez-Fallad both completed employment paperwork under false names to obtain jobs in Farley, Iowa, and used identification cards bearing the names and Social Security Numbers of United States citizens.  Nevarez-Carreon avoided apprehension by law enforcement until March 2017, when he was arrested at his place of employment in Farley. 

In June 2017, Nevarez-Carreon was sentenced in the United States District Court for the District of Nebraska to more than six years in prison.  Nevarez-Carreon also has a 1999 conviction for domestic battery in Cook County, Illinois, and convictions in 2004 and 2005 for driving under the influence in Dodge County, Nebraska.  On February 14, 2018, Rosa Nevarez-Fallad was sentenced in the United States District Court for the Northern District of Iowa to three months’ imprisonment following a guilty plea to one count of unlawful use of an identification document.

Nevarez-Carreon was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Nevarez-Carreon was sentenced to twelve months’ imprisonment to be served consecutively to the Nebraska sentence.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Nevarez-Carreon 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 Social Security Administration, Office of Inspector General, and the Department of Homeland Security, Immigration and Customs Enforcement, Homeland Security Investigations. 

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

The case file number is 17-CR-1025-LRR.

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A Guatemalan man who unlawfully used fraudulent identification documents was sentenced June 18, 2018, to more than three months in federal prison.

Francisco Rivera-Cobo, age 20, a citizen of Guatemala illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after an April 25, 2018 guilty plea to one count of unlawful use of identification documents.

In a plea agreement, Rivera-Cobo, an illegal alien, admitted that on September 11, 2016, he used a fraudulent social security card and a fraudulent Green Card when completing employment forms to get a job.  The social security account number and the Green Card number belonged to other people.  Rivera-Cobo also used the same fraudulent Green Card when applying for work in Cedar Rapids in May 2016.  Rivera-Cobo was arrested on February 27, 2018, by immigration agents after they learned he had registered a car using another person’s social security number.

Rivera-Cobo was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Rivera-Cobo was sentenced to 98 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.  Rivera-Cobo 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 the 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-12-LRR.  Follow us on Twitter @USAO_NDIA.

A man who sold “ice” methamphetamine, PCP, and synthetic drugs was sentenced on June 12, 2018, to ten years in federal prison.

Jeffrey Simmermaker, age 46, from Iowa City, Iowa, received the prison term after a December 20, 2017 guilty plea to conspiracy to distribute methamphetamine.  Evidence at the sentencing hearing established that Simmermaker was selling methamphetamine, PCP, and synthetic drugs in Tipton, Iowa.  Simmermaker was previously convicted of conspiracy to distribute methamphetamine in federal court on October 12, 2004.

Simmermaker was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Simmermaker was sentenced to 120 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.  Simmermaker 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 Matthew J. Cole and Special Assistant United States Attorney Drew O. Inman and investigated by the Tipton Police Department, the Cedar County Sheriff’s Office, the Iowa State Patrol, the Iowa Division of Narcotics Enforcement, and the Muscatine County Drug Task Force. 

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

The case file number is 17-CR-88-LRR.

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A Cedar Rapids man who sold methamphetamine from his home near Wilson Middle School was sentenced on June 12, 2018, to more than 17 years in federal prison.

Daniel Wayne Melsha, age 26, from Cedar Rapids, Iowa, received the prison term after a February 22, 2018 guilty plea to possession with intent to distribute methamphetamine within 1,000 of a school and possession of firearms in furtherance of a drug trafficking crime.

Evidence at the sentencing hearing showed that Melsha lived in a residence in Cedar Rapids, which was within 1,000 feet of Wilson Middle School.  On September 28 and October 4, 2017, Melsha sold another person a half an ounce of methamphetamine at Melsha’s home.  On October 5, 2017, police investigators executed a search warrant at Melsha’s residence, where they found over 70 grams of “ice” methamphetamine and 41 guns, including revolvers, semi-automatic handguns, rifles, and shotguns.  Police arrested Melsha the same day.

On October 10, 2017, Melsha was released pending trial and ordered to wear a GPS-monitoring bracelet on his ankle to monitor his location.  Melsha cut off the GPS monitoring bracelet in November and failed to appear for a hearing on his case.  On January 16, 2018, the United States Marshals Service found Melsha hiding out in a camper, parked within a barn in Fairfax, Iowa.

Melsha was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Melsha was sentenced to 211 months’ imprisonment and must also serve an eight-year term of supervised release after the prison term.  There is no parole in the federal system.

Melsha 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 Ravi T. Narayan and Special Assistant United States Attorney Drew O. Inman and investigated by the Iowa Division of Narcotics Enforcement, Cedar Rapids Police Department, Muscatine County Drug Task Force, Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Marshals Service.

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

The case file number is 17-CR-86-LRR.

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A man who ordered drugs from the dark web and had them shipped to a friend in Dubuque, who died after using the drugs, pled guilty on June 14, 2018, in federal court in Cedar Rapids.

Jay Rickert, age 28, from Grand Rapids, Michigan, was convicted of willfully causing the distribution of a controlled substance.

At the plea hearing, Rickert admitted that in February 2015, he caused a controlled substance to be shipped from a supplier in Canada to a woman in Dubuque, Iowa.  According to information disclosed at the plea hearing, Rickert intended to order DMT, a Schedule I hallucinogenic drug, from the dark web and have it shipped to his friend in Dubuque.  The supplier in Canada instead shipped the woman fentanyl, a different controlled substance.  A criminal complaint previously filed against Rickert indicated that fentanyl and DMT are both white powdery substances that look virtually identical.  According to the criminal complaint, the woman, believing that the substance Rickert ordered for her was DMT, used the fentanyl and died.  An autopsy concluded that the cause of death was a fentanyl overdose.   

Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared.  Rickert was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing.  Rickert faces a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, and at least 3 years and up to a lifetime term of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Justin Lightfoot and was investigated by the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; and the Iowa Division of Narcotics Enforcement, and the Dubuque Drug Task Force, consisting of the Dubuque Police Department and the Dubuque County Sheriff’s Office. 

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

The case file numbers are 18-MJ-56 and 18-CR-1008.

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WASHINGTON –Assistant United States Attorney Jacob Schunk, Civil Chief of the U.S. Attorney’s Office in the Northern District of Iowa, was one of 162 members of the Department of Justice recognized by Deputy Attorney General Rod Rosenstein, and Executive Office for U.S. Attorneys (EOUSA) Director James Crowell, IV at the 34th Director’s Awards Ceremony today in Washington D.C.

The Northern District of Iowa was one of 35 districts represented at the ceremony which was held in the Great Hall at the Robert F. Kennedy Department of Justice Building.

In addressing the award recipients and guests, Deputy Attorney General Rod Rosenstein said, “Today’s honorees earned the esteem of their colleagues.  But most importantly, they earned the gratitude of our fellow citizens — the people whose communities you made safer, whose lives you improved, and whose trust you rewarded.  Today, we pause to honor and recognize a small portion of your work.”

AUSA Schunk was recognized for his superior performance as a Civil AUSA.  Over the past several years, Schunk has had tremendous success in building the district‘s Affirmative Civil Enforcement practice.  The district now routinely resolves several False Claims Act matters and recovers millions of dollars each year for the federal treasury. Included among the matters he successfully resolved was a $5.6 million settlement with one of the nation‘s largest home health providers and a failure of care settlement with the owners and managers at an Iowa nursing facility.

“Through his outstanding work, Assistant United States Attorney Schunk has returned millions of dollars to the American taxpayer while ensuring those who make false claims are not unjustly enriched,” said United States Attorney Peter E. Deegan, Jr.  “We take seriously our duty to collect money owed to taxpayers and I am happy that AUSA Schunk’s excellent work has been recognized through this incredibly well-deserved and prestigious award.”

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

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The United States Court of Appeals for the Eighth Circuit this week affirmed the sentences of Ali Afif Al Herz, Bassem Afif Herz, and Sarah Majid Zeaiter.

The three defendants were sentenced in 2016 by United States District Court Judge Linda R. Reade to terms of imprisonment following their pleas of guilty to charges relating to their involvement in a scheme to unlawfully export more than 250 firearms to Lebanon between 2014 and 2015. 

Ali Afif Al Herz was sentenced to serve 342 months’ imprisonment, to be followed by a three-year term of supervised release.  He was also ordered to pay a fine of $150,000.  Bassem Afif Herz was sentenced to serve 97 months’ imprisonment, to be followed by a three-year term of supervised release.  Bassem’s wife, Sarah Majid Zeaiter was sentenced to serve 87 months’ imprisonment, to be followed by a three-year term of supervised release.

