Northern District of Iowa

United States Attorneys Kevin W. Techau and Nicholas A. Klinefeldt of the Northern and Southern Districts of Iowa, respectively, announced today that Daniel Tvedt and Virginia Bruner will lead the efforts of their Offices in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 4, 2014, general elections.  These Assistant United States Attorneys have been appointed to serve as District Election Officers for the Northern and Southern Districts of Iowa, and in that capacity are responsible for overseeing the handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.

United States Attorney Klinefeldt said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud.  The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”

The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur.  The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.

Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them.  For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law.  Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.

United States Attorney Techau said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate.  The franchise is the cornerstone of American democracy.  We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice.  It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”

 In order to respond to complaints of election fraud or voting rights abuses on November 4, 2014, and to ensure that such complaints are directed to the appropriate authorities, United States Attorneys Techau and Klinefeldt stated that District Election Officers will be on duty while the polls are open.  They can be reached by the public at the following telephone numbers: (319) 363-6333 (Cedar Rapids) and (515) 473-9300 (Des Moines).

In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day.  The local FBI field office can be reached by the public at (319) 366-2461 (Cedar Rapids) or (515) 223-4278 (Des Moines).

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to voting.section@usdoj.gov or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.

A Sioux City man was sentenced October 24, 2014, to 10 years in federal prison, and a Sioux City woman was also sentenced on October 24, 2014, to 5 years in federal prison. 

Craig Barclay, age 34, from Sioux City, received his prison term after a February 27, 2014, guilty plea to conspiracy to distribute methamphetamine.

Sarah Berg, age 33, from Sioux City, received her prison term after a May 5, 2014, guilty plea to one count of conspiracy to interfere with commerce by robbery, one count of interfering with commerce by robbery, one count of carjacking, and one count of transporting a stolen vehicle interstate.

Evidence presented at the Jamal and Levon Dean trial revealed on April 15, 2013, Sarah Berg took the Deans along as muscle to an encounter with Jeffery Rollinger (who at the time of the robbery was a drug dealer).  As soon as they arrived at Rollinger’s location he was robbed at gunpoint of his illegal drugs and other property and carjacked.  In a second robbery committed on April 24, 2013, Jamal and Levon Dean robbed Craig Barclay at gunpoint stealing illegal drugs and other property from Barclay, who at the time of the robbery was a drug dealer.

The October 24, sentencings were punishment for Berg’s role in the April 15 offense and Barclay’s drug trafficking. 

Barclay and Berg were sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Barclay was sentenced to 120 months’ imprisonment.  A special assessment of $100 was imposed.  Berg was sentenced to 60 months’ imprisonment.  A special assessment of $400 was imposed.  Barclay must also serve a five-year term of supervised release after the prison term and Berg must serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number for Barclay is 13-4106 and the case file number for Berg is 13-4082.

The case is part of Project Safe Neighborhoods, a cooperative local, state, and federal program aimed at the enhanced prosecution of gun and violent crimes.  The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the United States Marshal’s Service, the Iowa Department of Public Safety, the Tri State Drug Task Force, the Texas Department of Public Safety, the Sioux City, Iowa Police Department, the South Sioux City, Nebraska Police Department, the Woodbury County (Iowa) Attorney’s Office, the Dakota County (Nebraska) Attorney’s Office, the Nebraska State Patrol, the Dakota County (Nebraska) Sheriff’s Office and the Woodbury County (Iowa) Sheriff’s Office.  The case was prosecuted by Assistant United States Attorney Forde Fairchild.

A man who committed multiple frauds was convicted by a jury October 23, 2014, after a three-day trial in federal court in Sioux City.

Yoirlan Tome Rojas, age, from Storm Lake, Iowa, was convicted of two counts of using a counterfeit access device; one count of possession of fifteen or more counterfeit access devices; one count of money laundering; and two counts of aggravated identity theft.  The verdict was returned following about one hour of jury deliberations.

The evidence at trial showed that Rojas manufactured credit cards and utilized those cards to conduct purchases at Walmart and various other places of business in the Storm Lake, Iowa, area.  Rojas would use the manufactured credit cards to purchase gift cards to later use to make “legitimate” purchases.  At least two of the cards Rojas utilized belonged to individuals who reported unauthorized use of their credit cards. 

Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared.  Rojas remains in custody of the United States Marshal pending sentencing.  On all of the charges, Rojas faces a possible maximum sentence of 10 years’ imprisonment, a $500,000 fine, $600 in special assessments, and up to three years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Jamie Bowers and was investigated by the Storm Lake Iowa Police Department and the United States Secret Service. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-4015.

William B. Aossey, Jr., 73, of Cedar Rapids, Iowa, has been charged with one count of conspiracy to make false statements, sell misbranded meat, and commit mail and wire fraud; seven counts of making or causing false statements to be made on export applications; seven counts of wire fraud; three counts of money laundering; and one count of conspiracy to commit money laundering.  The charges are contained in an Indictment filed last evening in United States District Court in Cedar Rapids.  The indictment also contains two forfeiture allegations for proceeds and property involved in some of the offenses.

The conspiracy charge is punishable by up to five years imprisonment; each count of making a false statement on an export application is punishable by up to three years imprisonment; each count of wire fraud is punishable by up to twenty years imprisonment; and each count of money laundering, including the money laundering conspiracy, is punishable by up to twenty years imprisonment.  A fine of up to $250,000 may also be imposed on each count, along with a term of supervised release.
           
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.

The case is being prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by the Department of Agriculture Office of Inspector General, and the Internal Revenue Service.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-00116-LRR.

A man who was arrested after a six-hour stand-off with the U.S. Marshal’s Service was sentenced on October 20, 2014 on his tenth felony drug conviction to more than 30 years in federal prison.

Brandon Thompson, 44, from Iowa City, Iowa, received the prison term after a June 16, 2014 guilty plea to possession with intent to deliver 500 grams or more of methamphetamine after a prior felony drug offense.

At the guilty plea, Thompson admitted he possessed the methamphetamine and intended to distribute it to another person.  Information disclosed at the plea and sentencing hearings indicates that Thompson was arrested in North English, Iowa, in March 2013, in a vehicle that contained pounds of nearly 100-percent pure methamphetamine, almost $10,000 in cash, and a stun-gun that was disguised as a cellular phone.   

Thompson was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Thompson was sentenced to 380 months’ imprisonment.  A special assessment of $100 was imposed. He must also serve a 10-year term of supervised release after the prison term.  There is no parole in the federal system.

Thompson’s sentence was increased based on his extensive criminal history, which included nine prior felony drug convictions, along with convictions for burglary, being armed with a dangerous concealed weapon, theft, eluding, and others.  Chief Judge Reade also discussed Thompson’s history of escaping from custody, the most recent of which ended with a six-hour long standoff with the U.S. Marshal’s Service and other law enforcement agencies at an Iowa City area motel on March 25, 2014.  Thompson refused to surrender and was forced out of the motel room with tear gas. 

Thompson 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; the Iowa City Police Department; the Clinton Police Department; the Iowa Division of Narcotics Enforcement; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Sixth Judicial District Department of Correctional Services; and the Iowa National Guard.  The DEA Task Force was assisted by the United States Marshal’s Service.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/ login.pl.  The case file number is 14-CR-12.

Federal law enforcement officials are seeking information regarding the location of two persons who have been charged with federal drug, money laundering, and gambling offenses.

The public’s assistance is being sought in the apprehension of Melissa Al Sharairei (also known as Melissa Schermerhorn), age 35, and her husband, Mohammad Al Sharairei, age 33, both of whom were last known to live in Pueblo, Colorado.  Federal warrants have been issued for their arrests due to their failures to appear for court proceedings in the United States District Court for the Northern District of Iowa on October 20, 2014.  According to court records, the two have been charged with maintaining a premises for the distribution of controlled substance analogues, money laundering, and conducting an illegal gambling business.

Anyone with information as to the whereabouts of the Al Sharaireis should call the United States Marshals Service at (319) 362-4411.

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

A former attorney who defrauded over a dozen clients pled guilty today in federal court in Cedar Rapids.

