Northern District of Iowa

A man who distributed child pornography and had previously been convicted in federal court of receiving child pornography was sentenced today to over 21 years in federal prison.

Craig Watters, age 31, from Cedar Rapids, Iowa, received the sentence after a November 1, 2017 guilty plea to one count of distribution of child pornography.  At the plea hearing, Watters admitted that, in 2014, he knowingly distributed child pornography.  He also admitted that he was convicted of receipt of child pornography in the Northern District of Iowa in 2009. 

Watters was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Watters was sentenced to 262 months’ imprisonment.  A special assessment of $100 was imposed, and he was ordered to make $6,500 in restitution to two victims depicted in videos he received or distributed.  Watters must also serve a life term of supervised release, and he must comply with all sex offender registration and public notification requirements. 

This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation and the Cedar Rapids Police Department. 

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.  For more information about Internet safety education, please visit www.usdoj.gov/psc 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 17-69. 

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A convicted burglar who illegally possessed a handgun pled guilty on May 16, 2018, in federal court in Cedar Rapids.

Allan James Arceo, age 24, from Waterloo, Iowa, was convicted of one count of possessing a firearm as a felon.  At the plea hearing, Arceo admitted he possessed the loaded firearm in Waterloo on January 1, 2018.  Arceo had previously been convicted in 2014 of burglary in the third degree in Black Hawk County, Iowa.

Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared.  Arceo remains in custody of the United States Marshal pending sentencing.  Arceo faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, and 3 years of supervised release.

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together 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 was investigated by the Waterloo Police Department and Bureau of Alcohol, Tobacco, Firearms, and Explosives, and is being prosecuted by Assistant United States Attorney Dan Chatham.  Court file information at https://ecf.iand.uscourts.gov/.  The case file number is 18-CR-02003-LRR. 

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A man who fled from law enforcement, damaging crops and a fence, was sentenced May 17, 2018, to six years in federal prison.

Daniel Lester Frye, 45, from Sioux City, Iowa, received the prison term after a January 17, 2018, guilty plea to possession with intent to distribute methamphetamine.  Frye was previously convicted of possessing with intent to distribute methamphetamine in the Iowa District Court for Woodbury County in 1996.

Evidence at the sentencing hearing showed that on August 11, 2017, law enforcement was dispatched to the Winnavegas Inn after receiving a report from hotel staff of found property in a hotel room.  Hotel staff informed law enforcement that the cleaning staff found drugs and drug-related items the morning after Frye, who had rented the room, checked out.  While securing the evidence, which included four individual baggies of methamphetamine, one individual baggie of cocaine, and drug paraphernalia, Frye walked into the hotel.  After seeing law enforcement, Frye took off running and got in his car and left.  Law enforcement pursued Frye’s car in a high speed chase.  Frye did not stop at a stop sign and drove through two fields of crops.  Frye admitted to possessing over five grams of actual (pure) methamphetamine with the intent to distribute some or all of it to another person or persons. 

Frye was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Frye was sentenced to 72 months’ imprisonment.  He was ordered to make $2,300 in restitution to the victims of the crops he damaged while fleeing from law enforcement.  He must also serve an 8-year term of supervised release after the prison term.  There is no parole in the federal system.

Frye 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 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 17-4073.

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A Cedar Rapids woman pled guilty today in federal court in Cedar Rapids.

Robin Ann Bertelli, age 60, from Cedar Rapids, Iowa, was convicted of one count of bank fraud and one count of aggravated identity theft.

In a plea agreement, Bertelli admitted that in 2013, she began a romantic relationship a former Navy SEAL, who lived with his elderly and widowed mother in rural Central City, Iowa.  Bertelli soon moved in with the widow and her son.  The widow was unable to walk to her mailbox to get her mail.  Bertelli stole mail from the widow, including mail from her financial institution, Collins Community Credit Union (“CCCU”).

In December 2015, the former Navy SEAL received an inheritance of approximately $18,000 from a relative and deposited this inheritance into his checking account at CCCU.  In February 2016, Bertelli and the former Navy SEAL travelled together to Puerto Rico for a vacation.  On that trip, the former Navy SEAL unexpectedly died in Puerto Rico.  Bertelli reported to others that the former Navy SEAL went swimming, hit his head on a rock, and accidentally drowned.

Family members of the former Navy SEAL ultimately discovered that Bertelli had stolen blank CCCU checks from the former Navy SEAL and his mother.  From July 2013 through September 2016, Bertelli fraudulently made 63 checks payable to herself, inserted a dollar amount, and forged their signatures.  Bertelli deposited these forged checks into her own account at NXT Bank, fraudulently causing transfers of funds from the CCCU accounts of the former Navy SEAL and his mother into Bertelli’s account.  The three transfers from the former Navy SEAL’s CCCU account all occurred after the date of his death.  Bertelli stole a total of $191,500 from the CCCU accounts of the former Navy SEAL and his mother.  Bertelli used the stolen funds for her own purposes, including to purchase a luxury car.  

The prosecution of Bertelli is part of the Department of Justice’s Elder Abuse Initiative.  In March 2016, the United States Attorney’s Office for the Northern District of Iowa was selected as one of ten districts nationwide to launch regional Elder Justice Task Forces. The Elder Justice Task Forces reflect the department’s larger strategy and commitment to protecting our nation’s seniors, spearheaded by the department’s Elder Justice Initiative.  The Elder Justice Initiative coordinates and supports the Department’s law enforcement efforts and policy activities on elder justice issues.  It plays an integral role in the department’s investigative and enforcement efforts against nursing homes and other long-term care entities that deliver grossly substandard care to Medicare and Medicaid beneficiaries.  The United States Attorney’s Office for the Northern District of Iowa has rededicated its efforts and resources to investigate and hold accountable those who have been involved in activities incompatible with ensuring that the state’s more vulnerable citizens are treated with dignity and respect.

Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared.  Bertelli remains free on bond previously set.  Bertelli faces a mandatory minimum sentence of 2 years’ imprisonment and a possible maximum sentence of 32 years’ imprisonment, a $1,250,000, and 5 years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Timothy Vavricek and was investigated by the Linn County Sheriff’s Office and the United States Postal Inspection Service. 

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

The case file number is 18-CR-30-LRR.

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Crescent Community Health Center, a non-profit health center in Dubuque, Iowa, agreed to pay $40,000 in penalties to resolve False Claims Act allegations that, during a five month period in 2013, Crescent employees who lacked the requisite credentials or authority issued 8 controlled substance refills that were paid for by Medicare or Medicaid.  The Center also agreed to pay $7,503.80 to resolve allegations that, during this same period, Crescent employees improperly issued 71 prescriptions or prescription refills for non-controlled substances that were eventually paid for by Medicare or Medicaid. 

The Center did not concede liability as part of the agreement but did admit that the 8 controlled substance refills were not supported by documentation that the prescriptions were authorized by qualified practitioners.

“Health care providers should be on notice that our office will use every appropriate enforcement tool to curb the availability of unauthorized or misused prescription drugs,” said United States Attorney Peter E. Deegan, Jr.  “This office takes seriously its obligation to enforce the nation’s laws aimed at protecting public health and taxpayer dollars.”

The allegations resolved by the settlement arose from an investigation jointly conducted by the Department of Health and Human Services Office of Inspector General and the State of Iowa’s Medicaid Fraud Control Unit.  False Claims Act cases also arise under the qui tam or whistleblower provisions of the Act, which permit a private party with knowledge of false claims to bring suit on behalf of the United States and then share in any recovery.  

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Each day, thousands of law enforcement officers serve the public across the state of Iowa.  These officers stand on the front lines in our communities.  Every time an officer goes on duty, that officer accepts a measure of personal risk that few in our society face in their everyday jobs.  They do so in order to continue the fight against violent crime.  They do so in order to combat the dangers of the opioid epidemic.   But these officers also risk their lives in ways that are often too easily taken for granted.  They patrol our neighborhoods to safeguard our families and our property.  They protect our schools.  They investigate crimes from theft to murder.  They assist those who have lost their way and they provide help to those in need. 

How often do we stop and think about the dedication and courage that it takes for an officer to perform even seemingly routine duties – like conducting a traffic stop on a busy highway after dark?  The vast majority of law enforcement officers accept these risks - not for personal reward or recognition – but simply wanting to serve their communities well.  And when they do so, they are doing far more than their fair share to help establish and maintain a safe and just society.  For this, every one of us owes a debt of gratitude.

Toward that end, in 1962, President John F. Kennedy signed a proclamation designating May 15 as Peace Officers Memorial Day and the week surrounding as Police Week.  This year, Police Week runs from May 13 to May 19.  During this week especially, the United States Attorney’s Office for the Northern District of Iowa wishes to recognize and thank each and every federal, state, and local law enforcement officer in Iowa for making so many sacrifices to keep us safe.

