Northern District of Iowa

A man who used marijuana and possessed a firearm after being convicted of a felony offense was sentenced today to almost six years in federal prison.

Andre Kase, Jr., age 20, from Cedar Rapids, Iowa, received the prison term after a February 27, 2013, guilty plea to one count of possession of a firearm by a felon and unlawful user of marijuana.

At the plea hearing, Kase admitted that on October 8, 2012, Cedar Rapids police officers responded to a report of an attempted burglary in progress. Upon arriving in the area, officers found Kase in possession of a stolen Smith and Wesson .380 caliber handgun. Kase admitted that he was a marijuana user and that he had been convicted of Burglary on September 19, 2012. Kase was also convicted in March 2012 of Carrying Weapons in which he admitted shooting a man with a stolen gun during a drug deal.

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

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

This case was prosecuted as part of Project Safe Neighborhoods, a cooperative local, state and federal program aimed at the enhanced prosecution of gun crimes. The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and was investigated by the Cedar Rapids Police Department, the Bureau of Alcohol, Tobacco, and Firearms 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 CR 12-0084.

A marijuana user who unlawfully possessed a gun with an obliterated serial number was sentenced today to two years in federal prison.

Geromey Gilliand, age 23, from Dubuque, Iowa, received the prison term after a January 31, 2013, guilty plea to one count of possession of a firearm by an illegal drug user.

At the plea hearing, Gilliand admitted he was an unlawful user of marijuana on November 28, 2012, when police officers arrested him in Dubuque on an outstanding arrest warrant. During a search incident to arrest, officers found marijuana and a loaded .22 caliber pistol in Gilliand’s backpack. The serial number on the gun had been scratched off.

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

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

This case was prosecuted as part of Project Safe Neighborhoods, a cooperative local, state and federal program aimed at the enhanced prosecution of gun crimes. The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and was investigated by the Dubuque Police Department, the Dubuque Sheriff’s Office, 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 CR 12-1023.

Randy Beltramea, from Marion, Iowa, has been charged with two counts of wire fraud, three counts of money laundering, and one count of aggravated identity theft. The charges are contained in an Indictment filed on April 19, 2013, in United States District Court in Cedar Rapids.

The Indictment alleges that, beginning in or around 2009 and continuing through 2011, Beltramea executed a scheme to defraud others of money by soliciting approximately of $125,000 from them falsely representing to them the money would be used to invest in Subway restaurant franchises, when Beltramea actually intended and did use the money in relation to his own real estate development. In connection with this scheme, the Indictment alleges Beltramea laundered the proceeds of the fraud on three occasions to make payments to support his real estate development. The Indictment further alleges that, in inducing one of the victims to invest in Subway franchises, Beltramea used the name of another person, without that person’s permission, on a promissory note purporting to represent that person would repay the victim’s money.

If convicted on all counts, Beltramea faces a mandatory minimum sentence of two years’ imprisonment and a possible maximum sentence of 72 years’ imprisonment, a $1.5 million fine, $600 in special assessments, and 18 years of supervised release following any imprisonment.

Beltramea appeared on April 30, 2013, in federal court in Cedar Rapids and was released on bond pending trial. Trial in the matter is set for July 1, 2013.

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 C.J. Williams and was investigated by the Internal Revenue Service.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-CR-20.

Former Agriprocessors’ manager Hosam Amara is scheduled to appear today in federal court in Cedar Rapids following his extradition from Israel. According to Israeli authorities, Amara was arrested in Israel on March 31, 2011.

Hosam Amara, age 48, was first indicted on November 20, 2008. A July 16, 2009, superseding indictment charged Amara with one count of conspiracy to harbor undocumented aliens for profit, twenty-four counts of harboring and aiding abetting the harboring of undocumented aliens for profit, one count of conspiracy to commit document fraud, and one count of aiding and abetting document fraud.

If convicted, Amara faces up to ten years’ imprisonment on each of the conspiracy to harbor undocumented aliens for profit charge and the harboring undocumented aliens for profit charges, up to five years’ imprisonment on the conspiracy to commit document fraud charge, and up to ten years’ imprisonment on the document fraud charge. In addition, if convicted, Amara faces fines, special assessments, and supervised release following any imprisonment.

Amara’s first appearance in federal court in Cedar Rapids for an initial appearance and arraignment is set for today at 1:30 p.m.

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

The case is being prosecuted by Assistant United States Attorneys Peter Deegan, C.J. Williams, and Matthew Cole. The investigation has been led by Homeland Security Investigations with assistance from the Federal Bureau of Investigation. Prior assistance was provided by the United States Marshals Service; United States Postal Inspections Service; Iowa Department of Public Safety; Iowa Department of Transportation; Federal Protective Service; Internal Revenue Service – Criminal Investigations; United States Department of Labor; Public Health Service; United States Department of Agriculture; United States Environmental Protection Agency; Iowa Department of Natural Resources; Drug Enforcement Administration; Waterloo Police Department; and Postville Police Department.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 08-1324 LRR.

A Guatemalan man who illegally reentered the United States and unlawfully possessed ammunition pled guilty today in federal court in Cedar Rapids.

Armando Ramiro Garcia-Arenales, age 30, from Waterloo, Iowa, was convicted of one count of illegal reentry into the United States after deportation by an aggravated felon and one count of unlawful possession of ammunition by a felon and illegal alien.

The evidence showed that on March 1, 2013, Garcia-Arenales was arrested following a traffic stop by officers of the Waterloo Police Department. A search of Garcia-Arenales’ car uncovered numerous rounds of 9 mm ammunition. Garcia-Arenales had previously been convicted in 2005 in Clayton County, Iowa, of the felony offenses of delivery of cocaine and possession of cocaine with intent to deliver.

On March 13, 2013, officers from the Department of Homeland Security, Immigration and Customs Enforcement (ICE), determined that Garcia-Arenales had previously been deported in October 2008 and had not received permission to reenter the United States. Garcia-Arenales had been arrested in May 2008 in an immigration enforcement action at Agriprocessors in Postville, Iowa. He was convicted in the United States District Court for the Northern District of Iowa of use of a fraudulent alien registration card and ordered removed from the United States.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Garcia-Arenales remains in custody of the United States Marshal pending sentencing. Garcia-Arenales faces a possible maximum sentence of 20 years’ imprisonment on the illegal reentry charge and 10 years’ imprisonment on the ammunition charge, a $500,000 fine, $200 in special assessments, and 6 years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Daniel C. Tvedt and was investigated by officers from the Waterloo Police Department, and 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 CR 13-2008.

U.S. Attorneys for the Northern and Southern Districts of Iowa, Sean R. Berry and Nicholas A. Klinefeldt, announced that two individuals will be honored for outstanding service to crime victims in an awards ceremony. The awards will be presented during a National Crime Victims’ Rights Week Celebration which will be held on April 25, 2012 at the Jessie Parker Building, 510 E. 12th Street, Des Moines, Iowa, in the Iowa Department of Corrections Office’s Grant Room from 10:00 a.m. to 12:00 p.m. This year’s observance of National Crime Victims’ Rights Week runs from April 21 to April 27. This year’s theme, “New Challenges. New Solutions,” celebrates the spirit that will advance the progress these heroes achieved. It also captures the spirit and highlights the need for us to assist and serve each and every victim in need of hope and help.

The Continuous Service Award

United States Postal Inspector Tina Nobis will receive the Continuous Service Award, which recognizes a nominee who has provided help to victims for many years. Inspector Nobis has long been noted for her compassionate effort on behalf of hundreds of fraud victims.

The Single Act Award

Iowa Division of Criminal Investigation (DCI) Special Agent Mike Roehrkasse will receive the Single Act Award, which recognizes a nominee who has provided exceptional assistance to crime victims in a specific case. Special Agent Roehrkasse was the lead agent in a case involving two missing Iowa children. Special Agent Roehrkasse, while balancing the investigation of the missing children, provided constant support to the immediate families of the children. He frequently met with the families, at times on a daily basis, to notify them of the progress of the investigation. Special Agent Roehrkasse demonstrated unwavering compassion as he supported the families throughout the investigation.

The Law Enforcement Victim Service Awards are the highest federal honors in the State of Iowa for victim services provided by law enforcement. The awards are presented to law enforcement officers who have gone above and beyond the call of duty through their dedication and efforts to show compassion and caring for victims of crime. The awards are determined by the Federal Law Enforcement Victim Committee of the U.S. Attorneys’ Offices for the Northern and Southern Districts of Iowa. The committee consists of representatives from federal law enforcement agencies and federal and state victim service agencies.

