Northern District of Iowa

An illegal alien from Mexico who assumed the identity of a United States citizen was convicted by a jury today, after a two-day trial in federal court in Cedar Rapids.

Juan Bautista-Rubio, age 21, an illegal alien from Mexico living in Cedar Falls, Iowa, was convicted of one count of aggravated identity theft.  The verdict was returned this afternoon following about two hours and thirty minutes of jury deliberations. Bautista-Rubio previously pled guilty on May 9, 2014, to one count of illegal re-entry into the United States following deportation and one count of unlawful use of a fraudulently acquired social security card and permanent resident card to gain employment in the United States.

The evidence at trial showed that Bautista-Rubio used a fraudulently acquired social security card and a fake lawful permanent resident alien card to obtain employment in Waterloo, Iowa, where he filled out an Immigration I-9 Form on April 5, 2012, falsely claiming to be a lawful permanent resident alien.  Immigration I-9 forms are required to be completed by all employees working within the United States.  Bautista-Rubio worked in Waterloo, Iowa, continuously from April 2012 through June 2013 and again from December 2013 through April 2014.  

On April 23, 2014, Bautista-Rubio was questioned by an agent with Homeland Security.  During that interview Bautista-Rubio admitted that he was present in United States illegally after being deported in 2011 and that he knowingly used the identification documents of a real person, including the name, date of birth, and social security number, to gain employment in the United States.  Bautista-Rubio told the agent that he specifically requested and obtained the identification documents of a real person to ensure that he could work here.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Bautista-Rubio remains in custody of the United States Marshal pending sentencing.  On the illegal re-entry count, Bautista-Rubio faces a possible maximum sentence of two years’ imprisonment.  On the use of identification documents count, Bautista-Rubio faces a possible maximum sentence of ten years’ imprisonment.  On the aggravated identity theft count, Bautista-Rubio faces a mandatory sentence of two years’ imprisonment.  In addition, on all counts, Bautista-Rubio faces fines of up to $750,000, $300 in special assessments, and five years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Daniel C. Tvedt and was investigated by the Department of Homeland Security. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-0052.

The U.S. Attorney’s Office for the Northern District of Iowa is asking people who were sickened by eggs produced by Quality Egg, LLC between about the beginning of 2010 and August 2010 to contact their office. 

On June 3, 2014, Quality Egg, LLC (also known as Wright County Egg) and two company officials pled guilty to a misdemeanor charge of introducing adulterated eggs into interstate commerce.  The charge resulted from Quality Egg, LLC’s sale of eggs contaminated with Salmonella Enteriditis between about the beginning of 2010 and August 2010. 

Anyone who was sickened during this time period from eggs distributed by Quality Egg, LLC is asked to visit the website for the U.S. Attorney’s Office, Northern District of Iowa, at: www.justice.gov/usao/ian or to contact Shari Konarske, Victim-Witness Coordinator, U.S. Attorney’s Office, Northern District of Iowa at (319) 363-6333 or at shari.konarske@usdoj.gov.   

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

Jamison Miller, age 41, from Mason City, Iowa, was convicted of one count of distribution of child pornography.

At the plea hearing, Miller admitted that, between September 2012 and April 2013, he distributed child pornography.  He also admitted that, in 2000, he was convicted of an offense relating to the possession of child pornography.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Miller remains in custody of the United States Marshal pending sentencing.  Miller faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $250,000 fine, a $100 special assessment, and supervised release for 5 years to life following his imprisonment.

This case is being 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 forcibly assaulted a security guard at the Social Security Administration Office in Cedar Rapids, Iowa, was sentenced on July 1, 2014, to more than two years in federal prison.

Howard Lamont Coakley, age 30, from Cedar Rapids, Iowa, received the prison term after a May 7, 2014, guilty plea to assaulting a person engaged in official federal duties.

At the guilty plea hearing, Coakley admitted that, on January 14, 2014, he forcibly assaulted a security guard who was working for the Social Security Administration in Cedar Rapids.  Coakley further admitted his assault caused bodily injury to the security guard.

Coakley was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Coakley was sentenced to 30 months’ imprisonment.  A special assessment of $100 was imposed.  He must also serve a one-year term of supervised release after the prison term.  There is no parole in the federal system.

Coakley 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 Protective Service. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-00017.

Two men have pled guilty to a federal methamphetamine charge connected with a building fire that occurred in Dubuque on February 20, 2014. 

John Starks Sr., age 46, and Casey Duhme, age 24, both of Dubuque, Iowa, were each convicted of conspiracy to manufacture methamphetamine near a school.  Duhme and Starks pled guilty in federal court in Cedar Rapids on June 25, 2014 and June 26, 2014, respectively.         

In their plea agreements, Starks and Duhme each admitted they agreed with others to manufacture methamphetamine from February 16 through February 20, 2014.  Both Starks and Duhme admitted obtaining pseudoephedrine during this time period, and Starks admitted he purchased lye.  The pseudoephedrine and lye were intended to be used in the manufacture of methamphetamine. 

According to Duhme’s plea agreement, Starks and Duhme were both involved in an attempt to cook methamphetamine in Starks’s apartment located on White Street.  The apartment was part of a multi-family apartment building located across the street from an elementary school.  The attempted cook caused a fire to erupt in the upstairs bathroom of Starks’s apartment during the early morning hours of February 20, 2014.  Starks sustained significant burns on his hands.  Within a couple minutes of the fire starting, Starks, Duhme, and a third person fled the apartment.  No one called 911 or alerted anyone about the fire.  Several minutes later, a police officer doing routine patrol noticed smoke coming from the apartment building and evacuated residents.  The roof of the apartment building collapsed shortly after the evacuation.  The building is no longer habitable.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after presentence reports are prepared.  Starks and Duhme both remain in custody of the United States Marshal pending sentencing.  They each face a mandatory minimum sentence of 1 year imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $2,000,000 fine, $100 in special assessments, and at least 6 years and up to a life term of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Justin Lightfoot and was investigated by the Dubuque Drug Task Force, the Dubuque Police Department, and the Dubuque Fire Department. 

Court file information is available at https://ecf.iand.uscourts.gov/ cgi-bin/login.pl.  The case file number is 14-cr-1009.

A man who failed to register as a sex offender was sentenced today to ten months in federal prison.

Kendall Woodall, age 35, of Cedar Rapids, Iowa, received the sentence after a March 24, 2014, guilty plea to one count of failing to register as a sex offender.  At the guilty plea hearing, Woodall admitted that he moved from Missouri to Iowa and did not register as a sex offender in Iowa.  Woodall was required to register because of his 2002 Missouri convictions for statutory rape and statutory sodomy.

Woodall was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Woodall was sentenced to ten months’ imprisonment.  A special assessment of $100 was imposed, and Woodall must also serve a five-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 United States Marshals Service and the Iowa Division of Criminal Investigation.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is CR 14-31.

Zackery Lee Smock, age 36, from Anamosa, Iowa, pled guilty to one count of attempted manufacture of methamphetamine by a drug felon near a school on July 1, 2014, in federal court in Cedar Rapids.

At the plea hearing, Smock admitted that, on March 7, 2014, he attempted to manufacture methamphetamine at a residence in Anamosa.  During the course of his manufacturing, he started a fire at the residence.  The residence was within 1000 feet of St. Patrick’s school in Anamosa.     

