District of New Mexico

ALBUQUERQUE – A federal jury sitting in Santa Fe, N.M., returned a verdict late this afternoon finding Federico Lujan, 26, of Serafina, N.M., guilty on assault and firearms charges after a four-day trial, announced Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge DuWayne W. Honahni, Sr., of District IV of BIA’s Office of Justice Services, and Chief Kevin Mariano of the Isleta Pueblo Tribal Police Department.

Lujan, a non-Indian man, was arrested on July 5, 2012, on a criminal complaint alleging aggravated assault charges arising out of the discharging of a rifle while threatening and menacing two Isleta Pueblo women and ten children in an Isleta Pueblo residence.  Lujan subsequently was indicted and charged with two counts of aggravated assault and one count of discharging a firearm in relation to a crime of violence.

Trial of this case began on Feb. 18, 2014, and concluded late this afternoon when the jury returned a verdict of guilty on all three counts of the indictment.  The trial evidence established that on the morning of July 5, 2012, Lujan drove to the victims’ residence armed with a .22 caliber rifle loaded with a high-capacity magazine carrying almost 50 rounds of ammunition.  After Lujan got out of his vehicle with the loaded rifle, one of the two adult victims peered out the window to see a stranger with a rifle standing in her yard.  The adult victim heard shots fired as she ran to get the children who were in the residence to safety. 

While one adult victim stayed in the home to protect the ten children who were present, the other adult victim went outside to try to defuse the situation.  While speaking to Lujan, she learned that Lujan was shooting outside the residence because he believed that someone had taken his baseball cap from him the night before and that the cap was inside the residence.  When the victim denied knowing about the baseball cap, Lujan pointed the rifle at her, threatened to kill her, and fired his rifle again but did not hit the victim.  As Lujan drove away, the victim got the license plate number for Lujan’s vehicle.  Lujan was arrested shortly thereafter by tribal police officers who were responding to a call from the victims.  Following the arrest, the officers found a rifle in Lujan’s vehicle.

The jury deliberated approximately four and a half hours before returning its guilty verdict.

Lujan was remanded into custody after the jury returned the guilty verdict and will remain detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Lujan faces up to 18 months in prison on each of the two aggravated assault charges.  Lujan also faces a mandatory ten years in prison for discharging a firearm which must be served consecutive to any prison sentence imposed on the assault charges.

This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and the Isleta Pueblo Tribal Police Department, with assistance from the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the FBI’s crime lab in Quantico, Va., and is being prosecuted by Assistant U.S. Attorneys Mark T. Baker and Holland S. Kastrin.

ALBUQUERQUE – Anthony P. Chavez, 32, of Los Alamos, N.M., entered a guilty plea to an indictment charging him with bank robbery and high speed flight from an immigration checkpoint.  In entering his guilty plea, Chavez admitted robbing Wells Fargo Bank branch located at 5555 Montgomery Blvd. NE in Albuquerque, N.M., on June 29, 2013, and engaging in a high speed flight while trying to evade the Interstate 10 U.S. Border Patrol checkpoint near Deming, N.M., the following day.

Court records reflect the bank was robbed shortly after noon on June 29, 2013, by two men, one of whom approached the bank tellers with a demand note and the other who remained near the door as a lookout.  The demand note claimed that there were two others involved in the robbery and that the robbers were armed.  After the tellers complied with the robber’s demand for cash, the robber and his lookout fled from the bank.

Shortly before 6:00 a.m. on June 30, 2013, Chavez sought to evade the Interstate 10 U.S. Border Patrol checkpoint near Deming by driving his vehicle at speeds up to 110 miles per hour.  Customs and Border Protection (CBP) agents and New Mexico State Police officers pursued and stopped Chavez’s vehicle after a ten minute pursuit and arrested Chavez for the felony offense of high speed flight from an immigration checkpoint.  While being placed in a CBP vehicle, Chavez spontaneously stated that he had robbed a bank the day before.  After viewing surveillance camera photographs of the bank robber who approached the tellers with the demand note, CBP agents determined that Chavez was one of the two individuals who robbed the Wells Fargo Bank branch in Albuquerque the day before.

Chavez has been in federal custody since his arrest and remains detained pending sentencing.  At sentencing, Chavez faces a maximum sentence of 20 years in prison on each of the two charges to which he pleaded guilty.

This case was investigated by the Albuquerque office of the FBI, the Customs and Border Protection, U.S. Border Patrol El Paso Sector, and the New Mexico State Police, and is being prosecuted by Assistant U.S. Attorney Charles L. Barth.

ALBUQUERQUE – MacDavis Bahe, 31, an enrolled member of the Navajo Nation who resides in Rehoboth, N.M., was sentenced this morning to ten years in federal prison followed by three years of supervised release for his conviction on methamphetamine trafficking and firearms charges.

Bahe was indicted in June 2012, and charged with distributing methamphetamine and marijuana in McKinley County, N.M., between Feb. 2012 and May 2012.  He also was charged with being a felon in possession of a firearm and possession of an unregistered firearm.

On Sept. 6, 2013, Bahe admitted that he distributed methamphetamine on Feb. 17, 2012, to an individual who, unbeknownst to him, was an undercover officer.  Bahe also admitted that he unlawfully possessed a shotgun on May 1, 2012.  Bahe acknowledged that he was prohibited from possessing firearms and ammunition because he previously had been convicted of the following f elony offenses in the 11th Judicial District Court for the State of New Mexico in McKinley County:  burglary, aggravated fleeing from a law enforcement officer, and being a felon in possession of a firearm or destructive device.

The case was investigated by the Albuquerque office of the FBI, the Middle Rio Grande Valley Narcotics Task Force, the Gallup Police Department and the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.

The Middle Rio Grande Valley Task Force is comprised of agents and officers from the Albuquerque Police Department, the Albuquerque office of the DEA, Pojoaque Tribal Police Department, Rio Rancho Police Department, Sandoval County Sheriff’s Office, and Valencia County Sheriff’s Office.  It is part of the High Intensity Drug Trafficking Areas (HIDTA) program that was created by Congress with the Anti-Drug Abuse Act of 1988.  HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

ALBUQUERQUE – Timothy Patrick Shanks, 38, of Albuquerque, N.M., pleaded guilty this morning to federal firearms charges under a plea agreement that requires the imposition of a 12 year prison sentence.  The guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Bernard J. Zapor of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Bernalillo County Sheriff Dan Houston.

Shanks was arrested on July 3, 2013, based on a criminal complaint charging him with being a felon unlawfully in possession of a firearm.  According to the criminal complaint, on June 24, 2013, the Bernalillo County Sheriff’s Office and ATF executed a search warrant at Shanks’ residence and recovered a firearm believed to have been used in the armed robbery of a Dollar General store located at 3211 Coors Blvd. SW on June 22, 2013.  On July 25, 2013, Shanks was indicted and charged with being a felon in possession of a firearm, violating the Hobbs Act by committing an armed robbery of a business engaged in interstate commerce, and brandishing a firearm in relation to a crime of violence.

Thereafter, Shanks was charged in a superseding indictment with the following six crimes:  (1) being a felon in possession of a firearm and ammunition on June 22, 2013, (2) violating the Hobbs Act by committing an armed robbery of a business engaged in interstate commerce on June 22, 2013, (3) brandishing a firearm in relation to a crime of violence, (4) distributing methamphetamine on May 9, 2013, (5) being a felon in possession of a firearm on May 21, 2013, and (6) being a felon in possession of a firearm on June 3, 2013.  The superseding indictment alleged that all six offenses were committed in Bernalillo County, N.M.

During today’s proceedings, Shanks pleaded guilty to Counts 3 and 5 of the superseding indictment charging him with brandishing a firearm during a crime of violence and being a felon in possession of a firearm.  In his plea agreement, Shanks admitted brandishing a .357 caliber revolver when he robbed the Dollar General store on June 22, 2013.  He also admitted possessing a 9mm caliber rifle on May 21, 2013.  Shanks acknowledged that he was prohibited from possessing firearms or ammunition because he previously had been convicted of possession of a controlled substance with intent to distribute and possession of a controlled substance. 

Shanks has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  Under the terms of his plea agreement, Shanks will be ordered to forfeit five firearms and ammunition when he is sentenced.    

This case was investigated by the Albuquerque office of ATF and the Bernalillo County Sheriff’s Office with assistance from the 2nd Judicial District Attorney’s Office.  It is being prosecuted by Assistant U.S. Attorney David M. Walsh as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

ALBUQUERQUE – Raul Ortega, 21, of Albuquerque, N.M., pleaded guilty this morning to federal carjacking and firearms charges, announced Acting U.S. Attorney Steven C. Yarbrough, Special Agent Carol K.O. Lee of the Albuquerque Division of the FBI and Chief Allen Banks of the Albuquerque Police Department.

Ortega and co-defendant Joel Meeks, 20, also of Albuquerque, were arrested in April 2013, on an eight-count indictment charging the pair with offenses stemming from a series of armed robberies of commercial businesses and home invasions, including armed robbery and carjacking, occurring in Bernalillo County, N.M., from Dec. 6, 2012 to Jan. 17, 2013.

During today’s proceedings, Ortega pleaded guilty to Counts 5, 6 and 7 of the indictment, charging him with two carjackings.  In his plea agreement and with respect to Counts 5 and 6, Ortega admitted that on Jan. 13, 2013, Meeks and he forcibly entered a residence and robbed the owner of credit cards, his identification and other items.  Ortega also admitted that Meeks and he physically assaulted the victim to obtain the PIN for his ATM card, his car keys and the location of his car.  Before departing, Ortega and Meeks threatened the victim’s life if he reported the crime to the police.  Ortega admitted that he was armed with a handgun while committing these crimes.

In his plea agreement and with respect to Count 7, Ortega also admitted that on Jan. 17, 2013, Meeks and he forcibly entered another residence and physically assaulted the owner.  After restraining the victim, Meeks and Ortega robbed him of his credit cards, ATM cards and other items.  After obtaining the PIN for the victim’s ATM card by threatening him further physical abuse, Meeks and Ortega also robbed the victim of his car keys and car.

Under the terms of his plea agreement, Ortega will be sentenced to a prison term of 12 to 20 years to be determined by the court.  Ortega has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.

Meeks has pleaded not guilty and remains in federal custody pending trial which currently is scheduled March 3, 2014.  The charges against Meeks are merely accusations and Meeks is presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office.  It is being prosecuted by Assistant U.S. Attorney Jon K. Stanford as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

LAS CRUCES – Peter John Zayas, 29, pleaded guilty late this afternoon in Las Cruces federal court to a felony information charging him with negligent child abuse resulting in great bodily injury, announced Acting U.S. Attorney Steven C. Yarbrough, Special Agent Carol K.O. Lee of the Albuquerque Division of the FBI, and Acting Special Agent in Charge Gregory Harper of the Air Force Office of Special Investigations. 

Zayas and his wife, Sophia Zayas, 32, were arrested in April 2012 by the FBI and the Air Force Office of Special Investigations on charges that between Oct. 21, 2007 and Oct. 22, 2007, they caused their two-month old infant daughter’s death.  In Nov. 2012, a 16-count superseding indictment was filed charging Zayas and Sophia Zayas with second degree murder, child abuse resulting in death, child abuse resulting in great bodily harm, and other child abuse-related offenses.  At the time of the offenses alleged in the superseding indictment, Zayas was a sergeant with the U.S. Air Force and was stationed at Holloman Air Force Base.

During this afternoon’s proceedings, Zayas pleaded guilty to negligent child abuse resulting in great bodily harm.  In his plea agreement, Zayas admitted that from Aug. 16, 2007 through Oc. 22, 2007, he permitted his infant to be in a situation that endangered her life knowing that there was a foreseeable risk that she would be physically harmed or killed by leaving her in the care of Sophia Zayas knowing that she had a history of alcohol abuse.  Zayas acknowledged that the infant sustained posterior transverse skull fractures, rib fractures, and radius and ulna fractures as a result of his negligence.

According to the plea agreement, Zayas also acknowledged that the infant died on Oct. 22, 2007, as a result of his negligence because it was foreseeable to him that leaving the infant in Sophia Zayas’ care could lead to harm given Sophia’s alcohol consumption and binge drinking during the Oct. 14, 2007 through Oct. 22, 2007. 

Zayas has been in federal custody since his arrest and remains detained pending his sentencing hearing.  At sentencing, he faces a penalty of 18 years in prison.

Sophia Zayas has pleaded not guilty to the charges against her and remains in federal custody pending her trial, which is scheduled for March 10, 2014.  The charges against Sophia Zayas are merely accusations and she is presumed innocent unless found guilty beyond a reasonable doubt.

The case was investigated by the FBI and the Air Force Office of Special Investigations and is being prosecuted by Assistant U.S. Attorneys Maria Y. Armijo and Anna R. Wright.

ALBUQUERQUE – Dan Curtis Thompson, 32, of Shiprock, N.M., pleaded guilty this morning to a federal arson charge, announced Acting U.S. Attorney Steven C. Yarbrough and John Billison, Director of the Navajo Nation Division of Public Safety.