“The U.S. Attorney’s Office is deeply committed to assisting victims of federal crimes, ensuring they are afforded their rights under the Crime Victims’ Rights Act, protecting them from further harm, and helping them reshape their futures,” said U.S. Attorney Nicholas Klinefeldt.

The Crime Victims’ Rights Act (CVRA), enacted in 2004, grants victims in federal criminal proceedings certain enforceable rights, including the right to be reasonably heard at public court proceedings and to receive full and timely restitution as provided by law. The U.S. Attorneys’ Offices in the Northern and Southern District of Iowa have a dedicated Victim Witness staff that serve federal crime victims across state’s 99 counties. The Victim Witness staff sends notices to victims of significant case events through the Department of Justice’s (DOJ) Victim Notification System (VNS). Such notices enable victims to participate in court proceedings and make their voices heard. According to Department of Justice Statistics, in Fiscal Year (FY) 2012, the U.S. Attorneys’ offices provided notice of over 12.2 million case events, including notices regarding criminal charges filed, plea hearings, bond hearings and sentencing hearings.

Notification of significant case events leads to increased victim participation in court proceedings. Court accompaniment helps ensure that victim participation in court proceedings is meaningful as Victim-Witness personnel can answer questions and explain the federal judicial process.

In addition to notification and court accompaniment, the U.S. Attorneys’ Offices Victim Witness staff provides essential services to victims, such as making referrals for counseling, securing temporary housing, assisting with access to victim compensation funds, and accompanying victims to court to provide support and guidance during the proceedings. These services provide tools victims need to reshape their futures.

U.S. Attorney Sean Berry said, “This week is a time to raise awareness about the rights and needs of crime victims, the challenges victims face in the recovery process, and the positive impact of those who provide services and support to victims.”

Further information about National Crime Victims’ Rights Week is available at http://ovc.ncjrs.gov/ncvrw/. Media wishing to attend the award presentation should contact Shari Konarske, at 319-361-0908 to arrange access to the event.

A Costa Rican citizen who harbored illegal alien workers by employing them as roofers in Iowa and elsewhere, and who laundered the proceeds of his criminal activity, was sentenced in federal court in Cedar Rapids on Thursday, April 18, 2013.

Luis Trejos, age 45, a permanent resident alien originally from Costa Rica, who most recently lived in Newnan, Georgia, was sentenced to serve 30 months in federal prison after having pleaded guilty on December 3, 2012, to one count of harboring and transporting illegal aliens, and one count of money laundering.

Trejos was sentenced in federal court in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. In addition to the 30 month prison sentence, Trejos was ordered to pay a special assessment of $200.00, and will be required to serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.

Evidence presented in the case showed Trejos had worked as a roofing contractor for several years in various communities across the country. In March 2012, Trejos agreed to perform roofing work for an eastern Iowa roofing company. Trejos arranged for workers to come to Iowa and work with him for the roofing company. These workers were neither lawfully present nor authorized to work in the United States. Trejos also hired other workers in Iowa who were not authorized to work in the United States. Trejos admitted he knew and recklessly disregarded the fact that the workers had come to and remained in the United States in violation of law. Trejos admitted he took no action to verify the legal status of the workers. Trejos also performed similar work for a company in Kentucky in 2012.

In sentencing Trejos, Judge Reade noted the broad scope of Trejos’s conduct and the role he played in organizing and managing the criminal activity.

Trejos will be held in United States Marshal’s custody pending transport to a federal prison.

The case was prosecuted by Assistant United States Attorney Richard L. Murphy and investigated by Homeland Security Investigations.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-CR-00061.

A man who made hundreds of harassing and threatening phone calls, emails, and other communications to Allamakee County, Iowa, judges, law enforcement officers, court employees, and others, was sentenced in federal court in Cedar Rapids on Tuesday, April 16, 2013.

Kenneth Haag, age 27, from Lansing, Iowa, was sentenced to serve 33 months in federal prison after having pleaded guilty on January 25, 2013, to one count of threatening, via an interstate telephone call, to injure another person.

Haag was sentenced in federal court in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Haag was also ordered to serve a three-year term of supervised release following completion of his term of imprisonment. While on supervised release, Haag will be prohibited from consuming alcohol or entering bars, taverns, or other establishments whose primary source of income is derived from the sale of alcohol. Haag will also be required to participate in mental health counseling or treatment; complete a program of substance abuse testing and treatment; and not have any direct or indirect contact with the victims of his criminal conduct.

In sentencing Haag, Judge Reade noted the threats he made were “particularly frightening” and not simply a “nuisance.” The court noted Haag sent hundreds of communications, and the communications were “very goal-directed” in that Haag was seeking redress for what he perceived to be prior wrongful criminal convictions. Evidence presented at the hearing showed many of the communications made by Haag were directed to judges, law enforcement officers, or to the victim involved in a 2004 Allamakee County criminal case against Haag that resulted in Haag pleading guilty to the crimes of criminal trespass and assault on a peace officer.

The case was prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by the Federal Bureau of Investigation, the Iowa Division of Criminal Investigation, and the Allamakee County Sheriff’s Office.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-1001.

A man who unlawfully possessed over thirty firearms and three pipe bombs while using methamphetamine was sentenced on April 16, 2013, to more than five years in federal prison.

Mark Snyder, 53, from Lisbon, Iowa, received the prison term after a January 4, 2013, guilty plea to one count of possessing firearms while unlawfully using methamphetamine.

At the guilty plea, Snyder admitted that, on about May 2, 2011, he possessed thirty-three firearms, over 150 rounds of ammunition, and three pipe bombs. Snyder also admitted that he was an unlawful user of methamphetamine at the time he possessed these items.
Snyder was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Snyder was sentenced to 71 months’ imprisonment and fined $10,000. A special assessment of $100 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.

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

The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Cedar County Sheriff’s Office, the Iowa Division of Narcotics Enforcement, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-97.

A husband and wife have been sentenced to federal prison April 17, 2013, for their roles in a bank robbing conspiracy that included four banks.

Jeffrey Alan Schoon, age 48, of Pocahontas, Iowa, received his prison term after a December 20, 2012, guilty plea; and Roxena Lee Schoon, age 40, formerly of Wall Lake, Iowa, received her prison term after a December 13, 2012, guilty plea. Jeffrey Schoon pled guilty to one count of conspiracy to commit bank robberies, one count of Possession of a Firearm in Furtherance of a Crime of “Violence, and four counts of Bank Robbery. Roxena Lee Schoon pled guilty to one count of conspiracy to commit bank robberies.

Information presented by the United States at their change of plea, and sentencing hearings revealed that during the conspiracy, Roxena Lee Schoon along with her husband Jeffrey Alan Schoon surveilled and robbed four banks that were each within 20 miles of their Wall Lake, Iowa home.

On or about December 29, 2011, they robbed the Iowa State Bank in Odebolt, Iowa. On or about January 11, 2012, they robbed the Citizens 1st National Bank in Early, Iowa. On or about January 28, 2012, they robbed the Westside State Bank in Vail, Iowa. On or about March 23, 2012, they robbed the Heritage Bank in Lytton, Iowa. Jeffrey Schoon actually entered each bank, while Roxena waited outside as the getaway driver.

In furtherance of their conspiracy to commit bank robbery the couple possessed a .38 revolver and ammunition for the firearm. During the conspiracy defendant Roxena Lee Schoon and Jeffery Alan Schoon also appeared to possess a Molotov Cocktail during the Vail robbery, and a second handgun during the Odebolt robbery. These weapons, if they existed, were never recovered.

On or about March 29, 2012 law enforcement executed a search warrant at the couples home and discovered a blue bag, gloves, a hoodie, masks, sunglasses, and blue jeans consistent with those used in the robberies, a $20.00 bill from one of the victim banks, a .22 caliber rifle, a .38 revolver and ammunition for the firearms.

Jeffrey Schoon and Roxena Schoon were sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Jeffrey Schoon was sentenced to 180 months’ imprisonment and Roxena Schoon was sentenced to 60 months’ imprisonment. Jeffrey was ordered to pay a $600 special assessment, and Roxena was ordered to pay a $100 special assessment. Jeffrey and Roxena were ordered to make $32,825 in restitution. Jeffrey must also serve a five-year term of supervised release after prison. Roxena must also serve a three-year term of supervised after prison. There is no parole in the federal system.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-4070.