Susan Hense, 54, from Cedar Rapids, Iowa, was convicted of one count of wire fraud.

In a plea agreement, Hense admitted that she knowingly made up a scheme to defraud the clients of her law firm, Hense Law PLC, and to obtain money from her clients under false pretenses and promises.  Hense admitted that she falsely represented to her clients that money belonging to them would be held in trust on their behalf in a bank account when, in fact, Hense intended to steal at least a portion of the clients’ money.  Hense further admitted that over a three year period, she stole and misappropriated at least $837,011.31 in client funds.  Hense has since been disbarred and can no longer practice law in Iowa. 

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Hense remains free on conditions of release set by the court pending sentencing.  Hense faces a possible maximum sentence of 20 years’ imprisonment, a fine, $100 in special assessments, and three years of supervised release following any imprisonment.  Hense has also agreed to pay restitution to the victims of her offense.

The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Cedar Rapids Police Department. 

Court file information is available at https://ecf.iand.uscourts.gov.  The case file number is 14-CR-109.

A man who possessed child pornography was sentenced today to over 16 years in federal prison.

Jeremiah Romo, age 21, of Aplington, Iowa, received the sentence after a May 27, 2014, guilty plea to one count of possession of child pornography.  At the plea hearing, Romo admitted that he possessed child pornography, including one or more depictions of prepubescent children.  He also admitted that, in 2008, he was adjudicated delinquent for sexual abuse in the second degree.

Romo was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Romo was sentenced to 200 months’ imprisonment.  A special assessment of $100 was imposed, and Romo must also serve a 20-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 Butler County Sheriff’s Office, and the Champaign County, Illinois, Sheriff’s Office.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 14-3011.

A man who distributed child pornography was sentenced October 16, 2014, to 35 years in federal prison.

Jamison Miller, age 41, of Mason City, Iowa, received the sentence after a July 3, 2014, guilty plea to one count of distribution of child pornography.  At the plea hearing, Miller admitted that, between September 2012 and April 2013, he distributed child pornography.  In 2000, Miller was convicted of possession of child pornography.

Miller was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Miller was sentenced to 420 months’ imprisonment.  A special assessment of $100 was imposed, and Miller must also serve a 20-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 U.S. Marshals Service, and the Federal Bureau of Investigation.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 14-3010.

A man who robbed two downtown Cedar Rapids banks while he was on federal and state parole for prior bank robbery convictions was sentenced today to more than nineteen years in federal prison.

Jeffrey Haydock, 58, from Watertown, Wisconsin, received the prison term after a June 13, 2014, guilty plea to two counts of bank robbery with a dangerous weapon.    
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At the guilty plea, Haydock admitted he robbed the First Federal Credit Union on July 30, 2009, and the Linn Area Credit Union on February 17, 2010.  Haydock further admitted that he was armed with what appeared to be a gun during each robbery.  In a plea agreement, Haydock also admitted he robbed the First Federal Credit Union for a second time on November 12, 2009.  At the time of the robberies, Haydock was on parole for both a 1986 federal conviction for bank robbery and a 1986 conviction in Wisconsin for multiple bank robberies.

Haydock was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Haydock was sentenced to 235 months’ imprisonment.  A special assessment of $200 was imposed and he was ordered to make restitution to the banks.  He must also serve a five-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 Anthony Morfitt and was investigated by the Cedar Rapids Police Department and the Federal Bureau of Investigation.

Court file information is available at https://ecf.iand.uscourts.gov.  The case file number is 14-CR-0047.

A man who distributed heroin to an individual who died from using the heroin was sentenced today to more than 11 years in federal prison.

Austin Allen Martens, age 24, from Cedar Rapids, received the prison term after a July 28, 2014, guilty plea to distributing heroin.

In a plea agreement, Martens admitted that he distributed $80 worth of heroin to another individual in March 2013.  The purchaser was found deceased the next day, having overdosed after using the heroin distributed by Martens.

Martens was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Martens was sentenced to 135 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a five-year term of supervised release after the prison term.  There is no parole in the federal system.

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

The case is being prosecuted by Assistant United States Attorney Dan Chatham and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration (DEA) Task Force consisting of the DEA, the Linn County Sheriff's Office, the Cedar Rapids Police Department, the Marion Police Department, the Iowa Division of Narcotics Enforcement, and the Sixth Judicial District Department of Correctional Services. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR14-40-1-LRR.

United States Attorney Kevin W. Techau announced today that Iowa officials have been provided with guidance to help ensure voting equality for people with disabilities.  The Justice Department recently published a new technical assistance publication about federal laws that protect the rights of voters with disabilities, including the Americans with Disabilities Act, the Voting Rights Act, the National Voter Registration Act and the Help America Vote Act.  The publication, “The Americans with Disabilities Act & Other Federal Laws Protecting the Rights of Voters with Disabilities,” is intended to help election officials, poll workers and voters understand how the ADA and other federal laws ensure equality in the voting process for people with disabilities.  Last week, Mr. Techau provided the new publication to all county auditors in the Northern District of Iowa.

“Our goal is to ensure there are no inaccessible polling places or voting equipment anywhere in the Northern District of Iowa,” said Mr. Techau. “I am hopeful this new guidance will help secure voting equality for all Iowans.”

“The right to vote is the foundation upon which our country is built,” said Acting Assistant Attorney General Molly Moran for the Civil Rights Division.  “For too long in our history, many people with disabilities have been excluded from exercising this fundamental right and have been prevented from being a full participant in our democracy.  A number of federal civil rights laws, including the Americans with Disabilities Act and the Voting Rights Act, have been put in place to address fairness in the voting process for people with disabilities.  The Justice Department is fully committed to enforcing these laws to ensure that voters with disabilities are no longer discriminated against in the election process.”

The publication provides guidance about how the federal disability rights laws apply to the election process, from registration to voting.  The publication discusses the need for policies, procedures, and programs to be in place to ensure that voters with disabilities are not discriminated against or illegally excluded from voting.  For example, the guidance discusses local governments’ obligations under the ADA to ensure polling places are physically accessible to voters with mobility disabilities, as well as their obligation to provide effective communication with voters who have vision and hearing disabilities.  Voters with disabilities must be able to access their polling place like everyone else, and vote alongside their neighbors and friends. 

The “The Americans with Disabilities Act & Other Federal Laws Protecting the Rights of Voters with Disabilities” publication may be found at http://www.ada.gov/ada_voting/ada_voting_ta.pdf.  Those interested in finding out more about the ADA may call the Justice Department’s toll-free ADA information line at 1-800-514-0301 (V) or 1-800-514-0383 (TTY), or visit its ADA website at www.ada.gov.  ADA complaints may be filed by email to ada.complaint@usdoj.gov.

A man who conspired to distribute methamphetamine was sentenced October 1, 2014, to more than five years in federal prison.

Ivan Lopez-Castelan, 32, from Iowa, received the prison term after a June 30, 2014, guilty plea to conspiring to distribute methamphetamine.

At the guilty plea, Lopez-Castelan admitted he was involved in the distribution of at least 1500 grams of mixed methamphetamine which contained 500 grams or more of actual (pure) methamphetamine from approximately 2011 through February, 2014. On February 7, 2014, law enforcement conducted a controlled purchase of approximately one pound of methamphetamine from Lopez-Castelan in Orange City, Iowa, for $28,000.

Lopez-Castelan was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Lopez-Castelan was sentenced to 61 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 2-year term of supervised release after the prison term. There is no parole in the federal system.  Lopez-Castelan 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 Clay County Sheriff’s Office assisted by the Iowa Great Lakes Drug Task Force, Iowa Division of Narcotics Enforcement, Iowa Division of Intelligence, Orange City Police Department, and the Tri-State Drug Task Force. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-4014.

A man who conspired to distribute methamphetamine was sentenced October 2, 2014, to four years in federal prison.

Jeremy Rabenberg, 40, from Hartley, Iowa, received the prison term after a June 10, 2014, guilty plea to conspiring to distribute methamphetamine.

