District of New Mexico

ALBUQUERQUE – Elroy Duffy, 51, a member and resident of the Mescalero Apache Nation, was arrested on March 7, 2013, on a criminal complaint charging him with sexual assault. Duffy entered a not guilty plea to the complaint yesterday, and this morning a U.S. Magistrate Judge in Las Cruces ordered Duffy detained pending trial.

According to the criminal complaint, Duffy allegedly sexually assaulted a Mescalero Apache woman on Oct. 14, 2012, in a residence located within the Mescalero Apache Reservation. The victim required medical care for the injuries she allegedly sustained as a result of the assault.

Court records reflect that Duffy was in tribal custody from Oct. 18, 2012 until his arrest on federal charges.

If convicted, Duffy faces a maximum sentence of life in prison and will be required to register as a sex offender. Charges in criminal complaints are merely accusations and Duffy is presumed innocent unless found guilty beyond a reasonable doubt.

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

ALBUQUERQUE – Malcolm Altisi, 31, a member of the Navajo Nation who resides in Shiprock, N.M., pled guilty this morning to second degree murder and attempted robbery charges under a plea agreement with the U.S. Attorney’s Office. Under the terms of the plea agreement, Altisi will be sentenced to 19 years in prison followed by not more than five years of supervised release.

Altisi and his co-defendant, Emery Whitehair, 21, a Navajo man from Shiprock, were charged in an eight-count superseding indictment based on events occurring on Oct. 17, 2011, on the Navajo Indian Reservation. According to court records, on that day, Altisi killed Rolan Joe, a 25-year-old Navajo man, after Altisi and Whitehair attempted to rob another Navajo man. Whitehair is charged with assaulting the robbery victim with a dangerous weapon and causing the victim serious bodily injury. Whitehair also is charged with using a firearm in relation to a crime of violence.

During today’s plea hearing, Altisi admitted that, on Oct. 17, 2011, he attempted to rob a man at his Shiprock home and brandished a firearm at the victim in an effort to compel the victim to give him money. Altisi also admitted shooting Mr. Joe with a .357 revolver later that day when Mr. Joe traveled to Altisi’s residence to confront Altisi about the attempted robbery. Mr. Joe died as a result of the gunshot wound inflicted by Altisi.

Altisi has been in federal custody since his arrest on Nov. 10, 2011, and will remain detained pending his sentencing hearing, which has yet to be scheduled.

Whitehair has entered a not guilty plea to the offenses with which he is charged. The charges against Whitehair are only accusations and he is presumed innocent unless proven guilty beyond a reasonable doubt. Whitehair has been in federal custody since Oct. 18, 2011, and remains detained pending his trial, which is scheduled for April 15, 2013.

The case is being prosecuted by Assistant U.S. Attorneys Jack E. Burkhead and Jennifer M. Rozzoni, and was investigated by the Albuquerque and Farmington offices of the FBI and the Shiprock Division of the Navajo Nation Department of Public Safety.

ALBUQUERQUE – Jesus Omar Lopez-Valle, 28, of Jarales, N.M., and his brother, Hector Manuel Lopez-Valle, 24, of Albuquerque, N.M., pled guilty on Friday afternoon to methamphetamine trafficking charges. Jesus Lopez-Valle also pled guilty to the unlawful possession of firearms. The two men, who are Mexican nationals illegally present in the United States, entered their guilty pleas without the benefit of any plea agreement.

Jesus Lopez-Valle and Hector Lopez-Valle each pled guilty to a superseding indictment charging them with conspiracy and possession of methamphetamine with intent to distribute. Jesus Lopez-Valle also pled guilty to being an illegal alien in possession of firearms.

Their co-conspirator, Adaucto Chavez-Meza, 20, a Mexican national residing in Belen, N.M., pled guilty on Feb. 25, 2013, to an indictment charging him with conspiracy and possession with intent to distribute charges. Chavez-Meza also entered his guilty plea without the benefit of any plea agreement.

According to court records, from Feb. 21, 2012 to March 1, 2012, Jesus Lopez-Valle and Hector Lopez-Valle conspired with Chavez-Meza to sell four pounds of methamphetamine to an individual who, unbeknownst to them, was an undercover officer. On March 1, 2012, Jesus Lopez-Valle, Hector Lopez-Valle and Chavez-Meza were arrested in Albuquerque after they displayed more than four pounds of methamphetamine to the undercover officer. During postarrest interviews, Chavez-Meza admitted that they intended to sell the methamphetamine to the undercover officer for approximately $60,000. Jesus Lopez-Valle also admitted that the three men intended to sell the methamphetamine to the undercover officer, and Hector Lopez-Valle admitted transporting the methamphetamine from Belen to Albuquerque.

All three men have been in federal custody since they were arrested and will remain detained pending their sentencing hearings, which have yet to be scheduled. At sentencing, each man faces a mandatory minimum ten years in prison and a maximum of life in prison for the drug trafficking conviction, and Jesus Lopez-Valle faces up to ten years in prison for his firearms conviction. The men will be deported after they complete their prison sentences.

The case was prosecuted by Assistant U.S. Attorneys Samuel A. Hurtado and Nicholas J. Ganjei and was investigated by the Albuquerque office of the FBI.

ALBUQUERQUE –Wilson Harry, Jr., 55, an enrolled member of the Navajo Nation who resides in Kirtland, N.M., was sentenced this afternoon to 63 months in prison followed by ten years of supervised release for his abusive sexual contact conviction. Harry will be required to register as a sex offender after he completes his prison sentence.

Harry pled guilty on Aug. 6, 2012 to sexually assaulting a Navajo child under the age of 16 by touching the child’s genitals during the summer of 2009. The sexual assault occurred in Shiprock, N.M., which is within the Navajo Indian Reservation.

Harry has been in federal custody since his arrest on Jan. 9, 2012.

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

ALBUQUERQUE –Cruz Tenorio, 29, a member and resident of Kewa Pueblo, N.M., pled guilty this morning to a negligent child abuse charge under a plea agreement with the U.S. Attorney’s Office.

During today’s plea hearing, Tenorio admitted abusing a three-year-old Indian child in 2011 by negligently tattooing the letter “I” on the child’s arm. Tenorio admitted using rudimentary, homemade instruments, tools and unsterilized materials to tattoo the child, and that he did not take sufficient precautions to prevent possible infection. Tenorio had no formal training in the application of Tattoo body art when he tattooed the child at his home on Kewa Pueblo.

Under the terms of his plea agreement, Tenorio will be sentenced to six months of imprisonment followed by a term of supervised release to be determined by the Court. Tenorio also will be required to pay restitution in an amount adequate to ensure that the child victim is able to obtain any psychological and medical services necessary arising from the offense, including the removal of the tattoo. Tenorio also is required to pay restitution to cover the costs of removing the tattoos he applied to another victim in March 2012, when the victim was 15 years old.

The case was investigated by the Bureau of Indian Affairs, Office of Justice Services, Southern Pueblos Agency, and is being prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.

ALBUQUERQUE – Shelda Sutton Mendoza, 60, of Albuquerque, N.M., pled guilty this morning to evading federal taxes. Under the terms of her plea agreement, Sutton Mendoza faces a prison sentence of 10 to 16 months in prison followed by not more than three years of supervised release. Sutton Mendoza also will be required to pay $167,362 in restitution to the IRS.

Sutton Mendoza was indicted in Dec. 2011, and charged with five counts of tax evasion. At the time of the crimes charged in the indictment, Sutton Mendoza was owner and sole shareholder of NYSNC Environmental, Inc. (NYSNC), an environmental clean-up and testing service established in 2000 and incorporated in Oct. 2003. NYSNC contracted primarily with the New Mexico Environmental Department, where Sutton Mendoza was employed in the Petroleum Storage Bureau for more than six years before leaving to establish NYSNC. The indictment charged Sutton Mendoza with evading federal personal and corporate taxes during tax years 2003, 2004 and 2005 by intentionally filing false tax returns that misrepresented her personal and corporate taxable income.