In the decision issued on June 11, 2018, the Court of Appeals affirmed the district court’s sentencing findings and determined the sentences were reasonable.  Notably, the Court of Appeals found Ali and Bassem each played a leadership role in the scheme and that, although Zeaiter played a lesser role, the district court did not err by not reducing her sentence on that ground because she “was aware of the scope and structure of the offense conduct and actively participated in the well-planned coordinated scheme.”  The Court of Appeals found Zeaiter was not a minor or minimal participant.

The Court of Appeals also agreed that Ali and Bassem were each responsible for the illegal shipment of a large number of firearms to Lebanon.  In addition, the Court of Appeals found that the district court properly ruled that Ali falsely denied some of the offense conduct and that Bassem gave false testimony under oath at their respective sentencing hearings.  The Court of Appeals found the district court properly considered these and other factors in determining the appropriate sentences for Ali and Bassem.

Two other defendants who were convicted and sentenced in connection with the scheme did not appeal their sentences.  Adam Al Herz, the son of Ali Afif Al Herz, was sentenced on October 13, 2016, to serve 240 months’ imprisonment, to be followed by a three-year term of supervised release.  Fadi Yassine, a Lebanese citizen, was sentenced in August 2017, to serve 57 months’ imprisonment, to be followed by a three-year term of supervised release.

The investigation that led to the convictions was triggered in early 2015 by a report from a firearms dealer concerning suspicious firearms transactions conducted by the group. 

The initial investigation led to the March 2015 seizure of 53 guns and thousands of rounds of ammunition concealed inside Bobcat skid loaders packed inside a shipping container at the Norfolk, Virginia seaport.  The container was destined for Lebanon.  Subsequent investigation led to the May 2015 seizure of a second shipping container in Cedar Rapids, which was also destined for Lebanon.  Ninety-nine guns and thousands more rounds of ammunition were found concealed inside Bobcat skid loaders packed inside the second container.  It was also determined that the group had previously sent two similar shipments to Lebanon in March and August 2014.  Each of the four containers had been loaded and shipped from Midamar Corporation in Cedar Rapids.

Evidence presented at the sentencing hearings showed the containers were destined for an area in southern Lebanon controlled by Hezbollah, a group designated by the United States as a terrorist organization.  Among the guns shipped were more than 30 military style assault rifles.  Other evidence presented in the case showed the guns could be sold in Hezbollah controlled southern Lebanon, where Ali Afif Al Herz maintained a residence, for as much as ten times their value in the United States.  Photos of some of the weapons and ammunition seized during the investigation are attached below.

The cases were prosecuted by Assistant United States Attorney Richard L. Murphy and were investigated by Homeland Security Investigations, Bureau of Alcohol Tobacco and Firearms, Federal Bureau of Investigations, and U.S. Customs and Border Protection, with assistance from numerous other state and local law enforcement agencies. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 15-CR-00054-LRR.

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A man who sent threatening “tweets” on the Internet to United States Senator Joni Ernst was sentenced today to six years in federal prison.  Joseph Hilton Dierks, age 34, from Waterloo, Iowa, received the prison term after a November 22, 2017, jury verdict finding him guilty of three counts of sending threatening communications.

The evidence at trial showed that in August 2017, Dierks began sending Senator Ernst threatening tweets from his Twitter account to her Twitter accounts.  The United States Capitol Police in Washington, D.C. then contacted the Waterloo Police Department, which sent a law enforcement officer to Dierks’ home.  Dierks promised the officer he would “tone it down” but, within 24 hours, Dierks began sending threatening tweets to the Senator again.  The Senator was in Iowa at the time of Dierks’ threats, which resulted in additional security precautions.

Dierks was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Dierks was sentenced to 72 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 sentencing Dierks, Judge Reade emphasized Dierks’ escalating criminal history, which included a prior conviction for harassing a Waterloo police officer and carrying weapons.  Dierks also filmed himself tracing a knife on the outline of an unwitting neighbor across the street and offered to cut him up.  Dierks also stated in a recorded jailhouse telephone call with his mother that he had no intention of following the Court’s orders when released from prison, hated the United States of America, blamed others for his predicament, and stated life meant very little to him.  Judge Reade found Dierks posed an “extreme risk” to recidivate.

“The safety of elected officials is something that cannot be taken lightly,” said United States Attorney Peter E. Deegan, Jr.  “This sentencing sends the message that those who attempt to intimidate or threaten to harm elected officials will be held accountable for their actions.”

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

The case was prosecuted by Assistant United States Attorneys Timothy L. Vavricek and Richard L. Murphy and investigated by the Federal Bureau of Investigation, with the assistance of the United States Capitol Police and the Waterloo Police Department. 

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

The case file number is 17-CR-2065-LRR.

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Three men who trafficked methamphetamine were sentenced June 12, 2018, each to more than twenty years in federal prison.

Juan Carlos Martinez, age 28, Manuel Fujarte, age 34, and John Minteer, age 45, all from Marshalltown, Iowa, received the prison terms after pleading guilty to conspiracy to distribute at least 500 grams of methamphetamine.

At their guilty pleas, Martinez, Fujarte, and Minteer admitted to conspiring to distribute ice methamphetamine, a highly pure, crystalized form of methamphetamine, throughout Northern Iowa.  The conspiracy lasted between the fall of 2014 and the fall of 2016.  Martinez, Fujarte, and Minteer were all responsible for distributing multiple ounces of ice methamphetamine to a network of drug customers.

Prior to his arrest and while on probation in Marshall County, Martinez obtained a stolen gun and went to a daycare in Pleasant Hill, Iowa, in an attempt to contact his ex-wife and child in violation of a no contact order.  Police officers responded to the daycare.  Martinez then brandished the gun and refused to drop it.  An officer used a Taser on Martinez and he was taken into custody.  Martinez was later convicted of assault while displaying a dangerous weapon and possession of a firearm as a felon in Polk County District Court.

Martinez, Fujarte, and Minteer were sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Martinez was sentenced to 252 months’ imprisonment, Fujarte was sentenced to 262 months’ imprisonment, and Minteer was sentenced to 234 months’ imprisonment.  All three must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.

Martinez, Fujarte, and Minteer are being held in the United States Marshal’s custody until they can be transported to a federal prison.

The case is being prosecuted by Assistant United States Attorney Lisa C. Williams as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement; the Mid-Iowa Task Force, comprised of the Marshalltown Police Department, Marshall County Sheriff’s Office, Tama County Sheriff’s Office, Grundy County Sheriff’s Office, Hardin County Sheriff’s Office, Iowa Falls Police Department, Eldora Police Department and the Dysart Police Department; and the Tri-County Drug Task Force, comprised of the Waterloo Police Department, Black Hawk County Sheriff’s Office, Cedar Falls Police Department, LaPorte City Police Department, Hudson Police Department, Evansdale Police Department, University of Northern Iowa Police Department, Waverly Police Department and the Bremer County Sheriff’s Office. 

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

The case file number is 17-CR-2022.

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A man who sold synthetic cannabinoids (K2) to homeless people was sentenced on June 13, 2018, to nearly 20 years in federal prison.

Benjamin Michael McCauley, age 45, from Cedar Rapids, Iowa, received the prison term after a December 5, 2017, guilty plea to possessing with intent to distribute controlled substances called XLR-11, AB‑PINACA, and AB‑CHMINACA, AB‑FUBINACA.

In a plea agreement, McCauley admitted he started selling synthetic cannabinoids in 2014.  McCauley’s brother, Matthew McCauley, was prosecuted in federal court at that time for using his Cedar Rapids business, the Fragrance Hut, as a place to sell illegal synthetic drugs.  Benjamin McCauley admitted that after his brother was arrested on the federal drug charges, Benjamin reached out to Matthew’s online suppliers to purchase synthetic cannabinoid products, but was rejected.  McCauley and an associate then used the associate’s name to order the synthetic drugs.  McCauley also admitted that he regularly supplied another individual with synthetic cannabinoids to sell to people in the free lunch line in Iowa City. 