At the guilty plea, Rabenberg admitted he was involved in the distribution of at least 1500 grams of mixed methamphetamine which contained 500 grams or more of actual (pure) methamphetamine from approximately 2013 through February 2014.  On January 29, 2014, during the early morning hours, Spencer Police Officers responded to a call and located Rabenberg asleep in his vehicle (with engine running) parked outside a bar.  Officers seized about $5,000 in cash and about two grams of methamphetamine from the center console of the vehicle and a .380 caliber Berretta handgun with seven rounds in the loaded magazine from between the front passenger seat and the center console.  Later on the same date, law enforcement executed a search warrant at Rabenberg’s residence.  Law enforcement seized approximately 354.58 grams of actual (pure) methamphetamine, $7,200 in U.S. currency and a number of firearms from Rabenberg’s bedroom.  

Rabenberg was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Rabenberg was sentenced to 48 months’ imprisonment. A special assessment of $100 was imposed.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.  Rabenberg 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 Clay County Sheriff’s Office assisted by the Iowa Great Lakes Drug Task Force, Iowa Division of Narcotics Enforcement, Iowa Division of Intelligence, Orange City Police Department, and the Tri-State Drug Task Force. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-4025.

An Omaha man was sentenced to life imprisonment when, in a case of first impression, his conviction for unpremeditated murder in an Army court-martial was determined to qualify as a triggering offense for application of 18 U.S.C. § 3559(c)—the federal three strikes law.

Richard Allen Shaffer, age 54, from Omaha, Nebraska, received the prison term on September 5, 2014, after a February 10, 2014, guilty plea to one count of bank robbery. 

Information presented by the United States at a change of plea and sentencing hearing revealed on October 12, 2012. Shaffer walked into a bank in Sioux City, Iowa, approached a teller, and handed her a note demanding money.The note read: “Be Quiet (GUN) Gimmie the money in the drawer and the replenishment drawer 100, 50, 20 10, 5, Now Be Quiet!”

The teller gave Shaffer $3,710 and Shaffer fled with the money. Police arrested Shaffer the next day on an outstanding warrant. Police then searched Shaffer’s girlfriend’s home, with her consent, where they found the clothes Shaffer had worn during the robbery and the note he handed to the teller. 

Shaffer committed this robbery after he was released from federal prison for  six 2004 bank robbery convictions.  Because Shaffer was sentenced for all six convictions at the same time in 2004, those six convictions counted as only one predicate felony under the three strikes law.  Shaffer’s criminal history also included a 1979 conviction in a United States Army General court-martial for unpremeditated murder, for which he was sentenced to 25 years confinement at hard labor and served 18 years.

Shaffer was sentenced in Sioux City by United States District Court Judge Mark W. Bennett who found, in a case of first impression that the Army court-martial conviction was a qualifying serious violent felony, that along with the 2004 bank robberies, and the present bank robbery conviction, triggered application of three strikes law as requested by the United States. Shaffer was, therefore, sentenced to life imprisonment.  A special assessment of $100 was imposed, and he was ordered to make $4,710 in restitution to Heritage Bank, Sioux City, Iowa.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 13-4077

The case was investigated by the Sioux City, Iowa Police Department, The Omaha, Nebraska Police Department, United States Probation, and the Federal Bureau of Investigation.  The case was prosecuted by Assistant United States Attorney Forde Fairchild.

A Mexican citizen who was twice convicted using the identity of a dead American citizen who attempted to obtain new identification documents and gain employment in that name was sentenced today to six years in federal prison.

Abel Fajardo-Guizar, age 38, a citizen of Mexico, living in Cedar Rapids, Iowa, received the prison term after a May 7, 2014, guilty plea to two counts of unlawful use of identification documents and two counts of aggravated identity theft.

In a plea agreement, Fajardo-Guizar admitted he was twice convicted under the name of another real person who died in 1995.  Fajardo-Guizar was convicted under the other person’s name in Texas in 2001 for importing marijuana into the United States and in Iowa in 2010 for possession of a firearm by a felon and unlawful drug user.  On November 22, 2013, while falsely claiming to be a U.S. citizen, Fajardo-Guizar used the date of birth, the Social Security Card and Social Security Number of another real person, someone he personally knew, to obtain a State of Iowa Identification Card in that person’s name.  On December 18, 2013, again falsely claiming to be a U.S. citizen, Fajardo-Guizar used the date of birth, the Social Security Card and Social Security Number of another real person, and the recently acquired State of Iowa Identification Card when completing forms required to work in this country.  On March 1, 2014, Fajardo-Guizar attempted to obtain a State of Iowa driver’s license using that the name, date of birth and Social Security Number of that other real person.  When arrested on Federal charges on March 19, 2014, defendant had in his possession that other person’s birth certificate. 

Fajardo-Guizar was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Fajardo-Guizar was sentenced to 72 months’ imprisonment.  A special assessment of $400 was imposed.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Fajardo-Guizar 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 Assistant United States Attorney Daniel C. Tvedt and was investigated by agents from the Department of Homeland Security, Immigration and Customs Enforcement.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-38.

A man who robbed a downtown Cedar Rapids bank while he was on federal supervised release was sentenced today to more than six years in federal prison.

Jacob Allen Mack, 24, from Cedar Rapids, Iowa, received the prison term after a July 18, 2014, guilty plea to one count of bank robbery.

At the guilty plea, Mack admitted he robbed the downtown Cedar Rapids branch of Hills Bank and Trust on the morning of May 2, 2014.  At the time of the bank robbery, Mack was on federal supervised release following a 2011 conviction in federal district court for unlawful possession of a firearm.

Mack was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Mack was sentenced to fifty-seven months’ imprisonment for bank robbery and was also sentenced to a consecutive twenty-four months’ imprisonment for violating the terms of his federal supervised release.  A special assessment of $100 was imposed and he was ordered to make restitution to Hills Bank and Trust.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Mack 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 Cedar Rapids Police Department. 

Court file information is available at https://ecf.iand.uscourts.gov.  The case file numbers are 14-CR-00060 and 10-CR-00120.

A man who illegally possessed firearms on two occasions was sentenced today to five years in federal prison.  Timothy Rush, age 24, from Cedar Rapids, Iowa, received the prison term after a July 30, 2014 guilty plea to one count of being an unlawful user of controlled substances (marijuana) in possession of a firearm, and one count of being a felon in possession of a firearm. 

In a plea agreement, Rush admitted that, on the night of March 25, 2011, officers found him walking with a juvenile male in an alley off First Avenue.  The juvenile was found in possession of ten baggies of marijuana, and Rush was found with a loaded 9mm pistol in his waistband.  Rush admitted stealing the weapon, and admitted regularly smoking marijuana.  A urine test confirmed his drug use.  On May 7, 2012, Rush was found, after a shooting on the southeast side of Cedar Rapids, in possession of a sawed-off shotgun.  Rush was convicted in state court for possession of an offensive weapon, a felony offense.  Then, on May 29, 2014, officers responded to reports of a man with a gun seen on the southeast side of Cedar Rapids.  When officers encountered Rush, who fit the description, he fled, dropping a loaded .380 caliber pistol during the flight.  Officers arrested Rush and recovered the weapon.  Rush ultimately admitted stealing that weapon.

Rush was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Rush was sentenced to sixty months’ imprisonment.  A special assessment of $200 was imposed.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system. Rush is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney C.J. Williams and investigated by the FBI Safe Streets Task Force and the Cedar Rapids Police Department. 

Court file information is available at ttps://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-67.

A man who committed four bank robberies and a woman who drove the getaway vehicle for one robbery pled guilty in federal court in Cedar Rapids.

Javon Dockery, age 29, from Cedar Rapids, was convicted of four counts of bank robbery and one count of possession of a firearm in furtherance of a crime of violence.  Bria Daudinot, age 21, from Cedar Rapids, was convicted of one count of bank robbery.

At a plea hearing on October 2, 2014, Dockery admitted that he robbed a Cedar Rapids branch of the US Bank on April 30 and June 26, 2014.  He also admitted that he robbed a Cedar Rapids branch of the Guaranty Bank on May 16 and May 29, 2014.  Further, Dockery admitted that, during the commission of the June 26 robbery, he brandished a firearm.  At a plea hearing today, Daudinot admitted that she aided and abetted Dockery in the June 26 robbery.  In a plea agreement, Daudinot admitted that she drove the getaway vehicle for this robbery.