According to the plea agreement, Sutton Mendoza routinely used NYSNC funds to pay for personal expenses. In 2003 and 2004, she used more than $70,000.00 in company funds to pay for a custom designed in-ground swimming pool with custom mosaic murals and more than $200,000.00 in company funds to pay for personal clothing, handbags and cosmetics. Sutton Mendoza admitted that paying for personal expenses with company funds rendered the money taxable as personal income to her, and that she knowingly concealed from the IRS the extent of both NYSNC’s and her taxable income.

In her plea agreement, Sutton Mendoza admitted that for tax years 2003 and 2004, she signed and filed false personal and corporate federal tax returns which omitted significant personal and corporate income. She acknowledged intentionally filing a false tax return for NYSNC for calendar year 2003 in which she reported only $1,447,855.00 of the company’s gross income of $1,803,844.52, and thus evaded $17,021.00 in federal taxes. Sutton Mendoza also intentionally evaded $76,660.00 in personal income taxes for calendar year 2003 by underreporting her gross income of $261,152.00. For calendar year 2004, Sutton Mendoza reported only $851,998.00 of NYSNC’s gross income of $1,138,090.02, and thus evaded $2,121.00 in federal taxes. She also intentionally evaded $71,560.00 in personal income taxes in calendar year 2004 by underreporting her gross income of $250,580.00.

Sutton Mendoza’s sentencing hearing has yet to be scheduled.

The case was investigated by IRS, Criminal Investigation, and is being prosecuted by Assistant U.S. Attorney Mary L. Higgins.

ALBUQUERQUE – A federal jury late this afternoon convicted Kevin Casaus, 25, a former corrections officer at the Bernalillo County Metropolitan Detention Center (MDC) in Albuquerque, N.M., on obstruction of justice and falsification of records charges, announced the Justice Department.

Casaus and fellow former MDC corrections officers, Demetrio Juan Gonzales, 40, and Matthew Pendley, 26, were indicted in June 2012, and charged with various crimes related to the assault of an inmate housed at MDC on Dec. 21, 2011, and subsequent attempts to cover up and impede the investigation of the assault. In Oct. 2012, Gonzales pleaded guilty to violating the civil rights of an individual in his custody when he struck and choked the victim in the shower room/dress out area of MDC. Pendley pleaded guilty in Feb. 2012 to obstructing justice by making false statements to law enforcement during their investigation of the assault on an inmate.

Trial of Casaus on obstruction of justice, falsification of records and assault charges began on March 4, 2013. According to the evidence at trial, during the early morning hours of Dec. 21, 2011, Gonzales was assigned to the Receiving-Discharge-Transfer (RDT) Unit at MDC where individuals are brought to be booked soon after they are arrested. His job was to photograph and fingerprint those who are brought to RDT for booking. The victim, who had been arrested for Driving While Intoxicated, was verbally uncooperative during the booking process, but was not a physical threat to anyone. Gonzales testified that he became angry at the victim and walked him to the shower room where he knew there were no surveillance cameras. Several other corrections officers, including Casaus, followed Gonzales to the shower room. There, Gonzales physically assaulted the victim, striking him multiple times, and choking him. Gonzales testified that he beat the victim “in a blind rage” and then had to wash the victim’s blood off his hands. He further testified that the victim did not do anything to justify the beating.

According to the testimony, Casaus and two other corrections officers were present in the shower room during the beating. Additionally, a former inmate who was in the hallway outside the shower room at the time of the beating, overheard groans and sounds consistent with the assault coming from the shower room. He was then tasked with cleaning the blood that was on the floors and walls of the shower room. The victim testified that, after Gonzales left the shower room, Casaus assaulted him by shoving him and striking him. Casaus falsely stated during a recorded interview with a Bernalillo County Sheriff’s Office investigator that the victim was not assaulted in the shower room, the victim was not bleeding, and that they only brought the victim to the shower room to ask him to change out of his clothes. Casaus falsified his report when he wrote that he saw blood on the victim's clothes, but did not know where the blood came from.

The jury deliberated approximately four hours before returning a verdict of guilty on the obstruction of justice and falsification of records charges, and not guilty on the assault charge.

“Today's verdict affirms that law enforcement officers are not above the very laws they are sworn to uphold,” said Assistant Attorney General Thomas E. Perez. “As in this case, the Civil Rights Division will work closely with our United States Attorneys to vigorously prosecute police misconduct.”

Casaus faces a maximum penalty of 20 years in prison when he is sentenced. His sentencing hearing has yet to be scheduled. Gonzales was sentenced in Jan. 2013 to 33 months in prison. Pendley’s sentencing hearing also has not been scheduled.

“When those who are sworn to uphold the law and protect others instead abuse their power and position, they undermine the public’s confidence in the justice system and our government institutions,” said Kenneth J. Gonzales, U.S. Attorney for the District of New Mexico. “The U.S. Attorney’s Office and the Department of Justice are committed to promoting trust in our system of justice by vigorously prosecuting those who obstruct justice.”

“Corrections officers have a special duty to safeguard the civil rights of the inmates they oversee. That is why the Albuquerque FBI aggressively investigated this case that also resulted in the guilty pleas of two other former MDC officers,” said Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI. “I would like to congratulate the FBI Special Agents for their hard work, and the U.S. Attorney's Office and the Justice Department’s Civil Rights Division for three successful and important civil rights prosecutions. I also want to thank the Bernalillo County Sheriff's Office and the Metropolitan Detention Center's executive management and internal affairs staff.”

This case was investigated by the Albuquerque Division of the FBI and is being prosecuted by Assistant U.S. Attorney Mark T. Baker for the District of New Mexico and Trial Attorney Fara Gold of the Civil Rights Division of the U.S. Department of Justice.

ALBUQUERQUE – Thirteen residents of Cibola County, N.M., have been charged with drug trafficking and firearms charges as a result of a multi-agency investigation spearheaded by the DEA, announced U.S. Attorney Kenneth J. Gonzales, Thirteen Judicial District Attorney Lemuel L. Martinez, Special Agent in Charge Joseph M. Arabit of the DEA’s El Paso Field Division, and Chief Robert Shilling of the New Mexico State Police.

Eleven of the 13 defendants were arrested earlier today during an early morning arrest operation. One defendant was already in state custody on an unrelated charge, and one has yet to be arrested and is considered a fugitive. Seven of the 11 defendants arrested today are facing federal charges while the remaining four are facing state charges. Four of the federal defendants are charged in two indictments filed under seal on February 27, 2013, and unsealed earlier today. The other three federal defendants are charged in criminal complaints. The four state defendants arrested today also are charged in criminal complaints.

Today’s arrests are the result of a 22-month multi-agency investigation into drug trafficking in Cibola County, which was led by the DEA and the New Mexico State Police with assistance from the Grants Police Department. The investigation, code-named “Operation Ice Cave,” was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program. OCDETF is 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.

The federal defendants include Anthony Lusk, 24, of San Rafael, N.M., and Peter Valdez, 26, of Grants, N.M., who are charged with methamphetamine trafficking offenses in a two-count indictment. According to the indictment, Lusk and Valdez conspired to distribute and did distribute more than 50 grams of methamphetamine in Cibola County in Oct. 2012. If convicted, each faces a minimum ten years to life in prison. Lusk and Valdez were arrested this morning.

A second federal indictment charges Paul Barker, 46, and Leena Martinez, 31, and Nestor Valdez, 49, of San Rafael, with drug trafficking charges. Barker, Martinez and Nestor Valdez allegedly conspired to distribute and did distribute methamphetamine on multiple occasions in Cibola County between May 2011 and Dec. 2012. The indictment also charges Martinez and Nestor Valdez with distributing heroin in Aug. 2012. Nestor Valdez also is charged with being a felon in possession of a firearm. If convicted on the drug trafficking charges, Barker, Martinez and Nestor Valdez each face a minimum of five years to a maximum of 40 years in prison. Nestor Valdez faces up to ten years in prison if convicted on the firearms charge. Martinez and Nestor Valdez were arrested this morning. Barker has yet to be arrested and is considered a fugitive.