Sentencing before United States District Court Chief Judge Linda R. Reade  will be set after a presentence report is prepared.  Smock remains in custody of the United States Marshal pending sentencing.  Smock faces a mandatory minimum sentence of one year imprisonment and a possible maximum sentence of 60 years’ imprisonment, a $4,000,000 fine, a $100 special assessment, and at least six years of supervised release following any imprisonment. 

The case is being prosecuted by Special Assistant United States Attorney Lisa C. Williams and was investigated by the Anamosa Police Department, Anamosa Fire Department, Iowa Division of State Fire Marshal, and the Iowa Division of Narcotics Enforcement. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-cr-57.

Ronald Dwaine Carnes, age 69, from Waterloo, Iowa, has been charged with misuse of Social Security numbers, aggravated identity theft and possession of a firearm by a felon and fugitive from justice.  The charges are contained in a Complaint filed on June 23, 2014, in United States District Court in Cedar Rapids. 

The Complaint 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. 

Carnes appeared today in federal court in Cedar Rapids and was held without bond.  Carnes’ next appearance for a preliminary hearing is set for July 9, 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 Attorney Anthony Morfitt and was investigated by Social Security Administration, Office of the Inspector General, Office of Investigations.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-mj-157.

A woman who sold synthetic drugs commonly called “K2” and “bath salts” was convicted by a jury today after a 3-day trial in federal court in Cedar Rapids.

Mary Ramos, age 52, from Evansdale, Iowa, was convicted of distributing and possessing with intent to distribute a synthetic cannabinoid called XLR-11, and distributing and possessing with intent to distribute a synthetic cathinone called Alpha-PVP.  Ramos was acquitted of a charge of possessing a firearm in furtherance of the drug crime.  The verdict was returned this afternoon following about 6 hours of jury deliberations.

The evidence at trial showed that Ramos sold a drug called XLR-11 under various brand names including “Mr. Nice Guy,” “Mr. Happy,” “Diablo,” “Insane,” “Hydro,” “LOL,” and “777.”  XLR-11 is a synthetic cannabinoid similar to THC, but the substances were labeled as incense or potpourri.  Ramos also sold a drug called Alpha-PVP under the brand name “Blue.”  Alpha-PVP is a form of synthetic cathinone, which is a stimulant similar to methamphetamine or cocaine.  The “Blue” substance was labeled as scouring powder, and sold by Ramos for $50 per jar, despite the fact that Alpha-PVP has no cleaning properties.  Each jar of “Blue” contained less than half a gram of powder.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Ramos was taken into custody by the United States Marshal after the verdicts were returned and will remain in custody pending sentencing.  Ramos faces a possible maximum sentence of 80 years’ imprisonment, $4,000,000 in fines, $400 in special assessments, and a lifetime of supervised release following any imprisonment.

The case was 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; the Tri-County Drug Enforcement Task Force; the Federal Bureau of Investigation; the Department of Homeland Security; the Internal Revenue Service; and the Iowa Division of Criminal Investigation, Intelligence Division.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 13-CR-2034-LRR.

Blackhawk Lifecare Center, a skilled nursing facility in Lake View, Iowa, has agreed to pay $500,000 to resolve civil allegations that the facility, which utilized a third party therapy services provider, submitted or caused to be submitted improper therapy services claims for payment to the government.  The government did not allege that Blackhawk’s care resulted in patient harm or jeopardy to patients’ conditions.  As part of the settlement, Blackhawk did not admit to any liability or wrongdoing.       

Specifically, the government alleged that, between January 2007 and December 2009, Blackhawk submitted claims to the Medicare system for therapy services that were not justified by its residents’ conditions.  The government further alleged that, by including costs for the therapy services in cost reports submitted to the Medicaid program, Blackhawk erroneously submitted inflated cost reports.

“This agreement signifies the importance our office places on ensuring a fair marketplace for all participants in federal programs and that all participants abide by all applicable rules and regulations,” said Kevin W. Techau, United States Attorney for the Northern District of Iowa.  “We appreciate Blackhawk’s full cooperation throughout the investigation and its willingness to resolve the allegations without the public expenditure of costly resources to litigate the claims.”    

The allegations resolved by the settlement arose from an investigation led by the Department of Health and Human Services. 

A Waterloo man who imported MDMA (also known as “ecstasy” or “Molly”) he ordered through the internet was sentenced yesterday to more than 12 years in federal prison.

Adam Brian Lawin, age 23, from Waterloo, Iowa, received the prison term after a February 10, 2014, guilty plea to conspiracy to distribute MDMA.

In a plea agreement, Lawin admitted that he obtained the MDMA by utilizing the highly encrypted drug trafficking marketplace website, Silk Road.  Lawin also admitted he insulated himself from detection by law enforcement by having the packages delivered to friends or acquaintances, and paying those individuals a nominal fee (either a small amount of MDMA or cash) for delivering the packages to him.  During a search of Lawin’s Waterloo residence on April 26, 2013, law enforcement seized over 1.3 kilograms of MDMA, printed materials describing how to manufacture various drugs, and a draft of a book being authored by Lawin regarding the use of Bitcoin to purchase drugs through Silk Road.  During searches of other locations on the same date, officers seized over 250 grams of MDMA destined for Lawin.

Lawin was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Lawin was sentenced to 147 months’ imprisonment.  A special assessment of $100 was imposed, and Lawin was ordered to forfeit $100,000 in drug proceeds.  He must also serve a 5-year term of supervised release after the prison term.  There is no parole in the federal system.

Lawin 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 by the Department of Homeland Security, Homeland Securities Investigations, and the Tri-County Drug Enforcement Task Force. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is No. CR13-2040-1-LRR.

A woman who defrauded two insurance companies out of more than $170,000 in sales commissions was sentenced today to more than three years in federal prison.

Melissa Ilene Williams, age 46, from Dike, Iowa, received the prison term after a March 3, 2014, guilty plea to one count of mail fraud.

In a plea agreement, Williams admitted that, between about July 2011 and January 2012, while working as an insurance policy salesperson, she fraudulently obtained advanced sales commissions from two insurance companies.  Williams admitted she obtained the commissions by submitting fabricated life insurance applications to the companies in the names of persons who had not authorized and were unaware of the applications.  Williams admitted she secretly paid the initial premiums on the policies so that the insurance companies would not discover the applications were fraudulent. 

Williams was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Williams was sentenced to 41 months’ imprisonment to be followed by three years of supervised release.  Williams was ordered to make a total of $175,147.32 in restitution to the two victim insurance companies.  There is no parole in the federal system.

Williams 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 Peter Deegan and investigated by the Insurance Fraud Bureau of the Iowa Department of Commerce, Division of Insurance, 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 14-CR-25-LRR.

Sentencing Judge Finds Defendant Murdered Burglary Victim

Randy Patrie, age 41, from Charles City, Iowa, received a life sentence after a September 6, 2013, guilty plea to possessing sawed-off shotguns and being a felon in possession of firearms.  The court found at sentencing that he had used a sawed-off shotgun to commit a murder while stealing other firearms from the victim.

Evidence presented at a sentencing hearing in February 2014 showed that, in October 2012, Patrie burglarized the home of Ken Gallmeyer, located outside Nashua, Iowa.  Finding Gallmeyer asleep in his bed, Patrie shot Gallmeyer in the head with a sawed-off .410 gauge shotgun.  Patrie then ransacked the house in search of a large amount of cash Gallmeyer was rumored to have had in his house.  In July 2013, a Charles City Police Officer arrested Patrie for burglarizing his step-mother’s house.  In a search of Patrie’s house, officers found three firearms stolen from Gallmeyer, along with Gallmeyer’s large screen television and other property belonging to Gallmeyer.  Patrie was also found in possession of approximately 32 firearms, two of which had been stolen in March 2013 during a burglary of another residence near Gallmeyer’s house, and 22 of which had been stolen in May 2013 during a burglary of the Gilbert’s Sales Yard in Floyd, Iowa.  Among the firearms recovered from Patrie’s house was a .410 gauge sawed-off shotgun believed to have been the weapon Patrie used to murder Ken Gallmeyer. 