Thompson and his twin sister, Christina Thompson were arrested in Oct. 2013, on an indictment charging them with willfully and maliciously setting fire to an occupied rental unit at the Navajo Housing Authority in Ojo Amarillo, located on the Navajo Indian Reservation, on Jan. 9, 2013.

This morning, Thompson pled guilty to the indictment and admitted setting fire to his former girlfriend’s residence on Jan. 9, 2013.  In his plea agreement, Thompson admitted that he had resided in the victim’s apartment until the victim ejected him after he had a “forceful physical interaction” with the victim.  Thompson admitted that as his resentment towards the victim grew, he began putting into place plans to burn her residence.  Thompson stated that his sister drove him to the victim’s residence on Jan. 9, 2013, where he shattered a window so he could unlock the door and enter the residence.  Once inside, Thompson poured gasoline in the residence; after igniting the gasoline, Thompson fled from the residence with his sister’s assistance. 

In his plea agreement, Thompson admitted that he did not check to see if anyone was in the residence when he lit the fire.  He further admitted that he burned the victim’s residence to retaliate against the victim.

Thompson has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Thompson faces a maximum sentence of life imprisonment.

Christina Thompson has entered a not guilty plea to the indictment and remains on conditions of release pending trial, which is currently set for April 14, 2014.  The charge against Christina Thompson is merely an accusation and she is presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Shiprock Division of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.  It was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna.  The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both.  The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – Nicholas Richard Blume, 35, of Albuquerque, N.M., entered a not guilty plea this morning to a criminal complaint charging him with being a felon in possession of a firearm.  Blume was ordered detained pending trial based on judicial findings that he poses a danger to the community and a risk of flight.

Blume was arrested on Feb. 12, 2014, on a criminal complaint alleging that he unlawfully possessed a firearm and ammunition on Feb. 10, 2014, in Bernalillo County, N.M.  According to the criminal complaint, on Feb. 10, 2014, a woman (victim) called the Albuquerque Police Department dispatch to report a domestic violence incident at her southeast Albuquerque home.  The victim alleged that Blume broke her nose by punching her nose with a closed fist after she complained about his bringing firearms into her home and demanded that he leave her home.  When officers responded to the call, they allegedly found a semi-automatic rifle loaded with 72 rounds of ammunition which the victim claimed was brought into her home by Blume.

On Feb. 10, 2014, Blume was prohibited from possessing firearms or ammunition because he previously had been convicted of the following felony offenses in the 2nd Judicial District Court (Bernalillo County) for the State of New Mexico:  aggravated battery and receiving or transferring a stolen vehicle in 2004; the manufacture, distribution and possession of imitation controlled substances and extortion in 2005; possession of a controlled substance in 2008; and robbery in 2012.

If convicted on the offense against him, Blume faces a maximum sentence of ten years in federal prison.  If Blume is determined to be a career criminal, he faces an enhanced sentence of not less than 15 years in federal prison upon conviction.  The charge against Blume in the criminal complaint is merely an accusation and Blume is presumed innocent unless found guilty in a court of law.

Blume is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorneys Louis E. Valencia and David M. Walsh.

ALBUQUERQUE – Curtis Lee Alemany, 28, of Hobbs, N.M., was sentenced this morning to 96 months in federal prison followed by three years of supervised release for his methamphetamine trafficking conviction.  The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, 5th Judicial District Attorney Janetta B. Hicks, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Commander Mike Wilson of the Lea County Drug Task Force (LCDTF).

Alemany was arrested on July 17, 2013, on a criminal complaint alleging federal methamphetamine trafficking and firearms charges.  He has been in federal custody since that time.  According to the criminal complaint, on June 5, 2013, officers of the LCDTF executed a state search warrant at Alemany’s residence in Hobbs.  In the master bedroom of the residence, the officers seized a plastic bag containing approximately 66 grams of methamphetamine which was concealed in a “Comet” brand scrubbing cleanser can.  The officers also seized two semi-automatic handguns that contained chambered rounds and loaded magazines, digital weight scales and $12,265 in cash concealed in a “Crown Royal” bag.

On Sept. 5, 2013, Alemany entered a guilty plea to a felony information charging him with possession of methamphetamine with intent to distribute.  In his plea agreement, Alemany admitted that when the officers executed a search warrant at his residence on June 5, 2013, they found methamphetamine and two handguns concealed in a hollowed out space in the wall of the master bedroom.  Alemany further admitted that he intended to sell the methamphetamine found in his residence.

This case was investigated by the Roswell office of the FBI and the Lea County Drug Task Force, with assistance from the 5th Judicial District Attorney’s Office, and was prosecuted by Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office.

The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department and the Jal Police Department, and is part of the HIDTA Region VI Drug Task Force.  The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988.  HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

ALBUQUERQUE – Hector Ruiz, 34, a Mexican national from Jalisco, Mexico, was sentenced late yesterday afternoon in Las Cruces federal court to 188 months in federal prison followed by five years of supervised release for his methamphetamine trafficking conviction.  The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, 5th Judicial District Attorney Janetta B. Hicks, and Special Agent in Charge Joseph A. Arabit of the El Paso Division of the DEA.

Ruiz, who was an undocumented alien illegally in the United States, and his co-defendant Mario Alvarez, also of Roswell, were arrested on Sept. 14, 2012, on a criminal complaint alleging methamphetamine trafficking charges. A three-count indictment subsequently was filed charging Ruiz and Alvarez with conspiracy and possession of methamphetamine with intent to distribute, and charging Ruiz alone with another count of possession of methamphetamine with intent to distribute.  The indictment alleged that the offenses were committed in Roswell on Sept. 14, 2012.

According to court filings, on Sept. 14, 2012, the DEA and Chaves County Metro Narcotics Task Force conducted surveillance of Alvarez in Roswell based on a tip that he was planning to sell a pound of methamphetamine later that day in Artesia.  After officers observed Alvarez meet with Ruiz, they executed a traffic stop on Alvarez’s vehicle and recovered a bag containing approximately one pound of methamphetamine hidden under the front passenger seat.  During a post-arrest statement, Alvarez admitted he planned to deliver the methamphetamine to Artesia.

The officers then executed a search warrant at a Roswell residence where they recovered approximately three pounds of methamphetamine and $30,000, which Ruiz admitted belonged to him.  After Ruiz was arrested, he admitted delivering a pound of methamphetamine to Alvarez earlier that day.  Ruiz pled guilty to all three counts of the indictment on June 27, 2013.

Alvarez pled guilty to the two counts in the indictment against him on Feb. 8, 2013.  He remains in federal custody pending his sentencing hearing, which has yet to be scheduled.  Alvarez faces a maximum sentence of not less than five and not more than 40 years in prison when he is sentenced.

This case was investigated by the Las Cruces office of the DEA and the Chaves County Metro Narcotics Task Force and was prosecuted by Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office and Special Assistant U.S. Attorney Donald F. Moore, Jr., who is also an Assistant District Attorney in the 5th Judicial District Attorney’s Office.

The case was brought as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

ALBUQUERQUE – Jonathan Sandoval, 27, of Albuquerque, N.M., was sentenced today to 15 years in federal prison followed by three years of supervised release for being a felon in possession of ammunition.  The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough and Special Agent in Charge Bernard J. Zapor of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Acting U.S. Attorney Steven C. Yarbrough said that Sandoval was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

“Today’s lengthy sentence sends a strong message to career criminals.  We will continue to work aggressively with our state and local partners to hold the worst of the worst accountable for their criminal actions,” stated Special Agent in Charge Bernard J. Zapor of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Sandoval was arrested in December 2011, on an indictment charging him with being a felon in possession of ammunition.  The indictment alleged that Sandoval unlawfully possessed ammunition in Bernalillo County on Aug. 24, 2011.  At the time, Sandoval was prohibited from possessing firearms or ammunition because he previously had been convicted of the following felony offenses in the 2nd Judicial District Court for the State of New Mexico:  possession of a controlled substance, escape from a community custody release program, and four residential burglaries.  Sandoval also had been convicted of larceny and residential burglary in the 13th Judicial District Court.

On May 20, 2013, Sandoval pleaded guilty to unlawfully possessing 30 cartridges of ammunition which were retrieved by law enforcement officers from his vehicle on Aug. 24, 2011.  In entering his plea, Sandoval admitted telling the officers that the ammunition belonged to him and that he purchased the ammunition when he was at a shooting range.

Sandoval received an enhanced penalty of a mandatory minimum 15 year prison sentence because of his status as an armed career criminal.  According to court filings, despite his lengthy criminal record, Sandoval was never sent to state prison for any of his prior felony convictions.

These cases were investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office.  The case was prosecuted by Assistant U.S. Attorney Lynn W.Y. Wang.

ALBUQUERQUE – Two prior felons who reside in Albuquerque were sentenced this morning to lengthy federal prison terms for violating the federal firearms laws.  Isaac Aragon, 32, was sentenced to 77 months in federal prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition.  In a separate case, Joseph Rael, 40, was sentenced to 88 months in federal prison followed by three years of supervised release for unlawfully possessing a firearm and ammunition.

Acting U.S. Attorney Steven C. Yarbrough said that both men were prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this anti-violence initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

“Arresting armed violent criminals is a priority of our office.  Taking the “worst of the worst” off our streets sends a message that violent behavior will not be tolerated.  I am pleased with the investigative efforts of ATF, the Albuquerque Police Department and the leadership of the U.S. Attorney's Office,” stated Special Agent in Charge Bernard J. Zapor of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Aragon was arrested in Jan. 2013 based on a criminal complaint charging him with being a felon in possession of a firearm and ammunition.  He subsequently was indicted on that same charge.  According to the indictment, Aragon committed this offense in Oct. 2012, in Bernalillo County, N.M.  At the time, Aragon was prohibited from possessing firearms or ammunition because he previously had been convicted of the following felony offenses in New Mexico state courts:  two convictions of receiving and transferring a stolen motor vehicle; involuntary manslaughter; and aggravated fleeing from a law enforcement officer.

According to court filings, Aragon was arrested on state charges on Oct. 26, 2012, after officers responded to a call reporting drug trafficking activity at an Albuquerque residence.  When the officers arrived at the residence, they arrested Aragon on outstanding state arrest warrants.  Thereafter the officers executed a search warrant at the residence and seized a backpack that belonged to Aragon.  The backpack contained a .22 caliber revolver, 76 rounds of ammunition, several baggies of methamphetamine, and narcotics paraphernalia.  The state firearms charges were dismissed after Aragon was arrested on federal charges.  Aragon entered a guilty plea to the federal indictment on Sept. 5, 2013, and admitted possessing a revolver and ammunition on Oct. 26, 2012.
           
Rael was arrested in June 2013 based on an indictment charging him with unlawfully possessing a firearm and ammunition on Nov. 2, 2012, in Bernalillo County, N.M.  At the time, Rael was prohibited from possessing firearms or ammunition because he previously had been convicted of seven felony offenses including attempt to commit forgery, larceny, breaking and entering, false imprisonment, conspiracy to unlawfully take of a vehicle, possession of cocaine and burglary. 

Rael was charged based on an incident arising out of a traffic stop on Nov. 2, 2012 in Albuquerque.  Rael fled in his vehicle from the scene of the traffic stop and later struck another vehicle in an intersection.  After Rael was extracted from his vehicle, law enforcement officers discovered a loaded firearm on the driver’s side floorboard.  In Aug. 2013, Rael pled guilty to the indictment pursuant to a plea agreement and admitted possessing a firearm and ammunition on Nov. 2, 2012. 

These cases were investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office.  The Aragon case was prosecuted by Assistant U.S. Attorney Kimberly A. Brawley and the Rael case was prosecuted by Assistant U.S. Attorney David M. Walsh.

ALBUQUERQUE – Chad F. Summers, 41, of Albuquerque, N.M., was sentenced this afternoon to 15 years in federal prison followed by a lifetime of supervised release.  Summers will be required to register as a sex offender after he completes his prison sentence.  Summers also was ordered to pay $500 in restitution to the victim whose image is associated with Summers’ crime of conviction.

The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, Chief Pete N. Kassetas of the New Mexico State Police (NMSP) and Chief Allen Banks of the Albuquerque Police Department (APD).

Summers was arrested on Feb. 12, 2013, on a criminal complaint alleging that he received and possessed child pornography in Bernalillo County, N.M., between Aug. 2012 and Feb. 2013.  The complaint also charged Summers with unlawfully possessing a firearm on Feb. 12, 2013.  At the time, Summers was prohibited from possessing firearms or ammunition because he previously had been convicted of child pornography offenses in an Oregon state court.  On March 5, 2013, Summers was indicted and charged with three counts of receipt of child pornography, one count of possession of child pornography, and being a felon in possession of a firearm.

On July 11, 2013, Summers pleaded guilty to Count 1 of the indictment, charging him with receipt of child pornography.  In his plea agreement, Summers acknowledged that HSI, NMSP and APD executed a search warrant at his residence on Feb. 12, 2013 and seized computers and computer-related media.  The search warrant was issued based on an undercover investigation by the NMSP that began in Oct. 2012, and targeted individuals who possessed, received and distributed child pornography.  The investigation revealed that an IP Address which was subscribed to Summers was being used to offer child pornography images and videos through a peer-to-peer file-sharing program.