Rachel Basurto, 52, of Grants, was arrested on federal methamphetamine and heroin trafficking charges this morning. If convicted, she faces a minimum five years to a maximum of 40 years in prison. Two other individuals were arrested on federal firearms charges. Adrian O. Leyva-Villalobos, 41, and Alberto Lujan-Ruiz, 50, both Mexican nationals who were residing in San Rafael, are charged with being illegal aliens in possession of firearms. Each faces a maximum of ten years in prison if convicted.

The seven federal defendants are scheduled to make their initial appearance in federal court tomorrow morning.

The following five state defendants were arrested this morning on possession of a controlled substance charges: Donald Cantrell, 63, of San Rafael; Richard Corley, 51, of Milan, N.M.; Isaac Fleming, 41, of San Rafael; Elisha Valery Muller, 27, of Belen, N.M.; and Ermalinda Rodriguez, 42, of San Rafael. Marcela Camacho, 29, of Grants, who was already in state custody on an unrelated charge, also has been charged with possession of a controlled substance. These defendants are charged in criminal complaints filed in the District Court for the Thirteenth Judicial District of the State of New Mexico.

During the course of the investigation, law enforcement officers obtained approximately a pound of methamphetamine from the defendants charged in the two federal indictments. During today’s law enforcement operation, they seized an additional 112 grams of heroin and 56 grams of methamphetamine, more than $30,000 in cash, ten firearms, ballistics body armor and a vehicle.

In announcing today’s arrests, U.S. Attorney Gonzales said, “I commend the dedicated efforts of the DEA, the New Mexico State Police and the Grants Police Department as well as the prosecutors in my office and Thirteenth Judicial District Attorney’s Office in this significant OCDETF investigation. Because of their hard work and diligence, the people who live in Cibola County have a safer place to live and raise families.”

“The indictments, arrests and seizures in this investigation are the direct result of outstanding partnerships with state and local law enforcement,” said Mr. Arabit, DEA Special Agent in Charge. “By holding drug dealers responsible for their crimes, we are making significant progress in our efforts to prevent the spread of methamphetamine trafficking and abuse. We will continue to work together to have a positive impact in local communities.”

“This raid was sorely needed in Cibola County,” said District Attorney Martinez. “I want to thank all involved for all their time and effort, and I hope we can continue this type of effort not only within the Thirteenth Judicial District but throughout the State of New Mexico. Drug traffickers beware, we will get you.”

“The New Mexico State Police is committed to addressing quality of life issues in our communities around the state,” said New Mexico State Police Chief Shilling. “Today’s successful operation is proof of that commitment, and that commitment includes strong relationships with our federal partners in making our communities safe and secure. Drugs, and the associated crimes, continue to be one of the highest priority initiatives in our agency, and we will continue to aggressively target those that choose to disrupt the safety, security, and happiness of our citizens. I wish to thank the State Police Investigations Bureau and our federal partners for all of their hard work, dedication, and perseverance in making our communities safer.”

These cases were investigated by the DEA and the New Mexico State Police with assistance from the Grants Police Department. The federal cases are being prosecuted by Assistant U.S. Attorney Joel R. Meyers and Shammara H. Henderson, and the state cases are being prosecuted by Assistant District Attorney Troy Gray. The Albuquerque Police Department, Bernalillo County Sheriff’s Office, U.S. Marshals Service, U.S. Border Patrol, El Paso County Sheriff’s Office and Careflight Medevac Services assisted in this morning’s law enforcement operation.

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

ALBUQUERQUE – This afternoon, Phillip Derek Lorenzo, 24, a member and resident of Laguna Pueblo, pled guilty to an indictment charging him with assaulting a federal officer. The guilty plea was announced by U.S. Attorney Kenneth J. Gonzales and DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services.

Lorenzo was indicted on Sept. 25, 2012, on a charge of assaulting a federal officer on Nov. 11, 2011, in Cibola County, N.M. According to the indictment, on Nov. 11, 2011, Lorenzo repeatedly struck and kicked an officer of the Laguna Pueblo Tribal Police Department who holds a Special Law Enforcement Commission from the BIA when the officer responded to a call at a residence located in Laguna Pueblo.

During today’s proceedings, Lorenzo pled guilty to the indictment and admitted assaulting a federal officer and employee who was engaged in the performance of his official duty without cause or excuse. More specifically, Lorenzo admitted punching and kicking the federal officer during a struggle.

At sentencing, Lorenzo faces a maximum penalty of eight years in prison. His sentencing date has yet to be scheduled.

The case was investigated by the BIA, Office of Justice Services, Southern Pueblos Agency, with assistance from the Laguna Pueblo Tribal Police Department, and is being prosecuted by Assistant U.S. Attorney Kyle T. Nayback.

ALBUQUERQUE – Ernest Brian Tucker, 59, of Corrales, N.M., was sentenced this morning to 97 months in prison followed by 15 years of supervised release for his child pornography conviction. Tucker will be required to register as a sex offender when he completes his prison sentence. Tucker’s sentence was announced by U.S. Attorney Kenneth J. Gonzales and Special Agent in Charge Dennis A. Ulrich, II, of Homeland Security Investigation (HSI) in El Paso, Texas.

Tucker has been in federal custody since his arrest on March 7, 2012, on a criminal complaint charging him with child pornography offenses. Tucker subsequently was indicted and charged with three counts of receipt of a visual depiction of minors engaged in sexually explicit conduct and two counts of possession of a visual depiction of minors engaged in sexually explicit conduct. On Nov. 8, 2012, Tucker pled guilty to Count 2 of the indictment, a receipt of child pornography charge.

According to court filings, on March 7, 2012, the New Mexico Internet Crimes Against Children (ICAC) Task Force executed a search warrant at Tucker’s residence and seized computers and computer-related media. The search warrant was based on an undercover investigation initiated in Jan. 2012 by the New Mexico State Police aimed at identifying those who possess, receive and distribute child pornography. The search warrant was obtained after the investigation revealed that an IP Address subscribed to Tucker's residence was participating in the distribution of child pornography.

In entering his guilty plea, Tucker admitted that, while the search warrant was executed, he voluntarily participated in a recorded interview with ICAC Task Force officers during which he admitted that he used a file-sharing program to down-load child pornography. Tucker also acknowledged that an examination of his computer and computer-related media revealed approximately 38,000 images and videos consistent with child pornography, including more than 2,700 images and videos of numerous children who have been identified as child pornography victims and have been rescued.

Assistant U.S. Attorney Charlyn E. Rees prosecuted the case, which was investigated by Homeland Security Investigations, the New Mexico State Police, the New Mexico ICAC Task Force and the New Mexico Regional Computer Forensic Lab.

Tucker was charged as part of Operation Artemis, an investigative effort by federal, state and local law enforcement affiliates of the New Mexico ICAC Task Force aimed at identifying individuals throughout New Mexico involved in the distribution, receipt, and possession of child pornography through peer-to-peer file sharing programs. In March 2012, federal, state and local law enforcement officers executed thirteen unrelated federal and state search warrants at residences throughout New Mexico, and seized computers and computer-related evidence related to child pornography offenses. To date, ten individuals have been arrested for violating federal and state child pornography laws based on the search warrants executed as part of Operation Artemis. The law enforcement agencies that participated in Operation Artemis include: Homeland Security Investigations, NMSP, New Mexico Attorney General’s Office, FBI, Albuquerque Police Department, Los Lunas Police Department, Santa Fe Police Department, Rio Rancho Police Department, and the New Mexico Regional Computer Forensic Lab.

Operation Artemis 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 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 – Erick McDonald, 21, an enrolled member of the Navajo Nation who resides in Two Grey Hills, N.M., entered a guilty plea this morning to abusive sexual contact charges under a plea agreement with the U.S. Attorney’s Office.