It is also important to recognize and thank our law enforcement officers’ families for the sacrifices they make every day.  For every officer putting his or her life on the line, there are people back home, worried for their loved one’s safety.  Without the strength and dedication of their families, these officers would not be able to do what they do each day to protect us and our families.  And for the families of those officers who have given their lives in the line of duty, there is little that words can do to ease the suffering of their loss.  But we can pledge to honor their loved ones by cherishing the freedoms we enjoy.   

The United States Attorney’s Office is dedicated to supporting our law enforcement partners at every level.  We do this, first and foremost, through a commitment to our common goal of enhancing public safety.  Through our Project Safe Neighborhoods program, we work together to take dangerous criminals and guns off our streets.  Through our Heroin Initiative, we work together to attack the opioid crisis through enforcement and community outreach. 

This Police Week, we are asking the public to join us in saying “thank you” to our friends in law enforcement.  We can do this by taking any opportunity to make their jobs just a little easier.  We can also say “thank you” by taking the time to share a story about a friendly interaction with an officer, or about a time when we were in need and it was an officer who was there to help.  Finally, we can simply and sincerely say “thank you” to the next officer we see.

To our friends on the force, the United States Attorney’s Office thanks you for your service.  

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An unlawful user of cocaine and marijuana who possessed a loaded handgun and shot at a building in Dubuque, Iowa, pled guilty today in federal court in Cedar Rapids.

Ricardo Sanchez, age 32, from for Forest City, Illinois, was convicted of one count of possession of a firearm by an unlawful user of controlled substances.

At the plea hearing, Sanchez admitted that he was in Dubuque on November 27, 2017.  He further admitted that he possessed a 9mm pistol and at least

9 rounds of ammunition.  Sanchez was an unlawful user of both cocaine and marijuana.

Evidence at a prior detention hearing showed that in the early morning hours of November 27, 2017, Sanchez arrived at a club in downtown Dubuque.  After entering the club, Sanchez got into an argument with the club owner.  He then left the club and returned to his vehicle.  Sanchez is then seen on traffic camera video retrieving something from his vehicle.  He then returned to outside the club, which was occupied, and fired a handgun towards the building multiple times.  Police later recovered 9 spent 9mm shell casings from the area of the shooting.  After firing the handgun, Sanchez returned to his vehicle and drove from Dubuque into Illinois.  He was arrested later on November 27 in Galena, Illinois.  Police recovered the 9mm pistol from along the road outside of Galena.

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.

Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared.  Sanchez remains in custody of the United States Marshal.  Sanchez faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, and 3 years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Tony Morfitt and was investigated by the Dubuque Police Department, the Bureau of Alcohol, Tobacco, and Firearms, the Galena Police Department, and the Jo Daviess County Sheriff’s Office. 

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

The case file number is 18-CR-1003.

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A Waterloo man was sentenced on May 9, 2018, to serve 43 months in federal prison for unlawfully possessing a gun and ammunition.

Wayne J. Jones, II, age 38, received the prison term after an October 15, 2017, guilty plea to one count of unlawful possession of a firearm and ammunition as a convicted felon and unlawful drug user.

Evidence presented at sentencing showed that Jones possessed multiple firearms in his Waterloo apartment and shot those firearms at an outdoor shooting range.  On April 12, 2017, FBI agents executed a federal search warrant at Jones’s apartment.  On that same date, Jones’s brother, Joseph Jones, was charged in the Northern District of Illinois with providing material support to ISIS.  Those charges are still pending.

The evidence at sentencing showed that at the time the search warrant was executed, Wayne Jones admitted he was a daily user of marijuana.  FBI agents seized a loaded handgun, ammunition, and other items from his apartment.  A forensic examination of Jones’s phone discovered text messages and photos relating to drug activity and photos of firearms, as well as an image of an ISIS flag Jones claimed his brother sent him.  Other investigation showed Jones sought to have his adult son purchase a firearm for him at a Waterloo sporting goods store in November 2016.  Jones was arrested at the time of the search on an outstanding arrest warrant in Wisconsin issued after Jones violated terms of probation imposed on prior battery and disorderly conduct convictions there.  While Jones was incarcerated in Wisconsin, he spoke to family members in calls recorded by the jail.

In one call, Jones claimed he and his brother were of “like mind” but have different approaches, stating: “I’m a little wiser, like okay, I’ll kill ‘ya, like you and your whole f****** household, but I’m not gonna be all you know unwise about it.  I’m going to take the appropriate approach and make sure my ass is covered.”

Jones was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Jones was sentenced to 43 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.

In imposing sentence, Judge Reade noted Jones had several prior criminal convictions that had not been taken into account by the sentencing guidelines, including convictions for possession with intent to distribute marijuana, resisting a peace officer, assault, forgery, and interference with official acts.  The court stated Jones’s prior criminal conduct showed a disrespect for the law and a history of violence that was particularly troubling given his fascination with guns.  The court found Jones was an “extremely high risk to recidivate.” 

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

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

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

The case file number is 17-CR-02058.

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A man who conspired to distribute methamphetamine was sentenced May 9, 2018, to more than 10 years in federal prison.

Rafael Martinez, 34, from Kiron, Iowa, received the prison term after a March 22, 2017, guilty plea to conspiracy to distribute methamphetamine.

At the guilty plea, Martinez admitted that beginning in or about early 2015, and continuing to at least April 2016, he conspired with others to distribute at least 1,500 grams of actual (pure) methamphetamine in the Carroll and Crawford County areas.  Martinez further admitted to distributing methamphetamine to an individual cooperating with law enforcement in October 2015.  Martinez relocated from California to Iowa in order to avoid contact with the Vatos Locos gang, of which he was a former member.

Martinez was sentenced in Sioux City by United States District Court Judge Leonard T. Strand.  Martinez was sentenced to 126 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.  Martinez is being held in the United States Marshal’s custody until he can be transported to a federal prison.

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

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

The case file number is 16-3051.

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A Kenyan native who entered the United States in 2003 on a student visa and whose lawful visa status ended in 2004, was sentenced on May 7, 2018, to 5 years in federal prison for unlawfully possessing a gun as an unauthorized alien.

Kevin Oscar Naholi, age 41, most recently from Cedar Rapids, Iowa, received the prison term after a November 20, 2017, jury verdict finding him guilty of one count of unlawfully possessing a firearm as a prohibited person.

Evidence at trial showed that at about 6:00 p.m. on August 26, 2017, Naholi was outside his residence on 11th Avenue SW in Cedar Rapids when a neighbor and her two young sons were returning home on foot from an evening dinner.  Naholi was armed with a long rifle.  The neighbor observed Naholi with the rifle from a short distance away and was startled.  The neighbor yelled at Naholi to put the gun down and warned Naholi he could get in trouble for having the gun.  Naholi responded by pointing the rifle in the direction of the neighbor and her children, causing them to flee in fear to a nearby house.  From there the neighbor called the police.  Naholi retreated into his home and refused to come out despite prolonged efforts by the police to negotiate his peaceful surrender.  Police eventually deployed tear gas into the house, but to no avail.  At about 4:45 a.m. after also deploying a robot into the house, a Cedar Rapids Police SWAT team entered and took Naholi into custody.  The rifle was found at the foot of a bed in the house.  Police also found a machete in another room along with Naholi’s cell phone and other property.  

At the sentencing hearing on Monday, the government presented evidence of Naholi’s violent criminal history, including multiple incidents of domestic abuse of a prior spouse who later divorced him.  The evidence also showed Naholi married a second woman nearly 40 years his senior in 2015 while he was incarcerated and immigration removal proceedings were pending against him.  Naholi later sought to be granted lawful permanent residence based upon his second marriage, but that request was denied by immigration authorities.  Naholi’s second wife served him with divorce papers on August 26, 2017, the day he was found to have unlawfully possessed a firearm.          

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

At sentencing, Judge Reade found Naholi posed a serious risk to the public and noted Naholi had numerous prior criminal convictions that made him likely to recidivate. 

Naholi will be subject to removal from the United States to Kenya upon completion of service of his sentence.

The case was prosecuted by Assistant United States Attorney Richard L. Murphy and investigated by Immigration and Customs Enforcement, with the assistance of 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-00070.

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A Cedar Rapids man and a man from Washington State who sold more than 100 pounds of marijuana were each sentenced on May 8, 2018, to multiple years in federal prison.

Buddy Xeko, age 36, from Cedar Rapids, Iowa, received the prison term after a December 7, 2017, guilty plea to one count of conspiracy to distribute marijuana and cocaine and two counts of money laundering.  At the guilty plea, Xeko admitted he agreed to distribute more than 110 pounds of marijuana and quantities of cocaine in the Cedar Rapids area between 2011 and 2016.  Xeko also admitted he conspired to commit money laundering and used money he acquired from selling drugs to purchase an SUV that cost more than $50,000. 