Summers acknowledged voluntarily participating in a recorded interview on Feb. 12, 2013, during which he admitted downloading child pornography images of preteens.  He also admitted having a prior conviction for child pornography offenses from Oregon.  In his plea agreement, Summers acknowledged that a forensic examination of his computers and computer-media uncovered more than 1600 child pornography images and videos. 

This case was investigated by the Albuquerque office of HSI, NMSP and APD and was prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga.  The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 74 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Perfinna King, 34, an enrolled member of the Navajo Nation who resides in Ojo Amarillo, N.M., was sentenced this morning to six years in federal prison followed by three years of supervised release for using a firearm during a crime of violence.   The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Director John Billison of the Navajo Nation Division of Public Safety.

King was arrested in April 2012, based on a criminal complaint charging her with assaulting her domestic partner, another Navajo woman, with a knife and a pistol on April 6, 2012.  King subsequently was indicted and charged with assault with a dangerous weapon, assault resulting in serious bodily injury, and using and carrying a firearm during a crime of violence.  Prosecution of this case was delayed by competency proceedings.

Court filing reflect that, in the early hours of April 6, 2012, King had an argument with the victim during which King stabbed the victim in the leg in a residence located in the Navajo Indian Reservation.  Although the victim tried to get away from King by hiding in a bathroom, King dragged the victim out of the bathroom and stabbed her again.  Thereafter, King shot the victim in the leg as the victim ran out of the residence in an effort to get away from King.  The victim was treated for multiple stab wounds and a gunshot wound on her leg.

On November 13, 2013, King entered a guilty plea to Count 3 of the indictment and admitted using a firearm during an assault she committed on April 6, 2012.

This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Presiliano A. Torrez.  The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project which is sponsored by the Justice Department’s Office on Violence Against Women, and seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both.  The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – Agustin Abascal, 28, of Las Cruces, N.M., was sentenced this morning in Las Cruces federal court to 10 years in federal prison followed by five years of supervised release for his methamphetamine trafficking conviction. 

The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge Joseph M. Arabit of the El Paso Division of the DEA, Special Agent in Charge Bobby Holden of the Las Cruces/Doña Ana County Metro Narcotics Agency and New Mexico State Police Chief Pete N. Kassetas.

Abascal and Mark Anthony Harriman, 45, also of Las Cruces, were arrested in April 2013, based on a criminal complaint charging them with conspiracy to distribute methamphetamine in Doña Ana County, N.M., between Nov. 2012 and March 2013.  According to the complaint, Harriman and Abascal sold quantities of methamphetamine to a New Mexico State Police officer and a DEA informant who were acting in undercover capacities during the five month period.  Both men have been in federal custody since their arrests.

Abascal entered a guilty plea in July 2013, to a one-count felony information charging him with distribution of methamphetamine.  In his plea agreement, Abascal admitted selling methamphetamine to an undercover officer on five separate occasions between Nov. 1, 2012 and March 7, 2013.

Harriman pled guilty in July 2013 to a two-count felony information charging him with possession of methamphetamine with intent to distribute and being a felon in possession of a firearm.  Harriman admitted that between Feb. 6, 2013 and March 14, 2013, he obtained methamphetamine from California and sold it in Las Cruces.  He also admitted selling an ounce of methamphetamine to an informant on Feb. 26, 2013.  Harriman further admitted that he was returning to Las Cruces from California with two ounces of methamphetamine when he was arrested in this case. 

Harriman also admitted that, when federal agents executed a search warrant at his residence, they seized nine firearms and large amounts of ammunition that belonged to him.  Harriman acknowledged that he was prohibited from possessing firearms or ammunition because he previously was convicted of two felony offenses.

On October 29, 2013, Harriman was sentenced to 20 years in federal prison followed by five years of supervised release.  Harriman also was ordered to forfeit the firearms and more than 1000 rounds of ammunition seized from his residence in addition to $13,940 in cash.

This case was investigated by the Las Cruces office of the DEA, the Las Cruces/Doña Ana County Metro Narcotics Agency and the New Mexico State Police, and was prosecuted by Assistant U.S. Attorney Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Hareldo Horse, 31, an enrolled member of the Navajo Nation who resides in Kirtland, N.M., was sentenced this afternoon to 97 months in federal prison followed by five years of supervised release for his sexual assault conviction.  Horse will be required to register as a sex offender when he completes his prison sentence.

The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI and Director John Billison of the Navajo Nation Division of Public Safety.

Horse was arrested on March 11, 2013, on an indictment charging him with sexually assaulting a woman in a location within the Navajo Indian Reservation on Oct. 20, 2012.  He has been in federal custody since that time.  On Sept. 10, 2013, Horse pleaded guilty to the indictment and admitted inappropriately touching the victim’s genitals at a time when the victim was physically in capable of declining to participate in the sexual act.

This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Paul Mysliwiec. The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna.  The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both.  The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – A federal jury sitting in Las Cruces, N.M., returned a verdict earlier today finding Hai Gan guilty on fraud, immigration and witness-tampering charges after a six-day trial.  The verdict was announced by Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas Ulrich, and Chief Patrol Agent Scott A. Luck, El Paso Sector of the U.S. Border Patrol.

Hai Gan, 56, a legal permanent resident from China who resides in The Colony, Texas, was arrested on May 11, 2011, at a U.S. Border Patrol checkpoint on Interstate 25 north of Doña Ana County, N.M., when Border Patrol Agents learned that he was transporting an illegal alien.  Hai Gan subsequently was indicted and charged with 51 counts of fraud in connection with identification documents, eight counts of transporting illegal aliens, three counts of money laundering and two counts of witness-tampering.  The indictment also sought forfeiture of three residences owned by Hai Gan, two in Albuquerque and another in Moriarty, as well as Hai Gan’s residence in The Colony as assets used in or derived from Gan’s illegal activities.

Hai Gan’s trial began on Feb. 3, 2014 and concluded this afternoon when the jury returned a verdict of guilty on all counts.

The evidence at trial established that from Aug. 2009 to May 2011, Hai Gan engaged in a scheme to aid undocumented aliens who were not New Mexico residents in obtaining New Mexico drivers’ licenses by assisting the aliens in fabricating fraudulent documents purportedly establishing New Mexico residency; arranging for the aliens to travel to New Mexico; and assisting the aliens in securing New Mexico drivers’ licenses by fraudulently attesting that they were New Mexico residents.  The evidence also established that Hai Gan advertised his services in Chinese–language newspapers, and charged each alien upwards of $3000 for his services.  Hai Gan would first work with the alien to develop false residency documents using one of the residences he owned in New Mexico as the alien’s address.  After sufficient fraudulent residency documentation was developed, Hai Gan typically would meet the alien at the Albuquerque airport and assist the alien in obtaining a temporary New Mexico driver’s license.  When the alien’s permanent driver’s license was delivered to the address identified as the alien’s residence, Hai Gun would mail the driver’s license to the alien’s true home.

The evidence also established that Hai Gan transported undocumented aliens in Bernalillo and Torrance Counties on eight occasions between Dec. 2009 and May 2011.  An undocumented alien testified that in Nov. or Dec. 2012, Hai Gan attempted to dissuade him from testifying against him by suggesting that he would be arrested if he did not relocate.  The wife of another alien testified that Hai Gan called her and requested that her husband relocate or deny knowledge of Hai Gan’s criminal activities.  

The jury deliberated approximately three hours before returning its guilty verdict.

Hai Gan was remanded into custody after the jury returned its verdict and remains detained pending his sentencing hearing which has yet to be scheduled.  At sentencing, Hai Gan faces the following maximum penalties:  15 years in prison on each of the 51 counts of document fraud; ten years in prison on each of the eight alien transportation counts; ten years in prison on each of the three money laundering counts; and 20 years in prison on each of the witness-tampering charges.  The court will render a verdict on the issue of forfeiture at sentencing.    

This case was investigated Homeland Security Investigations, the U.S. Border Patrol, the Department of Homeland Security-Office of Inspector General, and HSI El Paso’s Financial Operations and Currency Unified Strike Force (FOCUS), which includes DEA, Texas Department of Public Safety, IRS Criminal Investigation and U.S. Secret Service.  The case is being prosecuted by Assistant U.S. Attorneys Randy M. Castellano and Michael S. Pleters. 

ALBUQUERQUE – Javier Orozco, 29, of Anthony, N.M., pleaded guilty this afternoon in Las Cruces federal court to being a felon in possession of a firearm and ammunition under a plea agreement with the U.S. Attorney’s Office. 

Orozco and his brother Victor Manuel Carreon, 23, of Anthony, N.M., were arrested on Sept. 5, 2013, on a criminal complaint charging them with being felons in possession of firearms and ammunition.  The two were subsequently indicted on these charges in Dec. 2013.  The indictment alleged that Orozco and Carreon unlawfully possessed firearms and ammunition in Doña Ana County, N.M., on June 19, 2013.  At the time, the brothers were prohibited from possessing firearms or ammunition because they were convicted felons.  Orozco had been convicted for shooting at a motor vehicle and aggravated assault, and Carreon previously had been convicted for possession of a controlled substance and aggravated fleeing from a law enforcement officer.

According to the criminal complaint, on June 19, 2013, Orozco and Carreon were arrested on state charges by Doña Ana County Sheriff’s deputies who were seeking to arrest Carreon on state warrants.  The deputies detained Orozco in the vicinity of a truck parked outside a residence in Anthony, and arrested Carreon inside the residence.  At the time of his arrest, Carreon was near a trash can that contained a loaded handgun; he admitted ownership of the handgun during a post-arrest interview.  The deputies arrested Orozco after they allegedly found a large amount of cash and a plastic bag containing methamphetamine in Orozco’s pockets.  During a search of the truck, which allegedly was driven primarily by Orozco, officers allegedly found additional currency and a loaded handgun.

This afternoon, Orozco entered a guilty plea and admitted possessing a 9 mm handgun on June 19, 2013.  Orozco has been in federal custody since his arrest in this case and remains detained pending his sentencing hearing.  At sentencing, Orozco faces a maximum penalty of ten years in prison.

On Jan. 7, 2014, Carreon pleaded guilty to being a felon in possession of a firearm and ammunition without the benefit of a plea agreement.  Carreon has been in federal custody since his arrest in Sept. 2013, and remains detained pending his sentencing hearing, which has yet to be scheduled.  Carreon also faces a maximum penalty of ten years in prison when he is sentenced.

This case was investigated by the Las Cruces office of the FBI and the Doña Ana County Sheriff’s Office and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Bill Melot, a farmer from Hobbs, N.M., was sentenced to serve 14 years in prison today to be followed by three years of supervised release for tax evasion, program fraud and other crimes, the Justice Department, Internal Revenue Service (IRS) and U.S. Department of Agriculture’s (USDA) Office of Inspector General announced today.  Melot was also ordered to pay $18,469,998.51 in restitution to the IRS and $226,526 to the USDA.

Melot was previously convicted of tax evasion, failure to file tax returns, making false statements to the USDA and impeding the IRS following a four-day jury trial in Albuquerque, N.M.  According to court documents and evidence presented at trial and at sentencing, Melot has not filed a personal income tax return since 1986, and owes the IRS more than $25 million in federal taxes and more than $7 million in taxes to the state of Texas.  In addition, Melot has improperly collected more than $225,000 in federal farm subsidies from the USDA by furnishing false information to the agency.  Specifically, Melot provided the USDA with a false Social Security number (SSN) and a fictitious employer identification number (EIN) to collect federal farm aid.

According to court documents and evidence presented at trial, Melot took numerous steps to conceal his ownership of 250 acres in Lea County, N.M., including notarizing forged deeds and titling the property in the name of nominees.  The evidence also showed that Melot used false SSNs and fictitious EINs to hide his assets from the IRS.  Additionally, Melot maintained a bank account with Nordfinanz Zurich, a Swiss financial institution, which he set up in Nassau, Bahamas, in 1992, and failed to report the account to the U.S. Treasury Department as required by law.

Assistant Attorney General Kathryn Keneally for the Justice Department’s Tax Division and Acting U.S. Attorney Steven C. Yarbrough for the District of New Mexico commended the investigative efforts of IRS - Criminal Investigation and the USDA’s Office of Inspector General, as well as Tax Division Trial Attorney Jed Silversmith and former Assistant U.S. Attorney George Kraehe, who prosecuted the case.  Assistant Attorney General Keneally and Acting U.S. Attorney Yarbrough also thanked the Criminal Investigation Division of the Texas Comptroller of Public Accounts for assistance in prosecuting this matter.

More information about the Justice Department’s Tax Division and its enforcement efforts is available at www.usdoj.gov/tax/.

ALBUQUERQUE – Lancelot Lapahie, 26, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning to a statutory rape charge under a plea agreement with the U.S. Attorney’s Office.

Lapahie was arrested in Nov. 2013 on an indictment charging him with statutory rape.  According to the indictment, between Aug. 2010 and Dec. 2011, Lapahie engaged in a sexual act with a minor under the age of 16 years.  During today’s hearing, Lapahie pleaded guilty to the indictment.

Under the terms of his plea agreement, Lapahie will be sentenced to 24 months in prison followed by a term of supervised release to be determined by the court.  He also will be required to register as a sex offender.  The 24-month prison sentence will be served concurrently with a 50-month prison sentence Lapahie is serving for his conviction on assault and firearms charges.  