In March 2015, officers conducted a search of McCauley’s residence and seized over 240 grams of synthetic cannabinoids in product packaging labeled “Buddah Shack,” “Joker,” and “Get Real.”  The packaging also contained disclaimers that the products were “not for human consumption.”  McCauley admitted he possessed the synthetic cannabinoids and intended to distribute some or all of them to others, whom he knew would consume the products.  McCauley also admitted that he used and distributed methamphetamine.  Court documents reflect that McCauley and his associates would also recruit homeless people to purchase boxes of pseudoephedrine so McCauley and his associates could manufacture methamphetamine.  McCauley and his associates would sometimes pay the homeless people for the pseudoephedrine with synthetic cannabinoids.

McCauley was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  At the sentencing hearing, Judge Reade noted that McCauley had 68 prior criminal convictions, including several for violent offenses.  Court records reflect that McCauley’s criminal history included a conviction for domestic abuse assault causing bodily injury in which he assaulted a woman by “grabbing her and hitting her on the back of her head several times” and “[w]hen she turned and looked up at the defendant and pleaded for him to stop, he struck her between the eyes, knocking her unconscious.”

McCauley was sentenced to 235 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.

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

The case investigated by the High Risk Unit of the Sixth Judicial District Department of Corrections and was prosecuted by Assistant United States Attorney Dan Chatham. 

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

The case file number is 17-CR-74-LRR.

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A federal felon who entered a Cedar Rapids home armed with a stolen firearm and pistol-whipped and Tased its owner was sentenced today to twenty years in prison in federal court in Cedar Rapids.  Sherman Hopkins, Jr., age 43, from Cedar Rapids, Iowa, received the prison term after a December 2017 guilty plea to one count of interference and attempted interference with commerce by threats and violence, in violation of 18 U.S.C. § 1951.  The case is the first Hobbs Act Extortion prosecution in the district involving the attempt to steal an Internet domain name.   

At the plea hearing and in a plea agreement, Hopkins admitted that on June 21, 2017, he entered the victim’s home and assaulted the victim in an attempt to obtain the victim’s property, specifically, the Internet domain “doitforstate.com.”  Hopkins carried and brandished a Smith & Wesson 9mm pistol, which was stolen from Michigan in 2014.  Hopkins was a convicted felon as the result of a 2006 conviction for perjury in the United States District Court for the Northern District of Iowa. 

Information from the plea agreement and court hearings showed that on June 21, 2017, Hopkins entered the victim’s home in Cedar Rapids.  Hopkins was carrying a cellular telephone and the gun and 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 a piece of paper from his pocket, which contained a series of directions on how to change an Internet domain name from one GoDaddy account to another GoDaddy account.  Hopkins put the firearm against the victim’s head and ordered him to follow the directions on the piece of paper.  Hopkins also took the victim’s cell phone and threw it so that he could not call for help.

The victim asked Hopkins for a mailing address and phone number, because GoDaddy required the transferee’s mailing address and phone number to effectuate the change of ownership of the domain name.  Hopkins then pistol whipped the victim several times in the victim’s head.  Hopkins also pulled out a Taser and “Tased” the victim several times in his left arm, back, and neck. 

Hopkins became more violent, hitting the victim in the head and berated the victim.  Hopkins then cocked the gun.  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 his chest.  He then contacted law enforcement.

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

The case is being prosecuted by Assistant United States Attorneys Tim Vavricek and Dan Tvedt and was investigated by the Cedar Rapids Police Department. 

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

The case file number is 17-CR-59-LRR.

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A convicted felon who possessed a gun and fled from police officers, who eventually used a Taser on him, was sentenced today to more than 11 years in federal prison.

Ivan Clark, age 39, from Cedar Rapids, Iowa, received the prison term after a January 11, 2018, guilty plea to one count of being a felon in possession of a firearm.

Information at sentencing showed that Clark’s wife called the police on October 17, 2017.  Police responded to Clark’s home, but Clark had already left the home and was in a car.  Clark drove away from the officers, who pursued him in a marked squad car with top lights on.  Clark drove at speeds approaching 50 mph in a residential area, before driving back to his home with officers still in pursuit.  He then tried to get back into his house, but was not able to.  Clark resisted arrest and officers eventually had to use a Taser on him.  Clark’s blood alcohol level at the time was .091.

In sentencing Clark, the District Court Judge noted that this was Clark’s third conviction in federal court.  He had previously been convicted of drug trafficking crimes in Illinois and Iowa federal courts.  The judge also noted Clark’s lengthy history of ignoring the law and assaultive behavior, including domestic assault.  The judge found Clark was a danger to the community and at high-risk to commit more crimes in the future.

Clark was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Clark was sentenced to 137 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.

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

This case was brought as part of Project Safe Neighborhoods (PSN), 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.   Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.   In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Cedar Rapids Safe Streets Task Force.  The task force is composed of representatives from the Federal Bureau of Investigation, United States Marshal 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 17-cr-89.

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United States Attorney Peter E. Deegan, Jr, Waterloo Police Chief Daniel Trelka, and other community partners today announced a new initiative to enhance efforts to combat violent crime in Waterloo.  Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.  In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of Project Safe Neighborhoods (PSN) and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.  The Safer Areas For Everyone (SAFE) initiative is an effort by the Waterloo Police Department and the United States Attorney’s Office to implement lessons learned from PSN and other programs over the years and to continue to reduce violent crime in Waterloo.

Since 2009, Waterloo’s overall crime rate has declined by more than 30%.  However, certain violent crime continues to warrant special attention.  Through a comprehensive strategy building upon the successes already achieved in Waterloo with a community policing philosophy, the Waterloo Police Department and the United States Attorney for the Northern District of Iowa are expanding their collaborative efforts to achieve even greater success through the cutting edge SAFE initiative.  Waterloo was chosen to participate in this initiative due to the success already achieved in the city and the detailed data compiled by the police department.

The goal of SAFE is to reduce violent crime and make Waterloo neighborhoods safer for all to enjoy.  The initiative includes holding violent offenders accountable, but also intervening in the cycle of criminal behavior that evolves into violent conduct through discussions with the public and encouraging communities to help law enforcement in this effort.  SAFE will also seek to support locally-based prevention, rehabilitation, and re-entry efforts, to stop violence and crimes before they occur and to help those who have been punished return to society as law-abiding citizens.­

United States Attorney Peter Deegan stated, “Reducing violent crime and protecting our communities remains a top priority for my office.”  Deegan added, “We have worked closely with the Waterloo Police Department over the years and the SAFE initiative is the next step in making the streets of Waterloo safer for all members of the community.  We will continue to hold the most dangerous criminal offenders accountable, but will also ensure that those who want to be contributing members of society can do so through rehabilitation and successful re-entry.  Working with our community partners to provide services and opportunities to those looking to end the cycle of violence will make the streets of Waterloo safer.”    

Waterloo Police Chief Daniel Trelka stated, “My department works hard to keep the streets of Waterloo safe for everyone.”  Chief Trelka added, “The SAFE initiative will allow us to build upon the successes we have had in the past while looking to make our streets safer in the future.  Our partnerships with community members and law enforcement agencies in the area will only grow stronger and will provide paths for success through rehabilitation and community resources.”

Other participants in SAFE are the Bureau of Alcohol, Tobacco, and Firearms, the Federal Bureau of Investigation, the Iowa Department of Corrections, the Black Hawk County Attorney’s Office, and members of the community in Waterloo.

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A Mexican man who used a false identification document to obtain a job was convicted by a jury today after a one-day trial in federal court in Cedar Rapids.

Jose Lopez-Garcia, age 35, a citizen of Mexico illegally present in the United States and living in Cedar Rapids, Iowa, was convicted of one count of unlawful use of an identification document.  He was found not guilty of one count of misuse of a social security number.  The verdict was returned this afternoon following about two hours of jury deliberations.

The evidence at trial showed that Lopez-Garcia used a fraudulent permanent resident card, also known as a “green card,” bearing a number assigned to a female born in Cuba in 1934, when he completed an employment form on November 18, 2016, at a business in Cedar Rapids. 

Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared.  Lopez-Garcia remains in custody of the United States Marshal pending sentencing.  Lopez-Garcia faces a possible maximum sentence of 10 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 Daniel C. Tvedt and investigated by the 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-24-LRR.

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A man who conspired to distribute methamphetamine while possessing a firearm pled guilty June 6, 2018, in federal court in Sioux City.

Carl Douglas Lambert, Jr. 47, from Fort Dodge, Iowa, was convicted of one count of conspiracy to distribute methamphetamine, one count of distribution of methamphetamine and one count of possession of a firearm in furtherance of drug trafficking.