Sentencings before United States District Court Chief Judge Linda R. Reade will be set after presentence reports are prepared.  Both Dockery and Daudinot remain in custody of the United States Marshal pending sentencing.  Dockery faces a mandatory minimum sentence of 7 years’ imprisonment and a possible maximum sentence of life in prison, a $1,250,000 fine, a $500 special assessment, and up to 5 years on supervised release following any imprisonment.  Daudinot faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, a $100 special assessment, and up to 3 years on supervised release following any imprisonment.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 14-68.

A felon who discarded a gun while fleeing from police was sentenced on October 1, 2014 to over six years in federal prison. 

Harris Ceaser III, from St. Louis, Missouri, received the prison term after a June 5, 2014 guilty plea to one count of possession of a firearm as a felon.

In a plea agreement, Ceaser admitted he possessed a loaded 9mm handgun in Cedar Rapids on March 24, 2014.  According to a criminal complaint, Ceaser came to the attention of law enforcement on that date while they were responding to a report of a stabbing at the 1800 block of A Avenue.  The victim was located on the ground with a knife mark in his chest. While canvassing the area for evidence, a woman reported to law enforcement that an individual—later identified as Ceaser—had run from the scene.  An officer located Ceaser nearby.  Upon seeing the officers, Ceaser fled on foot.  The foot chase was captured on a patrol car video, which showed Ceaser throwing a handgun over a fence during the chase.  The handgun was then recovered by law enforcement.  The handgun had been reported stolen.

Ceaser had been convicted in federal court in Cedar Rapids in 2008 of the felony offense of possessing a firearm as an unlawful drug user.  Ceaser remained on supervised release from this conviction at the time of the March 2014 incident.

Ceaser was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Ceaser was sentenced to 78 months’ imprisonment, which was ordered to run consecutive to a 24-month supervised release revocation sentence that was imposed on April 25, 2014 in the 2008 case.  A special assessment of $100 was imposed.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

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

Ceaser has not been charged in connection with the stabbing.

The case was prosecuted by Assistant United States Attorney Justin Lightfoot and investigated by the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, and Firearms (ATF), and the Cedar Rapids Police Department. 

Court file information is available at https://ecf.iand.uscourts.gov/ cgi-bin/login.pl.  The case file number is 14-CR-50.  The case file for the criminal complaint is 14-MJ-94.  The case file for Ceaser’s 2008 conviction is 07-CR-96.

A man who opened the Fragrance Hut smoke shop pled guilty today in federal court in Cedar Rapids.

Matthew James McCauley, age 39, from Cedar Rapids, Iowa, was convicted of maintaining a premises for the distribution of controlled substances and aggravated identity theft.

At the plea hearing, McCauley admitted he opened the Fragrance Hut, formerly located at 2902 First Avenue NE in Cedar Rapids, for the purpose of distributing illegal synthetic controlled substances, commonly referred to as “spice” or “K2.”  Court documents reflect McCauley opened the Fragrance Hut in February 2014, and that the store sold synthetic cannabinoid products with names like “WTF,” “Diablo,” “Purple Haze,” “Fairly Legal,” “Green Giant,” and “Smoking Santa.” McCauley also admitted to having stolen the identity of another individual during and in relation to a wire fraud scheme.  Court documents reflect McCauley created a false driver’s license using another individual’s name and date of birth.  McCauley then used that name and date of birth to obtain a fraudulent line of credit to purchase jewelry at a local jewelry store.

 Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  McCauley remains in custody of the United States Marshal after the guilty plea and will remain in custody pending sentencing.  McCauley faces a possible maximum sentence of 20 years’ imprisonment on the drug charge, and a mandatory consecutive sentence of 2 years’ imprisonment on the identity theft charge.  He also faces up to $750,000 in fines, $200 in special assessments, and 4 years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Dan Chatham and was investigated by as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa Division of Narcotics Enforcement; and the Sixth Judicial District Department of Correctional Services. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file numbers are CR14-94-LRR and 14-MJ-186.

A man who discharged a shotgun into an apartment above his own pled guilty today in federal court in Cedar Rapids.

Clifford Smith, age 51, from Cedar Rapids, Iowa, was convicted of one count of being a felon and unlawful drug user in possession of a firearm.

In a plea agreement, Smith admitted that he was a felon, having been convicted in 1992 and 2003 of drug offenses in the Iowa District Court for Linn County.  Smith also admitted he was an unlawful user of marijuana.  On July 4, 2013, Smith was living in a down stairs apartment on Wilson Avenue in Cedar Rapids.  At some point in the early morning hours that day, Smith discharged a shotgun in his apartment.  The blast penetrated the floor of the apartment above Smith’s own apartment.  The owner of that apartment contacted the Cedar Rapids Police Department. 

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Smith remains in custody of the United States Marshal and will remain in custody pending sentencing.  Smith faces a possible maximum sentence of ten years’ imprisonment, a $250,000 fine, $100 in special assessments, and three years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney C.J. Williams and was investigated by the FBI Safe Streets Task Force and the Cedar Rapids Police Department. 

Court file information is available at ttps://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 13-CR-00071.

A man who conspired to distribute methamphetamine was sentenced September 11, 2014, to more than eleven years in federal prison.

Jason Moore, 30, from LeMars, Iowa, received the prison term after an April 25, 2014, guilty plea to conspiring to distribute methamphetamine.

At the guilty plea, Moore admitted his involvement in a conspiracy from about June of 2012 through March 2013, that distributed more than 500 grams of actual (pure) methamphetamine.  During the time period of the conspiracy, Moore lived in Northwest Iowa and sold methamphetamine to various customers in Northwest and Central Iowa.  Moore traveled to Des Moines, Iowa one or two times a week to obtain methamphetamine for resale in Central and Northwest Iowa.

Moore was sentenced in Sioux City by United States District Court Judge Donald E. O’Brien.  Moore was sentenced to 162 months with credit for 19 months previously served for a current sentence of 143 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.

Moore 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 Clay County Sheriff’s Office, who was assisted by the Iowa Great Lakes Drug Task Force, Iowa Division of Narcotics Enforcement, Spirit Lake Police Department, Le Mars Police Department, Hawarden Police Department, O’Brien County Sheriff’s Office, Sheldon Police Department, and the Central Iowa Drug Task Force. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 13-4039.

A man who pawned a handgun stolen during a burglary pled guilty today in federal court in Cedar Rapids. 

Tanner Williams, age 25, from Cedar Rapids, Iowa, was convicted of one count of being a felon in possession of a firearm.

In a plea agreement, Williams admitted that on April 7, 2014, he was convicted of the felony offense of Theft 2nd Degree in the Iowa District Court for Linn County.  Then, on May 18, 2014, a Cedar Rapids home was burglarized.  Among the items stolen during the burglary was a .22 caliber handgun.  On May 20, 2014, Williams pawned the handgun at Marion Guns and Gold.  At the plea hearing, the United States asserted that the evidence at sentencing will show Williams had committed the burglary and notified Williams that it would be seeking a sentencing enhancement based on that conduct. 

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Williams remains in custody of the United States Marshal and will remain in custody pending sentencing.  Williams faces a possible maximum sentence of ten years’ imprisonment, a $250,000 fine, $100 in special assessments, and three years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney C.J. Williams and was investigated by Federal Bureau of Investigation’s Safe Streets Task Force and the Cedar Rapids Police Department. 

Court file information is available at ttps://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-0071.

A man who concealed assets from the bankruptcy court and then lied about his assets under oath before a bankruptcy judge was sentenced today to eighteen months in federal prison.

Jay Freese, from Montour, Iowa, received the prison term after a February 18, 2014 guilty plea to one count of concealing assets in a bankruptcy case.