The 50-month prison sentence was imposed on Lapahie in May 2013, following Lapahie’s guilty plea to two assault charges and a possession of an unregistered firearm charge.  In entering his guilty plea to those charges, Lapahie admitted that in March 2012, he stuck a man with a baseball bat and repeatedly struck another man about the head, arms and body with a machete.  The victim of the machete attack suffered multiple stab wounds and cuts to his head, face, forearm, leg and back.

This case is being prosecuted by Assistant U.S. Attorney Novaline D. Wilson, and was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety with assistance from the Navajo Nation Division of Social Services.

ALBUQUERQUE – Roger L. Baeza, 32, of Jal, N.M., was sentenced earlier today to sixty-one months in federal prison followed by three years of supervised release for his conviction on securities fraud, access device fraud and aggravated identity theft charges.  Baeza also was ordered to pay $501,927.10 in restitution to the victims of his crimes.

Baeza’s sentence was announced by Acting U.S. Attorney Steven C. Yarbrough, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, and New Mexico State Police Chief Pete N. Kassetas. 

In Oct. 2012, Baeza was charged in an 81-count indictment which alleged 78 counts of securities fraud, one count of access device fraud and two counts of aggravated identity theft.  According to the indictment, Baeza defrauded two Jal-based businesses, Lea Energy Services, LLC, and Fulfer Oil & Cattle Company, LCC, of more than $500,000 between June 2010 and Feb. 2012, while he was employed as the in-house accountant by the owners of the two businesses. 

In June 2013, Baeza pled guilty to all but one count of the indictment, an aggravated identity theft charge.  In his plea agreement, Baeza admitted from June 2010 to Feb. 2012, he embezzled approximately $311,960.08 from his employers’ companies by issuing checks on company accounts for cash or for goods and services for his personal use.  Baeza also admitted that he covered up his fraudulent conduct by modifying the companies’ accounting records to indicate that the checks had been issued for legitimate purposes. 

Baeza also admitted that from June 2010 to Feb. 2012, he used a company credit card issued in the names of his employers to receive payments and items of value in the aggregate amount of $189,267.02.  Finally, Baeza admitted using his employer’s name and identity in Feb. 2011, to issue and sign a check on a company account in the amount of $5000.00 and using the money for his personal use.

This case was investigated by the Roswell office of the FBI and the New Mexico State Police, and was prosecuted by Assistant U.S. Attorney Norman Cairns.

ALBUQUERQUE – Bryan O’Keef Kimble, 29, of Artesia, N.M., pleaded guilty this afternoon in federal court in Las Cruces, N.M., to six counts of a seven-count indictment charging him with federal firearms and methamphetamine trafficking charges.  The guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough, 3rd Judicial District Attorney Mark D’Antonio and Special Agent in Charge Bernard J. Zapor of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Acting U.S. Attorney Steven C. Yarbrough said that Kimble was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

“Combating violent firearms crimes and the criminal use of firearms is a focus of our enforcement efforts in New Mexico,” stated ATF Special Agent in Charge Bernard J. Zapor.

Kimble was transferred from state custody to federal custody in March 2013 to face federal charges in a criminal complaint alleging that law enforcement authorities seized firearms, methamphetamine and other drugs from Kimble on two separate occasions in Aug. and Sept. 2012.  In Aug. 2013, Kimble was indicted and charged with two counts of being a felon in possession of a firearm and ammunition (Counts 1 and 4); two counts of carrying a firearm in relation to a drug trafficking crime (Counts 2 and 5); two counts of possession of methamphetamine with intent to distribute (Counts 3 and 7); and one count of possession of a firearm with an obliterated serial number (Count 6).

Court records reflect that Kimble was prohibited from possessing firearms or ammunition in 2012 because he previously had been convicted of the following felony offenses:  possession of a controlled substance in the 3rd Judicial District Court for the State of New Mexico (Eddy County); and being a felon in possession of a firearm and possession of a controlled substance with intent to distribute in the U.S. District Court for the District of New Mexico.

According to the criminal complaint, on Aug. 12, 2012, the Doña Ana County Sheriff’s Office arrested Kimble in Las Cruces on local charges after a deputy found a loaded handgun and methamphetamine in Kimble’s possession.  During a search of Kimble’s vehicle, deputies found another firearm, more methamphetamine, marijuana and heroin.  On Sept. 14, 2012, the Las Cruces Police Department and U.S. Marshals Service arrested Kimble in Las Cruces on an outstanding state warrant.  At the time of this second arrest, Kimble was in possession of methamphetamine, approximately 40 pills, and $4,725 in cash; a 9 mm pistol with an obliterated serial number was later found in Kimble’s vehicle.    

During today’s proceedings, Kimble entered guilty pleas to all but Count 5 of the seven-count indictment.  Kimble remains in federal custody pending his sentencing hearing, which has yet to be scheduled. 

At sentencing, Kimble faces the following maximum penalties:  ten years in prison for each of the two felon in possession charges (Counts 1 and 4); less than five years nor more than 40 years in prison on the first methamphetamine trafficking charge (Count 3) and up to 20 years in prison on the second methamphetamine trafficking charge (Count 7); a mandatory five years in prison for carrying a firearm in relation to a drug trafficking crime (Count 4) which must be served consecutive to the sentences imposed on the other charges; and up to five years for possession of a firearm with an obliterated serial number (Count 6).

Kimble is charged with state offenses arising out of the two incidents leading to his federal charges.  The 3rd Judicial District Attorney’s Office is prosecuting those charges.

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the Dona Ana County Sheriff’s Office, the Las Cruces Police Department, the Las Cruces office of the U.S. Marshals Service and the 3rd Judicial District Attorney’s Office, and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Valentino Sanchez, 24, a member of San Felipe Pueblo, N.M., was sentenced this morning to 87 months in federal prison followed by three years of supervised release for his conviction on two assault charges.

Sanchez was arrested on May 22, 2012, after investigation revealed that he had assaulted the victim, his intimate partner, by repeatedly striking and punching her on the head and back with his hands, kicking her, and striking her on the head and back with a stick.  As a result of the assault, the victim suffered an orbital fracture to the right side of her face and a small traumatic subarachnoid hemorrhage to the left front part of the brain.

On Jan. 16, 2013, Sanchez pled guilty to assault with a dangerous weapon and assault resulting in serious bodily injury.  In entering his guilty plea, Sanchez admitted assaulting the victim, a San Felipe Pueblo woman, with a stick on May 14, 2012.  He also admitted that the victim sustained serious bodily injuries as a result of the assault.  The offenses occurred on San Felipe Pueblo land.  

The case was investigated by the Bureau of Indian Affairs, Office of Justice Services, Southern Pueblos Agency, and was prosecuted by Assistant U.S. Attorney Presiliano A. Torrez. It was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna.  The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both.  The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – Lee Baca, 23, a former U.S. Marine Reservist who resides in Albuquerque, N.M., was sentenced this morning to five years in federal prison followed by five years of supervised release for his child pornography conviction.  Baca will be required to register as a sex offender after he completes his prison sentence.

Baca was charged on June 26, 2013, in a five-count indictment charging him with three counts of receipt of visual depictions of minors engaged in sexually explicit conduct and two counts of possession of visual depictions of minors engaged in sexually explicit conduct.  According to the indictment, Baca received child pornography between Dec. 2012 and Feb. 2013, and possessed child pornography in March 2013, in Bernalillo County, N.M.  Baca was arrested on June 29, 2013 by Homeland Security Investigations (HSI) agents, and has been in federal custody since that time.

On Sept. 25, 2013, Baca entered a guilty plea to Count 1 of the indictment, a receipt of child pornography charge.  In his plea agreement, Baca acknowledged that the investigation leading to his arrest began in Oct. 2012, when an agent with the New Mexico Attorney General’s Office (NMAGO) working in an undercover capacity identified an IP Address that was being used to participate in the distribution of child pornography.  On March 5, 2013, after investigation revealed that the IP Address was subscribed to Baca’s residence, HSI agents and officers of the Albuquerque Police Department (APD) executed a federal search warrant at Baca’s residence and seized Baca’s computers and computer-related media. 

In his plea agreement, Baca admitted to participating in a voluntary interview while the search was ongoing and telling the agents and officers that he used file-sharing programs to download child pornography.  Baca acknowledged that an ongoing forensic examination of his computers and computer-related media uncovered more than 2000 videos and images consistent with child pornography.  Baca also acknowledged that an examination of the images and videos on his computers and computer-related media by the National Center for Missing and Exploited Children revealed 564 images and seven videos of 47 children who have been identified as child pornography victims and have been rescued. 

This case was investigated by the Albuquerque office of HSI, the NMAGO and APD.  The case was prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

            The case also was brought as part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 74 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the NMAGO.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Miles J. Riley, 32, pleaded guilty this morning to a domestic assault by a habitual offender charge, announced Acting U.S. Attorney Steven C. Yarbrough and DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services.

Riley, a member of the Pueblo of Laguna who resides in Mesita, N.M., was arrested on Nov. 29, 2013, based on a criminal complaint alleging that he assaulted his intimate partner, a Laguna Pueblo woman, by striking her on the face on Aug. 25, 2013.  Riley subsequently was indicted and charged with domestic assault by a habitual offender based on his two prior domestic violence convictions in the Pueblo of Laguna Tribal Court.

This morning, Riley pled guilty to the indictment and admitted assaulting the victim, his intimate partner, by striking her in the face multiple times with a closed fist on Aug. 25, 2013, in a location within the Pueblo of Laguna. 

Court records reflect that Riley previously was convicted on domestic violence charges before the Pueblo of Laguna Tribal Court in 2012 and 2013.

Riley has been in federal custody since his arrest and and will remain detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Riley faces a maximum sentence of ten years in federal prison.

This case was investigated by the Laguna/Acoma Agency of BIA’s Office of Justice Services and the Pueblo of Laguna Police Department and is being prosecuted by Special Assistant U.S. Attorney David Adams.  It was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna.  The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both.  The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – Phillip Jacob Castaneda, 28, of Carlsbad, N.M., entered a guilty plea this morning in federal court in Las Cruces to violating the Hobbs Act by robbing a business engaged in interstate commerce, announced by Acting U.S. Attorney Steven C. Yarbrough, 5th Judicial District Attorney Janetta B. Hicks, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI and Carlsbad Police Chief Kent Waller.

Castaneda was arrested on federal charges on Aug. 30, 2013, on a criminal complaint alleging that he and a juvenile accomplice robbed the Check ‘n Go store located at 2521 S. Canal Street in Carlsbad at gunpoint on June 5, 2013.  According to the complaint, Castaneda, who was armed with a firearm, went behind the teller counter in the store and removed money from the tellers’ drawers while the juvenile remained near the front of the store and acted as a lookout.  Castaneda and the juvenile were arrested on state charges by officers of the Carlsbad Police Department after witnesses positively identified Castaneda and the juvenile as the robbers.

Today, Castaneda entered a guilty plea to a felony information charging him with violating the Hobbs Act by robbing a business engaged in interstate commerce.  In his plea agreement, Castaneda admitted robbing the Check ‘n Go in Carlsbad at gunpoint on June 5, 2013.  He also admitted threatening the store’s employees with a firearm. 

Castaneda has been in federal custody since his arrest in Aug. 2013, and he remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Castaneda faces a maximum penalty of 20 years in federal prison.

Under the terms of his plea agreement, Castaneda is required to enter a guilty plea in a related state case pending in the 5th Judicial District Court in Eddy County, N.M., after he is sentenced in this federal case.  The sentences imposed in the two cases will run concurrently under the terms of Castaneda’s plea agreement.  

The federal and state cases against Castaneda were investigated by the Roswell office of the FBI and the Carlsbad Police Department.  The federal case is being prosecuted by Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office and the state case is being prosecuted by Chief Deputy District Attorney Davis R. Ruark.

ALBUQUERQUE – Norman Stan Chee, 21, a member of the Mescalero Apache Nation, pleaded guilty this afternoon to a statutory rape charge in federal court in Las Cruces, N.M.  Chee entered his guilty plea without the benefit of a plea agreement.

Chee was arrested in Oct. 2013, based on a criminal complaint alleging that he knowingly engaged in a sexual act with a child between 12 and 16 years of age.  Today Chee entered a guilty plea to a felony information charging him with engaging in a sexual act with a minor who was at least four years younger than Chee on Feb. 21, 2012, at a location within the Mescalero Apache Reservation.

According to court filings, the BIA’s Office of Justice Services initiated an investigation into Chee in July 2012, when officers responded to a call regarding an alleged assault and saw Chee and the victim, who was 15 years old, fleeing from the site of the assault.  During an interview, the victim acknowledged having engaged in sexual activity with Chee.  Chee also was interviewed and admitted that he engaged in sexual acts with the victim.  Chee stated that his sexual relationship with the victim began in Feb. 2012, and admitted knowing that the victim was 15 years old.

Chee is in federal custody and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Chee faces a maximum penalty of 15 years in federal prison followed by a term of supervised release to be determined by the court.