At the plea hearing, Lambert, Jr. admitted that from January 2017 through December 2017 he and others distributed over three pounds of pure methamphetamine in the Fort Dodge, Iowa area.  On November 4, 2017, Lambert, Jr. possessed a .22 caliber pistol in his waistband and over 46 grams of methamphetamine.  Lambert, Jr. admitted he intended to distribute the methamphetamine to other person(s) and that he carried the pistol for protection.  

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Lambert, Jr. remains in custody of the United States Marshal pending sentencing.  Lambert, Jr. faces a mandatory minimum sentence of 10 years’ imprisonment, in addition to a consecutive 5 years’ mandatory minimum sentence of imprisonment on the firearm conviction, and a possible maximum sentence of life imprisonment, a $15,250,000 fine, and five 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 Fort Dodge Police Department, Webster County Sheriff’s Office, Iowa Division of Narcotics Enforcement and Iowa Department of Criminalistics Laboratory.  

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

The case file number is 17-3056.  Follow us on Twitter @USAO_NDIA.

A Guatemalan man who used false identification documents to obtain a job was convicted by a jury on June 5, 2018, after a two-day trial in federal court in Cedar Rapids.

Jose Corio-Raymundo, age 40, a citizen of Guatemala illegally present in the United States, was convicted of one count of unlawful use of an identification document and one count of misuse of a social security number.  The verdict was returned yesterday afternoon following about five hours of jury deliberations.

The evidence at trial showed that Corio-Raymundo used a fraudulent Social Security card bearing the social security number assigned to a United States citizen, and a fraudulent State of Iowa identification card when he completed an employment form on October 2, 2013, at a business in Cedar Rapids, Iowa.  Corio-Raymundo also used the social security number of the United States citizen on state and federal tax forms.  On the employment form, Corio-Raymundo falsely claimed to be a United States citizen.  The investigation began when the Iowa Department of Transportation noticed that Corio-Raymundo was trying to register vehicles under a second social security number.  Their investigation disclosed that Corio-Raymundo used the social security number to title vehicles, when he was arrested by police on traffic violations, and when he obtained employment at four businesses in Cedar Rapids.

Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared.  Corio-Raymundo remains in custody of the United States Marshal pending sentencing.  Corio-Raymundo faces a possible maximum sentence of 15 years’ imprisonment, a $500 fine, and three years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations and the Iowa Department of Transportation, Bureau of Investigation and Identity Protection. 

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

The case file number is 18-CR-08-LRR.

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CEDAR RAPIDS, IA – There will be a press conference held on Thursday, June 7, 2018, at 12:00 p.m. in the Harold E. Getty Council Chambers located at 715 Mulberry St., in Waterloo, Iowa.  United States Attorney Peter E. Deegan, Jr., Waterloo Police Chief Daniel Trelka, representatives from federal and local law enforcement, and community members will be present at the press conference.  The purpose of the press conference is to announce the Safer Areas For Everyone (SAFE) initiative, a new initiative involving law enforcement and the Waterloo community to enhance efforts to combat violent crime.  

Other participants in SAFE are the Bureau of Alcohol, Tobacco, and Firearms, the Federal Bureau of Investigation, the Iowa Department of Corrections, the Black Hawk County Attorney’s Office, and members of the community.  SAFE is an initiative in furtherance 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 neighborhoods safer for everyone.   

 

Event Details

When:        June 7, 2018

Where:       Harold E. Getty Council Chambers, 715 Mulberry St., Waterloo

Time:         12:00 p.m.

 

A press release will be provided and interview opportunities will be available.  Follow us on Twitter @USAO_NDIA.

A man who possessed child pornography pled guilty yesterday in federal court in Cedar Rapids.

Austin Marek, age 22, from Anamosa, Iowa, was convicted of one count of possession of child pornography.  At the plea hearing, Marek admitted that, in 2016, he knowingly possessed child pornography, including one or more depictions of prepubescent children.

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

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

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 18-34.

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CEDAR RAPIDS – On the 500th day of the Trump Administration, Attorney General Jeff Sessions and U.S. Attorney for the Northern District of Iowa Peter E. Deegan, Jr. announced that the Department of Justice is taking a dramatic step to increase resources to combat violent crime, enforce our immigration laws, and help roll back the devastating opioid crisis.

In the largest increase in decades, the Department of Justice is allocating 311 new Assistant United States Attorneys to assist in priority areas. Those allocations are as follows: 190 violent crime prosecutors, 86 civil enforcement prosecutors, and 35 additional immigration prosecutors. Many of the civil enforcement AUSA’s will support the newly created Prescription Interdiction & Litigation Task Force which targets the opioid crisis at every level of the distribution system.

"Under President Trump's strong leadership, the Department of Justice is going on offense against violent crime, illegal immigration, and the opioid crisis—and today we are sending in reinforcements," said Attorney General Jeff Sessions. "We have a saying in my office that a new federal prosecutor is 'the coin of the realm.'  When we can eliminate wasteful spending, one of my first questions to my staff is if we can deploy more prosecutors to where they are needed. I have personally worked to re-purpose existing funds to support this critical mission, and as a former federal prosecutor myself, my expectations could not be higher. These exceptional and talented prosecutors are key leaders in our crime fighting partnership. This addition of new Assistant U.S. Attorney positions represents the largest increase in decades."

In the Northern District of Iowa, two of these AUSAs will focus on violent crime.  The addition of these two AUSAs brings the total number of AUSAs in the district to 26, representing an increase of over 7%.

“The new Assistant U.S. Attorneys in the Northern District of Iowa will be dedicated to working with all of our law enforcement partners to help keep our communities safe,” said United States Attorney Deegan.  “Our office remains committed to fighting violent crime and these new positions will allow us to bring even more prosecutors to the fight.”

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A Corridor woman who was transporting ice methamphetamine from Marion to Cedar Rapids for her boyfriend, a federal felon, was sentenced May 31, 2018, to more than five years in federal prison.

Leea McGinnis, age 35, from the Cedar Rapids, Iowa, area, received the prison term after a November 13, 2017, guilty plea to possessing methamphetamine with intent to distribute.  In a plea agreement, McGinnis admitted that, on April 4, 2017, she was driving a car in Marion with a suspended driver’s license for having failed to pay child support.  At the time police stopped her, McGinnis was transporting a stash of methamphetamine for her boyfriend, a federal felon with whom she was living in Marion.  During a search of McGinnis’s car, officers found more than 25 grams of “ice” methamphetamine.  Officers also found drug paraphernalia, nearly 140 grams of marijuana, and $1,088 in cash.  Officers later found another 110 grams of ice methamphetamine in another one of McGinnis’s cars.

McGinnis was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  McGinnis was sentenced to 64 months’ imprisonment and fined $2,000.  She must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.  McGinnis is being held in the United States Marshal’s custody until being transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Timothy L. Vavricek and investigated by the Drug Enforcement Administration and the Marion Police Department.  Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 17-CR-73-LRR and 17-MJ-301-CJW.  Follow us on Twitter @USAO_NDIA.

Two men who burglarized and stole from multiple Waterloo businesses were sentenced on May 30 and May 31, 2017, to several years in federal prison.

John Bennett, age 48, and Cody Laughlin, age 26, both from Waterloo, Iowa, received the prison terms after November 2017 guilty pleas to credit union burglary and credit union larceny.

At his guilty plea, Laughlin admitted that on May 25, 2017, he and Bennett used a vehicle to ram the front doors of a Waterloo credit union.  After breaching the doors, Laughlin entered the credit union and with Bennett’s assistance attempted to remove a cash recycling machine containing approximately $85,000.  Bennett and Laughlin attached a tow hook to the machine and their vehicle, but the machine was too heavy to tow out.  On May 27, 2017, Laughlin and Bennett went to a different credit union and used a forklift to take an ATM containing more than $57,000.  At sentencing, both Bennett and Laughlin admitted to a total of five such burglaries involving multiple stolen vehicles.  The two disposed of some of the stolen vehicles by dumping them in a nearby river.  In one case, police officers found a stolen vehicle on fire.  In total, Bennett and Laughlin caused over $217,000 of loss to ten separate victims. 