At the guilty plea hearing, Freese admitted he filed for bankruptcy protection in 2009 in the United States Bankruptcy Court for the Northern District of Iowa.  Freese did not disclose his ownership of a Bobcat skid loader or Kubota tractor.  When questioned under oath before a federal bankruptcy judge, Freese lied about those assets, claiming he sold them to another person.

Freese was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Freese was sentenced to eighteen months’ imprisonment and fined $5,000.  A special assessment of $100 was imposed.  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 investigated and prosecuted as part of the Bankruptcy Fraud Task Force in the Northern District of Iowa.

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

The case was prosecuted by Assistant United States Attorney C.J. Williams and investigated by the Federal Bureau of Investigation and the Office of United States Bankruptcy Trustee. 

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

Christopher Heath-Lowther, age 30, of Platteville, Wisconsin, has been charged with one count of transporting a minor across a state line with intent to engage in criminal sexual activity and one count of traveling across a state line for the purpose of engaging in illicit sexual conduct.  The charges are contained in an Indictment filed on September 10, 2014, in United States District Court in Cedar Rapids. 

The Indictment alleges that, between December 2013 and February 2014, Heath-Lowther traveled across a state line for the purpose of engaging in illicit sexual conduct and transported a minor across a state line with the intent to engage in sexual activity that is illegal in Wisconsin.

If convicted, Heath-Lowther faces a mandatory minimum sentence of ten years’ imprisonment and a possible maximum sentence of life imprisonment, a $500,000 fine, a $200 special assessment, and at least five years and up to life on supervised release following any imprisonment.

Heath-Lowther appeared for a detention hearing today in federal court in Cedar Rapids and was released to home detention with GPS monitoring.  Heath-Lowther’s next appearance for trial is set for November 17, 2014.

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

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Federal Bureau of Investigation, the Platteville, Wisconsin, Police Department, and the Maquoketa 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 14-1014.

Robert John Mueller, age 29, from Dyersville, Iowa, has been charged with two counts of distributing methamphetamine near a playground and one count of possessing pseudoephedrine for use in the manufacture of methamphetamine.­ The charges are contained in an Indictment unsealed on September 12, 2014, in United States District Court in Cedar Rapids. 

The Indictment alleges that, on or about June 19, 2014, and on or about June 26, 2014, Mueller knowingly and intentionally distributed a mixture and substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, within 1000 feet of the real property comprising a playground, namely Candy Cane Park, located on Arbor Court Drive, in Dyersville, Iowa.

If convicted on all charges, Mueller faces a possible maximum sentence of 40 years’ imprisonment, a $2,000,000 fine, $100 in special assessments, and a lifetime of supervised release following any imprisonment.­

Mueller appeared today in federal court in Cedar Rapids. Mueller’s next appearance for a detention hearing is set for September 16, 2014.

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

The case is being prosecuted by Special Assistant United States Attorney Erin Eldridge and was investigated by the Dubuque Drug Task Force, which is comprised of officers from the Dubuque Police Department and the Dubuque County Sheriff’s Office.  

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-1015-LRR.

WASHINGTON -- Several members of a litigation team led by the U.S. Attorney’s Office in the Northern District of Iowa were among 243 federal employees recognized by Attorney General Eric Holder and Executive Office for U.S. Attorneys (EOUSA) Director Monty Wilkinson at the 30th annual Director’s Awards Ceremony today in Washington D.C.  The Iowa team received a Director’s Award for Superior Performance by a Litigative Team in recognition of their outstanding work in Operation Cedar Valley Junction.  The Iowa awardees were Assistant United States Attorneys Richard L. Murphy, Sean R. Berry, C.J. Williams, Matthew J. Cole, and Peter E. Deegan, Jr.; Paralegal Specialists Maureen C. Oviatt (Ret.) and Sali Van Weelden; Victim/Witness Coordinator Shari Konarske; Litigation Support Specialist Lee Cline Meyer; Department of Homeland Security Special Agent Michael D. Fischels; and FBI Special Agent Randy Van Gent (Ret.).

The Northern District of Iowa was one of 44 districts represented at the ceremony which was held in the Great Hall at the Robert F. Kennedy Department of Justice Building.

In his prepared remarks to awardees, Attorney General Holder said, “Locally, nationally, and internationally, you represent the very best that this Department has to offer.  Your work embodies our ongoing commitment – not merely to win cases, but to do justice; to protect our fellow citizens from crime, violence, and terrorism; to empower the most vulnerable among us; and to uphold the rule of law.” 

EOUSA Director Monty Wilkinson echoed those sentiments, saying to the recipients, “You have persevered, and remained focused and motivated – achieving remarkable results in work that makes a difference in the lives of citizens across our great country. The vast scope of your collective accomplishments is nothing short of exceptional.”

Operation Cedar Valley Junction was a successful investigation and prosecution of corporate wrongdoers in Northern Iowa.  In 2008, immigration agents conducted a worksite enforcement action at Agriprocessors, Inc.  The investigation into the corporation revealed instances of child labor and wage and hour violations.  The team also discovered the Chief Executive Officer (CEO) had been defrauding Agriprocessors’ primary lender in several ways resulting in a $27 million financial fraud.  A four-week jury trial and conviction of the company’s CEO for an array of financial crimes culminated in a 27-year sentence. 

“I join Attorney General Holder and Director Wilkinson in congratulating the Cedar Valley Junction team on their receipt of this prestigious award.”

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

A man who distributed and possessed child pornography was sentenced September 2, 2014, to over 21 years in federal prison.

Steven Risk, age 38, of Independence, Iowa, received the sentence after a May 9, 2014, guilty plea to one count of distribution of child pornography and one count of possession of child pornography.  At the guilty plea hearing, Risk admitted that, between 2011 and 2013, he distributed and possessed child pornography.  In a plea agreement, defendant admitted he used the Internet to trade child pornography with others and possessed over 30,000 images of child pornography.

Risk was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Risk was sentenced to 262 months’ imprisonment.  A special assessment of $200 was imposed, and Risk must also serve a 15-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, Homeland Security Investigations, and the Federal Bureau of Investigation.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 14-2010.

A man who robbed the Solon State Bank in Ely, Iowa, was sentenced on September 2, 2014 to more than three years in federal prison.

Robert Melton, 51, from Cedar Rapids, Iowa, received the prison term after a May 15, 2014, guilty plea to one count of bank robbery.

At the guilty plea, Melton admitted he entered the Solon State Bank in Ely on January 17, 2014, and gave a note to a teller demanding money and informing the teller not to do anything and nothing would happen.  The teller gave Melton some cash and Melton left the bank, walked to his truck, and drove away.  A witness to the robbery followed Melton as he drove away from the bank.  The witness called 911 and reported Melton’s location.  Law enforcement officers then stopped Melton and took him into custody.

Melton was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Melton was sentenced to forty-six months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Melton 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 and the Linn County Sheriff’s Office. 

Court file information is available at https://ecf.iand.uscourts.gov/.  The case file number is 14-CR-00024.

A man who was caught with four stolen firearms after a high speed chase through three counties was sentenced today to more than five years in federal prison.

Franklin Foster, age 22, from Charles City, Iowa, received the prison term after a June 11, 2014, guilty plea to being a felon in possession of firearms.

At the sentencing hearing, the record showed that, on April 12, 2014, defendant fled from officers who were trying to stop him for driving with a suspended driver’s license.  Defendant fled from the officers at a high rate of speed, eventually traveling through three counties.  During the chase, Foster ran stop signs, drove through ditches, drove the wrong way on streets, drove through residential neighborhoods, and reached speeds in excess of 95 miles an hour.  During the chase, Foster made phone calls to authorities, threatening to shoot officers.  When officers were finally successful in deflating the tires of Foster’s vehicle with stop sticks, defendant engaged in a stand-off with officers, during which time he displayed firearms.  Officers eventually succeeded in persuading Foster to drop the weapons and surrender.  Foster was convicted in 2012 of the felony offense of Theft 2nd Degree in the Iowa District Court for Floyd County. 

Foster was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Foster was sentenced to seventy-one months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.  Foster 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 C.J. Williams and investigated by ATF, the Charles City Police Department, the Floyd County Sheriff’s Office, and the Iowa State Patrol. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-2021.