The case was investigated by special agents and analysts of the United States Department of Justice’s Federal Bureau of Investigation and Bureau of Alcohol, Tobacco, Firearms, and Explosives; special agents, analysts, and Troopers of the Iowa Department of Public Safety; the Sheriffs and deputies of the Carroll, Crawford, Pocahontas, and Sac County Sheriffs’ Offices, officers of the Denison and Storm Lake Police Departments, members of the Iowa Law Enforcement Intelligence Network, and the Sac and Crawford County Attorney’s Office. The case was prosecuted by Assistant United States Attorney Forde Fairchild.

There will be a press conference regarding the sentencing in United States v. Jeffrey Alan Schoon and Roxena Lee Schoon, 12-CR-4070-MWB, at 12:00 p.m., at the United States Attorney’s Office located at the Ho-Chunk Center, 600 4th Street, 6th Floor, Sioux City, Iowa. Assistant United States Attorney Timothy Duax, Forde O. Fairchild, and Sheriffs and County Attorneys for Crawford and Sac Counties, will comment on the case.

Press releases and interview opportunities will be available.

United States Attorney’s Office staff will be available beginning at approximately 11:30 a.m. on April 17, 2013, to escort members of the press with any camera equipment to the conference room after clearing security.

Eight Mason City, Iowa, people who conspired to distribute methamphetamine pled guilty, in federal court in Cedar Rapids, Iowa.

Amy Marie Campbell, age 34, Freddy Lee Jones, age 23, Shelly Marie Rohrer, age 36, Stephen Lynn Collins, age 26, Slade Allen Smith, age 39, Amanda Marie Eldridge, age 33, Chad Michael Seger, age 35, and Corey Alan Gardner, age 33, all of Mason City, Iowa, have pled guilty to one count of conspiring to distribute methamphetamine. Campbell pled guilty March 28, 2013. Jones pled guilty April 3, 2013. Rohrer, Collins, Smith, Eldridge, and Seger, pled guilty April 4, 2013, and Gardner pled guilty April 5, 2013. Campbell, Seger and Gardner also pled guilty to one count of distributing methamphetamine; Jones and Eldridge also pled guilty to one count of possessing methamphetamine with intent to distribute; and Collins also pled to one count of possessing a firearm in furtherance of a drug trafficking crime.

During the conspiracy from November 20, 2011, through January 2013, Campbell, Jones, Rohrer, Collins, Smith, Eldridge, Seger, and Gardner were supplied methamphetamine by several sources, and were involved in the distribution of the methamphetamine. During October 2012 Campbell, Seger and Gardner each distributed methamphetamine to a confidential source. During a search in September 2012, Jones was found to be in possession of methamphetamine, which he intended to resell. During a search in November 2012, Eldridge was in possession of methamphetamine which she had obtained in Minnesota, which she intended to resell. During a traffic stop in November 2012 Collins was armed with a pistol which he used to protect himself in furtherance of his drug activity.

Gardner was previously convicted of a felony drug offense in Cerro Gordo County, Iowa, in April 2006.

Sentencing before United States District Court Chief Judge Linda Reade will be set after a presentence report is prepared. Eldridge, Seger, and Jones were taken into custody, and Rohrer, Gardner, Collins, Smith, and Campbell remain in the custody of the United States Marshal.

Campbell, Collins, Smith, and Eldridge, face a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, a $100 special assessment, and 10 years of supervised release following any imprisonment on the conspiracy charge, Gardner faces a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life imprisonment, a $20,000,000 fine, a $100 special assessment, and 20 years of supervised release following any imprisonment on the conspiracy charge, and Jones, Rohrer, and Seger face a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 40 years imprisonment, a $5,000,000 fine, a $100 special assessment, and 4 years supervised release following any imprisonment on the conspiracy charge. On the distribution charge Campbell and Seger face a possible maximum sentence of 20 years imprisonment, a $1,000,000 fine, a $100 special assessment, and 3 years supervised release following any imprisonment, and Gardner faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $8,000,000 fine, a $100 special assessment and 8 years of supervised release following any imprisonment. On the possess with intent to distribute charge Eldridge faces a mandatory minimum sentence of 5 years imprisonment and a possible maximum sentence of 40 years imprisonment, a $5,000,000 fine, a $100 special assessment, and 4 years supervised release following any imprisonment, and Jones faces a possible maximum sentence of 20 years imprisonment, a $1,000,000 fine, a $100 special assessment, and 3 years supervised release following any imprisonment. On the gun charge, Collins faces a mandatory minimum sentence of 5 years imprisonment and a possible maximum sentence of life imprisonment, to be served in addition to the punishment provided for the drug count, a $250,000 fine, a $100 special assessment and 5 years supervised release

The case is being prosecuted by Assistant United States Attorney Jack Lammers and was investigated by the North Central Iowa Narcotics Task Force, Cerro Gordo County Sheriff’s Office, Mason City Police Department, Clear Lake Police Department, Iowa Division of Narcotics Enforcement, and Iowa Division of Criminal Investigation.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-3004.

An illegal alien from El Salvador who used false identity documents to gain employment and falsely claimed to be an United States citizen was convicted by a jury today, after a two-day trial in federal court in Cedar Rapids.

Julian Reyes Ferrer-Hernandez, age 27, from Waterloo, Iowa, was convicted of one count of unauthorized use of a Social Security number not assigned to him, one count of unlawful use and possession of a fake social security card and fake permanent resident card to gain employment in the United States, one count of making a false claim of being a lawful permanent resident alien on an Immigration I-9 form, one count of falsely claiming to be an United States citizen, and one count of making a false statement regarding his employment during an interview with immigration officers. The verdict was returned this afternoon following about 90 minutes of jury deliberations.

The evidence at trial showed that on March 14, 2012, Ferrer-Hernandez was arrested in Waterloo, Iowa, for public intoxication. At the time of his arrest, Ferrer-Hernandez provided a Waterloo police officer with six different identity cards, including a fake social security card and a fake lawful permanent resident alien card. The permanent resident number was assigned to a Nigerian. Officers also seized two El Salvadoran identity cards and two fake California ID cards. Ferrer-Hernandez was born in, and is a citizen of, El Salvador.

Testimony showed that Ferrer-Hernandez used the fake social security card and the fake lawful permanent resident alien card to obtain employment in Waterloo, Iowa, where he filled out an Immigration I-9 Form on May 19, 2008, 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. Ferrer-Hernandez worked in Waterloo, Iowa, continuously from May 2008 through February 2012.

On April 16, 2012, Ferrer-Hernandez was questioned by an officer with Homeland Security. During that interview Ferrer-Hernandez first claimed he was born in El Salvador, then falsely claimed he was a United States citizen born in an unknown city in Texas. Ferrer-Hernandez also falsely stated that he had not been employed in the United States since 2005.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Ferrer-Hernandez remains in custody of the United States Marshal pending sentencing. Ferrer-Hernandez faces a possible maximum sentence of 33 years’ imprisonment, a $1,250,000 fine, $500 in special assessments, and 13 years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Daniel C. Tvedt and was investigated by officers from the Waterloo Police Department, the Black Hawk County Sheriff’s Office, and 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 CR 12-2012.

A man who possessed child pornography pled guilty on April 1, 2013, in federal court in Cedar Rapids.

Brandon Phinney, age 27, from Clear Lake, Iowa, was convicted of one count of possession of child pornography.

At the plea hearing, Phinney admitted that, between September 2010 and April 2011, he possessed child pornography on a computer. In a plea agreement, Phinney admitted that he possessed over 1,000 images of child pornography and that he used the Internet to trade child pornography with others.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Phinney was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Phinney faces a possible maximum sentence of 10 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 Clear Lake Police Department, the Mason City Police Department, and the Iowa Division of Criminal Investigation.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 13-3005.

A man who conspired to rob a South Sioux City, Nebraska, business, and a Sioux City, Iowa business pled guilty March 28, 2013, in federal court in Sioux City.

Christopher Bailey, age 20, from Sioux City, Iowa, was convicted of two counts of conspiracy to commit robbery, one count of robbery; one count of possessing a short-barreled rifle, one count of possessing a shoft-barreled shotgun; and two counts of possessing a firearm in furtherance of a crime of violence.

Information presented by the United States at the plea hearing revealed that on or about June 19, 2012, Christopher Bailey and five others conspired to, and actually did rob, Seoul Foods in South Sioux City, Nebraska. The men planned the robbery, assembled for the robbery, and armed themselves for the robbery in Sioux City, Iowa. The men also escaped to Sioux City, Iowa, after the robbery, where they divided the proceeds. The men used various weapons to rob Seoul Foods including a stolen rifle that one of the men shortened.