Xeko was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Xeko was sentenced to 71 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.

Gregory Sills, age 45, from Concrete, Washington, received the prison term after a November 30, 2017, guilty plea to one count of conspiracy to distribute marijuana.  At the guilty plea, Sills admitted he agreed to distribute more than 110 pounds of marijuana and quantities of cocaine in the Cedar Rapids area between 2011 and 2016.  Sills got the marijuana he was selling from Xeko.

Sills was also sentenced in Cedar Rapids by United States District Court Judge Reade.  Sills was sentenced to 57 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.

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

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

The case file number is 17-CR-00063.

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A Guatemalan man who had been deported three times, illegally returned to the United States, and then used false identification documents to obtain a job was sentenced May 8, 2018, to six months in federal prison.

Sebastian Batz-Mejia, age 27, a citizen of Guatemala illegally present in the United States and residing in Postville, Iowa, received the prison term after a March 14, 2018, guilty plea to one count of unlawful use of identification documents and one count of illegal reentry into the United States.

At the guilty plea, Batz-Mejia admitted that he illegally returned to the United States after being deported in June 2011, September 2014, and again in October 2014.  Batz-Mejia also admitted that on September 13, 2017, he used a social security card bearing an alias name when completing employment forms to obtain a job in Postville, Iowa.  The alias name and social security account number on the card used by Batz-Mejia belonged to a United States citizen.  Immigration agents became aware of Batz-Mejia’s illegal return to the United States on February 14, 2018, following Batz-Mejia’s arrest under a different alias name in Allamakee County, Iowa, for operating a motor vehicle while intoxicated (OWI). 

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

Batz-Mejia 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 18-CR-1004.

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Two man who sold counterfeit carfentanil pills have pled guilty in federal court in Cedar Rapids.

Cameron James Lensmeyer, age 20, from Waverly, Iowa, was convicted of possession with intent to distribute carfentanil and marijuana.  Evan Paul Sage, age 20, from Waverly, Iowa, was convicted of possession with intent to distribute carfentanil, cocaine, and marijuana, and possession of a firearm in furtherance of a drug trafficking crime.

In a plea agreement, Lensmeyer admitted that he and Sage purchased hundreds of purported prescription pills, including purported oxycodone and alprazolam pills, through a “dark web” marketplace.  Evidence at an earlier hearing showed that, during a search of Lensmeyer’s and Sage’s shared Cedar Falls residence in June 2017, investigators seized over 800 blue pills that appeared to be prescription oxycodone pills (depicted below), over $20,000 in cash, over 30 grams of cocaine, over 600 grams of marijuana, and a loaded .32 caliber handgun.  Later testing determined that most of the blue pills contained carfentanil, while a smaller amount contained another synthetic fentanyl called cyclopropyl fentanyl.  Carfentanil is a powerful narcotic that is 10,000 times more potent than morphine and 100 times more potent than fentanyl.  It is not approved for human use, but is used as an elephant tranquilizer.

United States Attorney Peter E. Deegan, Jr. stated, “Counterfeit prescription pills have become all too common.  A pill may look like a prescription drug, but unless it was prescribed by a legitimate health care provider, looks can be deceiving.”  Deegan added, “Pills purchased off the Internet or from the street often contain drugs far more powerful and dangerous than the purchaser may realize.  These pills can kill.”

Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared.  Lensmeyer and Sage remain in custody of the United States Marshal pending sentencing.  On the drug charge, each man faces a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, a $100 special assessment, and up to a lifetime of supervised release following any imprisonment.  Sage also faces a mandatory minimum sentence of five years’ imprisonment, consecutive to any term of imprisonment on the drug count, and a possible maximum sentence of life imprisonment, a $250,000 fine, $100 special assessment, and up to 5 years of supervised release.

The case is being investigated by the Tri‑County Drug Enforcement Task Force and is being prosecuted by Assistant United States Attorney Dan Chatham.

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

The case file number is 18-CR-2004-LRR.

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A man who attempted to rob the Freedom Bank in Monona, Iowa, was sentenced today to 3 years in federal prison.

Tyler Koehler, age 21, from Monona, Iowa, received the prison term after a November 16, 2017 guilty plea to attempted bank robbery.

At the guilty plea, Koehler admitted he attempted to rob the Freedom Bank in Monona on June 9, 2017.  Information presented at his sentencing hearing showed that Koehler passed multiple notes to the teller at the bank’s drive-up window.  Each note threatened to “blow this place up” unless the teller gave Koehler cash.  The third note Koehler passed demanded $100,000.  The teller stalled him until police arrived and took him into custody.  Koehler has multiple prior convictions for disorderly conduct in Wisconsin and Georgia. 

Koehler was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Koehler was sentenced to 36 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. Koehler 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 Federal Bureau of Investigation, the Monona Police Department, and the Clayton County Sheriff’s Office. 

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

The case file number is 17-cr-1023.  Follow us on Twitter @USAO_NDIA.

A convicted felon who discarded a handgun while intoxicated and fleeing from police was sentenced April 26, 2018, to two years in federal prison.

Rahkeem Threex Lewis-Williams, age 26, from Waterloo, Iowa, received the prison term after a December 7, 2017, guilty plea to possession of a firearm by a felon.

Evidence at the sentencing hearing established that on August 19, 2017, a Waterloo police officer attempted to stop Lewis-Williams for driving a dirt bike without a license plate.  Lewis-Williams fled from the officer and crashed his dirt bike into a fence near Lincoln Elementary.  Lewis-Williams then discarded a handgun and fled on foot into a nearby house.  Officers surrounded the house and Lewis-Williams eventually left the house and surrendered.  After officers arrested Lewis-Williams and placed him in a squad car, Lewis-Williams freed one of his hands from the cuffs and escaped the car.  He then ran into another house where officers again arrested him.  Officers later discovered that Lewis-Williams was under the influence of cocaine, marijuana, and alcohol.

Lewis-Williams was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand.  Lewis-Williams was sentenced to 24 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.

Lewis-Williams 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 Waterloo Police Department, Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. 

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

The case file number is 17-CR-92-LTS.

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Three Waterloo men who were distributing cocaine and crack cocaine were convicted by a jury on April 27, 2018, after a five-day trial in federal court in Cedar Rapids.

Alston Campbell, Sr., age 64, and his two sons, Alston Campbell, Jr., age 34, and William Campbell, age 43, all from Waterloo, Iowa, were convicted of conspiracy to distribute cocaine and crack cocaine.  Alston Campbell, Sr. was also convicted of distributing crack cocaine.  Alston Campbell, Jr. was also convicted of one count possession of cocaine with the intent to distribute.  William Campbell was also convicted of one count of distributing crack cocaine and one count of distributing cocaine.  The verdicts were returned following about six hours of jury deliberations.

The evidence at trial showed that the father and sons were working together with others to distribute cocaine and crack cocaine in the Waterloo area.  Evidence showed that both the DEA and FBI did multiple wiretaps on phones being used to communicate about the drug trafficking.  From these wiretaps, law enforcement determined that the Campbells and others were bringing pounds of cocaine into Iowa from out of state and then selling the cocaine as both powder and crack cocaine in Waterloo. 

Sentencings before United States District Court Judge Linda R. Reade will be set after a presentence reports are prepared.  Alston Campbell, Sr. was taken into custody by the United States Marshal after the verdict was returned and will remain in custody pending sentencing.  Alston Campbell, Jr. and William Campbell were previously detained and remain in the custody of the United States Marshal.  Alston Campbell, Sr. and William Campbell face a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life imprisonment, a $20,000,000 fine, and 10 years of supervised release following any imprisonment. Alston Campbell, Jr. faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and 5 years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorneys Emily K. Nydle and Rich Murphy and was 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. 

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

The case file number is 17-cr-2045.

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A Waterloo man who brandished a stolen firearm at the mother of his child was sentenced yesterday to more than 57 months in federal prison.

Terrance Durell Sayles, age 27, from Waterloo, Iowa, received the prison term after November 28, 2017, guilty pleas to two federal crimes, specifically possession of a firearm by a felon and possession of a stolen firearm.  At his plea hearing, Sayles admitted he knowingly possessed a stolen firearm on July 28, 2017, in Waterloo.  Evidence at Sayles’s sentencing hearing established that, during an argument between Sayles and the mother of his child about the care of their son, Sayles brandished the firearm.  The firearm was loaded and chambered at the time.  Officers later apprehended Sayles and found 30 grams of marijuana wrapped in two bandanas in his right front pocket.