A former member of the military who served two tours of duty in Afghanistan and Iraq was sentenced in federal court today to serve a five year term of probation.

Matthew James Stover, 31, from Cedar Rapids, Iowa, received the sentence after pleading guilty on November 14, 2013, to one count of possessing a semi-automatic assault rifle and ammunition as an unlawful drug user.

In a plea agreement, Stover admitted he possessed an AR-15 assault rifle, a magazine containing 59 rounds of .223 caliber ammunition, another magazine for the weapon, and about 600 additional rounds of .223 caliber ammunition on August 15, 2013, when a State of Iowa search warrant was executed at his residence. The warrant was executed after Marion, Iowa, Police officers encountered Stover after he purchased marijuana in a park in Marion.

Stover was sentenced on August 24, 2014, in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Stover was sentenced to serve a 5 year term of probation with special conditions requiring continued mental health treatment, abstinence from the use of alcohol or drugs, remote alcohol testing, and not being permitted in the unsupervised presence of a child under the age of 12, including his minor daughter.  The sentence represented a downward departure from the advisory federal sentencing guidelines range of 30-37 months imprisonment.

At the sentencing hearing begun August 14, and concluded on August 24, Judge Reade noted Stover has been diagnosed as suffering from several mental health conditions, including PTSD, that predated and post-dated his military service.  Further, while Stover has performed well under pre-trial treatment and supervision, Judge Reade noted he had a history of non-compliance with drug and mental health treatment, as well as a history of violence. Reade noted Stover had previously assaulted his wife and choked his stepson, and in March 2012 caused an injury to his infant daughter that resulted in her skull being crushed.

The court also noted that Stover had made statements, in the months prior to his arrest, indicating he wanted to go back to Afghanistan to kill and engage in radical jihad.  These statements raised concerns with family members as well as local and federal law enforcement officers.

In imposing the sentence, the court noted this was not a “run of the mill case” and indicated it was reluctant to interfere with defendant’s mental health treatment that he has been receiving from the VA for about the past year. Further, defendant had an opportunity for employment with the VA and has been fully compliant with the conditions of treatment for the past year. In light of this, the court placed defendant on probation and imposed several conditions of probation intend to minimize defendant’s risk to the community. The court cautioned Stover that should he violate his conditions of probation, he would likely be sentenced to serve at least 30 months, and as much as 120 months, in federal prison.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 13-CR-68-LRR.

Terrance Joseph Kilburg, age 48, from Bellevue, Iowa, received a 235-month prison term after an April 14, 2014, guilty plea to one count of being a felon in possession of firearms and ammunition and one count of possessing unregistered National Firearms Act Weapons.

In a plea agreement, Kilburg admitted he was a felon and possessed fifteen firearms and various forms of ammunition.  Two of these firearms were short barreled, or “sawed-off,” shotguns.  Kilburg also admitted to allowing an individual access to his property to manufacture methamphetamine.  Items associated with the manufacture of methamphetamine were seized from his property during the execution of a search warrant.  While on release pending sentencing, Kilburg fled the Northern District of Iowa and was declared a fugitive from justice.  Kilburg was eventually arrested by the Michigan State Patrol.    

Kilburg was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Kilburg was sentenced to 235 months’ imprisonment.  A special assessment of $200 was imposed and he must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Kilburg 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 Lisa C. Williams and investigated by the Iowa Department of Natural Resources, Iowa Division of Narcotics Enforcement, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-cr-1005.

Dwayne Howard, 35, from Dubuque, Iowa, has been charged with four counts of distributing crack cocaine near a school or playground.  The charges are contained in an Indictment unsealed on August 18, 2014, in the United States District Court in Cedar Rapids. 

The Indictment alleges that, on four different dates in January and February 2014, Howard sold crack cocaine to another person.  Court records indicate that the person who purchased the crack cocaine was an undercover police officer. Three of the sales are alleged to have occurred inside “Wayne’s Candy,” a candy store operated by Howard in Dubuque, Iowa.  The candy store is now closed. 

If convicted, Howard faces a mandatory minimum sentence of one year imprisonment without the possibility of parole, and a possible maximum sentence of 160 years’ imprisonment, an $8,000,000 fine, $400 in special assessments, and a term of supervised release of at least six years and up to life, following any imprisonment.­

Howard appeared on August 18 and 20, 2014, in federal court in Cedar Rapids and was held without bond.  Howard’s next appearance for a status hearing is set for September 24, 2014.  Trial is scheduled for October 20, 2014. 

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

The case is being prosecuted by Assistant United States Attorney Justin Lightfoot and was investigated by the Iowa Division of Narcotics Enforcement and the Dubuque Drug Task Force, which is comprised of officers from the Dubuque Police Department and the Dubuque County Sheriff’s Office.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/ login.pl.  The case file number is 14-CR-1013.

Matthew McCauley, age 39, from Cedar Rapids, Iowa, has been charged with one count of maintaining a drug-involved premises.­  The charges are contained in an Indictment filed on August 20, 2014, in United States District Court in Cedar Rapids. 

The Indictment alleges that, between about February and August 2014, McCauley knowingly and intentionally used and maintained the Fragrance Hut located at 2902 First Avenue NE, Cedar Rapids, Iowa, for the purpose of distributing Schedule I controlled substances.  An earlier Complaint filed on August 8, 2014, alleged McCauley told police in March 2014 that he opened the Fragrance Hut to sell “herbal incense.”  According to the Complaint, the purported “incense” actually contained several synthetic cannabinoids, including Schedule I controlled substances UR-144, XLR-11, AM-2201, and AB-FUBINACA.  The Complaint describes synthetic cannabinoid products as a mixture of an organic “carrier” medium, such as the herb-like substance Damiana, which is then typically sprayed or mixed with a synthetic compound chemically similar to THC (tetrahydrocannabinol), the psychoactive ingredient in marijuana.

If convicted, McCauley faces a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, $100 in special assessments, and a lifetime of supervised release following any imprisonment.­

McCauley first appeared on August 8, 2014, in federal court in Cedar Rapids.  On August 20, 2014, he was ordered detained without bond.  McCauley’s next appearance for an arraignment is set for August 22, 2014. 

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

The case is being prosecuted by Assistant United States Attorney Dan Chatham and was investigated by as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa Division of Narcotics Enforcement; and the Sixth Judicial District Department of Correctional Services.

  Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file numbers are CR14-94-LRR and 14-MJ-186.

A man who unlawfully possessed a firearm was sentenced today to almost three years in federal prison.

Ramius Hardiman, age 21, from Cedar Rapids, Iowa, received the prison term after a May 23, 2014, guilty plea to one count of possession of a firearm by a felon.

At the plea hearing, Hardiman admitted that on May 8, 2013, he possessed a Taurus 9mm pistol.  Hardiman is prohibited from possessing firearms due to his felony conviction for Involuntary Manslaughter in October 2011.

Hardiman was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Hardiman was sentenced to 34 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

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

This case was prosecuted as part of Project Safe Neighborhoods, a cooperative local, state and federal program aimed at the enhanced prosecution of gun crimes.  The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and was investigated by the Cedar Rapids Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, and Firearms.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 13-CR-37.

A man who produced and had for sale thousands of counterfeit movie DVDs and music CDs pled guilty today in federal court in Cedar Rapids.

Steven Brown, 45, from Cedar Rapids, Iowa, was convicted of one count of copyright infringement.

At the plea hearing, Brown admitted that between December 2012 and February 2013, he produced and offered for sale 1,510 counterfeit DVDs and 492 counterfeit CDs.  Brown further admitted that these counterfeit goods had a total retail value of more than $25,000.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Brown remains free on conditions of supervision set by the Court pending sentencing.  Brown faces a possible maximum sentence of five years’ imprisonment, a $250,000 fine, $100 in special assessments, and three years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Department of Homeland Security. 

Court file information is available at https://ecf.iand.uscourts.gov/.  The case file number is 14-CR-00080.