During his plea hearing, McDonald pled guilty to a two-count information charging him with abusive sexual contact with a six-year-old Indian child and a 12-year-old Indian child on Sept. 19, 2012. In entering his guilty plea, McDonald admitted that he intentionally touched the genitals and other body parts of the two victims to gratify his sexual desire. Court records reflect that McDonald’s unlawful conduct occurred in a residence on the Navajo Indian Reservation.

McDonald has been in federal custody since his arrest on Oct. 9, 2012, and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, McDonald faces a maximum penalty of three years of imprisonment for abusing the 12-year-old victim and six years of imprisonment for abusing the six-year-old victim. McDonald also will be required to register as a sex offender.

The case was investigated by the Albuquerque and the Farmington offices of the FBI and the Shiprock Division of the Navajo Nation Department of Public Safety. Assistant U.S. Attorney Novaline D. Wilson is prosecuting the case.

ALBUQUERQUE – Kenneth Espinosa, 46, of Ruidoso, N.M., was sentenced this morning to a year of probation and ordered to pay a $2,500 fine for trespassing on the San Andres National Wildlife Refuge. Espinosa’s sentence was announced by U.S. Attorney Kenneth J. Gonzales and Nicholas E. Chavez, Special Agent in Charge of the Southwest Region, U.S. Fish and Wildlife Service Office of Law Enforcement.

Espinosa and John Hughes, 51, also of Ruidoso, were separately charged with trespassing on National Wildlife Refuge System land, a misdemeanor offense, in Dec. 2010. According to the criminal complaints filed in those cases, Espinosa, Hughes and James Gladin, a 53-year old Georgia resident, unlawfully entered onto land that is part of the National Wildlife Refuge System on Jan. 7, 2006. Espinosa was convicted of this offense after a one-day bench trial on Dec. 14, 2011.

According to the evidence at trial, on Jan. 7, 2006, Hughes, the owner of Elite Outfitters, a Ruidoso-based company specializing in guided big-game hunting expeditions, and Espinosa, a guide employed by Elite Outfitters, were guiding Gladin on an Oryx hunting trip on the White Sands Missile Range when they entered the San Andres National Wildlife Refuge. Although the three men had been advised by officials that the Refuge was a closed area, they nevertheless entered the Refuge and parked their vehicle within the Refuge’s eastern boundary near Oñate Peak, located approximately 23 miles north of U.S. Highway 70 along the San Andres Mountains. During their expedition, Gladin killed a bull Oryx.

On Feb. 23, 2011, Hughes entered a guilty plea to the criminal complaint and was sentenced to five years of probation and fined $2,500. Gladin, 53, who was cited by the U.S. Fish and Wildlife Service, paid a $525 fine and forfeited the bull Oryx he had killed during the hunt.

The San Andres National Wildlife Refuge was established on Jan. 22, 1941, for the conservation and development of natural wildlife resources. It currently provides the best habitat for desert bighorn sheep in the state of New Mexico. “Our national wildlife refuges were established to help conserve important and sensitive species and habitat,” said Special Agent in Charge Nicolas E. Chavez of the U.S. Fish and Wildlife Service's Office of Law Enforcement Southwest Region. “Refuges are a national treasure, and willful illegal trespass is a serious matter.”

This case was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office and was investigated by the U.S. Fish and Wildlife Service.

The U.S. Fish and Wildlife Service is the principal Federal agency responsible for conserving, protecting and enhancing fish, wildlife and plants and their habitats for the continuing benefit of the American people. The Service manages the 95-million-acre National Wildlife Refuge System, which encompasses 545 national wildlife refuges, thousands of small wetlands and other special management areas. It also operates 69 national fish hatcheries, 64 fishery resources offices and 81 ecological services field stations. The Service enforces federal wildlife laws, administers the Endangered Species Act, manages migratory bird populations, restores nationally significant fisheries, conserves and restores wildlife habitat such as wetlands, and helps foreign and Native American tribal governments with their conservation efforts. It also oversees the Federal Assistance program, which distributes hundreds of millions of dollars in excise taxes on fishing and hunting equipment to state fish and wildlife agencies. For more information on its work and the people who make it happen, visit www.fws.gov. Connect with its Facebook page at www.facebook.com/usfws, follow its tweets at www.twitter.com/usfwshq, watch its YouTube Channel at http://www.youtube.com/usfws and download photos from its Flickr page at http://www.flickr.com/photos/usfwshq.

ALBUQUERQUE –Adrienne Alexandra Skeets, 24, an enrolled member of the Navajo Nation who resides in Rocky Point, N.M., was sentenced to 33 months in prison followed by three years of supervised release for her conviction on involuntary manslaughter and assault charges. Skeets also was ordered to pay $5,754.70 in restitution to the victims of her offenses.

U.S. Attorney Kenneth J. Gonzales said that Skeets was convicted by guilty plea of three felony offenses arising out of a driving while intoxicated incident that resulted in the death of a Navajo man and serious injuries to another Navajo man and a Navajo woman. She entered a guilty plea to one count of involuntary manslaughter and two counts of assault resulting in serious bodily injury on Oct. 12, 2012.

In entering her guilty plea, Skeets admitted that on Jan. 21, 2012, she was driving while under the influence of alcohol in the vicinity of Manuelito, N.M., which is located on the Navajo Indian Reservation, when she crashed her vehicle. One of Skeet’s three passengers was fatally injured when he was ejected from the vehicle and died at the scene. The other two passengers sustained serious injuries that required medical attention.

The case was investigated by the Crownpoint Division of the Navajo Nation Department of Public Safety, and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.

ALBUQUERQUE – Timothy Ignacio Duboise, 28, an enrolled member of the Navajo Nation who resides in Chichilta, N.M., pled guilty this morning to an aggravated child sexual abuse charge under a plea agreement with the U.S. Attorney’s Office.

According to the criminal complaint, the FBI initiated a criminal investigation into Duboise after the Navajo Division of Social Service reported an allegation of child sexual assault. Duboise was arrested on July 30, 2012, and has been in federal custody since that time.

During this morning’s plea hearing, Duboise admitted that, between July 15, 2011 and Aug. 15, 2011, he sexually assaulted a Navajo child by touching the child’s genitals. Duboise further admitted that the sexual assault occurred on the Navajo Indian Reservation.

Under the terms of the plea agreement, Duboise will be sentenced to ten years in prison followed by a minimum five year term of supervised release. He also will be required to register as a sex offender. Duboise’s sentencing hearing has yet to be scheduled.

The case was investigated by the Gallup office of the FBI, with assistance from the Navajo Division of Social Services, and is being prosecuted by Assistant U.S. Attorney Jacob A. Wishard.

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/.

ALBUQUERQUE – Joshua W. Phillips, 20, a member and resident of Ohkay Owingeh Pueblo, N.M., pled guilty yesterday to brandishing a firearm during a crime of violence under a plea agreement with the U.S. Attorney’s Office. The guilty plea was announced by U.S. Attorney Kenneth J. Gonzales and DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services.

Phillips was arrested on June 22, 2012, on a criminal complaint charging him with assault with a dangerous weapon and with the intent to do bodily harm. According to the criminal complaint, Phillips assaulted a man on Feb. 12, 2011, on Santa Clara Pueblo land within Rio Arriba County, N.M.

During yesterday’s plea hearing, Phillips pled guilty to brandishing a firearm in relation to an assault with a dangerous weapon. In his plea agreement, Phillips admitted that on Feb. 12, 2012, he and an accomplice committed a home invasion in a Santa Clara Pueblo residence for the purpose of robbing the owner. Phillips was armed with a rifle and the accomplice was armed with a knife. After forcing their way into the residence, Phillips fired a round from the rifle into the ceiling when one of the residents failed to comply with his demand for money. When the homeowner attempted to wrest the rifle away from Phillips and prevent Phillips from escaping, the accomplice kicked, punched and stabbed the homeowner so that Phillips could get away.

Under the terms of the plea agreement, Phillips will be sentenced to seven years in prison. A sentencing date has yet to be scheduled.