At the time Sayles possessed his stolen firearm, he was a convicted felon.  Sayles had prior convictions for carrying weapons, possession of a firearm by a felon, possession of cocaine with intent to deliver while in possession of a firearm, and possession of marijuana with intent to deliver while in possession of a firearm.  Sayles also had prior adjudications for willful injury causing bodily injury, assault, interference with official acts, assault causing bodily injury, harassment of a public official, and possession of a controlled substance with intent to deliver.  Sayles received the willful injury causing bodily injury adjudication after hitting another person in the head with a hammer.  The assault causing bodily injury adjudication resulted from an incident in which Sayles tripped another person and struck and kicked him several times.

Sayles was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand.  Sayles was sentenced to 57 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.

Sayles 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 Timothy L. Vavricek and investigated by the Waterloo Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. 

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

The case file number is 17-CR-2073-LTS.

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Two 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 this week.

Pedro Alvarez Rodriguez, age 36, and Dunieski Santana Moreno, age 27, residents of Florida, were both sentenced to more than three years in federal prison after guilty pleas to conspiracy to commit access device fraud and aggravated identity theft. 

According to plea agreements and other information presented in court, Alvarez Rodriguez and Santana Moreno drove across the state of Iowa with a third person, Liliany de Armas Mena, 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 keeping individual transactions under $100, moving across county borders to stay ahead of authorities, and using account numbers “skimmed” within the state of Iowa.  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. 

Alvarez Rodriguez and Santana Moreno were sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand.  Alvarez Rodriguez was sentenced to 42 months’ imprisonment and Santana Moreno was sentenced to 40 months’ imprisonment.  Both were ordered to make $5,655.08 in joint and several restitution to victims.  Each must also serve a three-year term of supervised release after the prison term.  Liliany de Armas Mena, who has pleaded guilty to the same offenses, is scheduled to be sentenced on May 30, 2018.  There is no parole in the federal system.

In sentencing Alvarez Rodriguez and Santana Moreno, Chief Judge Strand commented that the defendants were parasites motivated by greed, who made their livings off theft and stealing others’ hard-earned money.

Both men 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 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 man who led Cedar County area police on a ten-minute pursuit was sentenced on April 26, 2018, to more than 3 years in federal prison for possessing a gun that was found in the car after the police chase.

Butchie Poole, age 38, from Waverly, Iowa, received the prison term after a December 1, 2017, guilty plea to possession of a firearm by a felon.

At the guilty plea, Poole admitted that he possessed the firearm despite being a convicted felon.  At sentencing, the judge stated that it had viewed dash camera footage showing Poole fleeing from officers.  The judge noted that Poole was driving in excess of the speed limit, appeared to be under the influence of some substance, and that the pursuit ended only after officers had to physically force Poole’s car off the road.  After the pursuit ended, Poole got out of his car but was noncompliant as he was arrested at gunpoint.  The gun was found inside the car after Poole was arrested.   

Poole was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand.  Poole was sentenced to 37 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.

Poole 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 Cedar County Sheriff’s Office, the Tipton Police Department, and the Mechanicsville Police Department. 

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

The case file number is 17-CR-77.

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United States Attorney Peter E. Deegan, Jr. and law enforcement partners today highlighted the danger that counterfeit prescription pills pose to the community.  Opioid and prescription drug abuse is at an all-time high.  175 Americans die every day from drug overdoses.  Part of this epidemic is the increase in counterfeit pill purchases.  Pills being sold as oxycodone or other drugs over the Internet or from other sources have led to overdoses and deaths across the country and here in Iowa.

United States Attorney Deegan stated, “The opioid epidemic lowered American life expectancy in 2015 and 2016 for the first time in decades.”  Deegan added, “Heroin and prescription opioid abuse has taken a devastating toll on our community.  But we have also seen a rise in the prevalence of counterfeit prescription pills being sold on the Internet and on the street.  The public must be aware that while these pills may look like prescription drugs, looks can be deceiving.  These pills can be incredibly dangerous because they often contain drugs far more powerful and dangerous than the purchaser realizes.”

Counterfeit pills are incredibly dangerous because these pills often look exactly like prescription oxycodone in size, shape, color, and markings.  In other words, there is no way to tell whether a pill purchased illicitly on the internet or the street is actually oxycodone or a more powerful drug.  The picture below on the left is a picture of a legitimate oxycodone pill.  The picture on the right is a picture of a counterfeit oxycodone pill.                     

Pills being sold as oxycodone may not contain oxycodone.  Recently, pills that appear to be oxycodone have been found to contain fentanyl and carfentanil.  Fentanyl is a synthetic drug similar to heroin, but much more potent.  Carfentanil is a fentanyl analogue.  Fentanyl is 100 times more potent than morphine.  Carfentanil is 100 times more potent than fentanyl and 10,000 times more potent than morphine.  In 2016, synthetic opioids caused more overdose deaths than heroin. 

These counterfeit pills are also dangerous because users who believe that they are purchasing oxycodone will assume the pills are safe because they appear to be quality-controlled products of a heavily regulated prescription drug industry.  Instead, users may be putting powerful, unknown substances into their bodies, including fentanyl and carfentanil, which have been linked to overdose deaths across the country.

Fentanyl has caused the deaths of multiple people in Iowa over the last few years.  In July 2016, Max Julian Wright was sentenced to life in federal prison after being found guilty of distributing heroin and fentanyl that caused at least 6 overdoses in Cedar Rapids, including two deaths.  Fentanyl has also been linked to multiple overdoses and deaths in Dubuque. 

Unless prescription drugs are obtained from an authorized medical provider or pharmacy, the public should not consume or even handle these pills.  The synthetic opioids contained in them are lethal if consumed, but can also cause sickness and even death simply by being absorbed through the skin.  All Iowans are urged to only use prescription drugs prescribed to them by legitimate health care providers.

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A former Federal Firearms Licensee who unlawfully discharged a loaded firearm while under the influence of eight different controlled substances was sentenced, April 25, 2018, to more than three years in federal prison.

Shane Zellaha, 57, from Spencer, Iowa, received the prison term after an August 30, 2017, guilty plea to one count of being an unlawful user of controlled substances in possession of a firearm.

The government presented evidence that on January 26, 2017, Zellaha discharged a loaded firearm while under the influence of methamphetamine, amphetamines, cocaine, ecstasy, marijuana, opiates, oxycodone, and benzodiazepines.  Weeks later, Zellaha violated his state pretrial release by possessing an additional three firearms, ammunition, a baggie containing methamphetamine, and drug paraphernalia.  After being indicted federally, Zellaha was released despite the government’s objection. He violated his pretrial release by failing to remove contraband from his residence, providing a diluted urine sample, skipping a urinalysis examination, skipping a substance abuse evaluation, and failing to abide by radio frequency monitoring.  At the time of his arrest on the pretrial violations, United States Marshals Service deputies seized 2,400 rounds of ammunition from Zellaha’s possession.

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.

Zellaha was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Zellaha was sentenced to 37 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.

The case was prosecuted by Assistant United States Attorney Ajay J. Alexander and investigated by the Spencer 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-4013-MWB.

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A convicted felon who illegally possessed a firearm while violating a no contact order was sentenced April 25, 2018, to eight years in federal prison.

Eric Brown, age 38, of Mason City, Iowa, received the prison term after a September 28, 2017, guilty plea to one count of possession of a firearm by a felon.

According to the plea agreement and other evidence presented in court, Brown was arrested in the driveway of a home after the resident, with whom Brown had a no contact order, called for police assistance due to Brown knocking on the windows of the residence. When apprehended, Brown had a loaded .22 caliber Colt revolver concealed in his waistband.  Brown had previously been convicted of multiple felonies, including armed robbery, robbery, burglary, and attempted armed robbery in Cook County, Illinois.  

Brown was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand.  Brown was sentenced to 96 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.

Brown 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 Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Mason City Police Department. 

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

The case file number is 17-CR-3032.

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United States Attorney Peter E. Deegan, Jr. encourages the public to participate in the Drug Enforcement Administration’s National Prescription Drug Takeback Day.  The biannual event will be held from 10 a.m. to 2 p.m. on Saturday, April 28, 2018, at thousands of collection sites around the country, including over 50 here in the Northern District of Iowa. The event is an effort to rid homes of potentially dangerous expired, unused, and unwanted prescription drugs. 

United States Attorney Deegan stated, “Our country is in the midst of an opioid and prescription drug abuse epidemic.  Drug overdose is now the leading cause of death for Americans under age 50.”  Deegan added, “Our communities can help combat this epidemic by taking time to get rid of outdated unused prescription drugs.  The DEA’s National Takeback Initiative provides an anonymous and free opportunity to get rid of these unneeded pills.”

Last October, Americans turned in 456 tons (912,305 pounds) of prescription drugs at almost 5,500 sites operated by the DEA and more than 4,200 of its state and local law enforcement partners. Overall, in its 14 previous Take Back events, DEA and its partners have taken in over 9 million pounds—more than 4,500 tons—of pills. The disposal service is free and anonymous, no questions asked.  The DEA cannot accept liquids, needles, or sharps, only pills or patches.