Javon Dockery, age 29, of Cedar Rapids, Iowa, has been indicted on four counts of bank robbery and one count of possession of a firearm in furtherance of a crime of violence.  The charges are contained in Superseding Indictment filed on August 13, 2014, in United States District Court in Cedar Rapids. 

Dockery and Bria Daudinot, age 21, also of Cedar Rapids, had previously been charged in a July 8, 2014 Indictment with one count of bank robbery.  The Superseding Indictment brings the total number of robberies charged against Dockery to four.  No new charges were brought against Daudinot.

The Superseding Indictment alleges that, on or about April 30, 2014, Dockery robbed the 16th Avenue branch of the US Bank in Cedar Rapids.  The Superseding Indictment also alleges that, on both May 16 and May 29, 2014, Dockery robbed the Bever Avenue branch of the Guaranty Bank in Cedar Rapids.  Finally, as was charged in the original Indictment, the Superseding Indictment alleges that, on June 26, 2014, Dockery and Daudinot robbed and aided and abetted the robbery of the 16th Avenue branch of the US Bank in Cedar Rapids, and Dockery possessed and brandished a firearm in furtherance of that robbery. 

If convicted on all charges, Dockery faces a mandatory minimum sentence of 7 years’ imprisonment and a possible maximum sentence of life imprisonment, a $1,250,000 fine, a $500 special assessment, and up to 17 years on supervised release following any imprisonment.  If convicted, Daudinot faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, a $100 special assessment, and up to 3 years on supervised release following any imprisonment.

Dockery and Daudinot are both being held without bond.  Their next appearance for trial is set for September 22, 2014.

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

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Federal Bureau of Investigation, the Cedar Rapids Police Department, and the Sixth Judicial District Department of Correctional Services.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 14-68.

A man who possessed more than twenty firearms, including at least six military style assault rifles; thousands of rounds ammunition; and about 90 high capacity magazines, as an unlawful user of marijuana, was sentenced today to serve nearly four years in federal prison.

Clint Allen Hughes, 33, from 1165 4th Avenue, Marion, Iowa, received the prison term after a March 17, 2014, guilty plea to being an unlawful user of controlled substances in possession of firearms and ammunition.

Evidence presented at sentencing today showed the firearms and ammunition were seized following a search Hughes’s apartment by the Marion, Iowa, Police Department in August 2013.  At that time, Hughes was determined to be an unlawful user of marijuana. 

Hughes was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Hughes was sentenced to 46 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a 3-year term of supervised release after the prison term.  There is no parole in the federal system.

In sentencing Hughes, Judge Reade noted Hughes had a 20 year history of substance abuse and expressed displeasure that he had violated pretrial supervision by repeatedly testing positive for marijuana and falsely denying he continued to use the drug.  Judge Reade also expressed concern about statements Hughes made to a Marion Police Sergeant on the day his apartment was searched, suggesting he was a survivalist and had another hidden location where he stored more guns.

Hughes 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 U.S. Attorney Richard L. Murphy and investigated by the Marion Police Dept. and the Bureau of Alcohol, Tobacco, and Firearms. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. 
The case file number is 14-CR-00010-LRR.

A man who was involved in an attempt to manufacture methamphetamine in his apartment, but instead set the apartment building on fire, was sentenced on July 29, 2014, to more than seven years in federal prison.

Donald Sheldon, age 47, from Dubuque, Iowa, received the prison term after an April 3, 2014, guilty plea to attempt and aiding and abetting the manufacture of methamphetamine within 1,000 feet of a school.

Court documents reflect Sheldon allowed Joshuah Tiesman to use his apartment to manufacture methamphetamine.  The methamphetamine lab exploded, starting a fire in the apartment building that caused damage to Sheldon’s apartment building and an adjoining building, including a restaurant located in that adjoining building.  Tiesman previously was sentenced to 96 months’ imprisonment for his involvement in the methamphetamine cook and fire.

Sheldon was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Sheldon was sentenced to 87 months’ imprisonment.  A special assessment of $100 was imposed, and he was ordered to make $94,682 in restitution to the victims of the fire.  He must also serve a six-year term of supervised release after the prison term.  There is no parole in the federal system.

Sheldon 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 Dan Chatham and investigated by Dubuque, Iowa, Drug Task Force. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR13-1019-2-LRR.

A man who distributed heroin to an individual who died from using the heroin pled guilty on July 28, 2014, in federal court in Cedar Rapids.

Austin Allen Martens, age 24, from Cedar Rapids, Iowa, was convicted of distribution of heroin.

In a plea agreement, Martens admitted that he distributed $80 worth of heroin to another individual in March 2013.  The purchaser was found deceased the next day, having overdosed after using the heroin distributed by defendant. 

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Martens remains in custody of the United States Marshal pending sentencing.  Martens faces a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, $100 in special assessments, and up to a lifetime of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Dan Chatham and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration (DEA) Task Force consisting of the DEA, the Linn County Sheriff's Office, the Cedar Rapids Police Department, the Marion Police Department, the Iowa Division of Narcotics Enforcement, and the Sixth Judicial District Department of Correctional Services. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR14-40-1-LRR.

Javon Dockery, age 29, and Bria Daudinot, age 21, both of Cedar Rapids, Iowa, have been indicted on charges of bank robbery and possession of a firearm in furtherance of a crime of violence.  The charges are contained in an Indictment filed on July 8, 2014, in United States District Court in Cedar Rapids. 

The Indictment alleges that, on or about June 26, 2014, Dockery and Daudinot robbed and aided and abetted the robbery of the 16th Avenue branch of the US Bank in Cedar Rapids.  The Indictment also alleges that Dockery possessed and brandished a firearm in furtherance of the robbery. 

If convicted on all charges, Dockery faces a mandatory minimum sentence of 7 years’ imprisonment and a possible maximum sentence of life imprisonment, a $500,000 fine, a $200 special assessment, and up to 5 years on supervised release following any imprisonment.  If convicted, Daudinot faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, a $100 special assessment, and up to 3 years on supervised release following any imprisonment.

Dockery and Daudinot made their initial appearance in federal court in Cedar Rapids on July 22, 2014, and Daudinot appeared for a detention hearing on July 24, 2014.  Both were held without bond.  Their next appearance for trial is set for September 22, 2014.

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

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 14-68.

Ronald Dwaine Carnes, 69, from Waterloo, Iowa, has been charged with four counts of Social Security fraud, two counts of identity theft, and one count of being a felon and fugitive from justice in possession of a firearm.  The charges are contained in an Indictment filed on July 22, 2014, in United States District Court in Cedar Rapids. 

The Indictment alleges that Carnes was convicted of Robbery with Firearms in North Carolina in November 1970.  He allegedly escaped from prison on or about August 4, 1973.  Following his alleged escape, Carnes allegedly lived under the identities of two different persons to avoid detection by law enforcement.  Carnes also allegedly used the two identities to collect Social Security benefits and to apply for Iowa drivers’ licenses.  During an April 14, 2014, search of Carnes’ residence in Waterloo, Iowa, law enforcement agents allegedly found certified copies of birth certificates for both identities as well as a handgun and ammunition.

If convicted on all charges Carnes faces a mandatory minimum sentence of two years’ imprisonment and a possible maximum sentence of thirty-four years’ imprisonment, as well as a fine, $700 in special assessments, and supervised release following any imprisonment.­

Carnes appeared today in federal court in Cedar Rapids and was held without bond.  Carnes’ next appearance for a status hearing is set for August 27, 2014.  Trial is set for September 22, 2014. 

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

The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by Social Security Administration, Office of the Inspector General, Office of Investigations, the Waterloo Police Department, and the Iowa Department of Transportation.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-2033.

Woman Also Pleads Guilty To Unlawful Manufacture and Possession of a Department of Justice Seal

A woman who forged a court order for a purported structured settlement in support of her request for a bank loan, and who forged a separate letter purporting to be from a United States Department of Justice official, pled guilty on July 23, 2014, in federal court in Cedar Rapids.

Stephanie Drake (formerly known as Stephanie Drake-Zierke), age 50, from Hubbard, Iowa, was convicted of one count of bank fraud and one count of unlawful manufacture and possession of a United States Department of Justice seal.