This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U .S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Sheridan Gerard Lester, 24, a member of the Mescalero Apache Nation, pleaded guilty this afternoon to an assault charge in federal court in Las Cruces, N.M.  Under the terms of his plea agreement, Lester will be sentenced to 21 months in prison followed by a term of supervised release to be determined by the court.

Lester was arrested in Aug. 2013, based on a criminal complaint alleging assault with a dangerous weapon and assault resulting in serious bodily injury.  Today Lester entered a guilty plea to a felony information charging him with assault resulting in serious bodily injury and admitted assaulting another Mescalero Apache man on Nov. 27, 2012, at a location within the Mescalero Apache Reservation.

According to the criminal complaint, Lester assaulted the victim on Nov. 27, 2012, at Lester’s residence, which is located within the Mescalero Apache Reservation.  Lester was intoxicated when he began quarreling with the victim and began attacking the victim with his fists.  In his plea agreement, Lester admitted intentionally striking the victim about the body and in the face, causing the victim to suffer serious injuries.

Lester was in tribal custody for 302 days based on a tribal conviction related to the assault charged in the federal case before he was transferred to federal custody.  Lester remains in federal custody pending his sentencing hearing, which has yet to be scheduled.  Under the terms of his plea agreement, Lester will receive credit for the 302 days spent in tribal custody when he is sentenced.

This case was investigated by the Las Cruces office of the FBI and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U .S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Mariano H. Herrera, 59, of Albuquerque, N.M., pleaded guilty this morning to armed bank robbery and firearms charges, and admitted robbing the Wells Fargo Bank branch located on 3401 Coors Blvd. NW, in Albuquerque at gunpoint on Sept. 20, 2013. Herrera entered his guilty plea without the benefit of a plea agreement.

Herrera was arrested on Sept. 20, 2013, and charged in a criminal complaint with armed bank robbery. In Oct. 2013, Herrera was indicted and charged with armed bank robbery and using a firearm in relation to a crime of violence.

Court filings reflect that on Sept. 20, 2013, a man wearing a ski mask entered the bank and drew a handgun from his pants. The masked man brandished the handgun at two bank tellers and demanded that they give him all their money. After the two tellers handed currency to the robber, he left the bank on foot and ran around the building where he got into a pickup truck. Two bank customers, who followed the robber and watched him get into the truck, called “911” and provided the truck’s license plate number.

Deputies of the Bernalillo County Sheriff’s Office proceeded to Herrera’s residence, which was listed as the address for the registered owner of the truck. The deputies arrested Herrera after one of the bank customers positively identified him as the bank robber having seen Herrera’s face as he pulled off the ski mask as he drove away from bank. Herrera then led the deputies to a toolbox that contained Herrera’s handgun and almost all the money Herrera stole from the bank.

Herrera has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Herrera faces a maximum penalty of 25 years in prison on the armed bank robbery conviction and a mandatory minimum seven years in prison on the firearms conviction which must be served consecutive to the sentence imposed on the armed bank robbery charge.

This case was investigated by the Albuquerque office of the FBI and the Bernalillo County Sheriff’s Office and is being prosecuted by Assistant U.S. Attorney Norman Cairns.

ALBUQUERQUE – Dallas Chase Barth, 22, of Albuquerque, N.M., was sentenced this afternoon to 27 months in federal prison followed by two years of supervised release for assaulting an Indian with a dangerous weapon on Aug. 28, 2013, in Taos Pueblo.

Barth was arrested on Aug. 29, 2013, based on a criminal complaint charging him with assault with a dangerous weapon.  According to court filings, on Aug. 28, 2013, Barth took a van belonging to a U.S. Postal Service contractor that contained U.S. mail from outside a convenience store in Espanola, N.M., and led officers from several law enforcement agencies on a high speed chase to Taos Pueblo.   Barth continued speeding through Taos Pueblo lands pursued by two tribal police officers in marked police vehicles. 

Barth’s escapade ended when he drove to a dead end, made a U-turn, and began driving at a high rate of speed towards the two tribal officers who were standing by their parked police vehicles.  One of the tribal officers had to jump out of the way in order to avoid being hit by Barth’s van and the other tribal officer, a member of the Turtle Mountain Chippewa Tribe, narrowly escaped injury by moving towards the rear of his police vehicle.  Shortly thereafter, Barth was arrested after crashing the van.

On Oct. 24, 2013, Barth pled guilty to an assault with a deadly weapon charge.  In his plea agreement, Barth admitted leading a high speed chase that began in Espanola and ended in Taos Pueblo while driving recklessly and at high speeds as he attempted to flee from officers from several law enforcement agencies.  Barth further admitted driving towards two tribal officers, including one who is a member of a federally recognized Indian tribe, at a high rate of speed with the intention of causing bodily harm to them without any justification or excuse.

This case was investigated by the Santa Fe office of the FBI and the Northern Pueblos Agency of the BIA’s Office of Justice Services with assistance from the Taos Pueblo Department of Public Safety, the New Mexico State Police, Taos County Sheriff’s Office and Rio Arriba Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.

ALBUQUERQUE – Snyder Geronimo III, 23, a member of the Mescalero Apache Nation, pleaded this afternoon to sexual abuse of a minor in federal court in Las Cruces, N.M.  Geronimo entered his guilty plea without the benefit of a plea agreement.

Geronimo was arrested in early April 2013, based on a criminal complaint alleging that he knowingly engaged in a sexual act with a child between 12 and 16 years of age.  Geronimo subsequently was indicted and charged with sexually abusing of a minor from July 2012 through Oct. 22, 2012, in locations within the Mescalero Apache Reservation.

According to court filings, the BIA’s Office of Justice Services initiated an investigation into Geronimo on Oct. 23, 2012, after a motorist reported seeing an intoxicated 13-year old female (victim) in the company of an adult man.  During questioning by officers, the victim admitted having engaged in sexual activity with Geronimo on multiple occasions.  On Jan. 30, 2012, Geronimo was arrested on tribal charges arising out of his relationship with the victim.  During questioning, Geronimo acknowledged having had a sexual relationship with the victim since July 2012.  Geronimo also stated that he had been told that the victim was 13 or 14 years old.

Today Geronimo pled guilty to the indictment and admitted that he knowingly engaged in sexual acts with the victim, who was 13 years of age, from July 2012 through Oct. 2012.  Geronimo also admitted that his criminal conduct occurred on the Mescalero Apache Reservation.

Geronimo has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, he faces a maximum penalty of 15 years in federal prison followed by a term of supervised release to be determined by the court.

            This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U .S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Late this afternoon a federal jury returned a verdict finding Antonio Gutierrez, 44, of Albuquerque, N.M., guilty on three production of child pornography charges after a five-day trial.  The announcement was made by Acting U.S. Attorney Steven C. Yarbrough, Special Agent Carol K.O. Lee of the FBI’s Albuquerque Division and Albuquerque Police Chief Allen Banks.

In announcing the jury’s verdict, Acting U.S. Attorney Steven C. Yarbrough said, “The jury’s verdict clearly demonstrates that this community will not tolerate predatory acts like the ones carried out by Antonio Gutierrez.  Rather than provide the trusting, protective environment the child living in his home deserved, Mr. Gutierrez instead sexually exploited her.  He must now face the full consequences of the law for his actions.”

Gutierrez was arrested in Aug. 2012, based on a criminal complaint alleging that he induced a minor to engage in sexually explicit conduct for the purpose of producing child pornography.  Gutierrez subsequently was charged with three counts of production of child pornography in a superseding indictment alleging that he committed the offenses between Aug. 2011 and Nov. 2011 in Bernalillo County, N.M.

Trial against Gutierrez began on Jan. 21, 2014, where the victim testified that in May 2011, Gutierrez gave her a cellphone on her 16th birthday and told her that he would pay for the first month of service.  In June 2011, Gutierrez told the victim that he would pay the cellphone service bill if she repaid him with nude photographs of herself.  The victim used her cellphone to take two photographs of her without clothes and sent the images to Gutierrez’s cellphone. 

The victim testified that this began a monthly cycle of Gutierrez refusing to pay for her cellphone service unless she provided nude photographs of herself.  With each passing month, Gutierrez escalated the nature and extent of the sexual conduct in which the victim was required to engage when photographed.  For example, On Aug. 1, 2011, Gutierrez demanded to be in the photographs and took photographs as he posed nude next to and on top of the nude victim.  On Aug. 2, 2011, Gutierrez positioned the victim in sexually explicit poses before taking photographs of her.  And on Sept. 26, 2011, Gutierrez took photographs after positioning his genitals against the victim’s genitals.

In Nov. 2011, after the victim reported Gutierrez’s unlawful conduct to the Albuquerque Police Department, officers executed a search warrant at Gutierrez’s residence and seized computers, computer-related media and cellphones.  A subsequent forensic examination of Gutierrez’s personal computer revealed many sexually explicit photographs, including sexually explicit photographs of the victim taken by Gutierrez.

Gutierrez took the stand in his own defense and denied that he produced any child pornography as alleged in the superseding indictment.  Gutierrez also claimed that he did not know how the child pornography ended up on his computer.  The jury deliberated approximately three hours before returning a verdict of guilty on each of the three counts of the superseding indictment.

Gutierrez is in custody pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Gutierrez faces a mandatory 15 and a maximum of 30 years in federal prison followed by a term of supervised release to be determined by the court.

FBI Special Agent in Charge Carol K.O. Lee stated, “Few crimes that the FBI investigates are as heartbreaking as the production of child pornography.  We hope this verdict sends a clear signal to anyone who would endanger our children's innocence by committing this crime:  we are looking for you, we will find you, and we will make sure you are prosecuted to the fullest extent of the law.  I thank the FBI Special Agents and New Mexico Regional Computer Forensics Lab staff who worked so diligently on this case, along with the Albuquerque Police Department.”

This case was investigated by the Albuquerque office of the FBI, the Albuquerque Police Department and the New Mexico Regional Computer Forensic Laboratory.  Assistant U.S. Attorneys Jennifer M. Rozzoni and Marisa A. Lizarraga are prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

The Operation also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 75 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the NMAGO.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Thirty-nine individuals residing in Eddy, Chaves and Lincoln Counties, N.M., and one from west Texas are facing drug trafficking and firearms charges as the result of a multi-agency investigation targeting drug traffickers in southeastern New Mexico.  The investigation culminated this morning when 27 of the defendants were arrested during an early morning law enforcement operation led by the DEA and the HIDTA Region VI Pecos Valley Drug Task Force.  Another 13 of the defendants were arrested during the course of the investigation. 

The results of the investigation were  announced by Acting U.S. Attorney Steven C. Yarbrough, 5th Judicial District Attorney Janetta B. Hicks, Special Agent in Charge Joseph M. Arabit of the DEA’s El Paso Division, Eddy County Sheriff Scott M. London, Carlsbad Police Chief Kent Waller, and Commander James McCormick of the HIDTA Region VI Pecos Valley Drug Task Force.

The charges against the 40 defendants are the result of a year-long investigation that initially targeted a methamphetamine trafficking organization allegedly led by Israel Mireles-Rivera that distributed quantities of methamphetamine throughout southeastern New Mexico and then expanded to include other drug trafficking activity in the area.  The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.

In announcing the results of the investigation, Acting U.S. Attorney Steven C. Yarbrough said, “This investigation was a coordinated effort to crackdown on drug trafficking in southeastern New Mexico.  It is part of our statewide fight against illegal drugs and the cycle of violence that goes hand in hand with drug trafficking.  Those who choose to engage in drug trafficking should be on notice that federal, state, and local law enforcement are committed to working together to put you out of business and into a prison cell.”

Fifth Judicial District Attorney Janetta B. Hicks added, “This investigation has significantly impacted the distribution network for methamphetamine and other controlled and dangerous drugs in Southeastern New Mexico.  The cooperation between and commitment of the federal, state and local agencies has been extraordinary.  The collaboration between the United States Attorney’s Office and the 5th Judicial District Attorney’s Office has been extremely close, focusing upon the jurisdiction, whether state or federal, where those charged can best be tried.

These cooperative efforts will continue beyond this investigation.  The goal is to work toward the eradication of any viable network of distribution of methamphetamine and other drugs within Eddy County and the entire 5th Judicial District.  Methamphetamine destroys lives and leads to serious violent offenses. We will continue to work together toward the final goal.  I have nothing but the highest praise for all of the agencies and individuals participating in today’s operation.  These men and women have gone above and beyond the call of duty in order to ensure Eddy County is a safe place to live, work and raise families.  My deepest appreciation goes out to them.”

During the course of the investigation and today’s law enforcement operation, officers seized more than five pounds of methamphetamine, approximately $53,400 and 24 firearms, including evidence seized during the arrests of Mireles-Rivera and Rodrigo Ivan Cazares in Oct. 2013.

Mireles-Rivera, 32, a Mexican national illegally in the United States, was arrested in Carlsbad, N.M., on Oct. 17, 2013, based on a criminal complaint alleging methamphetamine trafficking and firearms charges.  At the time of his arrest, Mireles-Rivera allegedly was in possession of two firearms, and officers seized  approximately 230 grams of methamphetamine, more than $8,000.00 and five additional firearms when they executed a search warrant at his residence. 