Patrie was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  After hearing the evidence during the February sentencing hearing, the Court took the case under advisement.  On June 12, 2014, the Court issued written findings of fact and made rulings on legal issues (Document 58).  In the written findings, the Court concluded Patrie had murdered Gallmeyer.  The Court found that Patrie qualified as an Armed Career Criminal, which carries a mandatory minimum of fifteen years and a maximum sentence of life imprisonment.  At today’s hearing, the Court heard victim impact statements, and then imposed sentence.  Patrie was sentenced to life imprisonment.  There is no parole in the federal system.

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

“This was a horrible crime,” said U.S. Attorney Techau.  “The sentence is just and will certainly ensure that Randy Patrie never inflicts such intolerable and unspeakable cruelty on anyone else again.  It is a measure of justice for Mr. Gallmeyer and his family.”

The case was prosecuted by Assistant United States Attorney C.J. Williams and investigated by the Iowa Division of Criminal Investigation, the Chickasaw and Floyd County Sheriff’s Offices, and the Charles City Police Department. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 13-2016.

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

Robert Baumhover, age 48, of Dubuque, Iowa, received the sentence after a March 31, 2014, guilty plea to one count of possession of child pornography.  At the guilty plea hearing, Baumhover admitted that he knowingly possessed child pornography.  In a plea agreement, Baumhover admitted he received child pornography between 2001 and 2013; he also admitted he possessed over 15,000 images of child pornography.

Baumhover was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Baumhover was sentenced to 148 months’ imprisonment.  A special assessment of $100 was imposed, and Baumhover 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 Dubuque County Sheriff’s Office, the Scott County Sheriff’s Office, Homeland Security Investigations, and the Iowa Internet Crimes Against Children Task Force.

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 14-1004.

Earl James Ramos, age 26, from Waterloo, Iowa, who managed a convenience store in Waterloo where he sold synthetic drugs commonly known as “bath salts” pled guilty today in federal court in Cedar Rapids.

Ramos was convicted of distributing pentedrone, an illegal controlled substance analogue under federal law.  The term “controlled substance analogue” refers to substances that are chemically similar to, and have substantially similar or greater effects on humans than substances in Schedule I or II.  “Controlled substance analogues” are illegal under federal law if intended for human consumption.  Pentedrone is in the class of substances commonly referred to as “bath salts,” and is a synthetic form of the Schedule I stimulant methcathinone. 

At the plea hearing, Ramos admitted he distributed pentedrone to another person in Waterloo on October 2, 2012.  He also admitted he knew the pentedrone was intended to be used for human consumption. 

According to information in the public court record, Ramos was the manager of the Five Star Snacks and I-Wireless store in Waterloo, Iowa.  Beginning in at least 2012, Ramos began selling synthetic controlled substances from the Five Star Snacks store and in other locations, upon request of certain customers.  The synthetic controlled substances included synthetic cannabinoids (commonly referred to as “K2,” “incense,” “potpourri,” “Spice,” among other names) and synthetic cathinones (commonly referred to as “bath salts”). sold synthetic cannabinoid products with the “brand” names of Mr. Nice Guy, KMA, 101, Caution, California Dreams, Diablo, Hydro Kush, King Kong, Mr. Happy, Insane, and Hydro 777.  Ramos sold synthetic cathinones under the “brand” names of “Diamond,” White Angel,” “Pump It,” and “Blue.”  The substance contained in the containers of “Diamond” and “Pump It” was pentedrone. The substances contained in the containers of “Blue” were α-PVP.  As of May 16, 2013, α-PVP became a Schedule I controlled substance. 

Court records also reflect that in May 2012 law enforcement seized “K2” products from the store.  At some point after this seizure, the store again began to sell the products, but kept them hidden from view and only sold to known individuals.

Ramos’s store and residence in Waterloo were searched in June 2013.  During the search, officers seized a total of 1294 packets of suspected synthetic cannabinoids and 418 units of suspected synthetic cathinones.  Ramos was again told by officers not to sell the synthetic controlled substances because it was against the law to do so.  Court records reflect that Ramos initially stopped selling synthetic controlled substances from Five Star Snacks.  In at least November 2013, however, Ramos again began selling the synthetic controlled substance products from the Five Star Snacks and I Wireless.  On December 23, 2013, January 3, 2014, and February 10, 2014, members of DNE and TCDETF again conducted controlled purchases of “bath salts” from Ramos at the Five Star Snacks/I Wireless in Waterloo, Iowa. 

On March 10, 2014, officers again conducted search warrants at Ramos’s residence and the Five Star Snacks and I Wireless.  During the searches, officers seized 19 packages of synthetic cannabinoids labeled “Diablo Platinum” and 87 containers of “Blue.”  Some of the packages of “Diablo Platinum” were located on a shelf in plain view on a shelf in the office area of the Five Star Snacks.  Officers also found Ramos’s loaded, 9 mm Ruger pistol on top of some cigar boxes within arm’s reach of the Diablo Platinum.  The “Diablo Platinum” was sent to the DCI laboratory, which determined the substance contained in the packages was XLR-11, a Schedule I controlled substance.  In all, officers found approximately 59.48 grams of XLR-11 in Ramos’s possession on March 10, 2014.  The DCI laboratory also determined that the containers of “Blue” (both purchased during the controlled buys and seized by officers during the March 10 search) contained approximately 32.0255 grams of the Schedule I Controlled Substance α-PVP.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Ramos was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing.  Ramos faces a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, $100 in special assessments, and up to a lifetime term 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 Tri-County Drug Enforcement Task Force; 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; the Federal Bureau of Investigation; the Department of Homeland Security; 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 CR14-2014-1-LRR.

Jacob Allen Mack, 24, from Cedar Rapids, Iowa, has been charged with one count of bank robbery.  ­The charge is contained in an Indictment filed on June 4, 2014, in United States District Court in Cedar Rapids. 

The Indictment alleges that, on or about May 2, 2014, Mack robbed the Hills Bank in downtown Cedar Rapids. 

If convicted, Mack faces a possible maximum sentence of twenty years’ imprisonment, a $250,000 fine, a $100 special assessment, and five years of supervised release following any imprisonment.­

Mack appeared on June 5, 2014, in federal court in Cedar Rapids and was held without bond.  Mack’s next appearance for trial is set for August 4, 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 the Cedar Rapids Police Department.

Court file information is available at https://ecf.iand.uscourts.gov.  The case file number is 14-CR-0060.

Company Also Pleads Guilty To Bribery Of Public Official And Introduction Of Misbranded Eggs

Quality Egg, LLC, Austin “Jack” DeCoster, and Peter DeCoster pled guilty today in federal court in Sioux City, Iowa, in connection with the distribution of adulterated eggs in interstate commerce.  As part of their plea agreements, the company and the two individuals admitted the company’s shell eggs were adulterated in that they contained a poisonous and deleterious substance, Salmonella Enteriditis, that may have rendered the eggs injurious to health.