Bennett was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand.  Bennett was sentenced to 46 months’ imprisonment.  He was ordered to make $217,477.33 in restitution to all of the victims.  He must also serve a three-year term of supervised release after the prison term.  Laughlin was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand.  Laughlin was sentenced to 30 months’ imprisonment.  He was ordered to make $217,477.33 in restitution to all of the victims.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Bennett and Laughlin 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 Waterloo Police Department and the Federal Bureau of Investigation. 

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

The case file number is 17-CR-2062.

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A man who threatened to kill his ex-girlfriend and blow up her home and car was sentenced on May 31, 2018, to two years in federal prison.

Adam Charles Butler, age 25, from Waterloo, Iowa, received the prison term after a November 16, 2017 guilty plea to willfully making threats to kill or injure another by means of an explosive.

At the sentencing hearing, evidence showed that Butler sent several text messages threatening to use three bombs to blow up an Evansdale woman’s car and apartment when she and their young child were at home.  Butler made the threat because the woman did not allow him to see their child that day and, according to one of Butler’s text messages, “because she doesn’t get to have all the control.”  Butler was seen outside the woman’s home at approximately two in the morning the night after sending the bomb threats in violation of a no-contact order, and was arrested after police officers observed him leaving the area in his car.

Butler also had a history of domestic abuse, including physical assaults, break-ins, vandalism, threatening with guns, repeated verbal and text message death threats, and discharging guns.     

Butler was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand.  Chief Judge Strand, noting Butler’s history of domestic violence and the “egregious” nature of the threats, called Butler’s actions “very dangerous” and “disturbing.”  Butler 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. 

Butler 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 Lyndie M. Freeman and Ravi T. Narayan and investigated by the Waterloo Police Department. 

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

The case file number is 17-CR-2074.

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A Dubuque man who was found in possession of over 660 grams of ice methamphetamine was sentenced May 31, 2018, to more than 23 years in federal prison.

Scott Harry, age 42, from Dubuque, Iowa, received the prison term after a December 20, 2017, jury verdict finding him guilty of possessing 50 grams or more of pure methamphetamine with the intent to distribute it after having a previous conviction for a felony drug offense.

Evidence at trial showed that Harry was stopped by Dubuque Police Department while in possession of over 660 grams of pure methamphetamine hidden in a PVC pipe in the bed of the truck he was driving.  Evidence also showed that Harry had been selling methamphetamine in the Dubuque area.  In 1998, Harry was convicted of delivery of cocaine in state court.

Harry was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand.  Harry was sentenced to 280 months’ imprisonment.  He must also serve a 10-year term of supervised release after the prison term.  There is no parole in the federal system.  Harry 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 Ravi Narayan and Patrick Reinert and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Dubuque Drug Task Force. 

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

The case file number is 17-CR-01017-LTS.  Follow us on Twitter @USAO_NDIA.

A Waterloo man who illegally possessed a sawed-off shotgun was sentenced on May 31, 2018, to more than two years in federal prison.

Traeves Dashonn Bowers, age 33, from Waterloo, Iowa, received the prison term after a December 27, 2017, guilty plea to possessing an unregistered sawed-off shotgun.

In a plea agreement, Bowers admitted that during March 2017, he was selling marijuana from his home on Shilliam Avenue in Waterloo.  Waterloo Police searched his Shilliam Avenue residence that month and found over 26 grams of marijuana, a sawed-off shotgun, and a rifle.

Bowers was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand.  Bowers was sentenced to 30 months’ imprisonment.  He must also serve a two‑year term of supervised release after the prison term.  There is no parole in the federal system.

This case was brought as part of Project Safe Neighborhoods (PSN), 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.   Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.   In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

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

The case 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 and was prosecuted by Assistant United States Attorney Dan Chatham. 

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

The case file number is 17-CR-02081-LTS.

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A Waterloo man who had previously been convicted of more than 30 crimes as an adult and who trafficked crack cocaine was sentenced May 30, 2018, to more than 17 years in federal prison.

Samuel Landfair, age 39, from Waterloo, Iowa, received the prison term after a December 15, 2017, guilty plea to conspiracy to distribute crack cocaine, four counts of distribution of crack cocaine, and possession with intent to distribute crack near a protected location.

At the guilty plea, Landfair admitted selling crack cocaine on four separate occasions during November 2016 and possessing crack for the purpose of distributing it within 1,000 feet of George Washington Carver Academy in Waterloo, Iowa.  Landfair’s criminal history includes more than 30 adult convictions, including a conviction for possession of a simulated controlled substance with intent to distribute and three separate convictions for possessing a controlled substance with intent to distribute.

Landfair was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Landfair was sentenced to 213 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.

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

The case was prosecuted by Assistant United States Attorney Emily K. Nydle and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Iowa Division of Narcotics Enforcement, the Tri-County Drug Enforcement Task Force, the Waterloo Police Department, the Black Hawk County Sheriff’s Office, the Cedar Falls Police Department, the Cedar Rapids Police Department, the Iowa City Police Department, the Linn County Sheriff’s Office, and the Iowa State Patrol. 

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

The case file number is 17-cr-2047.

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A Waterloo man who possessed a loaded Springfield XD pistol with a sixteen round magazine was sentenced May 30, 2018, to more than five years in federal prison.

Durius Antwan Davis, age 26, from Waterloo, Iowa, received the prison term after a November 13, 2017, guilty plea to possession of a firearm by a felon.  At the guilty plea, Davis admitted that he possessed the loaded Springfield XD pistol in January 2017.  Davis had previously been convicted of willful injury causing serious injury in 2010 and robbery in 2011.  The willful injury conviction stemmed from an incident where Davis shot another man in the abdomen multiple times.

Davis was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Davis was sentenced to 63 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.

Davis 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 Ravi T. Narayan and Emily K. Nydle and were investigated by the Drug Enforcement Administration, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Iowa Division of Narcotics Enforcement, the Tri-County Drug Enforcement Task Force, the Waterloo Police Department, the Black Hawk County Sheriff’s Office, the Cedar Falls Police Department, the Cedar Rapids Police Department, the Iowa City Police Department, the Linn County Sheriff’s Office, and the Iowa State Patrol. 

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.   Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.   In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

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

The case file number is 17-cr-2049. 

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The third of three Cuban nationals who traveled across sixteen Iowa counties in 2017 and used at least fifty-four stolen identities and card numbers to make fraudulent purchases were sentenced to federal prison yesterday.

Liliany de Armas Mena, 21, resident of Kentucky, was sentenced to three years in prison after a guilty plea to conspiracy to commit access device fraud and aggravated identity theft.  Pedro Alvarez Rodriguez, age 36, and Dunieski Santana Moreno, age 27, residents of Florida, were both previously sentenced in April to 42 months and 40 months in federal prison, respectively, after guilty pleas to the same offenses. 

“Identity theft plagues Americans and financial institutions across the country and has a real impact on people’s everyday lives,” said United States Attorney Peter Deegan.  “We will continue working with our law enforcement partners to protect innocent Iowans from these schemes and hold the perpetrators accountable.”  

“This sentencing sends a strong message to those who attempt to defraud honest citizens and businesses in our communities without consequences.” said Tracy J. Cormier, Special Agent in Charge of HSI St. Paul. “I am proud of the work done by HSI special agents and the Waverly Police Department during this investigation and commend their efforts to put these criminals out of business.”

According to plea agreements and other information presented in court, de Armas Mena, Alvarez Rodriguez, and Santana Moreno perpetrated an identity theft and credit card fraud spree across the state of Iowa, using counterfeit credit cards containing at least fifty-four “skimmed” account numbers of victims.  They used these fake cards to purchase gift cards and gift card reloads at Wal-Mart stores. 

The scheme was designed to evade detection by moving across county borders to stay ahead of authorities, using self-checkout registers to make their repetitive transactions with multiple victims’ cards, and using locally “skimmed” numbers of mostly Iowa victims.  De Armas Mena, Alvarez Rodriguez, and Santana Moreno visited Wal-Mart stores in West Burlington, Mount Pleasant, Ottumwa, Grimes, Altoona, Ames, Boone, Denison, Sioux City, Le Mars, Sioux Center, Spencer, Spirit Lake, Mason City, Cedar Falls, and Waverly over the span of only four days in January and February 2017.  Alvarez Rodriguez had previously been convicted in 2015 of attempted robbery in Cuyahoga County, Ohio, after another incident at a Wal-Mart involving counterfeit cards and stolen account numbers.  Santana Moreno had previously been convicted in 2015 of financial transaction card theft in Sumter County, South Carolina. 