The case was investigated by the Bureau of Indian Affairs, Office of Justice Services, Northern Pueblos Agency, with assistance from the Santa Clara Pueblo Tribal Police Department and the Espanola Police Department, and is being prosecuted by Assistant U.S. Attorney Presiliano A. Torrez.

ALBUQUERQUE – Hak Ghun, 62, of Durango, Colo., pled guilty this morning to a federal tax evasion charge under a plea agreement with the U.S. Attorney’s Office. Under the terms of the plea agreement, Ghun will be sentenced to prison for a period of 12 to 18 months. He also will be required to pay $249,567 in restitution to the Internal Revenue Service (IRS).

Ghun was charged on April 10, 2012, in a three-count indictment with evading an aggregate of $367,809 in federal taxes during tax years 2005, 2006 and 2007. According to the indictment, Ghun was the chief executive officer of BCDS Manufacturing, Inc. (BCDS), a manufacturing company located in Shiprock, N.M. In 2003 and 2004, the Navajo Nation invested economic development funds in BCDS and became the majority owner of the company, and in 2006, obtained a $2.2 million loan for the purpose of expanding the BCDS facility in Shiprock. The indictment alleged that, between 2005 and 2007, Ghun used BCDS funds to pay his personal expenses and evaded his personal tax obligations on those funds by concealing his conduct from BCDSDs corporate accountant and by filing false corporate tax returns on behalf of BCDS.

During today’s proceedings, Ghun entered a guilty plea to Count 2 of the indictment charging him with evading federal income taxed in 2006. In his plea agreement, Ghun admitted that, during 2005, 2006 and 2007, he was the chief operating officer of BCDS, a company that sought military procurement contacts as a source of economic development for the Navajo Nation, and had access to the company’s bank accounts. Ghun also admitted withdrawing funds from BCDS’s bank accounts and spending a significant portion of the funds for himself. Ghun used the funds to make support payments to his ex-wife and paying for luxury cars, hotels stays and casino gambling. Ghun acknowledged that the funds he misused were taxable as personal income and that he failed to pay taxes on that income.

More specifically, Ghun admitted receiving gross income of $207,726 in calendar year 2005 and willfully evading approximately $29,197 in federal income taxes. He also admitted receiving gross income exceeding $620,361 in calendar year 2006 and willfully evading approximately $145,156 in federal income taxes, and receiving gross income exceeding $251,435 in taxable income in 2007 and evading approximately $65,214 in taxes.

The case was investigated by the IRS, Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Jonathon M. Gerson.

ALBUQUERQUE – Matthew Pendley, 26, a former corrections officer at the Bernalillo County Metropolitan Detention Center (MDC) in Albuquerque, N.M., pleaded guilty today to one count of obstructing justice when he lied to law enforcement during their investigation of the assault on an inmate at the hands of another corrections officer.

According to court documents, during the early morning hours of Dec. 21, 2011, Pendley was assigned to the Receiving-Discharge-Transfer (RDT) Unit at MDC where individuals are brought to be booked soon after they are arrested. During the course of his shift, Pendley entered the shower room/dress out area and witnessed Demetrio Gonzales, another corrections officer, assaulting an inmate. The inmate was not posing a physical threat to anyone, and therefore, the assault was not justified. There was no legitimate law enforcement purpose for Gonzales to use force on the inmate. As a result of the assault, the inmate sustained injuries and began bleeding. When the Bernalillo County Sheriff’s Office (BCSO) began investigating, instead of telling detectives that he witnessed the assault, Pendley lied, claiming that he did not remember what Gonzales was doing in the shower room/dress out area.

A sentencing date has not yet been set.

Demetrio Gonzales previously pleaded guilty to violating the civil rights of the inmate by choking and striking the inmate multiple times. He was sentenced on Jan. 8, 2013, to 33 months in prison followed by three years of supervised released.

A third former MDC corrections officer, Kevin Casaus, was also indicted by a federal grand jury in June 2012 on related charges. Casaus is charged with violating the victim’s civil right rights when he shoved and struck the victim while in the shower area/dress out area. Casaus is further charged with obstruction of justice and falsification of records, first for making false statements to detectives of the BCSO and then for falsifying his incident report. Casaus’ trial is set for March 4, 2013. He is presumed innocent unless proven guilty.

This case is being investigated by the Albuquerque Division of the FBI and is being prosecuted by Assistant U.S. Attorney Mark T. Baker for the District of New Mexico and Trial Attorney Fara Gold of the Civil Rights Division of the U.S. Department of Justice.

ALBUQUERQUE – Late yesterday afternoon, Danny Kevin Brawner, 50, of Albuquerque, N.M., was sentenced to 170 months in prison to be followed by nine years of supervised release for his bank robbery convictions. Brawner also was ordered to pay full restitution to the three banks he robbed.

Brawner was arrested on April 21, 2011, and has been in federal custody since that time. On Nov. 29, 2012, Brawner pled guilty to an indictment charging him with three counts of bank robbery.

At his plea hearing, Brawner admitted robbing the following three Albuquerque banks: (1) the Wells Fargo Bank inside the Albertson’s Supermarket at 6200 Coors Blvd. NW, on Feb. 7, 2011; (2) the First Community Bank at 1418 Carlisle Blvd. NE, on April 14, 2011; and (3) Bank of the West at 5901 Menaul Blvd. NE on April 18, 2011. In entering his guilty plea, Brawner admitted presenting each of the victim bank tellers with a note demanding cash and threatening that he had a weapon.

Court records reflect that the FBI began investigating Brawner after it received a tip identifying Brawner as the individual who robbed the three banks. The investigation revealed that the get-away car used during the April 14, 2011 bank robbery was registered in the name of Brawner’s girlfriend. After witnesses to the first two of Brawner’s bank robberies identified him from a photo array, the FBI and Albuquerque Police Department arrested Brawner, who admitted robbing the three banks.

The case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department, and was prosecuted by Assistant U.S. Attorney Norman Cairns.

ALBUQUERQUE –Derek Yabeny, 26, an enrolled member of the Navajo Nation who resides in Gallup, N.M., pled guilty this morning to a federal assault charge under a plea agreement with the U.S. Attorney’s Office.

Yabeny was arrested on a criminal complaint in Oct. 2012. He subsequently was indicted and charged with assault resulting in serious bodily injury, and abandonment or abuse of a child. According to the criminal complaint, on Oct. 7, 2012, Yabeny assaulted his girlfriend, who is the mother of his two-year old toddler. At the time of the assault, the victim was carrying her infant daughter. The victim sustained two orbital fractures as a result of the assault.

During today’s proceedings, Yabeny pled guilty to Count one of the indictment. In entering his guilty plea, Yabeny admitted assaulting the victim, a Navajo woman, by striking her with his fists and causing her to suffer serious bodily injury. The assault occurred on the grounds of the Shiprock Fair, which are located on the Navajo Indian Reservation on Oct. 7, 2012.

Yabeny has been in federal custody since his arrest on Oct. 26, 2012, and remains detained pending his sentencing hearing, which has not yet been scheduled. Under the terms of the plea agreement, Yabeny will be sentenced to 25 months in prison followed by a supervised release term to be determined by the court.

The case was investigated by the Albuquerque office of the FBI and the Shiprock Division of the Navajo Nation Department of Public Safety, and is being prosecuted by Special Assistant U.S. Attorney David M. Adams.

This 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 – Jaime Jesus Sanchez-Ramos, 23, a Mexican national, was sentenced this afternoon to 46 months in prison for his bank robbery conviction. Sanchez-Ramos will be deported to Mexico after he completes his prison sentence. He also was ordered to pay restitution to the four banks he robbed between Jan. 2012 and April 2012.

Sanchez-Ramos was arrested on April 10, 2012, on a criminal complaint charging him with robbing a bank on April 2, 2012. On May 8, 2012, Sanchez-Ramos was indicted and charged with robbing the following four Santa Fe-area banks: (1) the Century Bank, located at 1790 Saint Michael’s Drive, on Jan. 26, 2012; (2) the New Mexico Bank and Trust, located at 1549 Paseo de Peralta, on Feb. 15, 2012; (3) the Bank of Albuquerque, located at 706 Saint Michael’s Drive, on March 16, 2012 ; and (4) the U.S. Bank, located at 3787 Cerrillos Road, on Apr. 2, 2012.