Quality Egg, an egg production company with operations in Wright County, Iowa, pled guilty to one count of bribery of a public official, one count of introducing a misbranded food into interstate commerce with intent to defraud, and one count of introducing adulterated food into interstate commerce.  Austin “Jack” DeCoster, age 79, of Turner, Maine, and Peter DeCoster, age 51, of Clarion, Iowa, each pled guilty to one count of introducing adulterated food into interstate commerce. 

As part of its plea agreement, Quality Egg acknowledged that, on at least two occasions in 2010, its employees gave a cash bribe to an Inspector of the U.S. Department of Agriculture (“USDA”).  The USDA Inspector’s job responsibilities included inspecting shell eggs at one or more of Quality Egg’s production facilities in Iowa.  Quality Egg admitted its employees provided the bribe to the USDA Inspector (now deceased) in an attempt to corruptly influence the Inspector to exercise his authority to release pallets of retained eggs for sale without re-processing the eggs as required by law and USDA standards.  The eggs had been retained or “red tagged” for failing to meet minimum USDA quality grade standards.

On September 12, 2012, former Quality Egg employee Tony Wasmund, age 63, pled guilty to one count of conspiracy to bribe a public official, sell restricted eggs with intent to defraud, and introduce misbranded food into interstate commerce with intent to defraud and mislead.  Wasmund is scheduled to be sentenced before United States District Court Judge Mark W. Bennett on September 12, 2014, at 8:00 a.m.

Quality Egg also pled guilty to introducing misbranded eggs into interstate commerce with the intent to defraud.  As part of its plea agreement, Quality Egg admitted that, beginning no later than January 2006 and continuing through August 12, 2010, its employees affixed labels to egg shipments that indicated false expiration dates with the intent to mislead state regulators and retail egg customers regarding the true age of the eggs.  Quality Egg acknowledged that there were a number of ways that the company mislabeled older eggs with newer processing and expiration dates prior to shipping the eggs to customers in California, Arizona, and other states.  Sometimes Quality Egg personnel did not put any processing or corresponding expiration dates on the eggs when they were processed.  The eggs would be kept in storage for several days or up to several weeks.  Then, just prior to shipping the eggs, Quality Egg personnel labeled the eggs with processing dates that were false in that the dates were more recent than the dates that the eggs had actually been processed and with corresponding false expiration dates. 

As part of its plea agreement to the charge of introducing adulterated eggs into interstate commerce, Quality Egg admitted that, between about the beginning of 2010 and in or about August 2010, the company sold shell eggs that were adulterated in that they contained a poisonous and deleterious substance, Salmonella Enteriditis.  The company acknowledged that it produced, processed, held, and packed the contaminated eggs in Iowa and sold and caused the distribution of the eggs to buyers in states other than Iowa.

Austin “Jack” DeCoster and Peter DeCoster each pled guilty to one count of introducing adulterated eggs into interstate commerce. 

As part of his plea agreement, Austin “Jack” DeCoster admitted that he was the trustee of a trust that owned Quality Egg (also doing business as Wright County Egg, and Environ), and he exercised substantial control over the operations of Quality Egg and related entities and assets in Iowa.  Austin “Jack” DeCoster acknowledged that he was the person ultimately responsible for the operations of Quality Egg and the various egg facilities in Iowa associated with Quality Egg.   

Peter DeCoster, as part of his plea agreement, admitted that was the Chief Operating Officer of Quality Egg, and he exercised some control over the production and distribution of shell eggs by Quality Egg and related entities and assets in Iowa.  Peter DeCoster acknowledged he was one of the persons responsible for running the operations of Quality Egg and the various egg facilities in Iowa associated with Quality Egg. 

Both Austin “Jack” DeCoster and Peter DeCoster admitted that between about the beginning of 2010 and in or about August 2010, Quality Egg introduced and caused to be introduced into interstate commerce shell eggs that were adulterated, in that they contained a poisonous and deleterious substance, Salmonella Enteriditis.

Sentencing before United States District Court Judge Mark W. Bennett will be set after presentence reports are prepared.  Austin “Jack” DeCoster and Peter DeCoster remain free on bail pending sentencing.

On the bribery count, Quality Egg faces a sentence of probation for at least one and up to five years and a fine equal to the greater of three times the monetary equivalent of the thing of value given, offered, or promised as part of the offense, or $500,000.  Quality Egg also agreed to forfeit a money judgment of $10,000 representing proceeds of the bribery offense.

On the introducing misbranded eggs into interstate commerce with the intent to defraud count, Quality Egg faces a maximum sentence of probation for at least one and up to five years and a fine equal to the greater of twice the gross gain resulting from the offense, twice the gross loss resulting from the offense, or $500,000. 

On the introducing adulterated eggs in interstate commerce count, Quality Egg faces a sentence of probation for up to five years and a fine equal to the greater of twice the gross gain resulting from the offense, twice the gross loss resulting from the offense, or $100,000.

Austin “Jack” DeCoster and Peter DeCoster each face a maximum sentence of up to one year imprisonment or a term of probation of not more than five years; a fine equal to the greater of twice the gross gain or the gross loss resulting from the offense, or $100,000; and a term of supervised release after any imprisonment for up to one year.    

The case is being prosecuted by Assistant United States Attorney Peter Deegan of the U.S. Attorney’s Office for the Northern District of Iowa and Trial Attorneys Lisa Hsiao and Christopher Parisi of the Consumer Protection Branch of the Civil Division of the Department of Justice.  They were assisted by Associate Chief Counsel Michael Varrone of the Food and Drug Division, Office of General Counsel, Department of Health and Human Services.  The case was investigated by the Food and Drug Administration’s Office of Criminal Investigations, the United States Department of Agriculture Office of Inspector General, 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 14-CR-3024.

A man who shot someone in a bar fight was sentenced today to ten years in federal prison.

Tyrone Clifton, age 27, from Dubuque, Iowa, received the prison term after a March 11, 2014, guilty plea to one count of possession of a firearm by a felon.

In a plea agreement, Clifton admitted that on the morning of November 22, 2013, he was involved in an altercation in a Dubuque bar and shot someone.  Clifton fled before the police arrived but was apprehended later that day in a car with a loaded 9mm pistol.  Clifton had previously been convicted in Cook County, Illinois, of possession of a controlled substance with intent to deliver in 2005, possession of a controlled substance in 2006, delivery of a controlled substance in 2008, escape in 2008, and aggravated unlawful use of a weapon by a felon in 2011, all felony offenses.

Clifton was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Clifton was sentenced to 120 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.

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

The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Dubuque Police Department 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-1003.

A California man was sentenced today to 13 months in federal prison.

Chad Straub, 40, from Salinas, California, received the prison term after a February 7, 2014, guilty plea to one count of conspiring to distribute marijuana.

At the guilty plea, Straub admitted he conspired with other individuals to distribute marijuana. 

Straub was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Straub was sentenced to 13 months’ and one day 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.

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

The case was prosecuted by Assistant United States Attorneys Justin Lightfoot and Matthew J. Cole and investigated by the federal Drug Enforcement Administration. 

Court file information is available at ttps://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-00020.

A federal felon who was serving a six-year term of supervised release after being released from prison for drug trafficking was sent back to prison for three years when he was caught selling drugs again.

Floyd Neal, age 71, from Waterloo, Iowa, received the prison term after admitting during a revocation hearing on Tuesday, May 27, 2014, that he violated the terms and conditions of his supervised release.