In a plea agreement, Drake admitted that, between about March 2009 and September 2012, she fraudulently induced a bank to loan her money by falsely claiming that her husband had been awarded a legal settlement in the amount of $2,200,000.  Drake also admitted presenting a fabricated document to the bank purporting to be a court order for the legal settlement.  Drake also admitted defrauding the same bank by presenting falsified loan paperwork indicating her husband’s parents had agreed to guarantee a loan of up to $162,600.  Drake admitted that, between May 2008 and September 2012, the bank loaned her a total of at least $483,513.51.  Drake admitted her conduct resulted in a loss to the bank of more than $400,000. 

Also in the plea agreement, Drake admitted that, in about January of 2012, she unlawfully manufactured and possessed a seal of the United States Department of Justice.  Drake admitted she forged a letter to her husband, dated January 23, 2012, that bore the seal and purported to be from the United States Attorney for the Northern District of Iowa.  Drake admitted forging the letter in an attempt to substantiate a false claim that her husband was cooperating with federal authorities in a theft investigation.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Drake remains free on bond pending sentencing.  Drake faces a possible maximum sentence of 30 years’ and 6 months’ imprisonment, a $1,005,000 fine, $110 in special assessments, and 5 years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Peter Deegan and was investigated by the Federal Bureau of Investigation and the Hardin County, Iowa, Sheriff’s Office. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-2032.

A man who distributed child pornography was sentenced July 17, 2014, to five years in federal prison.

Todd Techen, age 22, of Ashton, Iowa, received the sentence after an April 17, 2014, guilty plea to one count of distribution of child pornography.  At the guilty plea hearing, Techen admitted that, between 2012 and January 2013, he knowingly distributed child pornography. 

Techen was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Techen was sentenced to 60 months’ imprisonment.  A special assessment of $100 was imposed, and Techen must also serve a ten-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 Federal Bureau of Investigation, and the Lyon County Sheriff’s Office.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 13-4079.

A man who was convicted of possessing an unregistered sawed-off shotgun was sentenced Thursday to more than 6 years in federal prison.

Patrelle Jose Green-Bowman, age 21, from Waterloo, Iowa, received the prison term after a May 13, 2014 jury verdict finding him guilty of possessing a firearm as a felon and possessing an unregistered sawed-off shotgun.

The evidence at trial showed that on August 2, 2013, Green-Bowman was found by Waterloo Police Department officers in the backseat of a car parked at an apartment complex in Waterloo.  A loaded sawed-off shotgun was found wrapped in Green-Bowman’s coat on the seat immediately behind where Green-Bowman had been sitting.

Green-Bowman was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Green-Bowman was sentenced to 78 months’ imprisonment.  A special assessment of $200 was imposed.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Green-Bowman 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 Dan Chatham and investigated by the Waterloo Police Department and Bureau of Alcohol, Tobacco, Firearms, and Explosives. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 13-CR-02023-LRR.

Abel Hernandez-Labra, age 43, from Hampton, Iowa, has been charged with passport fraud and false statements in a Complaint filed on July 15, 2014, in United States District Court in Cedar Rapids.

The Complaint alleges that Hernandez-Labra assumed the identity of a U.S. citizen by fraudulently obtaining the victim’s birth certificate. The Complaint also alleges the birth certificate, along with an Iowa driver’s license obtained by Hernandez-Labra in the victim’s name, was then used to apply for and receive a U.S. passport in 2008.  The Complaint also alleges when confronted by investigating special agents, Hernandez-Labra completed a written sworn statement believed to contain several material false statements.

Hernandez-Labra appeared today in federal court in Cedar Rapids and was held without bond.  Hernandez-Labra’s next appearance for a preliminary hearing is set for July 30, 2014, at 4:00 p.m.

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

The case is being prosecuted by Assistant United States Attorneys Rich Murphy and Daniel C. Tvedt and was investigated by the U.S. Department of State, Diplomatic Security Service (DSS) Chicago Field Office. DSS special agents were assisted in the arrest by officers of the Hampton Police Department, the Webster City Police Department, and the Hamilton County Sheriff’s Office.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-MJ-176.

A woman, formerly the city clerk for Masonville, Iowa, who defrauded the city of more than $80,000, was sentenced on July 14, 2014, in federal court in Cedar Rapids.

Christine King, 42, from Strawberry Point, Iowa, received the prison term after a May 5, 2014, guilty plea to one count of mail fraud.

In a plea agreement, King admitted that, from July 2002 through October 2011, while working as the city clerk for the city of Masonville, she routinely issued herself fraudulent payroll and expense reimbursement checks.  King further admitted she included fraudulently inflated bank account balances for the city’s bank accounts on reports King provided to the city council and to the Auditor for the State of Iowa in order to prevent anyone from discovering her fraud.  At sentencing, the court determined King had defrauded Masonville of $81,524.24.  King also agreed she was responsible for an $11,070.57 bill from the Iowa State Auditor to Masonville for an audit of Masonville after King’s fraud was discovered.

King was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  King was sentenced to twenty-one months’ imprisonment.  A special assessment of $100 was imposed and she was ordered to make $82,594.81 in restitution to Masonville and $10,000 in restitution to an insurance company.  She must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

King was released on conditions previously set and is to surrender to the United States Marshal on August 4, 2014.

The case was prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Federal Bureau of Investigation. 

Court file information is available at https://ecf.iand.uscourts.gov/.  The case file number is 14-CR-2009.

A man who threatened a Dubuque woman with a gun after she refused to assist him in committing food stamp fraud at a Dubuque gas station was sentenced today to just under 5 years in federal prison.

Billy Evans, 23, from Milwaukee, Wisconsin, received the prison term after a April 15, 2014 guilty plea to possession of a firearm and ammunition as a felon.

According to court records and information disclosed at the sentencing hearing, Evans arrived in Dubuque from Wisconsin on January 16, 2014.  Upon his arrival in Dubuque, Evans walked to a gas station and attempted to persuade a woman at the gas station to use Evans’s food stamp card to purchase her items, and to give Evans her cash.  When the woman refused, Evans yelled at the woman while lifting the side of his jacket to show her that he was carrying a handgun in his waistband.  The altercation was captured by the store’s surveillance camera.

A second confrontation occurred after the woman left the gas station, prompting the woman to call 911. Police arrived and approached Evans as he walked away from the gas station. Upon seeing the officers, Evans fled on foot. The foot pursuit went several blocks, through backyards.  While he was running from the police, Evans discarded a loaded .25 caliber pistol, which officers found following the chase.  Evans was a felon at the time, having been convicted in Wisconsin of Operating a Vehicle without Consent and Attempted Armed Robbery.

Evans was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Evans was sentenced to 57 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Evans 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 Police Department. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/ login.pl.  The case file number is 14-CR-1007.

A man who conspired to distribute methamphetamine was convicted by a jury on July 8, 2014, after a 1 ½-day trial in federal court in Sioux City.

Joseph Tyler McDonald, 41, from Fort Dodge, Iowa, was convicted of one count of conspiracy to distribute methamphetamine and one count of possession with intent to distribute methamphetamine.  The verdict was returned following about 50 minutes of jury deliberations.  McDonald was previously convicted of conspiracy to distribute crack cocaine within 1000 feet of a school and possession with intent to distribute cocaine base.

The evidence at trial showed that McDonald was receiving packages via USPS containing methamphetamine from California that he distributed in the Fort Dodge, Iowa, area.  Law enforcement intercepted a USPS package being delivered to McDonald at a relative’s address from California in January 2014.  Law enforcement discovered and seized ½ pound of ice methamphetamine from the package. McDonald admitted to having received eight ounces of methamphetamine and eight ounces of cocaine by mail in the weeks preceding the noted seizure.    

Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared.  McDonald remains in custody of the United States Marshal and will remain in custody pending sentencing.  On both convictions, McDonald faces a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life imprisonment, a $20,000,000 fine, $200 in special assessments, and 10 years up to life of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the United States Postal Service, Iowa Department of Narcotics Enforcement, Fort Dodge Police Department, and Iowa Division of Criminal Investigations.  

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-3012.