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

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

Collection sites will be set up throughout communities nationwide.  To locate a collection site near you, go the DEA Office of Diversion Control website at https://www.deadiversion.usdoj.gov/drug_disposal/takeback where you can search by zip code, city, or state.  The service is free and anonymous.

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A man who manufactured counterfeit twenty dollar bills was sentenced today to two years in federal prison.

Victor Ineson, Jr., age 42, from Forest City, Iowa, received the prison term after a November 2, 2017, guilty plea to manufacturing counterfeit currency.

In a plea agreement, Ineson admitted he used chemicals to wash the ink off lower denomination bills and reprinted each side of the bill so that it appeared to be a $20 bill.  Ineson acknowledged that he spent some of the counterfeit currency at area businesses.  During the execution of a search warrant at Ineson’s residence in May 2017, law enforcement officers seized $335 in counterfeit currency.  

Ineson was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand.  Ineson was sentenced to 24 months’ imprisonment.  He was ordered to make $240 in restitution to area businesses.  He must also serve a two-year term of supervised release after the prison term.  There is no parole in the federal system.

Ineson 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 Forest City Police Department, the Britt Police Department, the Mason City Police Department, and the Clear Lake Police Department. 

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

The case file number is 17-CR-3042-LTS.

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A man who possessed a stolen gun, while also in the possession of marijuana and cocaine that he intended to sell, was sentenced today to more than six years in federal prison.

Abraham Johnson, Jr., age 27, from Cedar Rapids, Iowa, received the prison term after a January 2, 2018, guilty plea to possession of a firearm as a felon and drug user and possession of a firearm in furtherance of a felony drug trafficking crime.

In a plea agreement, Johnson admitted that, during a traffic stop in December 2016, police found marijuana, cocaine, and a revolver in Johnson’s backpack.  Johnson admitted that he knew the revolver was stolen.  Johnson acknowledged that he was going to sell the marijuana and cocaine, and that he carried the revolver to protect the drugs.  Johnson also admitted that he has a prior felony conviction for willful injury resulting in bodily injury, and that he was an unlawful user of marijuana.   

Johnson was sentenced in Cedar Rapids by Chief United States District Court Judge Leonard T. Strand.  Johnson was sentenced to 75 months’ imprisonment.  He must also serve a 2-year term of supervised release after the prison term.  There is no parole in the federal system.

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.

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

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

The case file number is 17-CR-93.

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In recognition of “Second Chance Month,” the United States Attorney’s Office for the Northern District of Iowa is collaborating with local partners to reduce recidivism by helping individuals leaving prison.  In a presidential proclamation, President Trump designated April 2018 as “Second Chance Month,” urging communities to raise awareness about crime prevention and providing those offenders who have served their time “an opportunity for an honest second chance.” 

The United States Attorney’s Office for the Northern District of Iowa has been deeply involved with many community partners in crime prevention and reentry efforts for the past several years.  Some recent initiatives surrounding “Second Chance Month” include:

• A partnership with the Sixth Judicial District Department of Correctional Services, Neighborhood Transportation Service, the RISE program, Cedar Rapids Police Department, the FBI, and neighborhood leaders, in which individuals coming from state prison into the Cedar Rapids area attend a mandatory gathering where they learn about resources available to them in the community as well as the consequences of continued criminal activity. 
   
• A partnership with the FBI and the State Training School, Iowa Department of Human Services, to meet with juvenile offenders at the Eldora State Training School.  During this meeting, these juveniles learn about resources available to them as they become adults.  They also learn about the unfortunate paths that some State Training School alum took, leading to lifelong interactions with the adult criminal justice system.  
   
• Hosting several recent “Reentry Simulations,” which provide participants an opportunity to “step inside the shoes” of someone being released from prison, to allow them to see the obstacles that exist in an ex-offender’s transition from prison back to the community.  Recent simulations included area employers, education professionals, treatment professionals, and community members.  

United States Attorney Peter Deegan indicated that the United States Attorney’s Office continues to be supportive of community reentry efforts, noting that, “Our number one goal as prosecutors is to increase public safety.  A successful transition from prison back to the community is a critical component in reducing recidivism and keeping our communities safe.”  Deegan encouraged community members and organizations to get involved, noting that “Second Chance Month provides a great opportunity for employers, local organizations, and community members to find out what role they can play in the effort to reduce recidivism and provide an opportunity for an honest second chance.”    

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CEDAR RAPIDS, IA – Opioid and prescription drug abuse is at an all-time high in the United States.  Part of the opioid epidemic facing the country is the prevalence of counterfeit pills being sold as prescription drugs over the Internet.  These pills often contain substances other than what is promised and lead to overdoses and deaths.

On April 26, 2018, at 10:00 a.m., the United States Attorney’s Office will hold a press conference to highlight and discuss the danger of these counterfeit pills.  U.S. Attorney Peter E. Deegan, Jr. will be present at the press conference along with law enforcement officials from other agencies.

Event Details

When:        Thursday, April 26, 2018

Where:      Cedar Rapids Federal Courthouse (United States Attorney’s Office), 111 7th Ave. SE

Time:         10:00 a.m.

A press release will be provided and interview opportunities will be available.  Please RSVP to Tony Morfitt at tony.morfitt@usdoj.gov if you plan to attend.

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A man who assaulted a woman with a firearm pled guilty on April 19, 2018, in federal court in Cedar Rapids.

Gage Ferdinand Skola, age 28, from Marion, Iowa, was convicted of one count of possessing a firearm as a felon.

At the plea hearing, Skola admitted he possessed a handgun in February 2018.  Evidence at an earlier hearing and court documents reflect that, on February 10, 2018, Marion Police responded to a call of a woman bleeding from the head.  The woman stated that she and her fiancée, Skola, had engaged in an argument that escalated throughout the day.  Skola then obtained a handgun and hit her in the back of the head with it.  The woman fled to a neighbor’s residence, and Skola followed her there shortly thereafter.  Skola then entered the neighbor’s residence, pointed a revolver at his fiancée, then at his own head, stating that there was going to be a “double homicide.”  One of the neighbors took the revolver from Skola, and Skola left the house.  Marion Police officers arrested Skola a few hours later when he returned to the neighbor’s house.  Skola later told officers that he drank an entire bottle of Fireball whiskey earlier in the day on February 10, and did not remember anything from the day after that.

Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared.  Skola remains in custody of the United States Marshal pending sentencing.  Skola faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, and 3 years of supervised release following any imprisonment.

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 investigated by the Marion Police Department and prosecuted by Assistant United States Attorney Dan Chatham.

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

The case file number is 18-CR-00007-LRR.

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A convicted felon and user of methamphetamine who unlawfully possessed a firearm pled guilty on April 17, 2018, in federal court in Sioux City.

Marc Gibbons, 29, from Sanborn, Iowa, was convicted of one count of possession of a firearm by a felon and unlawful user of a controlled substance.

On March 9, 2017, law enforcement officers observed Gibbons, who was on parole, driving a vehicle in which his sole passenger was a man suspected of burglarizing a residence and stealing seven firearms. Officers approached Gibbons and questioned him regarding the suspected burglar.  During the questioning, officers observed Gibbons in possession of drug paraphernalia, and informed him he would be taken into custody.  Prior to leaving the residence, Gibbons, who was wearing only a t-shirt and jeans, declined to take his jacket in spite of the cold weather.  Then, without warning, Gibbons bolted for the jackets, and began fumbling through them.  It was during this time that the officer observed what later turned out to be a.45 caliber handgun.  The handgun was one of the seven stolen firearms. 

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.

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Gibbons remains in custody of the United States Marshal pending sentencing.  Gibbons faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, and 5 years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Ajay J. Alexander and was investigated by the Osceola County Sheriff’s Office, Iowa Division of Narcotics Enforcement, Lyon County Sheriff’s Office, O’Brien County Sheriff’s Office, Spencer Police Department, Iowa Division of Criminal Investigations, and Bureau of Alcohol, Tobacco, Firearms, and Explosives. 

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

The case file number is 17-CR-4042-LTS.

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A man who received and possessed child pornography pled guilty on April 17, 2018, in federal court in Sioux City.

James Sorter, age 41, from Terril, Iowa, was convicted of one count of receipt and distribution of child pornography after a conviction for lascivious acts with child in the District Court for Linn County, Iowa.

In a plea agreement, Sorter admitted that between August 1, 2014, and May 31, 2017, in the Northern District of Iowa and elsewhere, he knowingly received and attempted to receive visual depictions of minors engaged in sexually explicit conduct, including a depiction involving a prepubescent minor or a minor that had not attained 12 years of age.  Sorter was previously convicted of lascivious acts with a child in the Iowa District Court for Linn County in 2005.