De Armas Mena was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand to 36 months’ imprisonment and two years of supervised release to follow.  All three have been ordered to make $5,655.08 in joint and several restitution to victims.  There is no parole in the federal system.

In sentencing the defendants, Chief Judge Strand condemned the “extremely disturbing” crimes, commenting that the defendants were parasites motivated by greed, who made the decision over and over to steal and make their livings off others’ hard-earned money.

De Armas Mena 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 Lyndie M. Freeman and investigated by Homeland Security Investigations and the Waverly Police Department. 

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

The case file number is 17-CR-2044.

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A convicted felon who stole a firearm during a burglary of a Waterloo truck and trailer repair shop was sentenced May 30, 2018 to more than four years in federal prison.

Patrick Ryan Lindquist, age 38, of Dunkerton, Iowa, received the prison term after a January 18, 2018 guilty plea to possession of a firearm by a felon.

At the guilty plea, Lindquist admitted he stole automotive tools during the November 2016 burglary and took the firearm he came across at the repair shop in order to “protect himself” during the burglary.  Approximately two weeks later, the loaded, stolen firearm and an automotive scanner stolen during the burglary were recovered by law enforcement at Lindquist’s residence.  Information presented at sentencing revealed that Lindquist was a serial burglar who also had served significant time in prison for possession of methamphetamine with intent to deliver.

Lindquist was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Lindquist was sentenced to 56 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), 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.  Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.  In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

Lindquist 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 Lyndie M. Freeman and investigated by the Waterloo Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. 

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

The case file number is 17-CR-2092.

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A Waterloo man who possessed two loaded guns and marijuana he planned to sell was sentenced May 30, 2018, to 11 years in federal prison.

Demetrius Marcellus Green, age 25, from Waterloo, Iowa, received the prison term after a January 31, 2018, guilty plea to possessing a controlled substance with intent to distribute it after being convicted of a prior drug felony and possession of firearms during and in relation to a drug trafficking crime.

In a plea agreement, Green admitted that he carried two guns, a Ruger, Model Super Black Hawk, .44 caliber revolver and a Ruger, Model SR9, 9mm pistol, while he possessed marijuana with the intent to distribute it.  On September 3, 2017, law enforcement officers located Green after a call regarding an argument with a female.  Green had two guns, both loaded and one with a large capacity magazine, several baggies of marijuana, a digital scale, and $650 cash in his possession at the time of his arrest.

Green was previously convicted of possession of marijuana with intent to distribute and possession of marijuana with intent to distribute 2nd offense in state court.  Green was still on parole at the time of his arrest in this case.  Green’s criminal history also includes convictions for assault causing bodily injury and disorderly conduct, fighting or violent behavior.

Green was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand.  Green was sentenced to 132 months’ imprisonment. He must also serve a 4-year term of supervised release after the prison term.  There is no parole in the federal system.

This case 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.   Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.  In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

Green 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 Waterloo Police Department and the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco. 

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

The case file number is 17-cr-02083.

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A man who was found lying in a field in the possession of a loaded handgun and over 500 grams of ice methamphetamine was sentenced today to more than 22 years in federal prison.

Troy Postel-Vargason, age 36, from Independence, Iowa, received the prison term after a November 27, 2017, guilty plea to four separate drug and gun related crimes.  Specifically, Postel-Vargason pled guilty to possession of methamphetamine with intent to distribute, possession of a firearm in furtherance of a drug trafficking felony, and two separate counts of being a felon in possession of a firearm. 

According to a criminal complaint filed in the case, Postel-Vargason was found by police officers in February 2017, lying in a field near his home in Independence and holding a bag that contained the methamphetamine.  A loaded 9mm handgun was found on the ground.  The serial number on the handgun was obliterated but was later restored by the Iowa Division of Criminal Investigation (DCI) laboratory.  The gun had been reported stolen.  At the guilty plea, Postel-Vargason admitted he intended to distribute the ice methamphetamine and that he possessed multiple firearms, including the loaded 9mm handgun.  He also admitted that, in August 2017, he possessed a Ruger 9mm pistol in the Southern District of Iowa.  Postel-Vargason agreed to transfer that case to the Northern District of Iowa, in Cedar Rapids, so that he could be sentenced on all four charges at the same time. 

Postel-Vargason was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Postel-Vargason was sentenced to 270 months’ imprisonment and must serve a 10-year term of supervised release after the prison term.  There is no parole in the federal system.

Postel-Vargason 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 the Independence Police Department, the Tri-County Drug Task Force, the Iowa Division of Narcotics Enforcement, and a Federal Task Force composed of the Waterloo Police Department, Federal Bureau of Investigation (FBI), and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), assisted by the Black Hawk County Sheriff’s Office and Cedar Falls Police Department.

The Southern District of Iowa case was investigated by the Iowa State Patrol, the FBI, and the LeClaire Police Department.

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

The case file numbers are 17-MJ-127 (criminal complaint); 17-CR-2023 (Northern District of Iowa case); and 17-CR-2086 (Southern District of Iowa case).

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

Savino Ortiz-Camarillo, Jr., age 36, a citizen of Mexico illegally present in the United States and residing in Decorah, Iowa, received the prison term after a January 18, 2018, guilty plea to one count of illegal reentry into the United States.

At the guilty plea, Ortiz-Camarillo admitted he had previously been deported from the United States on June 4, 2008, and January 30, 2009, and that he illegally reentered the United States without the permission of the United States government.  On November 28, 2017, Ortiz-Camarillo was found by immigration officers following an arrest in Fayette County on traffic violations. 

Ortiz-Camarillo was previously convicted in Allamakee County, Iowa, of making a false report to police in December 2003; in Iowa County, Wisconsin, of hit and run involving injury in December 2007; in the United States District Court for the Northern District of Iowa of using of false employment documents in May 2008; and in the United States District Court for the Southern District of Texas of illegal entry into the United States in January 2009.

Ortiz-Camarillo was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand.  Ortiz-Camarillo was sentenced to eight 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.

Ortiz-Camarillo 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, Immigration and Customs Enforcement, Enforcement and Removal Operations.  Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 17-CR-2090-LTS.

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A man who purchased and transported pounds of “ice” methamphetamine from Omaha, Nebraska, to Dubuque, Iowa, was sentenced May 30, 2018, to 30 years in federal prison.

Jason Michael Schumacher, age 37, from Dubuque, received the prison term after a February 6, 2018, guilty plea to conspiracy to distribute methamphetamine.

Evidence at the sentencing hearing showed that from July 2017 until November 30, 2017, Schumacher and his associates made at least 13 trips to Omaha to purchase pounds of “ice” methamphetamine.  Schumacher brought the methamphetamine back and sold it throughout the Dubuque area.

On October 12, 2017, police investigators received a tip that Schumacher was traveling to Dubuque in a silver car and might be in possession of a large amount of methamphetamine.  Investigators located Schumacher entering Dubuque eastbound on Highway 20.  They approached Schumacher after he parked in a mobile home park.  Schumacher then sped away from police, nearly striking an investigator’s vehicle.  Schumacher fled through two construction zones at dangerously high speeds, coming close to hitting workers in the construction zones.  Schumacher eventually lost control of his car near a busy intersection and crashed into a small utility building, knocking the building partially off its foundation.  Schumacher then tried to flee on foot, but investigators caught and arrested him.  Investigators transported a passenger in Schumacher’s car to the hospital, where she was treated for minor injuries.

Schumacher was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade to 360 months’ imprisonment.  He must also serve a 10-year term of supervised release after the prison term.  There is no parole in the federal system.

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

The case was prosecuted by Special Assistant United States Attorney Drew O. Inman and investigated by the Iowa Division of Narcotics Enforcement, Dubuque Police Department, Dubuque County Sheriff’s Office, Dubuque Drug Task Force, Waterloo Police Department, Black Hawk County Sheriff’s Office, Tri-County Drug Enforcement Task Force, Federal Bureau of Investigation, and Iowa Division of Criminal Investigation.

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

The case file number is 17-CR-1050-LRR.

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A convicted felon who unlawfully possessed guns and used those guns to further his distribution of marijuana was sentenced May 30, 2018, to more than 10 years in federal prison.  

Danquel Antwain Faulkner, age 23, from Cedar Rapids, Iowa, received the prison term after a February 22, 2018, guilty plea to possession of a firearm by a felon and possession of a firearm during and in relation to a drug trafficking crime.