Seoul Foods was just about to close when it was robbed, and the owners and employees had their children inside their store with them. One of the children was just 4 years old.

On or about July 13, 2012, Christopher Bailey and three others – including two of the men with whom he robbed the Seoul Foods – conspired to and did actually rob Sarg's Mini Mart in Sioux City, Iowa. The foursome used a single firearm – a short barreled shotgun with an obliterated serial number – to commit the robbery. Before robbing Sarg’s the foursome had driven around the metro area searching for a victim-business. They considered banks and at least one other convenience store.

Co-defendants who have entered pleas are: David Johnson on January 4, 2013; Dustin Mathison on January 16, 2013; Rudy Johnson on February 20, 2013; Joshua Fields on February 26, 2013; and Terrence Miles and Austin Peters on March 26, 2013. Defendant, Paige Mathison’s next appearance is for trial on May 6, 2013, in the United States District Court, in Sioux City. As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.

Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared. Bailey remains in custody of the United States Marshal pending sentencing. On the conspiracy to commit robbery charges and the robbery charge, Bailey faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, a $100 special assessment, and three years of supervised release following any imprisonment. On the possession of a short-barreled rifle and short-barreled shotgun charges Bailey faces 10 years’ imprisonment, a $250,000 fine, a $100 special assessment, and three years of supervised release following any imprisonment. On the first charge of possession of a firearm in furtherance of a crime of violence, Bailey faces a mandatory minimum sentence of 10 years up to life imprisonment without the possibility of parole, a $250,000 fine, a $100 special assessment, and three years of supervised release following any imprisonment which must be served consecutive to any other sentence. On the second charge of possession of a firearm in furtherance of a crime of violence, Bailey faces a mandatory minimum sentence of 25 years up to life imprisonment without the possibility of parole, a $250,000 fine, a $100 special assessment and three years of supervised release following any imprisonment which must be served consecutive to any other sentence.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-4083.

This case was investigated by Special Agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; Officers of the Sioux City, Iowa, Police Department; and the South Sioux City, Nebraska Police Department. The case was prosecuted by Assistant United States Attorney Forde Fairchild.

A man who possessed with intent to distribute methamphetamine pled guilty March 26, 2013, in federal court in Sioux City.

Jeffrey Duane Krowiorz, II, 24, from Vail, Iowa, was convicted of possessing with intent to distribute methamphetamine. In 2007, Krowiorz was convicted twice of possession of precursors to manufacture methamphetamine.

At the plea hearing, Krowiorz admitted that on September 28, 2012, he possessed over 18 grams of actual (pure) methamphetamine and intended to distribute the methamphetamine to other persons. Krowiorz attempted to flee (on foot) when officers made contact with him regarding an outstanding arrest warrant. Krowiorz was apprehended a short distance away and officers seized from Krowiorz three separate baggies of methamphetamine concealed within a body spray container converted into a storage container.

Sentencing before United States District Court Judge Donald E. O’Brien will be set after a presentence report is prepared. Krowiorz was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Krowiorz faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $8,000,000 fine, a special assessment of $100, and at least eight years of supervised release following any imprisonment.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-4098.

A Sioux City couple who conspired to distribute methamphetamine were sentenced on March 27 and 28, 2013.

Mavis Juarez, 56, and William Sun, 50, both from Sioux City, Iowa, received the prison terms after November 26, 2012, guilty pleas to one count of conspiracy to distribute methamphetamine and one count of distributing methamphetamine.

At the guilty pleas, Juarez and Sun each admitted their involvement in a conspiracy from 2011 through April 2012 that distributed more than 50 grams of actual (pure) methamphetamine in Sioux City, Iowa, area. Each also admitted to distributing more than 15 grams of actual (pure) methamphetamine over the course of four separate transactions. These distributions occurred within 1000 feet of Dale Street Park in Sioux City.

Juarez and Sun were sentenced in Sioux City by United States District Court Judge Donald E. O’Brien. Juarez was sentenced to 90 months’ imprisonment and Sun was sentenced to 120 months’ imprisonment. A special assessment of $200 was imposed for each of them. They each must also serve a six-year term of supervised release after the prison term. There is no parole in the federal system.

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

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-4061.

An Indiana man who defrauded Iowa investors and an Iowa business was sentenced on March 27, 2013, to more than eight years in federal prison.

Lowell Gene “Bob” Hancher, age 59, from Sheridan, Indiana, received the prison term after an October 26, 2012, guilty plea to one count of wire fraud and one count of securities fraud.

In a plea agreement, Hancher admitted that, between about April 2005 and January 2010, he fraudulently obtained money from investors that was supposed to be invested in connection with a public stock offering. Some of the investors lived in northern Iowa. The purported stock offering was for Scott Contracting, Inc.; a privately-held utilities, asphalt and general contracting firm based in Henderson, Colorado. Hancher misappropriated a portion of the investors’ funds rather than investing the funds as promised.

Also in the plea agreement, Hancher admitted that, between about September 2009 and January 2010, he defrauded Cycle Country Accessories Corporation (Cycle Country); a publically-traded Nevada corporation with headquarters in Spencer, Iowa. Cycle Country designed and manufactured accessories for all-terrain vehicles and golf carts. Hancher was the chairman of Cycle Country’s board of directors. Hancher abused his board position to cause Cycle Country to give Hancher over $500,000 under the guise of a program to take Cycle Country private through a stock buyback. Hancher misappropriated the vast majority of the money provided for the buyback.

Hancher was sentenced in Cedar Rapids by United States District Court Judge Mark W. Bennett. Hancher was sentenced to 97 months’ imprisonment. A special assessment of $200 was imposed, and he was ordered to make $3,139,232.00 in restitution to the victims of his offenses. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.

Hancher was released on the bond previously set and is to surrender to federal authorities on a date yet to be set.

The case was prosecuted by Assistant United States Attorney Peter Deegan and was investigated by the Federal Bureau of Investigation in cooperation with the Chicago Regional Office of the Securities and Exchange Commission.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-4090 MWB.

A man who conspired to distribute crack cocaine was sentenced March 26, 2013, to more than 14 years in federal prison.

Christopher Ward-Malone, 23, from Chicago, Illinois, received the prison term after an October 29, 2012, guilty plea to conspiracy to distribute crack cocaine.

At the guilty plea, Ward-Malone admitted to conspiring to distribute more than 280 grams of crack cocaine from about 2010 through June 2012. Ward-Malone would obtain crack cocaine from sources in Sioux City, Iowa, and Omaha, Nebraska, and then distribute the crack cocaine to individuals in Sioux City, Iowa.

Ward-Malone was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Ward-Malone was sentenced to 170 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.

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

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-4068.

Two Iowa men who conspired to rob a South Sioux City, Nebraska, business pled guilty March 26, 2013, in federal court in Sioux City.

Terrence Miles, age 20, from Sioux City, Iowa, and Austin Peters aka Austin Stadler, age 19, from Nemaha, Iowa, were each convicted of one count of conspiracy to commit robbery, one count of possessing a short-barreled rifle, and one count of possessing a firearm in furtherance of a crime of violence.

Information presented by the United States at the plea hearing revealed that on or about June 19, 2012, Miles and Peters and others met to plan the robbery of Seoul Foods, in South Sioux City, Nebraska. Miles, Peters and others acquired firearms and other weapons in furtherance of the robbery in Sioiux City, Iowa. One of these firearms was a weapon made from a rifle with a modified overall length of less than 26 inches. They traveled with the firearms and other weapons from Sioux City, Iowa, to South Sioux City, Nebraska. Miles and Peters entered, surveilled and left Seoul Foods. Miles and others entered an additional time, to rob the store, with Peters serving as lookout and getaway driver during the robbery.

Miles and others removed money and property from Seoul Foods, and then traveled to Sioux City, Iowa, after the robbery, and divided the stolen goods and money in Sioux City.

Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared. Miles and Peters remain in custody of the United States Marshal pending sentencing. On the conspiracy to commit robbery charge, Miles and Peters each face a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, a $100 special assessment, and three years of supervised release following any imprisonment. On the possession of a short-barreled rifle charge, Miles and Peters each face 10 years’ imprisonment, a $250,000 fine, a $100 special assessment, and three years of supervised release following any imprisonment. On the charge of possession of a firearm in furtherance of a crime of violence, Miles and Peters each face a mandatory minimum sentence of 10 years up to life imprisonment without the possibility of parole, a $250,000 fine, a $100 special assessment, and three years of supervised release following any imprisonment which must be served consecutive to any other sentence.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-4083.