During the hearing, Neal admitted that, while on supervised release, he failed to provide a urine sample as required, was residing with a felon against orders, and provided urine on April 23, 2014, that tested positive for cocaine.  The most serious violation, however, occurred on May 6, 2014, when the Iowa Division of Narcotics Enforcement and the Waterloo Police Department searched Neal’s apartment and car and found cocaine.  Neal admitted to the officers that he was involved in distributing cocaine.

Neal was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Neal was sentenced to 36 months’ imprisonment.  He must also serve a one-year term of supervised release after the prison term.  There is no parole in the federal system.

Neal 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 Iowa Division of Narcotics Enforcement, the Waterloo Police Department, and the United States Probation Office. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 97-cr-2012.

A man who sexually exploited two children was sentenced May 27, 2014, to 40 years in federal prison.

Nicholas Appleby, age 32, of Oxford Junction, Iowa, received the sentence after a December 26, 2013, guilty plea to one count of sexual exploitation of children and one count of possession of child pornography.  At the guilty plea hearing, Appleby admitted that, in 2011 and 2012, he persuaded, induced, and enticed two female minors to engage in sexually explicit conduct for the purpose of producing visual depictions of this conduct.  Defendant also admitted to possessing pornographic images of these minors.

Appleby was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Appleby was sentenced to 480 months’ imprisonment.  A special assessment of $200 was imposed, and Appleby 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 Jones County Sheriff’s Office and the Iowa Internet Crimes Against Children Task Force.

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 13-36.

A man who concealed assets from his creditors and the United States Bankruptcy Court pled guilty today in federal court in Cedar Rapids.

Jay Freese, age 51, from Montour, Iowa, was convicted of one count of concealment of bankruptcy assets.

In a plea agreement, Freese admitted that he filed for bankruptcy protection in September 2009, in the United States Bankruptcy Court in the Northern District of Iowa, in Cedar Rapids, Iowa.  As part of seeking that protection, Freese was required to disclose all of his assets.  Freese admitted that he did not disclose a Bobcat S175 skid loader or a Kubota tractor/loader.  Freese further admitted that, during a bankruptcy hearing, he falsely testified under oath that he had sold the Bobcat and Kubota.  In fact, Freese had never sold the Bobcat or Kubota and had retained possession of the equipment at all times, fraudulently concealing those assets with the intent to deceive his creditors, the bankruptcy trustee, and the United States Bankruptcy Court. 

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Freese remains free on bond previously set pending sentencing.  Freese faces a possible maximum sentence of five years’ imprisonment, a $250,000 fine, a $100 special assessment, 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 United States Trustee’s Office 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 14-CR-14-LRR.

A man who possessed child pornography pled guilty on May 27, 2014, in federal court in Cedar Rapids.

Jeremiah Romo, age 20, from Aplington, Iowa, was convicted of one count of possession of child pornography.

At the plea hearing, Romo admitted that, in July 2013, 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.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Romo remains in custody of the United States Marshal pending sentencing.  Romo faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, a $100 special assessment, and supervised release for 5 years to life following his imprisonment.

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation and the Butler 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 14-3011.

John Starks Sr., age 46, and Casey Duhme, age 24, both from Dubuque, Iowa, have been charged with multiple methamphetamine-related offenses connected to a building fire that occurred on February 20, 2014 in Dubuque.  The charges are contained in an Indictment unsealed in the United States District Court in Cedar Rapids. 

The Indictment alleges that, on or about February 20, 2014, Starks and Duhme attempted to manufacture methamphetamine within 1,000 feet of Prescott Elementary School in Dubuque.  The Indictment also alleges that Starks and Duhme conspired to manufacture methamphetamine, and that Starks possessed pseudoephedrine knowing it would be used to manufacture methamphetamine.

According to information disclosed in court, the attempted manufacture resulted in a fire at a multi-family apartment building.  The fire caused significant damage, causing the roof to collapse and rendering the building unlivable.  The building was located across the street from the elementary school.      

If convicted on all charges, Starks faces a mandatory minimum sentence of 1 year imprisonment and a possible maximum sentence of 120 years’ imprisonment, a $4,500,000 fine, $400 in special assessments, and at least 6 years and up to a life term of supervised release following any imprisonment.­

Duhme faces a mandatory minimum sentence of 1 year imprisonment and a possible maximum sentence of 80 years’ imprisonment, a $4,000,000 fine, $200 in special assessments, and at least 6 years and up to a life term of supervised release following any imprisonment.

Duhme and Starks have both appeared in federal court in Cedar Rapids.  Duhme appeared in court on May 13, 2014 and Starks appeared on May 22, 2014.  Both are being held in the custody of the United States Marshal pending their July 14, 2014 trial.  Duhme and Starks are scheduled to next appear for a status hearing at noon on June 18, 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 Dubuque Drug Task Force, the Dubuque Police Department, and the Dubuque Fire Department.

Court file information is available at https://ecf.iand.uscourts.gov/ cgi-bin/login.pl.  The case file number is 14-cr-1009.

A man who unlawfully possessed a firearm pled guilty today in federal court in Cedar Rapids.

Ramius Hardiman, age 21, from Cedar Rapids, Iowa, was convicted of 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.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Hardiman remains in custody of the United States Marshal pending sentencing.  Hardiman 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.

This case is being prosecuted as part of Project Safe Neighborhoods, a cooperative local, state and federal program aimed at the enhanced prosecution of gun crimes.  The case is being 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.

Zackery Lee Smock, age 36, from Anamosa, Iowa, has been charged with one count of attempted manufacture of methamphetamine by a drug felon near a school.  The charge is contained in an Indictment filed May 7, 2014, in United States District Court in Cedar Rapids. 

The Indictment alleges that, on or about March 7, 2014, Smock manufactured and attempted to manufacture methamphetamine within 1,000 feet of St. Patrick’s School in Anamosa.  According to information disclosed in court, Smock’s attempted manufacture of methamphetamine resulted in a house fire.  At the time of the fire, Smock and four other adults were in the house. 

If convicted, Smock faces a possible maximum sentence of 60 years’ imprisonment, a $4,000,000 fine, a $100 special assessment, and at least six years of supervised release following any imprisonment.­

Smock appeared May 22, 2014, in federal court in Cedar Rapids and was held without bond.  Smock’s next appearance for a detention hearing is set for May 27, 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 Lisa C. Williams and was investigated by the Anamosa Police Department, Anamosa Fire Department, Iowa Division of State Fire Marshal, and the Iowa Division of Narcotics Enforcement.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-0057.

Jeffrey Haydock, 57, from Watertown, Wisconsin, has been charged with three counts of bank robbery.  ­The charges are contained in an Indictment filed on April 23, 2014, in United States District Court in Cedar Rapids. 

The Indictment alleges that, on or about July 30, 2009, and again on or about November 12, 2009, Haydock robbed the First Federal Credit Union in Cedar Rapids.  The Indictment also alleges that, on or about February 17, 2010, Haydock robbed the Linn Area Credit Union in Cedar Rapids.

If convicted on all charges, Haydock faces a possible maximum sentence of seventy-five years’ imprisonment, a $750,000 fine, $300 in special assessments, and fifteen years of supervised release following any imprisonment.­

Haydock appeared today in federal court in Cedar Rapids and was held without bond.  Haydock’s next appearance for trial is set for July 21, 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 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 serving out the last few months of a sentence on federal drug charges was sent back to prison for twenty-one months when he walked away from the Gerald R. Hinzman re-entry center after testing positive for alcohol.