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Sorter remains in custody of the United States Marshal pending sentencing.  Sorter faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $250,000 fine, and 5 years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Timothy T. Duax and was investigated by Iowa Department of Public Safety, Division of Criminal Investigations (DCI). 

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

The case file number is CR17-4077.

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A convicted felon who possessed stolen firearms was sentenced today to two years in federal prison.

Joshua Glen Sargent, age 34, from Fayette, Iowa, received the prison term after a September 27, 2017, guilty plea to possession of a firearm by a felon.

Information at sentencing showed that Sargent possessed multiple firearms that had been stolen during burglaries in Lacrosse County, Wisconsin.  He sold two of these firearms to a person who did not know the firearms were stolen.  Law enforcement later seized these firearms.  During a search warrant at Sargent’s residence, law enforcement officers recovered two additional stolen firearms.  Sargent had previously been convicted of theft in the second degree and going armed with intent, both felonies.  Sargent has also been previously convicted of violating a protective order and unlawfully possessing a weapon.

Sargent was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Sargent was sentenced to 24 months’ imprisonment.  He was ordered to make $1,100 in restitution to the person who bought the firearms from him.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

This case was brought as part of Project Safe Neighborhoods (PSN), 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.

Sargent 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 Fayette Police Department, the Fayette County Sheriff’s Office, and the Lacrosse County, Wisconsin, Sheriff’s Office. 

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

The case file number is 17-CR-02061.

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A Guatemalan man who unlawfully used fraudulent identification documents was sentenced April 17, 2018, to four months in federal prison.

Cesar Mendez-Chavez, age 26, a citizen of Guatemala illegally present in the United States and residing in Tama, Iowa, received the prison term after a February 12, 2018, guilty plea to three counts of unlawful use of identification documents.

Evidence in the case showed that on June 9, 2016, and June 13, 2016, Mendez-Chavez, an illegal alien, used a fraudulent social security card when completing employment forms to obtain jobs using an alias name in Tama and Northwood, Iowa.  Mendez-Chavez also used the social security card on February 12, 2012, to obtain employment in Postville, Iowa.  The social security account number on the card used by Mendez-Chavez was not his.  Mendez-Chavez falsely claimed to be a United States citizen on the employment forms. 

On January 26, 2018, Mendez-Chavez used a different social security card in applying for a State of Iowa Identification Card using a different alias name in Tama, Iowa.  The social security account number and name on the social security card used by Mendez-Chavez belonged to a real United States citizen.  Mendez-Chavez also used a fraudulent birth certificate in that alias name as proof of identity.  These documents were seized by the Iowa Department of Transportation.

On January 31, 2018, Mendez-Chavez was arrested by immigration officers at his place of employment in Tama, Iowa, where he worked under an alias.

Mendez-Chavez was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Mendez-Chavez was sentenced to four 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.

Mendez-Chavez 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, and the Iowa Department of Transportation.

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

The case file number is 18-CR-04-LRR.

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A Guatemalan man who illegally returned to the United States was sentenced April 17, 2018, to almost three months in federal prison.

Vicente Raymundo-Lopez, age 51, a citizen of Guatemala illegally present in the United States and residing in Cedar Rapids, Iowa, received the prison term after a February 15, 2018, guilty plea to one count of illegal reentry into the United States.

At the guilty plea, Raymundo-Lopez admitted he had previously been deported from the United States on July 30, 2008, and that he illegally reentered the United States without the permission of the United States government.  On January 12, 2018, Raymundo-Lopez was found by immigration officers at the Linn County Jail in Cedar Rapids, Iowa, following his arrest for a traffic offense.  Raymundo-Lopez claimed to have illegally reentered the United States in 2012.

Raymundo-Lopez was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Raymundo-Lopez was sentenced to 83 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.  Raymundo-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-02-LRR.

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A Cedar Rapids man who sold over 100 pounds of marijuana was sentenced on April 17, 2018, to 23 months in federal prison.

Vichit Kho, age 37, from Cedar Rapids, Iowa, received the prison term after a December 6, 2017, guilty plea to one count of conspiracy to distribute marijuana and cocaine.  At the guilty plea, Kho admitted he agreed to distribute more than 110 pounds of marijuana and quantities of cocaine in the Cedar Rapids area between 2011 and 2016.

Kho was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Kho was sentenced to 23 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.

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

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

The case file number is 17-CR-00063.

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A Guatemalan man who illegally returned to the United States after having been deported following a felony conviction was sentenced today to 22 months’ in federal prison.

Benjamin Aguilar-Ramirez, age 35, a citizen of Guatemala illegally present in the United States and residing in Waterloo, Iowa, received the prison term after a January 11, 2018, guilty plea to one count of illegal reentry into the United States following a felony conviction. 

At the guilty plea, Aguilar-Ramirez, an illegal alien, admitted that he was deported from the United States on May 5, 2017, and that he illegally reentered the United States without the permission of the United States government.  Aguilar-Ramirez was previously convicted on March 8, 2017, in the United States District Court for the Northern District of Iowa of one count of unlawful use of identification documents and one count of misuse of a social security number, both felonies.  On the document fraud convictions, Aguilar-Ramirez was sentenced to 114 days’ imprisonment and a three-year term of supervised release.  On November 13, 2017, Aguilar-Ramirez was found by immigration officers at the Black Hawk County Jail in Waterloo, Iowa, following his arrest for violating a State of Iowa No Contact Order. 

Aguilar-Ramirez was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Aguilar-Ramirez was sentenced to 16 months’ imprisonment on the illegal reentry conviction.  Aguilar-Ramirez was also sentenced to 6 months’ imprisonment for violating the terms of his supervised release on the document fraud convictions.  The terms of imprisonment are to be served consecutively.  He must also serve a three-year term of supervised release on the illegal reentry conviction after the prison term.  There is no parole in the federal system.

Aguilar-Ramirez 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 numbers are 16-CR-2055-LRR and 17-CR-2089-LRR.

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A man who received child pornography was sentenced on April 12, 2018 to 15 years in federal prison. 

David Myers, age 54, from Greene, Iowa, received the sentence after a February 6, 2018 guilty plea to one count of receipt of child pornography.  At the plea hearing, Myers admitted that, between 2005 and 2014, he used the Internet to receive child pornography.  In a plea agreement, Myers admitted that, in 1998, he was convicted of three charges of sexual abuse in the third degree. 

Myers was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand.  Myers was sentenced to 180 months’ imprisonment.  A special assessment of $100 was imposed, and Myers must also serve a 5-year term of supervised release.  He must comply with all sex offender registration and public notification requirements. 

This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation, the Iowa Internet Crimes Against Children Task Force, the FBI Child Exploitation Task Force, and the Minnesota Bureau of Criminal Apprehension. 

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 17-2077. 

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A man who sold crack cocaine out of his Dubuque residence was sentenced today to more than 15 years in federal prison. 

Desmond Williams, age 30, from Dubuque, Iowa, received the prison term after an October 25, 2017, guilty plea to distribution of a controlled substance near a protected location.

In a plea agreement, Williams admitted selling crack cocaine from February 2016 through September 2016.  Some of the sales took place inside his home, which was located near multiple playgrounds.  At the sentencing hearing, the Court noted that Williams resided in the home with his then-girlfriend and a three-month old infant, during the time that he was selling drugs out of the home.  Williams has two prior felony drug convictions. 

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

Williams 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 Dubuque Drug Task Force, the Dubuque Police Department, and the Dubuque County Sheriff’s Office. 

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

The case file number is 16-CR-1046.

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A man who police stopped when he was riding his bicycle while in possession of more than 5 grams of methamphetamine that he intended to share with others was sentenced today to almost 6 years in federal prison.

Kenneth John Pena from Cedar Rapids, Iowa, received the prison term after a November 20, 2017, guilty plea to possession with intent to distribute methamphetamine.

In previous hearings, evidence showed that Pena was riding his bicycle in Cedar Rapids at 4:50 am without the proper lighting equipment.  Police officers stopped him and discovered Pena had an outstanding warrant for his arrest.  While officers were arresting him, they found methamphetamine, marijuana, pipes, and a scale in his possession.  Pena has a lengthy criminal history, including multiple prior convictions for assault or battery, a prior drug trafficking conviction in 1994, and a prior federal conviction for being a felon in possession of a firearm.

Pena was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Pena was sentenced to 71 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.

Pena is being held in the United States Marshal’s custody until he can be transported to a federal prison. The case was prosecuted by Assistant United States Attorney Emily K. Nydle and investigated by the Cedar Rapids Police Department.  Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 17-CR-30.