On Nov. 9, 2012, Sanchez-Ramos pled guilty to Count 4 of the indictment, charging him with robbing the U.S. Bank on April 2, 2012, with the stipulation that he would be responsible for restitution to all four banks he robbed.

Under the terms of his plea agreement, the Court dismissed the three remaining counts of the indictment after Sanchez-Ramos was sentenced.

The case was investigated by the Santa Fe office of the FBI and the Santa Fe Police Department, and was prosecuted by Assistant U.S. Attorneys Lynn W.Y. Wang and C. Paige Messec.

ALBQUERQUE – Randy Lee Gwaltney, 46, of Albuquerque, N.M., was sentenced this afternoon to ten years in prison followed by three years of supervised release for his convictions for being a felon in possession of firearms and bank robbery. Gwaltney also was ordered to pay full restitution to the three banks that were the victims of his criminal conduct.

Gwaltney was sentenced based on guilty pleas in two separate cases. The indictment in the first case charged Gwaltney with being a felon in possession of firearms and possession of an unregistered firearm in Valencia County, N.M., on Jan. 19, 2009. According to the indictment, at the time, Gwaltney was prohibited from possessing firearms because he previously had been convicted of a drug trafficking offense and failure to appear in connection with a felony in the Seventh Judicial District Court for the State of New Mexico (Torrance County).

The indictment in the second case charged Gwaltney with robbing three banks in Albuquerque: (1) robbing the Bank of America, located in the Albertson’s supermarket at 4950 Montgomery Blvd. NE, on Dec. 29, 2008; (2) robbing the Bank of America, located in the Albertson’s supermarket at 2801 Eubank Blvd. NE, on Jan. 9, 2009; and (3) the Bank of America, located in the Albertson’s supermarket at 4950 Montgomery Blvd. NE, on Jan. 16, 2009.

On Oct. 3, 2011, Gwaltney entered guilty pleas to the felon in possession charge in the first case and the Dec. 29, 2008 bank robbery charged in the second case. Under the terms of the plea agreement, the remaining counts of the two indictments were dismissed after Gwaltney was sentenced.

The firearms case was investigated by the Bureau of Alcohol, Tobacco, Firearms& Explosives, the Los Lunas Police Department and the Bosque Farms Police Department. The bank robbery case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department. Both cases were prosecuted by Assistant U.S. Attorney Louis E. Valencia.

ALBUQUERQUE – Twenty-one individuals have been charged with using fraudulent prescriptions to unlawfully obtain Oxycodone, announced by U.S. Attorney Kenneth J. Gonzales, Second Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Joseph M. Arabit of the DEA’s El Paso Field Division, and Executive Director Larry Loring, R.Ph., of the New Mexico Board of Pharmacy.

Twenty of the 21 defendants were arrested this morning during a multi-agency law enforcement operation spear-headed by the DEA. An additional defendant has been summoned to appear in federal court. Fourteen of the 21 are facing federal charges and the remaining seven are facing state charges. The federal defendants are charged in indictments filed under seal on February 6, 2013, and unsealed earlier today. The state defendants are charged in criminal complaints.

The charges are the result of “Operation Paper Trail,” an investigation initiated in March 2011 by the DEA’s Tactical Diversion Squad in Albuquerque and the New Mexico Board of Pharmacy in response to the epidemic increase in prescription drug abuse, addiction and overdose deaths in New Mexico, particularly among teens and young adults. Operation “Paper Trail” targeted individuals using false and fraudulent prescriptions to obtain large quantities of Oxycodone in Bernalillo County. Oxycodone is opioid narcotic pain reliever similar to morphine that is medically prescribed to treat moderate to severe pain and can be habit-forming.

The abuse of prescription drugs, such as Oxycodone, is a serious problem in our communities. One way that these drugs are obtained illegally is through fraudulent prescriptions, which leads all too often to addiction, shattered lives, and even death,” said DEA Special Agent in Charge, Joseph M. Arabit. “In the interest of public safety, especially that of our young people, DEA and our law enforcement partners will continue to target those who illegally divert these pharmaceuticals.”

Second Judicial District Attorney Kari E. Brandenburg noted that, “Over the course of the past three years our office has accepted nearly 1,100 cases involving various prescription drugs, including Oxycontin, Oxycodone, Morphine, Xanax and others. It is clear that prescription drugs have become a danger to those abusing and illegally distributing them in our community. The problem has become so tremendous, our state ranks as one of the worst in the country for prescription drug overdoses. We are extremely grateful for the work done in this lengthy law enforcement investigation, which has resulted in multiple arrests. We hope this helps prevent future abuse and prescription drug overdoses in our community.”

“The New Mexico Board of Pharmacy recognizes the tragic effects of abuse, dependence and overdose when prescription drugs are diverted from pharmacies for sale on the streets of New Mexico communities,” said Executive Director Larry Loring, R.Ph., of the New Mexico Board of Pharmacy. “Board agents work daily to identify and apprehend those individuals who seek to acquire dangerous narcotic drugs with forged prescriptions. The New Mexico Board of Pharmacy will continue to work closely with local, state, and federal law enforcement to stop prescription forgery of these dangerous narcotic drugs.”

Those arrested today on federal charges include Sandy Candelaria, 50, an Albuquerque resident, who is employed as a secretary by the New Mexico Human Resources Department, and Christina Romero, 32, also of Albuquerque, who is employed as a special education assistant at an APS middle school. Twelve of the 13 federal defendants arrested today will make their initial appearances in federal court in Albuquerque at 9:30 a.m. tomorrow morning. Dolores Gallegos, 30, of Albuquerque, made her initial appearance this afternoon, and Eddie Gallegos, Sr., 60, also of Albuquerque, has been summoned to appear in federal court on Feb. 21, 2013. Each of the 14 federal defendants faces a maximum penalty of four years in prison, three years of supervised release, and a $250,000 fine, if convicted.

Those arrested on state charges include Pamela Zubia, 32, of Albuquerque, who is employed by Abarim Home Healthcare. The state defendants are expected to appear in court tomorrow. Each of the seven state defendants faces a maximum penalty of eighteen months of imprisonment if convicted.

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

The federal cases are being prosecuted by Assistant U.S. Attorneys Shammara H. Henderson, Charles L. Barth, C. Paige Messec, William Pflugrath, Jon K. Stanford, David M. Walsh and Lynn W.Y. Wang, and Special Assistant U.S. Attorneys Adam Rowley and Raquel Ruiz-Velez. The state cases will be prosecuted by Assistant District Attorneys of the Second Judicial District Attorney’s Office. The U.S. Marshals Service and Albuquerque Police Department participated in today’s enforcement operation.

DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.

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ALBUQUERQUE – Yesterday afternoon, a federal judge in Las Cruces, N.M., sentenced Derek Marcus Garcia, 35, of Deming, N.M., to ten years in prison followed by five years of supervised release for his methamphetamine trafficking conviction.

Garcia was arrested on Sept. 1, 2011, and charged in a criminal complaint after law enforcement authorities recovered approximately 195 grams of methamphetamine from him following a vehicle stop in Deming. In Jan. 2012, Garcia was indicted and charged with possession of methamphetamine with intent to distribute. Garcia pled guilty to the indictment on June 19, 2012.

Court records reflect that Garcia was stopped by a New Mexico State Police officer for a traffic violation in Deming on Sept. 1, 2011. After a U.S. Border Patrol narcotics canine detected the presence of narcotics in the driver’s seat of Garcia’s vehicle, Garcia admitted that he was in possession of narcotics and removed a bag containing approximately 195 grams of methamphetamine from his pants.

Garcia has been on conditions of release since Sept. 16, 2011. He was ordered to surrender to the U.S. Bureau of Prisons to begin serving his prison sentence in approximately 60 days.