Brandon Devos, age 30, from Cedar Rapids, Iowa, received the prison term after a February 28, 2014, guilty plea to escape.

In a plea agreement, Devos admitted he was convicted on December 7, 2006, in the United States District Court for the Northern District of Iowa, of conspiracy to distribute heroin.  Devos was sentenced to 104 months in federal prison.  Toward the end of his prison sentence, Devos was transferred to the Hinzman Center, a residential re-entry center in Cedar Rapids, to help him transition back into society.  He was permitted to leave the center to find employment.  On December 14, 2013, Devos tested positive for alcohol when he returned to the center that day.  While the staff waited to perform a second breathalizer test, Devos walked away from the center without permission.  United States Marshals captured Devos two days later hiding at a residence in Iowa City.

Devos was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Devos was sentenced to twenty-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.

Devos is being held in the United States Marshal’s custody until he can be transported to a federal prison where he will finish serving out his prior prison sentence before starting his new prison sentence.

The case was prosecuted by Assistant United States Attorney C.J. Williams and investigated by 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-4-LRR.

A man who unlawfully possessed five stolen firearms as a convicted felon was sentenced today to more than seven years in federal prison.

Chase Mead, 31, from Cedar Rapids, Iowa, received the prison term after a March 18, 2014, guilty plea to one count of being a felon in possession of firearms and ammunition.

In a plea agreement, Mead admitted that, on June 14, 2013, he possessed two rifles and three handguns, all of which had previously been reported stolen.  Mead also admitted to possessing ammunition for each of the firearms.  Mead had previously been convicted of two felony offenses.  In 2003, he was convicted of forgery and, in 2008, he was convicted of manufacturing methamphetamine.  

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

Mead 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 Linn County Sheriff’s Office. 

Court file information is available at https://ecf.iand.uscourts.gov.  The case file number is 14-CR-00019.

A man who robbed the Solon State Bank in Ely, Iowa, pled guilty today in federal court in Cedar Rapids.

Robert Melton, 51, from Cedar Rapids, Iowa, was convicted of one count of bank robbery.

At the plea hearing, 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. 

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

The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was 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 possessed a sawed-off shotgun was convicted by a jury today after a two-day trial in federal court in Cedar Rapids.

Patrelle Jose Green-Bowman, age 21, from Waterloo, Iowa, was convicted of possessing a firearm as a felon and possessing an unregistered sawed-off shotgun.  Green-Bowman was acquitted of possessing ammunition as a felon.  The verdict was returned this afternoon following about three hours of jury deliberations.

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 sawed-off shotgun was found on the seat immediately behind where Green-Bowman had been sitting.  The sawed-off shotgun was wrapped in Green-Bowman’s coat.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Green-Bowman remains in custody of the United States Marshal pending sentencing.  Green-Bowman faces a possible maximum sentence of 10 years’ imprisonment on each count, $500,000 in fines, $200 in special assessments, and up to three years of supervised release on each count following any imprisonment.

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

A man who sexually exploited a child was sentenced May 9, 2014, to 30 years in federal prison.

James Jones, age 51, of Maysville, Missouri, received the sentence after a February 20, 2014, guilty plea to one count of sexual exploitation of a child.  At the guilty plea hearing, Jones admitted that, in 2010, he persuaded, induced, and enticed a 12-year-old female in Fayette County to take pictures of her genital area and send the pictures to him.  Jones previously had been convicted of taking indecent liberties with a child in North Carolina in 1981.

Jones was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Jones was sentenced to 360 months’ imprisonment, including credit for time served in a related state case.  A special assessment of $100 was imposed, and Jones 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 Federal Bureau of Investigation, the Fayette County Sheriff’s Office, and the DeKalb County, Missouri, 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 13-2038.

A man who distributed and possessed child pornography pled guilty on May 9, 2014, in federal court in Cedar Rapids.

Steven Risk, age 38, from Independence, Iowa, was convicted of one count of distribution of child pornography and one count of possession of child pornography.

At the plea hearing, Risk admitted that, between June 2011 and February 2013, he distributed child pornography.  He also admitted that, between October 2012 and February 2013, he possessed child pornography, including depictions of prepubescent children.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Risk remains in custody of the United States Marshal pending sentencing.  Risk faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $500,000 fine, a $200 special assessment, and supervised release for 5 years to life following his imprisonment.

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation, Homeland Security Investigations, 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 convicted felon who was found in possession of two stolen handguns was sentenced today to more than five years in federal prison.  Michael Rohrick, age 28, from Oelwein, Iowa, received the prison term after a February 24, 2014, guilty plea to one count of being a felon in possession of a firearm and ammunition.

In a plea agreement, Rohrick admitted that on November 1, 2013, when law enforcement officers searched his house while trying to arrest him for an outstanding warrant for distributing drugs, the officers found a stolen, loaded 9mm handgun, a scale, empty baggies, baggies containing marijuana, and drug use paraphernalia.  Three days later officers surrounded Rohrick in a cornfield.  While speaking with him in an attempt to get him to surrender to officers, he reported that he had another handgun hidden in his house.  Officers again searched his house and found a stolen .327 caliber revolver hidden in a vent.  Rohrick was prohibited from possessing firearms because he was a convicted felon, having been convicted in 2009 in the Iowa District Court for Fayette County of burglary.

Rohrick was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Rohrick was sentenced to 71 months’ imprisonment.  The court based the sentence, in part, upon Rohrick’s serious criminal history, which included multiple burglary convictions, and because he possessed the stolen handguns in connection with drug trafficking.  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.  Rohrick 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 was investigated by the Oelwein Police Department 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-2002.

A convicted drug felon who was found in possession of a stolen firearm was sentenced today to ten years in federal prison.  Joseph Griffin-Cooke, age29, from Cedar Rapids, Iowa, received the prison term after a February 6, 2014, guilty plea to one count of being a felon in possession of a firearm and ammunition.

In a plea agreement, Griffin-Cooke admitted that police approached him on October 2, 2013, at 4:00 am when they saw him driving in a suspicious manner in a neighborhood.  Griffin-Cooke refused to cooperate with officers, then began reaching under the seat of the car in which he was sitting.  Officers restrained Griffin-Cooke after a struggle in which one officer was injured.  In the car, near the area where Griffin-Cooke was reaching, officers found a stolen, loaded .380 caliber pistol, marijuana packaged for sale, and cash.  Griffin-Cooke was barred from possessing a firearm because he was a felon, having been convicted in 2007 in the Iowa District Court for Linn County of delivery of crack cocaine.

Griffin-Cooke was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Griffin-Cooke was sentenced to the statutory maximum sentence of 120 months’ imprisonment.  The court based the sentence, in part, upon Griffin-Cooke’s serious criminal history which included multiple violent assaults.  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.  Griffin-Cooke 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 was investigated by the Cedar Rapids Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  This case was a result of the Cedar Rapids Safe Streets Task Force and was in furtherance of the Project Safe Neighborhoods initiative.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 13-cr-90.

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 plead guilty May 7, 2014, in federal court in Cedar Rapids.

Abel Fajardo-Guizar, age 38, a citizen of Mexico, living in Cedar Rapids, Iowa, was convicted of 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.  On November 22, 2013, 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.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Fajardo-Guizar remains in custody of the United States Marshal pending sentencing.  On each unlawful use of identification documents conviction, Fajardo-Guizar 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.  On each aggravated identity theft conviction, Fajardo-Guizar faces a mandatory sentence of two years’ imprisonment, a $250,000 fine, $100 in special assessments, and one year of supervised release following any imprisonment.  Any sentence on the aggravated identity theft convictions must be served consecutive to any other sentence.