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Today, as the Department of Justice recognizes the 50th Anniversary of the Fair Housing Act, Attorney General Jeff Sessions announced the nationwide rollout of an initiative aimed at increasing awareness and reporting of sexual harassment in housing. The announcement includes an interagency task force between the Department of Housing and Urban Development (HUD) and the Justice Department to combat sexual harassment in housing, an outreach toolkit, and a public awareness campaign. This three-pronged approach will strengthen the Department’s efforts to combat sexual harassment in housing.

“Sexual harassment in housing is illegal, immoral, and unacceptable," said Attorney General Sessions. “It is all too common today, as too many landlords, managers, and their employees attempt to prey on vulnerable women. We will not hesitate to pursue these predators and enforce the law. In October, I ordered a new initiative to bring more of these cases, and we have already won relief for 15 victims. Today we announce three new steps to make the initiative more effective and to win more cases. I want to thank the dedicated and committed professionals in our Civil Rights Division and our partners in the Department of Housing and Urban Development for their hard work in this effort. We will continue to aggressively pursue harassers, because everyone has a right to be safe in their home.”

“All discrimination stains the very fabric of our nation, but HUD is especially focused on protecting the right of everyone to feel safe and secure in their homes, free from unwanted sexual harassment,” said Secretary Ben Carson. “No person should have to tolerate unwanted sexual advances in order to keep a roof over his or her head. Part of our mission at HUD is to provide safe housing and we will remain diligent in this mission to protect those we serve. I look forward to working with Attorney General Sessions and the Department of Justice as part of this task force to bring an end to this type of discrimination.”

“Everyone has the right to look for housing without having to fear sexual harassment and discrimination,” said United States Attorney Peter E. Deegan, Jr.  “Ensuring the citizens of Iowa have an opportunity to find safe housing is a priority for the Justice Department and this office.  I urge anyone who has experienced sexual harassment or discrimination to report it to authorities.” 

In October 2017, the Justice Department announced an initiative to combat sexual harassment in housing and launched pilot programs in D.C. and the Western District of Virginia. The initiative sought to increase the Department’s efforts to protect women from harassment by landlords, property managers, maintenance workers, security guards, and other employees and representatives of rental property owners. During the pilots, the Department developed and tested ways to better connect both with victims of sexual harassment in housing and with those organizations that victims may turn to first for help – including law enforcement, legal services providers, public housing authorities, sexual assault services providers, and shelters.  The Department also tested certain aspects of the initiative in other jurisdictions, including New Jersey, the Central District of California, Massachusetts, Vermont, and Michigan.

The two pilot programs generated an upswing in harassment reporting to the Department from both D.C. and the Western District of Virginia. In D.C., the Department generated six leads since the October 2017 launch. In Virginia, the Department generated three leads. While the Justice Department recognizes that leads and investigations do not always lead to enforcement actions, the pilot program’s results—when extrapolated across all the U.S. Attorney’s Offices across the country—could lead to hundreds of new reports of sexual harassment in housing across the country.  Because of these promising results, the Department is rolling out three major components to the Initiative.

First, the new HUD-DOJ Task Force to Combat Sexual Harassment in Housing will drive a shared strategy between the Department and HUD for combatting sexual harassment in housing across the country. It will focus on five key areas: continued data sharing and analysis, joint development of training, evaluation of public housing complaint mechanisms, coordination of public outreach and press strategy, and review of federal policies.

Second, the outreach toolkit is designed to leverage the Justice Department’s nationwide network of U.S. Attorney’s Offices. The toolkit provides templates, guidance, and checklists based on pilot program feedback. It ultimately will amplify available enforcement resources and help victims of sexual harassment connect with the Department.

Third, the public awareness campaign has three major components: a partnership package with relevant stakeholders, launch of a social media campaign, and Public Service Announcements (PSAs) run by individual U.S. Attorney’s offices. The campaign is specifically designed to raise awareness, and make it easier for victims all over the country to find resources and report harassment.

More information about the Civil Rights Division and the civil rights laws it enforces is available at www.usdoj.gov/crt. Individuals who believe that they may have been victims of sexual harassment in housing should call the Department at 1-844-380-6178, send an e-mail to fairhousing@usdoj.gov, or contact HUD at 1-800-669-9777.  If you have information or questions about any other housing discrimination, you can contact the Department at 1-800-896-7743.

Attached to this release are two PSAs recorded by United States Attorney Peter E. Deegan, Jr. 

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housing_psa_scripts_0.pdf

 

Audio file

 

Audio file

 

A Dubuque woman who possessed approximately 30 grams of ice methamphetamine and intended to distribute it to others was sentenced April 11, 2018, to 31 months in federal prison.

Ashley Ann Laufenberg, age 28, from Dubuque, Iowa, received the prison term after a November 6, 2017, guilty plea to possession with intent to distribute methamphetamine.  In a plea agreement, Laufenberg admitted she possessed about 2 grams of ice methamphetamine with the intent to distribute it while driving a car in Dubuque.  At the time, Laufenberg had a warrant for her arrest and law enforcement officers initiated a traffic stop on her car.  She unsuccessfully attempted to flee from officers by driving away during the traffic stop.  After she was caught, officers found more than $400, a bullet, and a cell phone on her person.  Officers at the jail also found 2 grams of methamphetamine on her person.  Laufenberg admitted to possessing and selling about 30 grams of ice methamphetamine.

Information at the sentencing hearing showed that Laufenberg’s criminal conduct escalated over time.  She was previously convicted of theft and possession of marijuana at ages 17 and 20 and assault while displaying a dangerous weapon at age 27.  Laufenberg was selling methamphetamine while on probation for possession of methamphetamine as a third offender, as well as while on probation for assault while displaying a dangerous weapon.  Laufenberg previously had a deferred judgment in state court revoked after she tried to stab a man with a knife.

Laufenberg was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand.  Laufenberg was sentenced to 31 months’ imprisonment.  She must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

Laufenberg 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 Timothy L. Vavricek and investigated by the Dubuque Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  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-1046-LTS.

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A woman who participated in a scheme to submit a fraudulent insurance claim when her boyfriend intentionally set fire to his vacant house was sentenced today to 12 years in federal prison.

Beth Galloway, age 42, from Camanche, Iowa, and formerly of Olin, received the prison term after a March 16, 2017, jury verdict finding her guilty of one count of mail fraud, one count of using fire to commit mail fraud, and money laundering.

The evidence at trial showed that, between Spring 2013 and Spring 2014, Galloway and her boyfriend, James Plower, made up and participated in a scheme to defraud Plower’s insurance company.  The evidence showed that Galloway twice drove a minor to Plower’s vacant home in Martelle, Iowa, to attempt to set fire to the home, but that both attempts failed.  Further evidence showed that Plower then deliberately set fire to his vacant home and submitted an insurance claim in which he falsely claimed the fire was accidental.  As a result of the fraudulent insurance claim, the insurance company mailed Plower a check for $66,497.46.  Evidence also showed that Galloway and Plower agreed to launder the proceeds from the fraudulent insurance claim in February and March of 2014 when the two agreed to take $10,000 of the proceeds from Plower’s bank account after learning that law enforcement was investigating the cause of the fire,.  They then gave the $10,000 to a friend to hold for them to prevent law enforcement from seizing the money.

Plower had previously pled guilty to charges of mail fraud and use of fire to commit mail fraud.  He also had previously been sentenced to 13 years’ in federal prison.

Galloway was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand.  Galloway was sentenced to 144 months’ imprisonment.  She was ordered to make $152,874.58 in restitution to the insurance company.  She must also serve a 2-year term of supervised release after the prison term.  There is no parole in the federal system

The case was prosecuted by Assistant United States Attorneys Ravi Narayan and Tony Morfitt and was investigated by the Iowa Division of Criminal Investigation, the United States Postal Inspection Service, the Iowa State Fire Marshal Division, and the Jones County Sheriff’s Department. 

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

The case file number is 16-CR-68.

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A man who mailed at least 45 pounds of methamphetamine from Phoenix, Arizona, to Dubuque, Iowa, was sentenced today to more than 15 years in federal prison.

Anthony Robert McCarron, age 38, originally from Dubuque, received the prison term after an October 30, 2017, guilty plea to conspiracy to distribute methamphetamine near a school and money laundering.

Evidence presented in court established that McCarron was living in Phoenix when he started shipping packages of “ice” methamphetamine to codefendant Derek Richard Rath in Dubuque.  McCarron mailed at least 45 pounds of methamphetamine into Iowa from July 2016 to July 2017.  Rath paid for the methamphetamine by shipping packages of cash to McCarron.  McCarron and Rath used aliases when shipping the drugs and money.

McCarron was sentenced in Cedar Rapids by Chief United States District Court Chief Judge Leonard T. Strand.  McCarron was sentenced to 190 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.  McCarron 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 Dubuque Drug Task Force, the Iowa Division of Narcotics Enforcement, 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-1042-LTS.