The case was investigated by the Deming office of the Homeland Security Investigations, the New Mexico State Police and the U.S. Border Patrol. It was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Yesterday a federal district judge in Las Cruces, N.M., sentenced two men to prison terms for failure to comply with the Sex Offender Registration and Notification Act (SORNA), announced by U.S. Attorney Kenneth J. Gonzales and U.S. Marshal Conrad E. Candelaria.

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

Vincent Foreman, 41, a Texas resident most recently located in Carlsbad, N.M., was sentenced to 30 months in prison followed by five years of supervised release, for failing to update his sex offender registration in Eddy County, N.M., between Jan. 18, 2011 and Dec. 14, 2011. Foreman was required to register as a sex offender and maintain his registration because he was convicted of criminal sexual contact with a minor and false imprisonment in the State of New Mexico (Cibola County) in Oct. 1997. Although Foreman registered as a sex offender in San Angelo, Texas, after he was released from prison, he failed to update his registration when he relocated to Carlsbad. On April 23, 2012, Foreman pled guilty and admitted that he failed to update his registration as required.

In a separate case, Jessie Lee Cox, 41, most recently residing in Hobbs, N.M., was sentenced to twelve months in prison followed by five years of supervised release, for failing to register as a sex offender. Court records reflect that Cox was required to register as a sex offender because he previously had been convicted of a sex offense in the State of Texas. Cox was arrested on June 20, 2012, and has been in custody since that time. On Oct. 11, 2012, Cox entered a guilty plea and admitted that he failed to register as a sex offender in Lea County, N.M., between Jan. 30, 2011 and Feb. 13, 2012.

The two cases were investigated by the U.S. Marshal Service and were prosecuted by Assistant U.S. Attorney Amanda Gould of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Warren Rivera, 34, of Albuquerque, N.M., was sentenced this morning to 270 months in prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition. Rivera’s sentence was announced by U.S. Attorney Kenneth J. Gonzales and Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Rivera was arrested on April 26, 2011, on a criminal complaint charging him with being a felon in possession of a firearm and ammunition. He has been in federal custody since that time. On May 11, 2011, Rivera was indicted on that same charge. On Oct. 18, 2011, a federal jury convicted Rivera on the sole count of the indictment.

Rivera was sentenced under the Armed Career Criminal Act. According to the indictment, Rivera was prohibited from possessing firearms and ammunition in April 2011, because he previously had been convicted of the following three felony offenses in the Second Judicial District Court for the State of New Mexico (Bernalillo County): (1) aggravated assault against a household member, (2) aggravated assault against a household member with a deadly weapon, and (3) possession of a controlled substance. Rivera’s entire criminal history is more extensive. Court filings reflect that Rivera’s criminal activity began in 1998, when he was 19, and includes five prior felony convictions and 23 misdemeanor convictions. Violence, including domestic violence and violence against law enforcement officers, was a factor in seven of Rivera’s misdemeanor convictions, three of his prior felony convictions, and the offense for which he was sentenced today.

According to the evidence at Rivera’s trial, on April 4, 2011, officers of the Albuquerque Police Department responded to a domestic violence call reporting that a man was threatening another man with a handgun. When the officers arrived at the scene and took Rivera and his girlfriend into custody, they found that the girlfriend was in possession of a handgun. The girlfriend’s father testified that he and his wife went to their daughter’s apartment after receiving a call from their daughter, who tearfully told him that Rivera was holding her captive. In the vicinity of the apartment, the girlfriend’s parents they found Rivera and their daughter out in the street. After Rivera grabbed his girlfriend’s wallet, the father approached Rivera and demanded the return of the wallet. Rivera responded by pointing a handgun at the father’s head and threatening to shoot him.

“We will not tolerate armed violent felons terrorizing our community,” stated ATF Special Agent in Charge Thomas G. Atteberry. “The success of the investigation is attributed to the outstanding cooperation between the investigating agencies. I would like to commend the leadership of U.S. Attorney Kenneth J. Gonzales and his line attorney for their successful prosecution of this case.”

This case 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.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, with assistance from the District Attorney’s Office for the Second Judicial District of the State of New Mexico. It was prosecuted by Assistant U.S. Attorney Norman Cairns.

ALBUQUERQUE –Kenneth Mike Etsitty, 58, an enrolled member of the Navajo Nation who resides in Tse-Yah-Toh, N.M., was sentenced this morning to 18 years in prison followed by ten years of supervised release for his child sex abuse conviction. Etsitty will be required to register as a sex offender when he completes his prison sentence.

Etsitty was charged with aggravated sexual abuse of a child under the age of 12 in a criminal complaint filed on May 14, 2012. He was arrested the following day, and has been in federal custody since that time. On Oct. 17, 2012, Etsitty pled guilty to an information charging him with three counts of aggravated sexual abuse of a child under the age of 12.

According to court records, law enforcement authorities initiated a criminal investigation into Etsitty in Feb. 21, 2012, after a nine-year-old Navajo child reported being sexually assaulted by Etsitty on more than ten occasions. During a subsequent voluntary interview, Etsitty admitted sexually assaulting the child victim on approximately ten occasions.

In entering his guilty plea, Etsitty admitted that he forced the child victim to engage in sexual acts on multiple occasions from Jan. 2007, when the child was four-years-old, through Nov. 2011, when child was nine-years old. Etsitty admitted that each of the sexual attacks occurred in the same way, by touching the child victim’s genitals. The offenses occurred in Indian Country.

The case was investigated by the Gallup office of the FBI and the Crownpoint Division of the Navajo Nation Department of Public Safety, and was prosecuted by Assistant U.S. Attorney Mark T. Baker.

ALBUQUERQUE – Claudio Alberto Morales-Medrano, 40, of Las Cruces, N.M., was sentenced this morning to 51 months in prison followed by three years of supervised release for his bank robbery conviction. Morales-Medrano also was ordered to pay full restitution to the victim of his crime. The sentence was announced by U.S. Attorney Kenneth J. Gonzales and Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI.

Morales-Medrano was arrested on Aug. 27, 2010, based a criminal complaint alleging that he robbed the Citizens Bank of Las Cruces (Bank), located at 2841 N. Main Street, in Las Cruces, on that same day. He has been in federal custody since his arrest.

Court records reflect that, on Aug. 27, 2010, Morales-Medrano entered the Bank and approached a bank teller, pulled out a gun that he brandished at the teller, and demanded money. After obtaining cash from the teller, Medrano-Morales left the bank and fled in a silver four door sedan. Shortly thereafter, officers of the Las Cruces Police Department executed a stop of a vehicle matching the description of the vehicle in which the bank robber fled. The officers arrested Morales-Medrano and recovered the money that was taken from the Bank, a black toy gun and clothes matching the description of the clothes worn by the bank robber. On Jan. 12, 2012, Morales-Medrano pled guilty to the bank robbery without the benefit of a plea agreement.

The case was investigated by the Las Cruces office of the FBI and the Las Cruces Police Department, and was prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.

Defendant's Sentence Enchanced Based on Career Offender Status

ALBUQUERQUE – Earlier today, Christine Cardona, 35, of Albuquerque, N.M., was sentenced to 72 months in federal prison followed by three years of supervised release for her methamphetamine trafficking conviction. Cardona’s crime of conviction involved possession of 0.73 grams of methamphetamine with intent to distribute. The sentence was announced by U.S. Attorney Kenneth J. Gonzales and Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Cardona and her co-defendant Maurice Andrew, 39, also of Albuquerque, were arrested on Nov. 4, 2011. Both have been in custody since that time. On Dec. 1, 2011, Cardona and Andrew were charged in a five-count indictment. Cardona and Andrew were charged with conspiracy and possession of methamphetamine with intent to distribute. Andrew alone also was charged with two counts of being a felon in possession of a firearm and carrying a firearm in connection with a drug trafficking offense.