Rodrigo Ivan Cazares, 32, a resident alien from Mexico, was arrested in Artesia on Oct. 15, 2013, based on a criminal complaint after he allegedly attempted to sell 2.8 kilograms of methamphetamine to an officer who was acting in an undercover capacity.

“Methamphetamine destroys the lives of its abusers and has far-reaching negative effects in the areas where it takes hold,” said Special Agent in Charge Joseph M. Arabit of DEA’s El Paso Division.  “By targeting local distribution networks in southeastern New Mexico, DEA and our state and local law enforcement partners are working to reduce overall crime and improve the quality of life for area residents.   The numerous arrests and seizures in this investigation are the result of our close cooperation and part of our ongoing efforts to ensure that drug traffickers are held responsible for the harm they cause.”

“This operation is the culmination of an extraordinary cooperative effort involving federal, state and local law enforcement entities,” said Eddy County Sheriff Scott M. London.  “I am proud that the Eddy County Sheriff's Office was able to play a major role in this operation and I applaud all the men and women from every other agency involved.  We are and will continue to be committed to the safety and security of Eddy County.”

Carlsbad Police Chief Kent Waller said, “This investigation not only addresses illegal drug activity in Carlsbad, New Mexico but how drug organization affect our way of life throughout the United States.  This multi-jurisdictional operation demonstrates how our law enforcement agencies work hand-in-hand to protect our families against illegal drugs.  The efforts of our officers and agents today will affect our quality of life in Carlsbad, New Mexico for some time.  Thankfully, they all went home safe tonight, and will be back on the streets tomorrow working to keep us safe.”

These cases are the result of an investigation by the DEA OCDETF Strike Force in Las Cruces and the HIDTA Region VI Pecos Valley Drug Task Force.  Assistant U.S. Attorneys Renee L. Camacho and Alexander Shapiro of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the federal cases, and Chief Deputy District Attorney Davis R. Ruark and his Assistant District Attorneys are prosecuting the state cases.  The following agencies participated in today’s law enforcement operation:  the El Paso Division of the DEA, FBI, U.S. Border Patrol, U.S. Marshals Service, Bureau of Alcohol, Tobacco, Firearms and Explosives, BIA’s Office of Justice Services, New Mexico State Police, Artesia Police Department, Carlsbad Police Department, Chaves County Metro Narcotics Task Force, Chaves County Sheriff’s Office, Eddy County Sheriff’s Office, Eddy County Detention Center, Lea County Drug Task Force, Lincoln County Sheriff’s Office, Loving Police Department and Roswell Police Department.

The HIDTA Region VI Task Force is comprised of officers and investigators from the Artesia Police Department, Carlsbad Police Department, Eddy County Sheriff’s Office, FBI, HSI, the Probation and Parole Division of the New Mexico Corrections Department and the 5th Judicial District Attorney’s Office.  The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988.  HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

Defendants Charged in Federal Cases

Juan Antonio Alvarez-Ramirez, 35, a resident alien from Mexico residing in Artesia, N.M., was indicted on marijuana trafficking and firearms charges.  If convicted, he faces a maximum penalty of five years in prison on the marijuana charges and a mandatory minimum of five years in prison on one of the firearms charges.  Alvarez-Ramirez was arrested on Jan. 23, 2014.

Rodrigo Ivan Cazares, 32, a resident alien from Mexico residing in Artesia, N.M., was indicted on methamphetamine trafficking charges.  If convicted, he faces a mandatory minimum of ten years to a maximum of life in prison.  Cazares was arrested on Oct. 17, 2013 on a criminal complaint and is detained pending trial.

Mickah Chavez, 19, of Artesia, N.M., was indicted on methamphetamine trafficking charges.  If convicted, he faces a maximum of 20 years in prison.  Chavez was arrested on Jan. 23, 2014.

Gabriel Gonzales, 25, of Roswell, N.M., was indicted on methamphetamine trafficking and firearms charges.  If convicted, he faces a maximum penalty of 20 years in prison on the methamphetamine charge and a mandatory minimum of five years in prison on one of the firearms charges.   Gonzales is in state custody on unrelated charges and will be transferred to federal custody.

Ediberto Guzman, 60 of Carlsbad, N.M., was indicted on a methamphetamine trafficking charge.  If convicted, he faces a mandatory minimum of ten years to life in prison.  Guzman was arrested today.

Ronnie Joe Lopez, 29, of Odessa, Tex., is charged with marijuana trafficking and firearms charges.  If convicted, he faces a maximum penalty of five years in prison on the marijuana charges and a mandatory minimum of five years in prison on one of the firearms charges.  Lopez was arrested today.

Israel Mireles-Rivera, 32, a Mexican national illegally in the United States and residing in Hagerman, N.M., was indicted on methamphetamine trafficking and firearms charges.  If convicted, he faces a mandatory minimum of ten years to life in prison on the methamphetamine trafficking charges and a maximum of ten years in prison on the firearms charge.  Mireles-Rivera was arrested on Oct. 17, 2013 on a criminal complaint and is detained pending trial.

Michael Ortiz, 44, of Carlsbad, N.M., was indicted on a methamphetamine trafficking charge.  If convicted, he faces a mandatory minimum of ten years to a maximum of life in prison.  Rodriguez was arrested on Jan. 23, 2014.

Sandra Rodriguez, 36, of Roswell, N.M., was indicted on a methamphetamine trafficking charge.  If convicted, she faces a mandatory minimum of ten years to a maximum of life in prison.  Rodriguez was arrested today.

Felipe Salamanca, 42, of Artesia, N.M., is charged with unlawful possession of firearms in a criminal complaint.  If convicted, he faces a maximum penalty of ten years in prison.  Salamanca was arrested today.

Dominic Sedillo, 22, of Roswell, N.M., was indicted on methamphetamine charges.  If convicted, he faces a mandatory minimum of five years to a maximum of 40 years in prison.  Sedillo was arrested today.

Defendants Charged in State Cases

The following defendants, who have been arrested, are charged in criminal complaints filed in the 5th Judicial District Court for the State of New Mexico:

Patrick Acevedo, 20, of Carlsbad, N.M.
Albert Armijo, 21, of Carlsbad, N.M.
Karen Bucy, 54, of Carlsbad, N.M.
Odilon Campana-Campos, 46, of Ruidoso, N.M.
Cliff Davis, 27, of Carlsbad, N.M.
Dusty Davis, 25, of Artesia, N.M.
Marlene Davis, 45, of Loving, N.M.
Brian Devine, 19, of Carlsbad, N.M.
Marcos Franco, 45, of Carlsbad, N.M.
Joselyn Garcia, 28, of Carlsbad, N.M.
Jose Grado, 31, of Artesia, N.M.
Debra K. Harris, 48, of Carlsbad, N.M.
Kyle Henry, 20, of Artesia, N.M.
Lorinda Hernandez, 49, of Carlsbad, N.M.
Christina Martinez, 26, of Carlsbad, N.M.
Reynaldo Martinez, 26, of Carlsbad, N.M.
Dillon McLaughlin, 30, of Artesia, N.M.
Adan R. Molinar, 36, of Carlsbad, N.M.
Chris Montes, 35, of Artesia, N.M.
Jared Moore, 32, of Carlsbad, N.M.
Jeremy A. Morgan, 24, of Carlsbad, N.M.
George Munoz, 18, of Carlsbad, N.M.
Gonzalo Rodriguez, 20, of Artesia, N.M.
Jesus Sanchez, 26, of Carlsbad, N.M.
Rhonda Snowden, 49, of Artesia, N.M.
Anna Sola, 42, of Carlsbad, N.M.
Josephine Tatum, 37, of Carlsbad, N.M.
Joe Tiller, 51, of Carlsbad, N.M.
Dendall Whiteman, 25, of Artesia, N.M.

Charges in indictments and criminal complaints are only accusations.  All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

ALBUQUERQUE – Walter Lee Deiter, 55, of Corrales, N.M., was sentenced this morning to 15 years in federal prison followed by five years of supervised release for being a felon in possession of a firearm, announced Acting U.S. Attorney Steven C. Yarbrough, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Bernard J. Zapor of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Chief Allen Banks of the Albuquerque Police Department.

Acting U.S. Attorney Steven C. Yarbrough said that Deiter was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this anti-violence initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

“Firearms in the hands of convicted felons are a serious threat to public safety.  A big thanks to the law enforcement community and the U.S. Attorney’s Office for making our communities safer and putting Walter Deiter where he belongs,” Said 2nd Judicial District Attorney Kari E. Brandenburg.

Deiter was indicted in March 2010, and charged with unlawfully possessing a firearm and ammunition on Nov. 12, 2009, in Bernalillo County, N.M.  At the time, Deiter was prohibited from possessing firearms or ammunition because he previously had been convicted of 13 felony offenses, including burglary, grand theft, drug trafficking and bank robbery offenses in Florida; a drug trafficking offense in Oklahoma; and being a felon in possession of a firearm in federal court in New Mexico.  Deiter was on supervised release after having served a 46-month prison sentence for his first federal conviction when he was arrested in this case.

A federal jury convicted Deiter in Aug. 2012, after a four-day trial.  According to the evidence at trial, when Albuquerque Police Department officers responded to a domestic violence call to 911 made by Deiter’s wife shortly after midnight on Nov. 12, 2009, they observed a man, later identified as Deiter, and a woman standing outside in the cold.  When Deiter and the woman saw the officers approaching, they separated and began walking in opposite directions.  Although the officers attempted to speak to Deiter, he continued to walk away from them.  Moments later, an officer observed Deiter, who was standing on the second floor balcony of a nearby apartment complex, bend down and place something on the balcony floor.  Deiter then complied with the officers’ orders to come down from the balcony.  When an officer started towards the apartment complex to check the balcony, Deiter became visibly nervous and bolted away from the officers.  After Deiter was apprehended, an officer went up to the balcony and found a revolver in a holster on the balcony floor.  Deiter’s DNA subsequently was found on both the revolver and the holster.

Special Agent in Charge Bernard J. Zapor of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives said, “Today’s sentencing of Deiter should serve as a harsh reminder to habitual criminals that gun crime will equal hard time.  ATF will not tolerate the illegal possession of firearms by prohibited persons.  I want to commend Acting U.S. Attorney Steven Yarbrough and Chief Allen Banks of the Albuquerque Police Department for their partnership and support.”

“The Albuquerque Police Department would like to thank the U.S. Attorney and his dedicated staff for the successful prosecution of this career criminal,” said Chief Allen Banks of the Albuquerque Police Department.  “Today’s sentencing sends a clear message to habitual criminals that local law enforcement is working closely with federal prosecutors will find a way to hold them accountable for their crimes in our community.  The sentence handed down today is also a victory for victims of domestic violence everywhere, showing that their aggressors will face significant jail time when they commit their crime while being a prohibited possessor of a firearm.”

The case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office and was prosecuted by Assistant U.S. Attorneys Lynn W.Y. Wang and Kimberly A. Brawley.

ALBUQUERQUE – Sherie Rena Pete, 24, an enrolled member of the Navajo Nation who resides in Iyanbito, N.M., was sentenced this morning to a year and a day in federal prison followed by three years of supervised release for her involuntary manslaughter conviction.

Pete was arrested on May 14, 2013, on a criminal complaint charging her with involuntary manslaughter based on a single motor vehicle crash on May 5, 2013, in Iyanbito, which is located on the Navajo Indian Reservation that resulted in the death of a three-year old child.  Two other individuals were injured as a result of the crash. 

On Aug. 7, 2013, Pete pled guilty to involuntary manslaughter and admitted killing the victim while driving under the influence of alcohol.  Pete admitted that she had been drinking alcohol before driving her vehicle off the roadway, overcorrecting, and flipping the vehicle one and a half times.

 This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Jacob A. Wishard.

ALBUQUERQUE – Robin Cash, 56, of Albuquerque, N.M., was sentenced this morning to 24 months in federal prison followed by three years of supervised release for her conviction on embezzlement and tax charges.  Cash also was ordered to pay $202,775 in restitution to the victim of her criminal conduct and $66,575 in tax loss for years 2008 to 2010 to be paid directly to the IRS.  Cash’s sentence was announced by Acting U.S. Attorney Steven C. Yarbrough and Dawn Mertz, Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.

Cash was charged in a seven-count indictment with four counts of theft concerning programs receiving federal funds, and three counts of willful failure to file a tax return.  At the time of the offenses charged in the indictment, Cash was employed as the Executive Director of the La Pasada Halfway House (La Pasada), a residential center in Albuquerque that provides housing for defendants in the federal criminal justice system, including those awaiting trial and those who are re-entering society after serving a prison sentence.  Court filings reflect that the Pretrial Services Office (PTS) of the U.S. District Court for the District of New Mexico contracted with the not-for-profit corporation that operates La Pasada to cover the costs of providing a custodial residential environment for federal defendants.  PTS made monthly payments of approximately $60,000 to $80,000 to La Pasada to cover these costs, and La Pasada deposited the funds in its business bank account.

According to court filings, after Cash became Executive Director of La Pasada in April 2008, she was added as a signatory on the halfway house’s business bank account and received a debit card for the account.  Between Sept. 2008 and Jan. 2011, Cash made unauthorized debits to La Pasada’s business bank account and used the proceeds for her own benefit and not for La Pasada’s benefit.  The unauthorized debits included checks written for services that were never provided to La Pasada; ATM withdrawals at various Albuquerque locations, including casinos; and debit card charges at casinos in Las Vegas, Nev. 