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

A man who robbed a bank in Sioux City, Iowa pled guilty March 27, 2013, in federal court in Sioux City.

Johnnie Hawkins, age 27, from Sioux City, Iowa, was convicted of one count of bank robbery.

Information presented by the United States at the plea hearing revealed that on November 10, 2012, Hawkins, who had previously been convicted of Burglary in 2004, robbed the Heritage Bank at 4530 Singing Hills Blvd in Sioux City, Iowa, of $5,954.00. While committing the robbery, Hawkins brandished a loaded .40 caliber semi-automatic handgun, and threatened and physically restrained a bank teller. It was also determined the handgun was stolen.

In addition, throughout the fall of 2012, Johnnie Hawkins trafficked and distributed illegal drugs in and around Sioux City, Iowa.

Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared. Hawkins remains in custody of the United States Marshal pending sentencing. Hawkins faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, $100 in special assessments, and three years of supervised release following any imprisonment.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-4116.

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

A Waterloo college student who was selling crack cocaine was sentenced on March 26, 2013 to seven years in federal prison.

Ryan Stevenson, 25, from Waterloo, Iowa, received the prison term after a November 7, 2012 guilty plea to the distribution of crack cocaine.

At the guilty plea, Stevenson admitted he distributed crack cocaine in January 2012. The distribution was one of multiple crack cocaine sales made by Stevenson to a confidential informant. Stevenson’s two-year old child was present in his home during one of the sales.

Stevenson was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Stevenson was sentenced to seven years’ imprisonment, which was ordered to run consecutive to a sentence Stevenson received in state court for an OWI conviction. 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.

Stevenson 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 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 12-CR-2023.

A man who conspired to manufacture and distribute methamphetamine was sentenced March 14, 2013, to more than 16 years in federal prison.

Kevin Eugene Peterson, 45, from Duncombe, Iowa, received the prison term after a December 12, 2012, guilty plea to conspiracy to manufacture and distribute methamphetamine. Peterson has at least six prior felony drug convictions.

At the guilty plea, Peterson admitted that from January 2010 through August 2012 he conspired with others to manufacture and distribute at least 150 grams of actual (pure) methamphetamine. Peterson also admitted that on January 22, 2012, he manufactured methamphetamine; and on April 23, 2012, he distributed methamphetamine to an individual cooperating with law enforcement.

Peterson was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Peterson was sentenced to 198 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 10-year term of supervised release after the prison term. There is no parole in the federal system.

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

The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Division of Narcotics Enforcement, Webster City Police Department, Hamilton County Sheriff's Office, and the Iowa Division of Criminal Investigation.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-3039.

A man who conspired to distribute methamphetamine was sentenced March 14, 2013, to more than six years in federal prison.

Esmelin Belloso-Valle, 49, from Sibley, Iowa, received the prison term after a September 20, 2012, guilty plea to conspiracy to distribute methamphetamine and distribution of methamphetamine.

At the guilty plea, Belloso-Valle admitted his involvement in a conspiracy from 2011 through April 2012 that distributed more than 150 grams of actual (pure) methamphetamine. On one occasion in February 2012, once in March 2012, and once in May 2012, Belloso-Valle along with others involved in the conspiracy distributed more than 200 grams of actual (pure) methamphetamine during controlled drug transactions with law enforcement. One of these distributions occurred within 1000 feet of Dale Street Park in Sioux City, Iowa. During the execution of a search warrant, law enforcement officers located over 208 grams of actual (pure) methamphetamine that was for future distribution as part of the conspiracy.

Belloso-Valle was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Belloso-Valle was sentenced to 81 months’ imprisonment. A special assessment of $200 was imposed. He must also serve an 8-year term of supervised release after the prison term. There is no parole in the federal system.

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

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-4060.

Keith Rath, 52, from Shellsburg, Iowa, has been charged with eight counts of preparing and presenting fraudulent tax returns. The charges are contained in an Indictment unsealed on March 22, 2013, in United States District Court in Cedar Rapids.

The Indictment alleges that, between about January 2008 and March 2010, Rath prepared and filed eight fraudulent tax returns.

If convicted on all charges, Rath faces a possible maximum sentence of 24 years’ imprisonment, an $800,000 fine, $800 in special assessments, and eight years of supervised release following any imprisonment.

Rath appeared on March 22, 2013, in federal court in Cedar Rapids and was released on conditions of supervision. Rath’s next appearance for trial is set for May 20, 2013.

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 Internal Revenue Service.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-0012-LRR.

Alvin Stanley Briggs, Jr., age 50, from Dubuque, Iowa, has been charged with one count of distribution of heroin resulting in death and four counts of distribution of heroin near a school and a playground. The charges are contained in an Indictment unsealed today in the United States District Court in Cedar Rapids.

The Indictment alleges that, on or about July 3, 2012, Briggs distributed heroin to an individual identified as S.R., and that S.R.’s death resulted from use of the heroin. The Indictment also charges that on four different days in January and February 2013, Briggs distributed heroin within 1,000 feet of Prescott Elementary School and Jackson Park in Dubuque.

If convicted on all charges, Briggs faces a possible mandatory minimum sentence of 24 years’ imprisonment and a possible maximum sentence of life imprisonment, a $9,000,000 fine, $500 in special assessments, and up to a lifetime term of supervised release following imprisonment.

Briggs appeared today in federal court in Cedar Rapids and was held without bond. Briggs’s next appearance, for a detention hearing, is set for Wednesday, March 27, 2013, at 4:30 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 Dan Chatham and was investigated by the Platteville, Wisconsin, Police Department, and the Dubuque, Iowa, Drug Task Force.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 2:13-CR-01004-LRR.

A man who made a false statement to a U.S. Postal Inspector conducting a fraud investigation was sentenced today to more than one year in federal prison.

Raymond Cortez, age 65, from Cedar Rapids, Iowa, received the prison term after a December 11, 2012, jury verdict finding him guilty of one count of making a material false statement in a matter within the jurisdiction of the United States.

Evidence at trial showed that, on November 20, 2007, Cortez lied to a U.S. Postal Inspector during an interview. The Postal Inspector asked Cortez whether his vehicle, a black Hummer, was involved in a chase of a young man the month prior on First Avenue in Cedar Rapids. Cortez falsely denied knowing anything about the chase. The evidence at trial showed Cortez was the driver of the Hummer during the chase. The chase was being investigated because the occupants of the Hummer were attempting to retrieve a $3,323.00 federal student aid check from the young man. Some of the occupants of the Hummer had fraudulently obtained the check as part of a scheme to defraud the United States out of student loan funds.

Cortez was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Cortez was sentenced to twenty-one months’ imprisonment to be followed by three years’ supervised release. A special assessment of $100 was also imposed. There is no parole in the federal system.

At the sentencing hearing, Chief Judge Reade said Cortez had “no respect for the law.” Judge Reade enhanced Cortez’s sentence for perjuring himself during his testimony at trial. Regarding Cortez’s trial testimony, Judge Reade added Cortez had “no respect for the oath.”

Cortez was released on the bond previously set and is to surrender to the United States Marshal on April 15, 2013.

The case was prosecuted by Assistant United States Attorney Peter Deegan and was investigated by the United States Postal Inspection Service and the United States Department of Education.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-74 LRR.

Ryan Gene Hansen, 31, from Algona, Iowa, has been charged with conspiracy to distribute methamphetamine. The charges are contained in a complaint filed on March 18, 2013, in United States District Court in Sioux City.

The Complaint alleges that, from about 2012 through March 2013, Hansen conspired to distribute methamphetamine in the Algona, Iowa, area.

If convicted, Hansen faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, a special assessment of $100, and a term of supervised release from five years to life following any imprisonment.

Hansen appeared March 18, 2013, in federal court in Sioux City and was held without bond.

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 Shawn S. Wehde and was investigated by the Kossuth County Sheriff’s Office.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-76.

A man who received and possessed child pornography was convicted by a jury today after a four-day trial in federal court in Cedar Rapids.

James Sumner, age 49, from Cedar Rapids, was convicted of one count of receipt of child pornography and three counts of possession of child pornography. The verdict was returned this morning following about six hours and thirty minutes of jury deliberations.