In a plea agreement, Faulkner admitted he possessed a gun on three separate occasions.  He further admitted that on two of the times he possessed a gun, he used the gun to further a drug crime, namely his distribution of marijuana.  One of the guns Faulkner possessed had been stolen from America’s 2nd Amendment Firearms on June 3, 2017.  Faulkner has previous felony convictions for possessing a stolen vehicle, escape, and possession of a controlled substance.

Faulkner was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Faulkner was sentenced to 124 months’ imprisonment.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.

This case was brought as part of Project Safe Neighborhoods (PSN), 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.   Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.  In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

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

The case was prosecuted by Assistant United States Attorney Emily K. Nydle and was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Hiawatha Police Department, the Cedar Rapids Police Department, and the Loves Park, Illinois, Police Department.        

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

The case file number is 17-cr-00080.

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Law enforcement agencies across the state continue to make Iowa safer by addressing the problem of gun crime and violence.  United States Attorney Peter E. Deegan, Jr. announced charges and arrests in thirty-one recent federal gun cases at a press conference held at the United States Attorney’s Office.  Deegan was joined by Donald Dockendorf, Bureau of Alcohol, Tobacco, Firearms and Explosives, Thomas Reinwart, Federal Bureau of Investigation, Chief Dan Trelka, Waterloo Police Department, Deputy Chief Thomas Jonker, Cedar Rapids Police Department, Sergeant James Trainor, Iowa State Patrol, Investigator Nicholas Schlosser, Dubuque Police Department, and Captain Greg McGivern, Linn County Sheriff’s Office.

“Historically, gun violence rises during the spring and summer months,” Deegan stated.  “All too often, an unlawfully-possessed gun can lead to an act of gun violence.  The Department of Justice and this office is committed to working with all of our federal, state and local law enforcement partners to help keep our communities safe by taking unlawfully-possessed guns – and those who possess them – off the street.”

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

Harold Amos, age 39, of Tama County, Iowa; Brady Morgan, age 24, of Raymond, Iowa; Jesse Andrew Hall, age 20, of Cedar Falls, Iowa; Sejuan Marquise Walker, age 22, of Coralville, Iowa; Eric Allen Boyer, age 35, Alan Cherry, age 39, Willie B. Hodges II, age 57, Shane Lee LaGrange, age 35, Riley Michael Neff-Gonzales, age 19, Cleveland Dwayne Cole Smith, age 31, Alfred Washington, age 39, Victor Charles Wicher, age 37, Dominique Dwight Williams, age 29, all of Cedar Rapids, Iowa; Ian Michael Bonnette, age 38, Jevonne Martell Coleman, age 32, Michael Joseph Dennison, age 41, Montecarlos Marteze Gant, age 35, Javontae Ernie Grisson, age 22, Patrick Andrew Lugrain, age 21, Kenneth Lamont Sanders, age 38, Marliesha Scott, age 38, Gerald Francis Straka, age 60, Davion Lashaun Trawick, age 18, William James Wesley, age 24, all of Dubuque, Iowa; Laika Burt, age 41, Scott Francis Gilson, age 38, Antonio Scott McGhee, age 27, Denzale Devon Babuta Ratliff, age 24, Antonio Rodriguez Ross, age 23, John Joseph Sanford, Jr., age 42, Mario Ronrico Smith, age 18, all of Waterloo, Iowa; have all been charged with various violations of federal law including being a prohibited person in possession of a firearm.  The charges are contained in complaints and indictments filed recently in United States District Court in Cedar Rapids.

The complaint filed against Walker alleges that, on January 29, 2018, Walker was involved with stealing items, including a wallet and a Smith and Wesson 9mm semiautomatic handgun, from a vehicle in Alburnett, Iowa.  Later that day, Walker used a credit card from the wallet at the Wal-Mart in Anamosa.  In February, Walker was arrested outside an apartment complex in Coralville and the Smith and Wesson 9mm semiautomatic handgun was later recovered from a clothes dryer in the common area of the apartment building.  The case file is 18-MJ-171.

The complaint filed against Boyer alleges that, on April 5, 2017, the Cedar Rapids Police Department executed a search warrant at Boyer’s home.  Officers located Boyer hiding in a closet in a bedroom.  In that same bedroom, officers seized a Glock .40 caliber pistol, a Ruger Super Redhawk .45 caliber revolver, and approximately 50 grams of suspected methamphetamine.  The case file is 18-MJ-165.

The complaint filed against Washington alleges that, on November 1, 2017, officers with the Coralville Police Department attempted to conduct a traffic stop on a vehicle driven by Washington.  Washington refused to stop, eventually escaping from police.  Later that evening, officers with the Cedar Rapids Police Department observed Washington’s vehicle and attempted to conduct a traffic stop.  Washington fled from officers, at times reaching speeds of approximately 85 miles per hour in a 35 mile-per-hour zone.  Washington eventually crashed the vehicle and attempted to flee on foot.  Officers eventually placed Washington in custody and located a Smith and Wesson SD40VE .40 caliber pistol approximately ten yards from where Washington was taken into custody.  Washington had previously been convicted of misdemeanor crimes of domestic violence.  The case file is 18-MJ-166.

The complaint filed against LaGrange alleges that, on December 29, 2017, the officers with the Cedar Rapids Police Department stopped LaGrange for driving with a suspended license.  During a search of LaGrange’s vehicle, police located a loaded Hi-Point 9mm pistol which had previously been reported stolen.  Police also located methamphetamine in LaGrange’s coat pocket.  LaGrange had previously been convicted of at least five felony offenses including perjury, burglary, and felony drug crimes.  The case file is 18-MJ-162.

The complaints and indictments filed against Amos, Burt, Cherry, Coleman, Gant, Hodges, Morgan, Ratliff, Sanders, Sanford, Smith, and Wicher allege that these defendants were in possession of a firearm after sustaining at least one conviction for a felony offense.    

The complaints and indictments filed against Dennison, Gilson, Grisson, Hall, McGhee, Neff-Gonzales, Lugrain, Ross, Scott, Smith, Straka, Trawick, and Williams, allege that these defendants were in possession of a firearm while being an unlawful user of a controlled substance.  Dennison is also charged with possessing a sawed-off shotgun not registered to him in the National Firearms Registration and Transfer Record.  Lugrain is also charged with making a false statement during the purchase of a firearm.  Neff-Gonzales is also charged with possessing a stolen firearm.

The indictment filed against Bonnette alleges that he possessed a Mossberg 500A 12-gauge shotgun after previously being committed to a mental institution.  The indictment filed against Wesley alleges that he possessed a Smith and Wesson .38 caliber revolver while subject to a court order of protection and while under indictment for a felony offense.   

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

Defendants Scott Francis Gilson, Riley Neff-Gonzales, Antonio Rodriguez Ross, Kenneth Lamont Sanders, Cleveland Swayne Cole Smith, and Davion Lashaun Trawick remain fugitives.  Anyone with information regarding the whereabouts of is asked to contact Cedar Valley Crime Stoppers at 319-232-5583, or 855-300-8477 or Linn County Crime Stoppers at 1-800-CS-CRIME (272-7463).

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

The cases were brought as part of Project Safe Neighborhoods (PSN), 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.   Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.   In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

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

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A former federal inmate who distributed approximately 20 pounds of methamphetamine while on federal supervised release was sentenced on May 29, 2018, to more than 14 years in federal prison.

Zachary Tew, 25, from Humboldt, Iowa, received the prison term after an April 13, 2017, guilty plea to one count of conspiracy to distribute methamphetamine.

Evidence at sentencing showed that in July 2015, Tew was sentenced to 12 months and a day in federal prison for his involvement in a conspiracy to distribute methamphetamine.  Upon his release from prison, Tew began a term of supervised release and almost immediately began violating the mandatory terms and conditions.  Then, in August 2016, after having been on supervised release for approximately six months, Tew failed to appear for a revocation proceeding and ceased all communication with his probation officer.  On November 7, 2016, approximately three months later, law enforcement apprehended Tew after a short pursuit and seized approximately 13 ounces of methamphetamine; $17,856; a handgun with loaded magazines; and boxes of ammunition.  Tew later admitted to having distributed approximately 20 pounds of methamphetamine while on supervised release, possessing stolen firearms, and arranging to find a stash house that would store up to 150 pounds of methamphetamine.

Tew was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Tew was sentenced to 170 months’ imprisonment.  This sentence must run partially consecutive to the 60 months’ imprisonment imposed for his violations while on supervised release.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.