In April 2010, Cash opened a checking account and corresponding bank account in the name of La Pasada without authorization.  Thereafter and until Feb. 2011, Cash regularly took funds that La Pasada residents were required to pay to defray their housing costs and deposited the funds into the unauthorized account.  She then used the funds to pay for personal expenses that did not benefit La Pasada.

On May 15, 2013, Cash entered a guilty plea to all seven counts in the indictment without the benefit of a plea agreement.  In entering her guilty plea, Cash admitted that, while acting as an agent of an organization that received at least $10,000 in funds on an annual basis under a federal program, she embezzled funds from the organization and converted those funds for her own use.  Cash also admitted that she failed to file federal income returns for calendar years 2008, 2009 and 2010.

            The case was investigated by IRS Criminal Investigation and was prosecuted by Assistant U.S. Attorney Fred J. Federici.

ALBUQUERQUE – Donovan Eric Williams, 24, an enrolled member of the Navajo Nation who resides in Whippoorwill, Ariz., was sentenced to 46 months in federal prison followed by three years of supervised release for assaulting a federal officer, announced Acting U.S. Attorney Steven C. Yarbrough and Director John Billison of the Navajo Nation Division of Public Safety.

Williams was arrested on April 24, 2013, based on a criminal complaint charging him with assault with a dangerous weapon.  According to the complaint, Williams assaulted a Sergeant of the Navajo Nation Division of Public Safety by deliberately veering his vehicle into her police vehicle on March 21, 2013, near Church Rock, N.M.  Williams subsequently was indicted and charged with assaulting a federal officer who was engaged in the performance of her official duties because the tribal officer possessed a Special Law Enforcement Commission from the BIA at the time of the assault. 

On Oct. 21, 2013, Williams pled guilty to the indictment and admitted intentionally assaulting a federal officer on March 21, 2013.  In his plea agreement, Williams acknowledged that, at the time of the assault, he was being pursued by a tribal officer who was attempting to pull his vehicle over and the federal officer was approaching him from the opposite direction.  Williams admitted intentionally striking the federal officer’s vehicle even though the officer had pulled her marked police vehicle off to the side of the road to avoid a collision.   Williams subsequently learned that the officer was commissioned as a federal law enforcement officer at the time of the assault.

This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Jacob A. Wishard.

ALBUQUERQUE – Bertha Damon, 44, an enrolled member of the Navajo Nation who resides in Mentmore, N.M., was sentenced to 63 months in federal prison followed by three years of supervised release for her voluntary manslaughter conviction. 

On Sept. 16, 2013, Damon pleaded guilty to a felony information charging her with killing a man by striking him with a piece of firewood on the Navajo Indian Reservation on May 21, 2011.  The guilty plea was entered without the benefit of any plea agreement.

According to court filings, Damon and the victim, her husband of 24 years, returned to their home after a night of drinking and began arguing.  During the argument, Damon repeatedly struck the victim in the head with a piece of firewood.  The victim died as the result of multiple blunt force traumas to the head.

Damon, who has been on conditions of release since entering her guilty plea, is required to surrender to a federal correctional facility to be designated by the U.S. Bureau of Prison within 60 days.

            This case was investigated by the Gallup office of the FBI, the Crownpoint office of the Navajo Nation Division of Public Safety and the New Mexico State Police.  Assistant U.S. Attorney Jacob A. Wishard prosecuted the case.

ALBUQUERQUE – Louie Valdez, 61, pleaded guilty this morning to a federal assault charge under a plea agreement with the U.S. Attorney’s Office. 

Valdez, a member of Isleta Pueblo who resides in Bosque Farms, N.M., was indicted in Nov. 2012, and charged with assault resulting in serious bodily injury and assault with a dangerous weapon.  According to the indictment, Valdez seriously injured a man by running over him with a vehicle on Aug. 10, 2011, in Isleta Pueblo. 

During today’s proceedings, Valdez pled guilty to the first count of the indictment charging him with assault with resulting in serious bodily injury.  In his plea agreement, Valdez admitted that on Aug. 10, 2011, he intentionally drove his pickup truck over the victim and the victim suffered serious injuries as a result.

Valdez was remanded into federal custody after entering his guilty plea and will remain detained pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Valdez faces a maximum penalty of ten years in prison. 

This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services with assistance from the Isleta Tribal Police Department, and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.

ALBUQUERQUE – Brian George Campbell, 50, of Fremont, Indiana, was sentenced to 24 months in federal prison followed by ten years of supervised release for failing to comply with the Sex Offender Registration and Notification Act (SORNA).  Campbell will be required to register as a sex offender when he completes his prison sentence.

SORNA, also known as the Adam Walsh Protection and Safety Act, requires that convicted sex offenders register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations. 

In early June 2013, the U.S. Marshal Service arrested Campbell based on a criminal complaint alleging that Campbell had violated SORNA by failing to update his sex offender registration.  According to court filings, Campbell was required to comply with SORNA because he has two prior child sex abuse convictions.  Campbell was convicted of lewd and lascivious conduct on a child under the age of 16 years in Florida in Nov. 1984, and sentenced to two and a half years in prison.  In May 1988, he was convicted of criminal sexual conduct on a child under the age of 13 years in Michigan and 19 years in prison. 

In 2011, after his release from prison, Campbell registered as a sex offender in Michigan.  In 2012, he moved to Indiana where he registered as a sex offender as required.  In March 2013, the State of Indiana issued an arrest warrant for Campbell for failing to update his registration.  Indiana state officials subsequently notified the U.S. Marshals Service in New Mexico that Campbell was believed to be in New Mexico.

In May 2013, the U.S. Marshals Service determined that Campbell was living in Albuquerque and working as a security guard.  It also determined that Campbell had failed to register with the Bernalillo County Sheriff’s Office as required by SORNA.  Campbell was arrested by the U.S. Marshals Service on June 6, 2013, and has been in federal custody since that time.

On Sept. 16, 2013, Campbell pled guilty to an indictment charging him with failure to update his sex offender registration and admitted that he failed to comply with SORNA’s registration requirements when he came to New Mexico in April 2013.

“The United States Marshals Service is widely acclaimed, locally, nationally and internationally, for its efforts to effectively investigate and pursue those that have been charged as sex offenders.  It is this effectiveness that is combined with a network of local, county, state, federal and tribal law enforcement community, all unified with a common goal of maintaining continual monitoring of sex offenders in order to prevent predatory and violent acts from occurring,” said U.S. Marshal Conrad E. Candelaria.  “This recent sentence that was spearheaded by the United States Attorney’s Office is another example of the zero tolerance pursued against those that would dare to injure or harm a child.”

Acting U.S. Attorney Steven C. Yarbrough commended the U.S. Marshal Service Assistant U.S. Attorney David Adams for their work on this case.

ALBUQUERQUE – Yesterday a United States Magistrate Judge entered orders in two cases that require two men to pay $1000.00 fines and to abandon their firearms for attempting to board airplanes at the Albuquerque International Sunport in Albuquerque, N.M., with loaded firearms in their carry-on luggage.

Matthew T. O’Conner, 51, of Los Angeles, Calif., and Todd A. Bourgeois, 32, of Albuquerque, N.M., each entered into an Agreement and Consent Order in separate cases to resolve alleged criminal and civil violations of federal laws that prohibit individuals from possessing firearms on their persons or accessible property when entering inspection areas in airports or boarding airplanes.

Court filings reflect that on Nov. 14, 2013, O’Connor was issued a criminal misdemeanor citation after Transportation Security Administration (TSA) officers found a Jennings J-22 firearm loaded with six rounds of .22 caliber ammunition in his luggage during the security inspection process.  Bourgeois was issued a criminal misdemeanor citation on Dec. 2, 2013, after TSA officers found a Glock-19 firearm loaded with 15 rounds of 9 mm ammunition in his luggage, including a round that was chambered, when inspecting his carry-on luggage.  Bourgeois’ firearm was not hidden but instead was packed at the top of an outer pouch of his carry-on luggage.  Neither O’Connor nor Bourgeois was prohibited by law from possessing firearms when they were cited.

In separate Agreements and Consent Orders filed today, O’Connor and Bourgeois each admitted violating the civil regulatory prohibition against possessing firearms in airport security inspection areas or while boarding an airplane.  Each man agreed to pay a $1000 fine and voluntarily abandon his firearm to resolve the misdemeanor charge and avoid further civil penalties arising from his violation.

“These two cases are part of an ongoing effort to address security challenges at airports in New Mexico as weapon seizures at airports continue to increase,” said Acting U.S. Attorney Steven C. Yarbrough.  “Hopefully, cases like this will increase public awareness of federal laws and regulations that prohibit possession of weapons, explosives and incendiary devices at airports and on planes and help ensure safe air travel.”

 “TSA officers at Albuquerque International Sunport recovered 17 guns from passengers at security checkpoints in 2012 and 12 guns were detected during screening in 2013,” said TSA Albuquerque Federal Security Director George Andler.  “TSA continues to educate travelers on the importance of knowing what they’ve packed, both for their safety and the safety of their fellow travelers.”  Director Andler also noted that “simple rules for traveling with firearms can be found on our website (www.tsa.gov), including packing the gun in a secure, locked box in your checked bag and declaring it to your airline at check-in.”

These two cases were investigated by TSA with assistance from the Albuquerque Aviation Police.  Assistant U.S. Attorney William J. Pflugrath represented the United States in the judicial proceedings.

• O'Conner Order

• Burgeois Order
  

ALBUQUERQUE – Earlier today a federal judge sentenced the former executive director of the Taos County Housing Authority (TCHA) and her husband to prison terms for conspiring to steal federal funds.  The couple also was ordered jointly to pay $786,014.04 in restitution.  Carmella Martinez, 42, of Arroyo Seco, N.M., was sentenced to 30 months in federal prison and her husband Paul G. Martinez, 44, was sentenced to 24 months of imprisonment.  Each will serve a two-year term of supervised release when released from custody.

The sentences were announced by Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge Phyllis Grissom Robinson, Region 6, U.S. Department of Housing and Urban Development (HUD) Office of Inspector General, and Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI.

Carmella and Paul Martinez were charged in Dec. 2012 in a 49-count federal indictment with conspiracy, theft from programs receiving federal funds, and theft of government property.  The indictment alleged that between Nov. 2003 and Dec. 2011, Carmella and Paul Martinez stole federal funds provided by HUD to the TCHA for a housing program that provides affordable housing for low-income Americans.  During that time, Carmella Martinez was employed by the TCHA, initially as a Financial Specialist and later as its Executive Director.

HUD is a federal agency with a core mission to make quality, affordable housing accessible to all Americans.  It oversees and funds programs designed to provide affordable housing to low-income Americans, including the Housing Choice Voucher Program which is commonly referred to as “Section 8.”  Through the Section 8 Program, HUD pays rent subsidies known as “Housing Assistance Payments” (HAP) to approved property owners and landlords on behalf of eligible low-income beneficiaries.  The TCHA administers the Section 8 Program on behalf of HUD in Taos County and receives approximately $2.8 million in funds annually from HUD. 

According to the indictment, while employed by the TCHA, Carmella Martinez was responsible for processing HAP checks to approved Section 8 property owners and landlords and providing preliminary approval of requests for rent subsidies to property owners and landlords under the Section 8 Program.  She abused her position with TCHA by conspiring with her husband to engage in the theft of Section 8 housing funds.  Carmella Martinez stole the money by issuing fraudulent HAP checks for Section 8 housing assistance to payees, including to Paul Martinez and to bank accounts held by her and Paul Martinez.  Carmella and Paul Martinez then presented the fraudulent checks for payment at various locations.

The couple pled guilty in Aug. 2013, to Count 1 of the indictment charging them with conspiracy to commit theft concerning programs receiving federal funds and to commit theft of government property.   In her plea agreement, Carmella Martinez admitted that she began issuing fraudulent, duplicate Section 8 HAP checks for the benefit of herself and her husband in 2000, and that her husband began conspiring with her to steal federal funds from the TCHA in 2003.  Carmella Martinez admitted that she and her husband engaged in their unlawful scheme until Dec. 2011, when they learned they were the subjects of a criminal investigation, and that she and her husband stole at least $786,014.04 in federal funds through their unlawful scheme.

In his plea agreement, Paul Martinez admitted that he began conspiring with his wife to steal funds from TCHA, a program that receives federal funds, in 2003, and that their scheme continued until Dec. 2011, when they learned about the criminal investigation that led to the indictment against them.

As required by the plea agreements, the United States moved to dismiss the remaining 48 counts of the indictment after Carmella and Paul Martinez have been sentenced.

Special Agent in Charge Phyllis Grissom Robinson of Region 6 of HUD’s Office of Inspector General said “The sentence imposed against Ms. Martinez and her husband should send a strong message that the United States Department of Housing and Urban Development, Office of Inspector General will aggressively investigate those who fail to exercise integrity in connection with HUD programs, the end result will be both unpleasant and costly to the offending party.”