The evidence at trial showed that, between 2007 and 2008, Sumner used the Internet to download child pornography. The evidence also showed that, between 2007 and 2011, Sumner possessed child pornography on CDs at his residence in Cedar Rapids.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Sumner was taken into custody by the United States Marshal after the verdict was returned and will remain in custody pending sentencing. Sumner faces a mandatory minimum sentence of five years’ imprisonment and a possible maximum sentence of fifty years’ imprisonment, $1,000,000 in fines, $400 in special assessments, and at least five years and up to life on supervised release following any imprisonment. He also will be required to register as a sex offender.

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

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-92.

A man who received child pornography was sentenced March 14, 2013, to 14 years in federal prison.

Kevin Perrin, age 49, formerly of Osage, Iowa, received the sentence after a December 21, 2012, guilty plea to one count of receiving child pornography. In a plea agreement, Perrin admitted he knowingly used the Internet to receive and distribute child pornography.

Perrin was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Perrin was sentenced to 168 months’ imprisonment. A special assessment of $100 was imposed, and Perrin 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 Mitchell County Sheriff’s Office and the Clinton 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 12-2030.

A woman who assisted in the manufacture of methamphetamine that caused a fire in a home she was renting was sentenced on March 15, 2013, to just less than six years in federal prison.

Dawn Richey, 36, from Dubuque, Iowa, received the prison term after a December 7, 2012 guilty plea to aiding and abetting the attempted manufacture of methamphetamine near a school. Richey becomes the third person to serve federal prison time related to the incident.

Information from Richey’s guilty plea and sentencing revealed that Richey allowed Julie Uhrig, also of Dubuque, to manufacture methamphetamine in the basement of Richey’s residence on Windsor Avenue in Dubuque on February 15, 2012. Richey admitted that she assisted Uhrig in the manufacturing process. The attempted manufacture caused a fire to erupt in the residence. Richey’s minor child was present in the residence at the time. The residence was located within 1,000 feet of Audubon Elementary School.

Richey was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Richey was sentenced to 70 months’ imprisonment. A special assessment of $100 was imposed and she was ordered to make $142,062.41 in restitution to the owner of the Windsor residence that she had been renting. She must also serve a six-year term of supervised release after the prison term. There is no parole in the federal system.

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

Two other individuals have also been sent to federal prison in connection with the February 15, 2012 incident. Uhrig pled guilty on September 11, 2012 to the attempted manufacture of methamphetamine near a school. She was sentenced on January 3, 2013 to 136 months’ imprisonment. Nickolas Clark, Richey’s fiancé at the time of the incident, pled guilty on September 24, 2012 to misprision of a felony as a result of false statements he intentionally made to investigators concerning the attempted manufacture. Clark was sentenced on January 16, 2013 to 33 months’ imprisonment.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number for Richey is CR 12-1021. Uhrig’s case file number is CR 12-1014, and Clark’s case file number is CR 12-1019.

A Colorado man who conspired to distribute methamphetamine in Iowa was sentenced March 15, 2013, to more than seven years in federal prison.

Javier Torres, 30, from Denver, Colorado, received the prison term after an October 24, 2012, jury verdict finding him guilty of conspiracy to distribute methamphetamine. Torres was previously convicted of possession with intent to distribute a controlled substance - cocaine, a felony, in the Colorado District Court for Adams County, on November 4, 2011.

Evidence at trial showed that Torres was involved in a conspiracy to distribute at least 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine from 2009 through about August 2010. Torres transported methamphetamine from sources in Colorado to individuals in Iowa who would then distribute the methamphetamine to a number of different people in Iowa.

Torres was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Torres was sentenced to 85 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a four-year term of supervised release after the prison term. There is no parole in the federal system.

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

The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Division of Narcotics Enforcement, North Central Iowa Drug Task Force, Iowa Division of Criminal Investigation, Fort Dodge Police Department, Mason City Police Department, Webster County Sheriff’s Office, Cerro Gordo County Sheriff’s Office, Franklin County Sheriff’s Office, Wright County Sheriff’s Office, and Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; United States Immigration and Customs Enforcement; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 11-3014.

A North-Iowa man pled guilty yesterday in federal court in Cedar Rapids to two fraudulent schemes, one involving the fabrication of fictitious grain elevator tickets, and another involving lying to the bankruptcy court about proceeds from the sale of a combine. He also admitted impeding the Internal Revenue laws.

Michael Recker, age 47, from Arlington, Iowa, was convicted of one count of conspiring to fabricate false grain elevator scale tickets, one count of bankruptcy fraud, and one count of interfering with Internal Revenue laws.

At the plea hearing and in a written plea agreement, Recker admitted that in 2008 and 2009, he bribed an employee of a Northern Iowa grain elevator to create false and fictitious grain elevator scale tickets. During the conspiracy, the employee fabricated eight false grain elevator tickets, accepting thousands of dollars in bribes from Recker in exchange. The grain elevator paid Recker more than $20,000 based on the false grain elevator tickets. Recker also admitted that he had sold a combine at auction for approximately $50,000.00 prior to filing for bankruptcy protection in the United States Bankruptcy Court for the Northern District of Iowa. In bankruptcy documents, Recker did not disclose the proceeds still owed to him by the auction company and when questioned about the proceeds, Recker lied to the court, claiming he never owned the combine or had an interest in its proceeds. Finally, Recker admitted that he tried to obstruct or impede the administration of the Internal Revenue laws by trying to hide and conceal his taxable income by, among other ways, having the checks from the grain elevator fraud made payable to his then-girlfriend and passing them, and the bribes, through a bank account established in her name.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Recker remains free on bond pending sentencing. Recker faces a possible maximum sentence of thirteen years’ imprisonment, a $750,000 fine, $300 in special assessments, and seven 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 Department of Agriculture Office of Inspector General and the Internal Revenue Service Criminal Investigation Division.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-cr-2027-LRR.

A woman who conspired to manufacture and distribute methamphetamine was sentenced March 6, 2013, to fourteen years in federal prison.

Alicia Mofle, 25, from Webster City, Iowa, received the prison term after a November 8, 2012, guilty plea to one count of conspiracy to manufacture and distribute actual (pure) methamphetamine; one count of manufacturing or attempting to manufacture actual (pure) methamphetamine within 1000 feet of a protected location, namely Nakomis City Park, Webster City, Iowa.

At the guilty plea, Mofle admitted that from January 2012 through May 2012, he and others manufactured at least 50 grams of actual (pure) methamphetamine. According to pseudoephedrine purchase logs and prescription records obtained in the investigation, starting in January 2012 through May 2012, Mofle acquired more than 158 grams of pseudoephedrine for the manufacture of methamphetamine which included 100 grams of pseudoephedrine purchased through prescription. On April 24, 2012, law enforcement officers executed a search warrant at Kern’s residence. Officers seized multiple reaction vessels from the basement of the residence and outside trash indicative of a methamphetamine manufacturing lab. Officers also seized 11 prepackaged baggies of methamphetamine totaling 3.5 grams, ½ gram of methamphetamine was “drying” and 1 bag (½ gram) was found on the ground outside the residence, for a total of 4.5 grams of methamphetamine.

The evidence established that Mofle’s 4-5 year old child had been present when Mofle and others used methamphetamine as well as when methamphetamine manufacturing took place at the residence, thereby exposing the child to a substantial risk of harm to the, including the harm from toxic chemical fumes that proliferated throughout the house during this process.

Mofle was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Mofle was sentenced to 168 months’ imprisonment. A special assessment of $200 was imposed. She must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system. Mofle is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Iowa Division of Narcotics Enforcement, Webster City Police Department, Hamilton County Sheriff's Office, and the Iowa Division of Criminal Investigation.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-3028.

A man who conspired to manufacture and distribute methamphetamine was sentenced March 8, 2013, to more than seventeen years in federal prison.

Ryan Kern, 44, from Webster City, Iowa, received the prison term after a November 8, 2012, guilty plea to one count of conspiracy to manufacture and distribute actual (pure) methamphetamine; one count of manufacturing or attempting to manufacture actual (pure) methamphetamine within 1000 feet of a protected location, namely Nakomis City Park, Webster City, Iowa; and one count of possession of pseudoephedrine with the intent to manufacture methamphetamine.

At the guilty plea, Kern admitted that from January 2012 through May 2012, he and others manufactured at least 50 grams of actual (pure) methamphetamine. According to pseudoephedrine purchase logs and prescription records obtained in the investigation, starting in January 2012 through May 2012, Kern and others involved acquired more than 300 grams of pseudoephedrine for the manufacture of methamphetamine which included 100 grams of pseudoephedrine purchased through prescription. On April 24, 2012, law enforcement officers executed a search warrant at Kern’s residence. Officers seized multiple reaction vessels from the basement of the residence and outside trash indicative of a methamphetamine manufacturing lab. Officers also seized 11 prepackaged baggies of methamphetamine totaling 3.5 grams, ½ gram of methamphetamine was “drying” and 1 bag (½ gram) was found on the ground outside the residence, for a total of 4.5 grams of methamphetamine.