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

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

The case file number is 17-3004-MWB.

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A woman who distributed approximately 20 pounds of methamphetamine was sentenced on May 29, 2018, to more than 5 years in federal prison.

Angela Kaye Olson, 49, from Boone, Iowa, received the prison term after a March 15, 2017, guilty plea to one count of conspiracy to distribute methamphetamine.

Evidence at sentencing showed that Olson had three different sources of methamphetamine and sold approximately twenty pounds in total within a six-month period.  Olson, who is a felon, admitted to unlawfully possessing firearms and on one occasion, trading a firearm for methamphetamine. 

Olson was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Olson was sentenced to 68 months’ imprisonment.  She must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.

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

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

The case file number is 16-3050-MWB.

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CEDAR RAPIDS, IA – There will be a press conference held on Wednesday, May 30, 2018, at 1:30 p.m. at the United States Attorney’s Office in the federal courthouse, 111 Seventh Ave SE, in Cedar Rapids.  United States Attorney Peter E. Deegan, Jr. and representatives from federal and local law enforcement, including the Cedar Rapids, Waterloo, and Dubuque police departments, will be present at the press conference.  The purpose of the press conference is to announce recent Project Safe Neighborhood gun charges and arrests in Eastern Iowa.  

Project Safe Neighborhoods (PSN) is 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.   Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.   In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

 

Event Details

When:        May 30, 2018

Where:       United States Attorney’s Office, 111 Seventh Ave SE

Time:          1:30 p.m.

 

A press release will be provided and interview opportunities will be available.  Follow us on Twitter @USAO_NDIA.

Naiqondis Maurice Spates, age 33, Devonte Denterrio Jenkins, age 26, and Gary Lind Krueger, age 71, all from Waterloo, Iowa, received the prison terms on May 22, 2018, after each pled guilty to conspiracy to distribute crack cocaine.  Spates also pled guilty to distribution of crack cocaine within a 1,000 feet of a protected location.  Jenkins and Krueger each also pled guilty to a count of distribution of crack cocaine.  Evidence at previous hearings showed that the investigation by law enforcement included a wiretap that recorded numerous telephone calls related to the buying and selling of crack cocaine.  Evidence also showed that law enforcement made multiple controlled buys of crack cocaine from all three men.

Spates was sentenced to 91 months’ imprisonment.  He must also serve an 8-year term of supervised release after the prison term.  Spates’ has previously been convicted of delivery of a controlled substance and also has two prior domestic assault convictions.  Spates was also found to be an organizer or leader of the conspiracy and to have possessed a dangerous weapon.

Jenkins was sentenced to 120 months’ imprisonment.  He must also serve an 8-year term of supervised release after the prison term.  Jenkins’ criminal history included a deferred judgement for possession of crack cocaine with the intent to deliver in 2014.

Krueger was sentenced to 120 months’ imprisonment and fined $12,000.   He must also serve an 8-year term of supervised release after the prison term. Krueger’s criminal history included convictions for delivery of cocaine base in 2003 and a conviction for pimping in 2000.

All three men were sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  There is no parole in the federal system.  All three 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 Emily K. Nydle and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Iowa Division of Narcotics Enforcement, the Tri-County Drug Enforcement Task Force, the Waterloo Police Department, the Black Hawk County Sheriff’s Office, the Cedar Falls Police Department, the Cedar Rapids Police Department, the Iowa City Police Department, the Linn County Sheriff’s Office, and the Iowa State Patrol. 

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

The case file number is 17-cr-2043. 

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

Edwin Melendez-Lopez, age 37, a citizen of Honduras illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after a April 16, 2018, guilty plea to one count of unlawful use of an identification document and one count of illegal reentry into the United States.

At the guilty plea, Melendez-Lopez admitted he had previously been deported from the United States on April 27, 2007, and that he illegally reentered the United States without the permission of the United States government.  Melendez-Lopez also admitted that on January 19, 2018, he used a social security card bearing an alias name when completing employment forms to obtain a job in Cedar Rapids, Iowa.  The alias name and social security account number on the card used by Melendez-Lopez belonged to a United States citizen.  On February 21, 2018, Melendez-Lopez was found by immigration officers during a traffic stop in Cedar Rapids, Iowa. 

Melendez-Lopez was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Melendez-Lopez was sentenced to 72 days’ imprisonment.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

Melendez-Lopez is being held in the United States Marshal’s custody until he can be turned over to immigration officials.

The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the 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-11-LRR.

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A Cedar Rapids man who was previously convicted of selling cocaine was sentenced today to 20 years in federal prison for trafficking in 99% pure “ice” methamphetamine.

Ryan William Buchheim, age 48, from Cedar Rapids, Iowa, received the prison term after a December 17, 2017 guilty plea to possession with intent to distribute methamphetamine.

At the guilty plea, Buchheim admitted that on March 16, 2017, police officers stopped Buchheim’s car in Cedar Rapids.  A drug dog alerted on the car, indicating the presence of drugs, and officers found a backpack in the car containing 435 grams of “ice” methamphetamine.  The methamphetamine was over 99% pure.  Buchheim admitted that he intended to sell the methamphetamine.  Buchheim was previously convicted of delivery of cocaine and possession of pseudoephedrine knowing it would be used to manufacture methamphetamine.

Buchheim was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  He was sentenced to 240 months’ imprisonment and fined $15,000.  Buchheim must also serve a 10-year term of supervised release after the prison term.  There is no parole in the federal system.

Buchheim 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 Ravi T. Narayan and Special Assistant United States Attorney Drew O. Inman and investigated by Drug Enforcement Administration and Cedar Rapids Police Department. 

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

The case file number is 17-CR-84-LRR.

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A Guatemalan man who illegally returned to the United States was sentenced May 21, 2018, to almost three months in federal prison.

Juan Bernal-Brito, age 27, a citizen of Guatemala illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after a April 5, 2018 guilty plea to one count of illegal reentry into the United States.

At the guilty plea, Bernal-Brito admitted he had previously been deported from the United States on February 8, 2013, and that he illegally reentered the United States without the permission of the United States government.  On February 14, 2018, Bernal-Brito was found by immigration officers during a traffic stop in Cedar Rapids, Iowa.  Bernal-Brito claimed to have illegally reentered the United States on December 10, 2017.

Bernal-Brito was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Bernal-Brito was sentenced to 84 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.  Bernal-Brito 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 the 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-09-LRR.

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A woman who hid in locations in Florida, Texas, California and Arizona to avoid prosecution before being found and arrested in California was sentenced May 21, 2018, to nearly 4 years in federal prison.

Angela Suzanne Nichols, 43, from Sioux City, Iowa, received the prison term after a February 15, 2018, guilty plea to conspiracy to distribute methamphetamine.   

At the guilty plea, Nichols admitted her involvement in a conspiracy that distributed more than 5 grams of actual (pure) methamphetamine from January through June 2016.  Nichols further admitted she aided and abetted Andre Brown in the distribution of more than 40 grams of ice methamphetamine to individuals cooperating with law enforcement in January 2016. 

Nichols was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Nichols was sentenced to 45 months’ imprisonment.  She must also serve a 4-year term of supervised release after the prison term.  There is no parole in the federal system.  Nichols is being held in the United States Marshal’s custody until she can be transported to a federal prison.

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

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

The case file number is 17-4041. Follow us on Twitter @USAO_NDIA.

A man who possessed a firearm as a felon and fired a shot at a Waterloo police officer was sentenced today to ten years in federal prison.

Miquelle Miller, age 23, from Waterloo, Iowa, received the prison term after an October 19, 2017 guilty plea to possessing a firearm and ammunition as a felon.

Evidence at the sentencing showed that on May 21, 2017, Miller and his associates discharged a firearm within the city limits of Waterloo.  Police received a 911 call regarding the shots and several officers responded to investigate.  One officer located Miller walking down the 800 block of West Parker.  The officer turned his vehicle around in order to ask Miller if he had seen or heard anything.  As he was doing so, Miller took off running.  The officer drove up to Miller and began exiting his vehicle when Miller turned, raised his arm, and fired one shot towards the officer.  Miller ran again and threw the gun in a nearby backyard.  Miller was arrested later that evening and police recovered the gun. 

Miller was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Miller 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), 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.   Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.   In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

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

The case was prosecuted by Assistant United States Attorney Lisa C. Williams and investigated by the Waterloo Police Department and 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 17-cr-2060.

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