“For many low-income people in New Mexico, government rent assistance can mean the difference between having a roof over their heads or being homeless.  Stealing from these programs is like taking money out of the pockets of those who need it the most,” said Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division.  “The FBI will continue to work with our partners to make sure this kind of crime is aggressively investigated and the guilty parties brought to justice.  I thank the FBI Special Agents who worked on this case, along with the U.S. Department of Housing and Urban Development Office of Inspector General and the U.S. Attorney's Office.”
Acting U.S. Attorney Steven C. Yarbrough commended the HUD Office of Inspector General, the Albuquerque Division of the FBI and Assistant U.S. Attorney Shana B. Long for their work on the case.

ALBUQUERQUE – Lawrence Shije, 35, a member and resident of Zia Pueblo, pleaded guilty this morning to a federal arson charge.

Shije was indicted on Oct. 30, 2013, and charged with setting fire to and burning a dwelling located on Zia Pueblo on June 30, 2012.  Today, Shije pled guilty to the indictment and admitted maliciously setting fire to and burning a small area of a residence located on Zia Pueblo.  In his plea agreement, Shije acknowledged that the owner of the residence is the mother of his two children, and that she and the children were in the residence at the time he started the fire.

Under the terms of his plea agreement, Shije will be sentenced to a year and a day in prison followed by a term of supervised release to be determined by the court.   Shije remains at a half-way house under pretrial supervision pending his sentencing hearing, which has yet to be scheduled.

This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and is being prosecuted by Special Assistant U.S. Attorney David Adams.  It was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna.  The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both.  The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – James Allen Moquino, 32, a member of Santa Clara Pueblo, N.M., was sentenced this afternoon to 42 months in federal prison followed by three years of supervised release for his assault conviction, announced Acting U.S. Attorney Steven C. Yarbrough and DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services.

Moquino was arrested on July 5, 2013 based on an indictment charging him with assaulting a woman and causing her serious bodily injury.  According to the indictment, Moquino committed the crime on Nov. 21, 2010, in Indian Country within Rio Arriba County. 

On Sept. 30, 2013, Moquino entered a guilty plea to the indictment and admitted that he assaulted his intimate partner and the mother of his child by repeatedly striking her in the head and face causing her to suffer serious bodily injury.  Moquino further admitted that the assault occurred within Santa Clara Pueblo. 

This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and is being prosecuted by Special Assistant U.S. Attorney David M. Adams. It was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna.  The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both.  The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.

ALBUQUERQUE – Johncarlos Ortiz, 40, a non-native resident of Pojoaque Pueblo, N.M., was sentenced this morning to five years in prison followed by 15 years of supervised release for his child pornography conviction.  Ortiz will be required to register as a sex offender when he completes his prison sentence.  Ortiz also was ordered to pay $500 in restitution to the identified victim in the crime of conviction.

Ortiz was arrested in Sept. 2012, on a criminal complaint alleging that he possessed and distributed child pornography at his residence in Pojoaque Pueblo.   The investigation of this case was initiated in July 2012, after the National Center for Missing and Exploited Children (NCMEC) received information that images consistent with child pornography had been posted on a social networking site and sent the tip to the New Mexico Attorney General’s Office (NMAGO).  In early Aug. 2012, after determining that the images were posted using an email account subscribed to Ortiz, the NMAGO and the New Mexico Internet Crimes Against Children (ICAC) Task Force contacted the FBI.  On Sept. 11, 2012, the FBI executed a federal search warrant at Ortiz’s residence and seized a computer and a computer flash drive that contained images consistent with child pornography.

On Aug. 1, 2013, Ortiz pled guilty to a felony information charging him with receipt of a visual depiction of a minor engaged in sexually explicit conduct.  In his plea agreement, Ortiz admitted receiving a visual depiction of a minor involved in sexual explicit conduct on Sept. 11, 2012.  Ortiz also admitted downloading images consistent with child pornography from various websites.  Court records reflect that Ortiz’s unlawful conduct occurred in a residence on the Pojoaque Pueblo.

This case was investigated by the Santa Fe office of the FBI, the NMAGO, the New Mexico Regional Computer Forensic Laboratory and the New Mexico ICAC Task Force.  Assistant U.S. Attorney Jacob Wishard prosecuted the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

The Operation also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the NMAGO.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Acting U.S. Attorney Steven C. Yarbrough announced today that the U.S. Attorney’s Office for the District of New Mexico collected $1,150,777.56 in criminal and civil actions in Fiscal Year 2013.  Of this amount, $915,306.03 was collected in criminal actions and $235,471.53 was collected in civil actions

Additionally, the U.S. Attorney’s Office for the District of New Mexico worked with other components of the Department of Justice to collect an additional $11,801,237.00 in cases pursued jointly with these offices.  Of this amount, $3,840.00 was collected in criminal actions and $11,797,397.00 was collected in civil actions.

The U.S. Attorney’s Office for the District of New Mexico working with partner agencies and divisions, also collected $1,292,980.00 in asset forfeiture actions and $420,544.68 in collateral forfeitures in misdemeanor prosecutions in FY 2013, bringing the Office’s total collections to $14,665,539.24. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
             
Attorney General Eric Holder announced on Thursday that the Justice Department collected approximately $8.1 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2013.  The more than $8 billion in collections in FY 2013 represents nearly three times the appropriated $2.76 billion budget for the 94 U.S. Attorney’s offices and the main litigating divisions in that same period.

“The department’s enforcement actions help to not only ensure justice is served, but also deliver a valuable return to the American people,” said Attorney General Holder. “It is critical that Congress provide the resources necessary to match the department’s mounting caseload. As these figures show, supporting our federal prosecutors is a sound investment.”

“The U.S. Attorney’s Office is dedicated to protecting the public and recovering funds for the federal treasury and for victims of federal crime,” said Acting U.S. Attorney Steven C. Yarbrough.  “We will continue to hold accountable those who seek to profit from their illegal activities.”

Acting U.S. Attorney Yarbrough commended Assistant U.S. Attorneys Howard R. Thomas, Stephen R. Kotz, Cynthia L. Weisman, Sarah M. Davenport, Brock Taylor, William J. Pflugrath, Anna R. Wright, Paul Mysliwiec and Charles L. Barth and staff members Julie Ford, Lois Agnes, Feather Astor, Lois Golden, Sandra Campbell, Robbie Mahan, Doreen Dowling and Elizabeth Buckley for their combined efforts in recovering funds on behalf of the United States.  He also commended U.S. Marshal Conrad E. Candelaria and the U.S. Marshals Service for facilitating the collection of funds from the criminal and civil forfeiture actions.

The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims.  The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss.  While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.

The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws.  In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.

ALBUQUERQUE – Maximiliano Cordova, 20, of Albuquerque, N.M., was sentenced this afternoon to 188 months in federal prison followed by a lifetime of supervised release for his child pornography conviction.  Cordova also was ordered to pay $500 to the identified victim in his count of conviction.  The sentence was announced by Acting U.S. Attorney Steven C. Yarbrough and Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division.

Cordova was arrested by the FBI on May 6, 2013, on a criminal complaint alleging that he distributed, received and possessed visual depictions of minors engaged in sexually explicit conduct.  Cordova subsequently was indicted and charged with two counts of distribution of child pornography, two counts of receipt of child pornography, and one count of possession of child pornography.

The investigation leading to Cordova’s arrest was initiated in mid Jan. 2013, after an FBI agent who was working in an undercover capacity in New Jersey signed onto a publicly available peer-to-peer (P2P) file sharing network that was being used by individuals who were sharing child pornography images.  The agent learned that one of the individuals sharing child pornography images on the P2P network was using an IP Address subscribed to Cordova’s residential address.  On May 3, 2013, the FBI executed a search warrant at Cordova’s residence. 

While executing the search warrant, FBI agents observed a laptop computer on Cordova’s bed that was running and displaying information for the P2P network that was used for sharing child pornography.  The FBI seized the laptop computer, other computers and other computer-related media from Cordova’s residence.  A forensic of the laptop computer confirmed that it contained child pornography images.

On Oct. 1, 2013, Cordova entered a guilty plea to one count of distribution of child pornography.  In his plea agreement, Cordova admitted that he had been using a file sharing program to distribute, receive and possess child pornography for approximately six months prior to his arrest.  Cordova also acknowledged that a forensic examination of his computers and computer-related media revealed that Cordova possessed more than 1000 child pornography images and videos.

This case was investigated by FBI and the New Mexico Regional Forensic Lab, and was prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga.  It was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

The Operation also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – William Winzenburg, Jr., 28, of Albuquerque, N.M., was sentenced this afternoon to five years in federal prison followed by a lifetime of supervised release for his child pornography conviction.

Winzenburg was arrested on Feb. 7, 2013 on a criminal complaint and has been in federal custody since his arrest.  Winzenburg subsequently was indicted in March 2013, and charged with two counts of receiving visual depictions of minors engaged in sexually explicit conduct and two counts of possession of a visual depiction of minors engaged in sexually explicit conduct.

Court records reveal that the investigation into Winzenburg was initiated in Nov. 2013 after the Bernalillo County Sheriff’s Office (BCSO) received information from the National Center for Missing and Exploited Children that a specific IP address was being used to receive child pornography.  On Feb. 7, 2013, after determining that the IP address was subscribed to Winzenburg, the FBI and BCSO executed a search warrant at Wenzenburg’s residence and seized computers and computer-related media which contained child pornography.

On Oct. 1, 2013, Winzenburg entered a guilty plea to Count 1 of the indictment, charging him with receipt of child pornography.  In his plea agreement, Winzenburg admitted that he voluntarily participated in a recorded interview with the FBI and BCSO on Feb. 7, 2013, during which he admitted downloading child pornography images and videos from the Internet.

The case was investigated by the FBI, BCSO and the New Mexico Regional Computer Forensic Laboratory, and was prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga.  It was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

The Operation also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – John A. Crowe, 54, of Albuquerque, N.M., pleaded guilty this morning to distribution of visual depictions of minors engaged in sexually explicit conduct.  Under the terms of his plea agreement, Crowe will be sentenced to a prison term of not less than ten years and not more than 15 years to be followed by a term of supervised release to be determined by the Court.  Crowe will be required to register as a sex offender after he completes his prison sentence.

The guilty plea was announced by Acting U.S. Attorney Steven C. Yarbrough, Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigations (HSI) in El Paso, Texas, and Chief Pete N. Kassetas of the New Mexico State Police (NMSP).

Crowe was arrested in May 28, 2011, on a criminal complaint charging him with transportation and possession of child pornography, and has been in federal custody since that time.  In June 2011, Crowe was indicted on child pornography charges.  A superseding indictment was filed in July 2012, charging Crowe with advertising child pornography in March 2011, transportation of child pornography in Nov. 2010; distribution of child pornography on two occasions in March 2011, and possession of child pornography from April 2011 to May 2011.  The indictment alleged that Crowe committed these offenses in Bernalillo County, N.M.

According to court filings, the investigation leading to Crowe’s arrest began in March 2011, when an officer with the Online Predator Unit of the New Mexico State Police (NMSP) identified an IP address that was being used to share files containing child pornography while conducting an investigation targeting those who share child pornography on peer-to-peer file sharing networks.  Subsequent investigation revealed that the IP address was subscribed to Crowe at a residential address in west side of Albuquerque.

On May 26, 2011, HSI and the NMSP executed a search warrant at Crowe’s residence seized a computer and computer-related media.  During a recorded interview that day, Crowe admitted using his computer to search for and download child pornography.  A subsequent forensic examination of the computer and computer-related media revealed that they contained images and videos of child pornography, including videos of minor females who appeared to be filmed by a hidden camera located in a bathroom and a bedroom of a residence.  During a recorded interview on May 28, 2011, Crowe admitted that he recorded the videos using a video-camera when he lived in Alabama and Georgia and that the minor females were daughters of former girlfriends who were not aware that he was filming them as they undressed.  Crowe acknowledged bringing the child pornography with him when he moved to New Mexico in Nov. 2010.
           
Today, Crowe pled guilty to Count 6 of the superseding indictment charging him with distribution of child pornography, and admitted distributing an image of child pornography on March 12, 2011.  Crowe remains in custody pending his sentencing hearing, which has yet to be scheduled. 

This case was investigated by the Albuquerque office of HSI and the NMSP and is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

The Operation also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 64 federal, state and local law enforcement agencies associated with the ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Tyrell Elliot Frank, 27, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today to 41 months in federal prison to be followed by two years of supervised release for his assault conviction.

Frank was arrested in April 2012, based on a criminal complaint charging him with assault.  He subsequently was indicted and charged with assault with a dangerous weapon and assault resulting in serious bodily injury.  According to court filings, on April 1, 2012, Frank repeatedly struck another Navajo man with a machete.  As a result of the assault, the victim suffered severe cuts to his left arm and his back.

In Aug. 2013, Frank pleaded guilty to Count 2 of the indictment, charging him with assault resulting in serious bodily injury.  In his plea agreement, Frank admitted that during the early hours of April 1, 2012, people arrived at his residence and approached him.  Frank stated that, because he recently had been released from the hospital after having been assaulted, he struck a person he did not know with a machete causing him serious bodily injury.  Frank stated that he later learned that the victim did not intend to harm him.

This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorney Jacob A. Wishard.