The case is being prosecuted by 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.

An illegal alien who possessed identification documents issued in the name of another real person was sentenced today to two years in federal prison.

Carlos Lopez-Pinto, age 36, a citizen of Mexico, living in Cedar Rapids, Iowa, received the prison term after a February 21, 2014, guilty plea to one count of unlawful possession of identification documents.

In a plea agreement, Lopez-Pinto admitted that on March 2, 2012, claiming to be a U.S. citizen, he possessed and used a Social Security card and its Social Security Number and a State of Minnesota Identification Card to apply for work in Iowa under the name of another real person.  Lopez-Pinto knew the Social Security Number had been issued to another real person as he had a copy of that person’s birth certificate.  The fraudulent Minnesota Identification Card with Lopez-Pinto’s picture had a fictitious identification number.

Lopez-Pinto was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Lopez-Pinto was sentenced to 24 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.

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

The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by 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 13-CR-97.

A felon who was apprehended after crashing a stolen vehicle while fleeing from police was sentenced today to more than eight years in federal prison after officers found a loaded stolen handgun in the vehicle.

Jacob Voshell, age 46, from Cedar Rapids, Iowa, received the prison term after a January 22, 2014, guilty plea to one count of being a felon in possession of a firearm.

In a plea agreement, Voshell admitted that, in the early morning hours of August 7, 2013, he fled from police in a stolen vehicle when officers tried to stop him for driving the wrong way on a one-way street.  Voshell eventually crashed the vehicle and attempted to flee on foot when he was arrested.  A search of the stolen vehicle revealed a police scanner, burglary tools, stolen license plates, personal use amounts of controlled substances, drug use paraphernalia, and a loaded, stolen, .380 caliber handgun.  Voshell was prohibited from possessing firearms because he was a felon, having been convicted in 1987 of Robbery in the First Degree and Sexual Abuse in the Second Degree. 

Voshell was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Voshell was sentenced to 105 months’ imprisonment.  The sentence was based, in part, on the fact Voshell recklessly endangered the lives of others while fleeing from the police.  The Court held that the sentence was to run consecutively to an undischarged sentence of seven years Voshell is serving for three other convictions imposed by the Iowa District Court for Linn County: 1) Theft 2nd Degree; 2) Theft 2nd Degree and Possession of Burglary Tools; and 3) Burglary 3rd Degree.  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.

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

The case was being prosecuted by Assistant United States Attorney C.J. Williams and was investigated by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Cedar Rapids Police Department.  This case was a result of the Cedar Rapids Safe Streets Task Force and was in furtherance of the Project Safe Neighborhoods initiative.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 13-cr-91.

A man who forcibly assaulted a security guard at the Social Security Administration Office in Cedar Rapids, Iowa, pled guilty today in federal court in Cedar Rapids.

Howard Lamont Coakley, 30, from Cedar Rapids, Iowa, was convicted of one count of assaulting a person engaged in official federal duties.

At the plea hearing, Coakley admitted he forcibly assaulted a security guard who was working for the Social Security Administration in Cedar Rapids.  Coakley further admitted his assault caused bodily injury to the security guard. 

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Coakley remains in custody of the United States Marshal pending sentencing.  Coakley faces a possible maximum sentence of twenty years’ imprisonment, a $250,000 fine, a $100 special assessment, 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 Federal Protective Service. 

Court file information is available at https://ecf.iand.uscourts.gov.  The case file number is 14-CR-00017.

United States Senators Tom Harkin and Chuck Grassley were on hand today at an investiture ceremony honoring Kevin W. Techau as the new U.S. Attorney for the Northern District of Iowa.  The ceremony took place shortly after noon at the federal courthouse in Cedar Rapids.

Senator Harkin recommended Techau for the position to President Barack Obama on March 25, 2013.  Techau was nominated by President Obama on November 7, 2013, and was confirmed by the full Senate on February 12, 2014.  Techau succeeds Stephanie M. Rose as the District’s presidentially appointed United States Attorney and Sean R. Berry as the District’s court appointed United States Attorney.  As U.S. Attorney, Techau serves as the nation’s top lawyer for matters arising in Northern Iowa.  Techau is the forty-fourth person to hold the position.

“I am honored and grateful for the opportunity to serve as the United States Attorney for the Northern District of Iowa.  I am committed to vigorous enforcement of our laws and maintaining the safety of the citizens of our District.  Our goal every day is to do justice in each and every case we handle,” Techau said.

“Throughout his career, Kevin Techau has proven to be a principled and dedicated public servant.  It is for that reason that I have supported him at every step of the way -- from recommending him to the White House, to supporting his confirmation in the U.S. Senate,” said Harkin.  “I know that as the U.S. Attorney for Iowa’s Northern District, he will continue to be committed to upholding the law and serving our state and country.”

Senator Grassley added, “Kevin’s reputation as a dedicated public servant is well-deserved.  I have every confidence that he will continue to serve Iowans faithfully and diligently.”

Techau most recently served as Associate General Counsel at American Equity Investment Life Insurance Company, where he worked since 2007.  Prior to that, Techau served as a Commissioner of the Iowa Department of Public Safety from 2002 to 2007 and as Director of the Iowa Department of Inspections and Appeals from 1999 to 2002.  He was an Assistant Federal Public Defender with the Iowa Federal Defender’s Office from 1996 to 1999 and worked in private practice at the law firm of Grefe & Sidney from 1992 to 1996. 

From 1985 to 1992, Techau served as a Judge Advocate with the United States Air Force.  After leaving active duty, he served with the Iowa Air National Guard from 1993 to 2011.  In 2011, he retired from the Iowa Air National Guard as a Colonel with 27 years of military service.  He was awarded the Legion of Merit Medal. 

Mr. Techau was born in Iowa City and graduated from Marion High School. He received his law degree in 1984 from the University of Iowa College of Law and his undergraduate degree in 1981 from the University of Iowa.

For a photograph, go to http://www.justice.gov/usao/ian/meetattorney.html.

A man, formerly the Vice President of Bartleson Masonry, Inc. in Forest City, Iowa, who embezzled more than $40,000 from an employee retirement plan, pled guilty today in federal court in Cedar Rapids.

Anthony Bartleson, 42, from Forest City, Iowa, was convicted of one count of embezzlement from an employee benefit plan.

In a plea agreement, Bartleson admitted that, while serving as the Vice President and Treasurer of Bartleson Masonry, Inc., he was responsible for withholding money from employees’ paychecks, which he was then supposed to forward to an investment company for deposit into each employee’s Individual Retirement Account.  Bartleson further admitted that in 2006, 2007, and 2008, while he withheld money from employees’ paychecks, he did not forward that money to the investment company, but, instead, he used the money for his own benefit, the benefit of others, and to pay business expenses for Bartleson Masonry, Inc.  Bartleson admitted he embezzled over $25,000 from the employee benefit plan by withholding money from paychecks and also admitted he embezzled more than $15,000 from the plan by failing to pay employer matching contributions to the benefit plan over the same time period. 

Sentencing before United States District Court Mark Bennett will be set after a presentence report is prepared.  Bartleson remains free on conditions of release set by the District Court.  Bartleson 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 Employee Benefits Security Administration of the U.S. Department of Labor. 

Court file information is available at https://ecf.iand.uscourts.gov/.  The case file number is 14-CR-3022.