The evidence established that a 4-5 year old child had been present when Kern and others used methamphetamine as well as when methamphetamine manufacturing took place at the residence, exposing the child to a substantial risk of harm , including from toxic chemical fumes that proliferated throughout the house during this process.

Kern was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Kern was sentenced to 210 months’ imprisonment. A special assessment of $300 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. Kern is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Iowa Division of Narcotics Enforcement, Webster City Police Department, Hamilton County Sheriff's Office, and the Iowa Division of Criminal Investigation.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-3028.

A professional rodeo clown who grew marijuana for over six years was convicted by a jury on March 8, 2013, after a three-day trial in federal court in Cedar Rapids.

Rory Meeks, 55, from Marion, Iowa, was convicted of one count of conspiracy to manufacture marijuana and was acquitted of one count of manufacturing marijuana in April 2011.

The evidence at trial showed that Meeks, who worked as a rodeo clown and bullfighter in local and national rodeos, conspired with others to grow marijuana in rural Jones County from 2004 through 2011. Each spring, Meeks planted marijuana along corn and soybean fields in secluded spots throughout Jones County and then tended the plants throughout the summer. Meeks and others harvested the plants in the fall, processed the plants at a house in Jones County, and then sold the marijuana over the fall and winter. The jury found that Meeks was involved in growing over 1000 marijuana plants between 2004 and 2011.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Meeks was taken into custody by the United States Marshal after the verdict was returned. Meeks faces a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life imprisonment, a $20,000,000 fine, a $100 special assessment, and at least 10 years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by the Drug Enforcement Administration, the Jones County Sheriff’s Office, and the Monticello Police Department.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-91-LRR.

A man who distributed and received child pornography was sentenced March 7, 2013, to five years in federal prison.

Adam Stephenson, age 20, of Otho, Iowa, received the sentence after a September 27, 2012, guilty plea to one count of distributing child pornography and one count of receiving child pornography. At the guilty plea, Stephenson admitted he knowingly used the Internet to distribute and receive child pornography.

Stephenson was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Stephenson was sentenced to 60 months’ imprisonment. A special assessment of $200 was imposed, and Stephenson 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 Webster County Sheriff’s Office, the Fort Dodge Police Department, 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 12-3016.

A man who distributed and possessed child pornography pled guilty on March 4, 2013, in federal court in Cedar Rapids.

Charles Adkins, age 46, from Waterloo, Iowa, was convicted of one count of distribution of child pornography and one count of possession of child pornography.

At the plea hearing, Adkins admitted that, between December 2011 and February 2012, he used the Internet to distribute child pornography. He also admitted that, between September 2011 and March 2012, he possessed child pornography on a laptop computer.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Adkins was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Adkins faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 30 years’ imprisonment, $500,000 in fines, 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, the Black Hawk County Sheriff’s Office, the Waterloo Police Department, the U.S. Postal Inspection Service, Homeland Security Investigations, and the Pensacola, Florida, 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 12-2034.

A man who distributed child pornography pled guilty on February 28, 2013, in federal court in Sioux City.

Chad Carver, age 27, from Sioux City, Iowa, was convicted of one count of distribution of child pornography.

At the plea hearing, Carver admitted that, between September 2010 and September 2011, he used the Internet to distribute child pornography.

Sentencing before United States District Court Judge Donald E. O’Brien will be set after a presentence report is prepared. Carver remains in custody of the United States Marshal pending sentencing. In a plea agreement, Carver agreed to be sentenced to at least 10 years’ imprisonment. He faces 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 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 12-4079.

A man who distributed and received child pornography pled guilty on February 25, 2013, in federal court in Sioux City.

Jeffrey Huygens, age 47, from Sioux City, Iowa, was convicted of one count of distribution of child pornography and one count of receipt of child pornography.

At the plea hearing, Huygens admitted that, between September 2011 and December 2011, he used the Internet to distribute child pornography. He also admitted that, between 2002 and March 2012, he used the Internet to receive child pornography. In addition, he admitted that, in 1990, in Island County, Washington, he was convicted of Child Molestation in the First Degree.

Sentencing before United States District Court Judge Donald E. O’Brien will be set after a presentence report is prepared. Huygens remains in custody of the United States Marshal pending sentencing. Huygens faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 80 years’ imprisonment, $500,000 in fines, 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.

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 12-4094.

A man whose house caught fire from an illegal methamphetamine lab pled guilty on February 28, 2013, in federal court in Cedar Rapids.

Rory Lee Zirkelbach, age 43, from Dubuque, Iowa, was convicted of one count of manufacturing methamphetamine within 1000 feet of a protected location following a prior felony drug conviction.

The evidence at a prior detention hearing showed that on May 31, 2012, Zirkelbach attempted to make methamphetamine on the second floor of his residence on Jackson Street in Dubuque. The methamphetamine lab caught fire. A passing bus driver stopped his bus in front of the house and yelled at a neighbor standing on the front porch that the house was on fire. The neighbor reentered her half of the burning house to rescue her sleeping minor child. During the investigation of the fire, officials found the remnants of the methamphetamine lab which caused the fire. This residence was within 1,000 feet of Fulton Elementary School and Comiskey Park, both protected locations. Zirkelbach was convicted in 1998 of possession with intent to deliver amphetamine and possession with intent to deliver cocaine.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Zirkelbach remains in custody of the United States Marshal pending sentencing. Zirkelbach 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 and not more than life on supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Daniel C. Tvedt and was investigated by the Dubuque Drug Task Force consisting of officers from the Dubuque Police Department and the Dubuque County Sheriff’s Office.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 13-1001.

A man who used marijuana and possessed a firearm after being convicted of a felony offense pled guilty on February 27, 2013, in federal court in Cedar Rapids.

Andre Kase, Jr., age 20, from Cedar Rapids, Iowa, was convicted of one count of possession of a firearm by a felon and unlawful user of marijuana.

At the plea hearing, Kase admitted that on October 8, 2012, Cedar Rapids police officers responded to a report of an attempted burglary in progress. Upon arriving in the area, officers found Kase in possession of a stolen Smith and Wesson .380 caliber handgun. Kase admitted that he was a marijuana user and that he had been convicted of Burglary on September 19, 2012.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Kase remains in custody of the United States Marshal pending sentencing. Kase faces a possible maximum sentence of ten years’ imprisonment, a $250,000 fine, a $100 special assessment, 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 Bureau of Alcohol, Tobacco, and Firearms 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 CR 12-0084.

Febraury 25, 2013  

A Waterloo man who shot another individual in October 2012 pled guilty today to drug and gun charges in federal court in Cedar Rapids.

Amos Dee Deering, Sr., age 31, from Waterloo, Iowa, was convicted of possessing a firearm in furtherance of a drug trafficking crime, possession with intent to distribute crack cocaine, and being unlawfully in possession of a firearm as a felon, domestic abuser, and drug user.

Evidence at an earlier hearing showed that in the early morning of October 19, 2012, Deering fought with another individual at a residence in the 400 block of Lane Street in Waterloo, Iowa. During the fight Deering shot the other individual in the upper torso. After fleeing the scene of the shooting, Deering drove to Singing Bird Lake park, but left the parkonly a few minutes later. Deering’s car was stopped and he was detained on suspicion of drunk driving. Officers returned to the park and, under a bush, found a discarded sock containing a pistol and some crack cocaine. Forensic tests later matched the firearm found inside the sock to a shell casing found at the scene of the shooting. Deering had previously been convicted of first degree burglary, felony eluding, and domestic abuse causing bodily injury.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Deering remains in custody of the United States Marshal pending sentencing. Deering faces a mandatory minimum sentence of five years’ imprisonment and a possible maximum sentence of life imprisonment, $1,500,000 in fines, $300 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 the Waterloo Police Department.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 6:13-CR-02002-LRR.

A man who distributed child pornography and destroyed evidence pled guilty on February 14, 2013, in federal court in Sioux City.

Lennon Slade, age 27, from Rock Rapids, Iowa, was convicted of one count of distribution of child pornography and one count of destruction of evidence.
At the plea hearing, Slade admitted that, between July 2011 and September 2011, he distributed child pornography. In a plea agreement, he admitted that, when officers were attempting to execute a search warrant at his house, he was inside the house destroying evidence.