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

Tomas Perez-Cobo, age 34, a citizen of Guatemala residing in Cedar Rapids, Iowa, received the prison term after a January 31, 2018, guilty plea to one count of unlawful use of identification documents.

At the guilty plea, Perez-Cobo, an illegal alien, admitted that on August 13, 2017, he used a fraudulent social security card and a fraudulent permanent resident card when completing employment forms to obtain a job in Cedar Rapids, Iowa.  The social security account number and the immigration number on the cards used by Perez-Cobo were not his.  Earlier that year, on January 15, 2017, U.S. Border Patrol agents arrested Perez-Cobo and his minor child in Texas after they illegally entered the United States.  On January 16, 2017, Lopez-Morales was released pending immigration proceedings. 

Perez-Cobo was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand.  Perez-Cobo was sentenced to 98 days’ imprisonment.  He must also serve a two-year term of supervised release after the prison term.  There is no parole in the federal system.

Perez-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 17-CR-101-LTS.

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A felon who conspired to distribute over 100 pounds of methamphetamine and possessed a GSG, MP5, .22-caliber firearm to further the conspiracy pled guilty today, April 5, 2018, in federal court in Sioux City.

Robert “Bobby” Whitenack, 37, from Westside, Iowa, was convicted of one count of conspiracy to distribute methamphetamine and one count of possession of a firearm during and in furtherance of the methamphetamine conspiracy.

In a plea agreement, Whitenack admitted that from January 2014 through May 2017, he conspired to distribute over 100 pounds of methamphetamine.  Whitenack admitted that he made multiple trips to Denison, Iowa, and Omaha, Nebraska, to pick up pound-quantities of methamphetamine, and recruited at least four individuals to do the same.  Whitenack received or expected to receive compensation for every pound of methamphetamine sold by his recruits.  Whitenack admitted that, in January 2016, he directed a coconspirator to pick up approximately $10,000 in cash from a customer in Milford, Iowa, and bring it to Whitenack so that he could pay his source.  In February 2017, Whitenack admitted that he possessed a GSG, MP5, .22-caliber firearm to further the conspiracy. 

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.

Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared.  Whitenack remains in custody of the United States Marshal pending sentencing.  Whitenack faces a mandatory minimum sentence of 25 years’ imprisonment and a possible maximum sentence of life years’ imprisonment, a $20,000,000 fine, and 10 years of supervised release following any imprisonment.

The case is being prosecuted by Special Assistant United States Attorney

Ajay J. Alexander and was investigated by the Iowa Division of Narcotics Enforcement, Iowa Division of Criminal Investigations, DEA Tri-State Drug Task Force, Crawford County Sheriff’s Office, Denison Police Department, Carroll County Sheriff’s Office, and Carroll Police Department. 

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

The case file number is 17-CR-3020-LTS.

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A woman who conspired to distribute methamphetamine was sentenced, April 3, 2018, to ten years in federal prison.

Alauna Gaye Morris, 58, from Spencer, Iowa, received the prison term after a September 8, 2017, guilty plea to one count of conspiracy to distribute methamphetamine.

During prior court proceedings, the government presented evidence that on September 8, 2016, law enforcement arrested Morris on a statewide warrant for an unrelated matter.  After executing search warrants on her residence and vehicle, officers seized close to 200 grams of actual (pure) methamphetamine, $10,108.82 in cash, a digital scale, and multiple electronic devices.   

At sentencing, the government presented evidence that, during the course of the conspiracy, two co-conspirators reached an agreement with Morris in which they would pay $50,000 for ten pounds of methamphetamine.  Morris intended to recruit family members out of Utah to manufacture the ten-pound quantity.

Morris was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand.  Morris was sentenced to 120 months’ imprisonment.  A special assessment of $100 was imposed.  She must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.

Morris 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 Ajay J. Alexander and investigated by the Iowa Great Lakes Drug Task Force, including the Clay County Sheriff’s Office, O’Brien County Sheriff’s Office, and the Department of Criminal Investigations.

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

The case file number is 16-CR-4096-LTS.

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A man who sold crack cocaine and had a shotgun in his house was sentenced today to more than a year in federal prison.

Johnston Phillips, age 64, from Waterloo, Iowa, received the prison term after an October 30, 2017, guilty plea to distribution of crack cocaine.  At the guilty plea, Phillips admitted that he sold crack cocaine on March 14, 2017.  During a search warrant at Phillips house a week later, law enforcement recovered a Mossberg shotgun.  Phillips’ residence was also being used by other crack cocaine dealers to make sales.  Phillips had previously been convicted of possession of crack cocaine and forgery in state court.

Phillips was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Phillips was sentenced to 14 months’ imprisonment.  He must also serve a 6-year term of supervised release after the prison term.  There is no parole in the federal system.

Phillips 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. 

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

The case file number is 17-cr-2050. 

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A convicted felon who unlawfully possessed ammunition was sentenced today to more than two years in federal prison.

Donald Joseph Boyce, age 59, from Guttenberg, Iowa, received the prison term after a September 5, 2017, guilty plea to possession of ammunition by a felon.  At the guilty plea, Boyce admitted that on March 28, 2017, he possessed .303 caliber ammunition.  Boyce had previously been convicted of a state felony drug manufacturing offense in 2002 and the federal felony offense of being an unlawful drug user in possession of a firearm in 2003.  Officers from the Clayton County Sheriff’s Office found the ammunition in Boyce’s car during a traffic stop.  They also located an Enfield .303 caliber rifle in the backseat.  Boyce asked the officers to throw the gun in the river because he was felon and would be facing significant jail time.  Boyce had methamphetamine in his pocket and was under the influence of a controlled substance at the time of his traffic stop.

Boyce was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  Boyce was sentenced to 30 months’ imprisonment.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

This case was brought as part of Project Safe Neighborhoods (PSN), 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.

Boyce 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 Clayton County Sheriff’s Department and the Bureau of Alcohol, Tobacco, and Firearms. 

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

The case file number is 17-cr-1019.

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A Linn County man who unlawfully possessed a rifle as a domestic violence misdemeanant was sentenced March 28, 2018, to more than two years in federal prison.

Nathan Lee Lyon, age 33, from Cedar Rapids, Iowa, received the prison term after a November 9, 2017, guilty plea to possession of a firearm by a prohibited person.  At the guilty plea, Lyon admitted that on May 10, 2017, he unlawfully possessed a rifle.  Lyon had previously been convicted of assault causing bodily injury, a misdemeanor crime of domestic violence.  Information at sentencing established that Lyon was driving a stolen a truck on May 10 when police officers stopped him.  Lyon had placed the stolen firearm in the back of the truck.  The firearm had been stolen from another person other than the owner of the truck. 

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

This case was brought as part of Project Safe Neighborhoods (PSN), 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.

Lyon 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 Cedar Rapids Police Department, Linn County Sheriff’s Office, Scott County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

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

The case file number is 17-CR-75.

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A convicted sex offender who lived in Iowa for three weeks without registering was sentenced today to more than a year in federal prison.

Lucas Hertrampf, age 30, from Lancaster, Wisconsin, received the prison term after a December 1, 2017, guilty plea to failing to register as a sex offender.

Information from the sentencing hearing showed that Hertrampf was required to register as a sex offender because he was previously convicted of sexual assault involving the use of force.  While still on probation for that conviction, Hertrampf had his supervision revoked seven times.  In April 2017, Hertrampf was charged with stealing a car in Grant County, Wisconsin.  He was scheduled to appear in court on that charge on June 26.  Hertrampf failed to appear for that hearing.  Instead, law enforcement found Hertrampf in Clayton County, Iowa, on June 29.  Hertrampf had been living in Iowa for three weeks.  During that time, he did not register as a sex offender as he was required to do.

Hertrampf was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand.  Hertrampf was sentenced to 15 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.  Hertrampf is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the United States Marshal’s Service and the Clayton County Sheriff’s Office.  Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 17-cr-57.

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A man who trafficked ice methamphetamine for months in 2015 was sentenced on March 26, 2018, to more than 12 years in federal prison.

Jason Nauman, age 36, from Marshalltown, Iowa, received the prison term after a December 5, 2017, guilty plea to conspiracy to distribute methamphetamine.

At the plea hearing, Nauman admitted that he agreed with others to traffic methamphetamine between the spring and fall of 2015.  Information at sentencing showed that during this time, Nauman trafficked more than 3 pounds of ice methamphetamine. 

Nauman was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade.  He was sentenced to 150 months’ imprisonment.  Nauman must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.  Nauman 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 Patrick Reinert and Ravi Narayan.  The case was investigated by the Drug Enforcement Administration and the Marshall County Sheriff’s Office.  Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 17-CR-85.

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