A woman, formerly the city clerk for Masonville, Iowa, who defrauded the city of more than $30,000, pled guilty today in federal court in Cedar Rapids.

Christine Anne King, 42, from Strawberry Point, Iowa, was convicted of 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. 

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  King remains free on conditions of release previously set pending sentencing.  King faces a possible maximum sentence of twenty 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 Federal Bureau of Investigation. 

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

There will be an Investiture Ceremony for United States Attorney Kevin W. Techau on Friday, May 2, 2014, at 12:30 p.m., at the federal courthouse located at 111 Seventh Avenue SE, Cedar Rapids, Iowa.  U.S. Senators Tom Harkin and Chuck Grassley are scheduled to attend along with other honored guests. 

Credentialed members of the press are invited to use camera equipment during the ceremony.  Use of camera equipment is otherwise prohibited in the federal courthouse.

A Waterloo man who ran from police with a firearm was sentenced on April 25, 2014 to almost four years in federal prison.

Ted Alfonso Scott, Jr., 23, from Waterloo, Iowa, received the prison term after a February 4, 2014 guilty plea to possession of a firearm by a felon.

In a plea agreement, Scott admitted he possessed two separate 9 millimeter pistols in Waterloo.  In December 2013, the Waterloo Police Department responded to a report of shots fired.  An officer responding to the scene observed an individual the officer later identified as Scott running from the scene.  Police chased Scott as he ran up the external staircase of an apartment building with a pistol in his hand.  Scott was later arrested and admitted to possessing the gun, which was found in the staircase.  Scott also admitted he possessed a second firearm which officers found hidden in a Waterloo garage in July 2013.  Scott was a felon, having been convicted of Possession of Marijuana with Intent to Deliver in Black Hawk County in 2011.  Scott has a history of gang involvement.  

Scott was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  He 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.

Scott 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 Waterloo Police Department’s Violent Crime Apprehension Team (VCAT) and Watch III patrol, with assistance from the Black Hawk County Attorney’s Office. 

Court file information is available at https://ecf.iand.uscourts.gov/ cgi-bin/login.pl.  The case file number is 13-CR-2041.

Jonathan Curtis Youngbear, age 20, from the Meskwaki Nation Settlement, Iowa, has been charged with first degree murder within “Indian Country.”  The charge is contained in an Indictment filed on April 24, 2014, in United States District Court in Cedar Rapids. 

The Indictment alleges that, on or about February 24, 2014, Youngbear killed Severn Daniel Jefferson on the Meskwaki Nation Settlement near Tama, Iowa.  The Indictment alleges Youngbear killed Jefferson by stabbing him with a knife.

If convicted, Youngbear faces a mandatory sentence of life imprisonment.

Youngbear appeared today in federal court in Cedar Rapids and was held without bond.  Youngbear’s next appearance for trial is set for June 23, 2014.

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

In 2010, the Department of Justice launched an initiative making public safety in tribal communities a top priority.  The goal of the initiative is to help tribes build and sustain safe and secure communities across the country.  Information about the initiative is available at http://www.justice.gov/tribal.

The case is being prosecuted by Assistant United States Attorneys Peter Deegan and Anthony Morfitt and was investigated by the Meskwaki Nation Tribal Police, the Tama County Sheriff’s Office, the Iowa Division of Criminal Investigation, and the Federal Bureau of Investigation.

Court file information is available at https://ecf.iand.uscourts.gov/.  The case file number is 14-CR-46-LRR.

A Larchwood, Iowa man was sentenced April 22, 2014 to 10 years in federal prison.

DUANE MIDDLEN, age 56, from Larchwood, Iowa, received the prison term after a January 30, 2014, guilty plea to conspiracy to manufacture methamphetamine.

At the guilty plea, Middlen admitted that from no later than January 2012 and continuing until about September 2013, he was involved in a conspiracy to manufacture methamphetamine with many people.  Middlen and Durant Kruger had received pseudoephedrine pills as well as other items and in turn manufactured methamphetamine at Middlen’s residence.  Numerous persons purchased pseudoephedrine pills in Iowa, Minnesota, South Dakota and Nebraska, and in turn provided them to Middlen.  Middlen then manufactured methamphetamine within his residence and in buildings throughout property owned by Middlen, in Lyon County, Iowa.  During the conspiracy, methamphetamine was manufactured at least 500 times at Middlen’s property.

Middlen was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Middlen was sentenced to 120 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.

Middlen 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 Jack Lammers and investigated by the Iowa Division of Narcotics Enforcement and Lyon County Sheriff’s Office. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 13-4092.

A Cedar Rapids man who was the former owner of the Sound Shop, a Cedar Rapids business, was sentenced today to more than 3 years in federal prison.

Nels Nolan Nelson, 34, from Cedar Rapids, Iowa, received the prison term after a January 27, 2014, guilty plea to one count of conspiring to distribute and possession with intent to distribute marijuana.

At the guilty plea, Nelson admitted he conspired with other individuals to distribute marijuana and possessed marijuana with intent to distribute the drug. 

Nelson was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Nelson was sentenced to 41 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.

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

The case was prosecuted by Assistant United States Attorney Matthew J. Cole and investigated by the federal Drug Enforcement Administration. 

Court file information is available at ttps://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-00006.

A man who possessed a firearm after having been convicted of a felony offense was convicted by a jury yesterday, after a one-day trial in federal court in Cedar Rapids.

Billy Douglas Thorne, 57, from Mason City, Iowa, was convicted of one count of possession of a firearm by a felon.  The verdict was returned on April 17, 2014, following about one hour of jury deliberations.

The evidence at trial showed that on July 24, 2012, Thorne traded his dog for a .22 caliber rifle which he intended to use to shoot his son.  Fearing that police would arrive and find the gun in his residence, Thorne had others hide the gun in a Mason City park.  After Thorne was arrested on harassment charges, the gun was turned over to the police.  Thorne had previously been convicted in 1997 in the State of Florida of five counts of Burglary of a Dwelling and one count of Armed Burglary, all felony offenses.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Thorne remains in custody of the United States Marshal pending sentencing.  Thorne faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of life imprisonment, a $250,000 fine, $100 in special assessments, and five years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Daniel C. Tvedt and was investigated by the Bureau of Alcohol, Tobacco and Firearms, the Ankeny Police Department, and the Mason City Police Department. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 13-CR-3052.

A repeat sex offender who possessed child pornography was sentenced April 16, 2014, to 18 years in federal prison.

Kevin Ammerman, age 49, of Clarion, Iowa, received the sentence after a January 16, 2014, guilty plea to two counts of possession of child pornography.  Ammerman previously had been convicted of lascivious acts with a child in Wright County in 1985.  Ammerman also had been convicted of indecent contact with a child in Wright County in 2000.

Ammerman was sentenced in Sioux City by United States District Court Judge Mark W. Bennett.  Ammerman was sentenced to 216 months’ imprisonment.  A special assessment of $200 was imposed, and Ammerman 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 Homeland Security Investigations and the Wright 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 13-3048.

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

Brady Verlo, age 22, from West Branch, Iowa, was convicted of one count of distribution of child pornography.

At the plea hearing, Verlo admitted that, between June 2013 and December 2013, he distributed child pornography.  In a plea agreement, Verlo admitted that he distributed depictions of child pornography that previously had been transported to him through the Internet and cell phone messaging services.  In the plea agreement, Verlo also admitted that he possessed over 20,000 images and 900 videos of child pornography.

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

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by Homeland Security Investigations, the Iowa City Police Department, and the West Branch 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 14-9.