Sentencing before United States District Court Judge Mark W. Bennett will be set after a presentence report is prepared. Slade was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Slade faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, $500,000 in fines, $200 in special assessments, 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 Federal Bureau of Investigation, and the Lyon County Sheriff’s Office.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 12-4080.

Brandon Phinney, age 27, of Clear Lake, Iowa, has been indicted on federal child pornography charges. The charges are contained in an Indictment unsealed February 13, 2013, in United States District Court in Cedar Rapids.

The Indictment alleges that, between 2008 and 2011, Phinney received and possessed child pornography.

If convicted on all charges, Phinney faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 70 years’ imprisonment, $1,500,000 in fines, $600 in special assessments, and at least 5 years and up to life on supervised release following any imprisonment.

Phinney appeared on February 13, 2013, in federal court in Cedar Rapids and was released on bond. Phinney’s next appearance for trial is set for April 15, 2013.

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

This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Clear Lake Police Department, the Mason City Police Department, and the Iowa Division of Criminal Investigation.

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 13-3005.

A sex offender who failed to update his registration was sentenced February 12, 2013, to 41 months in federal prison.

Howard Sawyer, age 39, from Black Hawk County, received the sentence after a November 15, 2012, guilty plea to one count of failing to update his registration as a sex offender. In a plea agreement, Sawyer admitted that, in 2009, he left the Waterloo Residential Correctional Facility and traveled to Mexico, where he stayed until 2011 without updating his registration as required by the Sex Offender Registration and Notification Act. Sawyer was required to register because of his 1998 Buchanan County conviction for sexual abuse in the third degree.

Sawyer was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Sawyer was sentenced to 41 months’ imprisonment. A special assessment of $100 was imposed, and Sawyer must also serve a 5-year term of supervised release. He must comply with all sex offender registration and public notification requirements.

This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the 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 12-2029.

A man who conspired to distribute methamphetamine was sentenced February 14, 2013, to more than 24 years in federal prison.

Angel Solano-Fierro, 33, originally from Mexico, but residing in Sioux City, Iowa, received the prison term after an October 29, 2012, guilty plea to one count of conspiring to distribute methamphetamine and two counts of distributing methamphetamine.

At the guilty plea, Solano-Fierro admitted his involvement in a conspiracy from 2011 through April 2012 that distributed more than 150 grams of actual (pure) methamphetamine. In February and May 2012, Solano-Fierro along with others involved in the conspiracy distributed more than 130 grams of actual (pure) methamphetamine during controlled drug transactions with law enforcement. On May 2, 2012, during the execution of a consent search, law enforcement seized over 208 grams of actual (pure) methamphetamine from a vehicle connected to Solano-Fierro that was intended for future distribution as part of the conspiracy.

Solano-Fierro was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Solano-Fierro was sentenced to 292 months’ imprisonment. A special assessment of $300 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.

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

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

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-4060.

Two men and two women have been sentenced to federal prison for their roles in a methamphetamine distribution conspiracy.

Joseph Hough, age 30, of Dakota City, Iowa, Diane Kletsch, age 50, of Superior, Iowa, Timothy Lamb, age 48, of Fort Dodge, Iowa, and Yolanda Hernandez, age 46, of Donna, Texas, received their prison terms after October 10 and 11, 2012, guilty pleas. Hough, Kletsch, Lamb, and Hernandez each pled guilty to conspiracy to distribute methamphetamine.

According to information disclosed at the sentencings, and change of plea hearings, Lamb and Hough received up to ounce quantities of methamphetamine and resold it to numerous others. Kletsch was receiving methamphetamine from Hernandez and re-distributing it to others. Hernandez sold up to pound quantities of methamphetamine per month to others who resold it to numerous others. The conspiracy lasted from January 2011 to January 2012, in Cerro Gordo County, Iowa.
Hough, Kletsch, Lamb, and Hernandez were sentenced on February 12, 3012, in United States District court in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Hough was sentenced to 108 months’ imprisonment, Kletsch was sentenced to 87 months’ imprisonment, Lamb was sentenced to 136 months’ imprisonment, and Hernandez was sentenced to 109 months’ imprisonment. Lamb, Hernandez, and Kletsch must each serve five-year terms of supervised release after prison. Hough must serve a four-year term of supervised release after prison. There is no parole in the federal system. Hough, Lamb, Hernandez, and Kletsch, were each ordered to pay a $100 special assessment.

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

The case was prosecuted by Assistant United States Attorney Jack Lammers and investigated by the Iowsa Division of Narcotics Enforcement, Humboldt County Sheriff’s Office, Chereokee County Sheriff’s Office, Estherville, Iowa, Police Department, Iowa Great Lakes Drug Task Force, North Central Iowa Narcotics Drug Task Force, and the Webster County Drug Task Force.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 12-3033.

Two men who illegally possessed concealed handguns following a fight at a Waterloo liquor store will each serve time in federal prison.

Dai’Sean Battles, 21, from Waterloo, will serve almost four years’ in prison following his September 21, 2012 guilty plea to possession of a firearm as a felon. Irvin Johnson Jr., 20, also from Waterloo, was sentenced to over one year imprisonment after his September 18, 2012 guilty plea to possession of a firearm as an unlawful drug user.

According to their plea agreements and information presented at their sentencing hearings, Battles and Johnson were observed by police leaving the scene of a fight at a Waterloo liquor store on May 26, 2012. They flagged down a passing motorist for a ride and got inside the motorist’s vehicle. Battles and Johnson were each carrying concealed loaded firearms. When police initiated a traffic stop on the vehicle, Battles threw a Glock 27 .40 caliber pistol with an obliterated serial number out the window where it was recovered by police. Johnson hid a Browning Buckmark .22 caliber pistol underneath the seat in the vehicle. Battles and Johnson were each on probation at the time; Battles for his 2010 conviction for possessing cocaine with intent to deliver and Johnson for a February 2012 conviction for carrying weapons.

Battles and Johnson were each sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Battles was sentenced on January 17, 2013 to 46 months’ imprisonment. Johnson was sentenced on February 5, 2013 to 15 months’ imprisonment, with the sentence running consecutively to a sentence he received as a result of violating his probation. Each must pay a special assessment of $100. They must also serve a three-year term of supervised release after their prison terms. There is no parole in the federal system.

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

The case was prosecuted by Assistant United States Attorney Justin Lightfoot and was investigated by the Cedar Valley Gang Task Force and a specialized unit of the Waterloo Police Department known as the Violent Crime Apprehension
Team, or VCAT. The Cedar Valley Gang Task Force is comprised of members from the Waterloo Police Department, Black Hawk County Sheriff’s Office, Cedar Falls Police Department, Waverly Police Department, State of Iowa Probation and Parole, and the United States Marshals Service.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number for both Battles and Johnson is CR 12-2019.

A total of $742,707 in federal forfeiture proceeds has been awarded to the Dubuque County Sheriff’s Office. The award was announced today at the Dubuque Law Enforcement Center by Acting United States Attorney for the Northern District of Iowa Sean R. Berry, United States Marshal for the Northern District of Iowa Kenneth Runde, and Dubuque County Sheriff Don Vrotsos.

The $742,707 represents proceeds of a forfeiture action pursued by the United States Attorney’s Office in connection with the investigation and prosecution of a scheme in 2006 and 2007 to steal and sell meat from interstate trucking shipments originating from East Dubuque, Illinois. Four Dubuque area residents were convicted and sentenced to federal prison for their roles in stealing and selling the meat.

As part of the scheme, truck drivers first drove the loads of meat from a storage facility in East Dubuque to a rural Dubuque farm owned by one of the truckers. There, participants in the scheme opened the semi-trailers and stole cases of meat. The stolen meat was usually stored temporarily in a separate refrigerated semi-trailer kept at the farm and then sold to area residents and businesses for one dollar per pound. Money derived from the scheme was used to make payments on the farm.

As part of a plea agreement with the United States, the convicted owners of the farm agreed to forfeit their interest in the property. The farm was subsequently sold and most of the proceeds of the sale were awarded to the Dubuque County Sheriff’s Office, pursuant to the federal asset forfeiture program, due to its role in investigating and prosecuting those involved in the scheme.

The case was prosecuted by Assistant United States Attorney Richard L. Murphy and was investigated by Dubuque County Sheriff’s Office.

Related court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file numbers are CR 09-1015; CR 10-1002; CR 10-1008; and CR 10-1011.