Cardona was arrested on Nov. 4, 2011, by officers of the Albuquerque Police Department based on a state arrest warrant after they observed her leaving a motel room in Albuquerque. At the time of her arrest, Cardona was in possession of two small baggies later analyzed and found to contain methamphetamine. After she was arrested, Cardona admitted that Andrew and she were trafficking methamphetamine. Officers found $1030.00 in small denominations when they patted down Andrews following his arrest. When officers executed search warrants on Andrews’ vehicle and the motel room rented by Cardona, they seized a small amount of methamphetamine, drug paraphernalia including a digital scale and a firearm that Andrew admitted owning.

On May 3, 2012, Andrew pled guilty to a drug trafficking conspiracy and being a felon in possession of a firearm. Andrew was prohibited from possessing firearms and ammunition because he previously was convicted of a drug trafficking offense. Andrew was sentenced to 37 months in prison on Aug. 27, 2012.

Cardona entered a guilty plea to possession of methamphetamine with intent to distribute on July 13, 2012. Although Cardona would otherwise have faced a sentence of 18 to 24 months based on the amount of drugs involved and her criminal history, her sentence was enhanced based on her status as a career offender. Court records reflect that Cardona was classified as a career offender based on five prior criminal convictions: (1) concealing her identity and failure to appear in 2000; (2) importation of marijuana in 2001; (3) receiving or transferring a stole motor vehicle in 2004; (4) concealing a person from arrest in 2006; and (5) aggravated fleeing from law enforcement in 2006. Based on those five prior convictions, Cardona had served slightly more than 27 months in prison.

This case 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.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, and was prosecuted by Assistant U.S. Attorneys Lynn W.Y. Wang and William J. Pflugrath.

ALBUQUERQUE – This morning, a federal judge sentenced David Ralph Martinez, 27, a non-Indian man from Chimayo, N.M., for robbing a Santa Clara Pueblo man on the Santa Clara Pueblo Reservation in Rio Arriba County, N.M. Martinez will serve 30 months in prison followed by three years of supervised release. Martinez also was ordered to pay $148.51 in restitution to the victim of the robbery and $140 to the U.S. New Mexico Credit Union.

Martinez’s sentence was announced by U.S. Attorney Kenneth J. Gonzales and DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services.

Martinez was arrested on a criminal complaint on Aug. 10, 2011, and has been in federal custody since that time. On Aug. 23, 2011, Martinez was indicted and charged with (1) armed robbery and (2) assault with a dangerous weapon in an indictment on Aug. 23, 2011.

On Dec. 6, 2011, Martinez entered a guilty plea to Count 1 of the indictment, charging him with armed robbery. In entering his guilty plea, Martinez admitted robbing an enrolled member of Santa Clara Pueblo on Aug. 11, 2011. Martinez admitted approaching the victim at a credit union ATM located on Pueblo land and taking $140 from the victim by threatening him with a knife.

The Court dismissed Count 2 of the indictment against imposing sentence on Martinez.

The case was investigated by the Bureau of Indian Affairs, Office of Justice Services, Northern Pueblos Agency with assistance from the Santa Clara Tribal Police Department, the Espanola Police Department and the Rio Arriba County Sheriff’s Department, and was prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.

ALBUQUERQUE – IRS Criminal Investigation is warning taxpayers of an increase in false tax returns being filed with the IRS using stolen Social Security numbers. Stealing identities and filing false tax returns is a serious crime that hurts innocent taxpayers. Both nationwide and in New Mexico, IRS Criminal Investigation has designated identity theft as a priority area and increased numbers of tax fraud investigations relating to identity theft have been initiated in recent years.

There are 26 IRS Criminal Investigation field offices across the country that investigate tax fraud and refund fraud, including identity theft. Investigation analysts in IRS Scheme Development Centers often discover identity theft related schemes where refunds appear to be going to identity theft perpetrators. In these instances, action can be taken to stop additional false refunds and protect victim accounts. IRS Criminal Investigation recommends prosecution of refund fraud cases, including cases involving identity theft to the Department of Justice.

“IRS Criminal Investigation is serious about investigating identity theft,” said Gabriel Grchan, Acting Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation. “Filing fraudulent tax returns is the same thing as stealing from the U.S. Treasury. It also harms those individuals whose identities were stolen.”

“IRS Criminal Investigation has partnered with other local and Federal law enforcement agencies to identify the perpetrators of these identity theft schemes. We have obtained the full support of the U.S. Attorney’s Office to pursue prosecution of these individuals which has often resulted in significant prison sentences.”

The following is an example of a recent identity theft case in New Mexico: Douglas Kuester of Silver City, N.M., was sentenced in Nov. 2012 to 48 months in prison for filing false claims and aggravated identity theft. According to court documents, Kuester used stolen identities to file false tax returns which fraudulently claimed refunds.

“The IRS has taken numerous steps to combat identity theft and protect taxpayers. I encourage you to go to www.IRS.gov and read the Taxpayer Guide to Identity Theft, call 1-800-908-4490 or visit your local IRS office for information about identity theft and what to do if you become a victim,” said Grchan.

• IRS News Release

• IRS Fact Sheet

• IRS ID Theft Map
  

ALBUQUERQUE – Jack Belin, Jr., 59, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pled guilty this morning to an abusive sexual contact charge under a plea agreement with the U.S. Attorney’s Office.

Belin was arrested on Oct. 11, 2012, based on an indictment charging him with two counts of abusive sexual contact. According to the indictment, Belin committed the offenses on July 18, 2012, in Indian Country (the Navajo Indian Reservation), in San Juan County, N.M.

During this morning’s proceedings, Belin pled guilty to Count 2 of the indictment. In his plea agreement, Belin admitted that on July 18, 2012, he intentionally touched the genitals and buttocks of his victim without the victim’s consent.

Belin was remanded into the custody of the U.S. Marshals Service after entering his guilty plea. He will be detained pending his sentencing hearing, which has not yet been scheduled. At sentencing, Belin faces a maximum penalty of ten years in prison, and will be required to register as a sex offender after he completes his prison sentence.

This case was investigated by the Shiprock Division of the Navajo Nation Department of Public Safety and is being prosecuted by Assistant U.S. Attorney Novaline D. Wilson.

ALBUQUERQUE – Rafael Goxcon-Chagal, 52, and Maria Vianey Medina-Copete, 36, both residents of Tulsa, Okla., each was sentenced today to a 15-year term of imprisonment for their narcotics trafficking and firearms convictions. Goxcon-Chagal will be on supervised release for five years after completing his prison sentence. Medina-Copete, a Mexican national who also was convicted of re-entering the United States without authorization after having previously been deported, will be deported after completing her prison sentence.

The sentences were announced by U.S. Attorney Kenneth J. Gonzales and Special Agent in Charge Joseph M. Arabit of the El Paso Field Division of the DEA.

A federal jury convicted Goxcon-Chagal and Medina-Copete on Aug. 10, 2012, of all counts in an indictment that charged the couple with (1) conspiracy to violate the federal narcotics trafficking laws; (2) with possession of methamphetamine with intent to distribute; and (3) using a firearm during a drug trafficking offense. The indictment also charged MedinaCopete with (4) the unlawful possession of a firearm by an illegal alien; and (5) illegal re-entry by a removed alien.

According to the evidence at trial, on June 28, 2011, a New Mexico State Police officer executed a routine traffic stop on Interstate 40 of a vehicle driven by Goxcon-Chagal with Medina-Copete as a passenger. When the officer made contact with Goxcon-Chagal, he observed that Goxcon-Chagal was unusually nervous. Goxcon-Chagal proffered an Oklahoma driver's license but could not locate the registration and insurance information for the vehicle. When Medina-Copete managed to locate the vehicle information, the officer noted that the owner of the vehicle was another person with a Las Vegas, Nev., address and that the vehicle had only recently been insured. The officer also noted a strong chemical odor in the vehicle and observed multiple air fresheners in the vehicle.

After getting conflicting information regarding their travel and the identity of the owner of the vehicle from Goxcon-Chagal and Medina-Copete, the officer asked Goxcon-Chagal if the couple were transporting drugs, weapons or other contraband in the vehicle. Goxcon-Chagal denied that he was transporting contraband. The then officer requested and obtained consent from Goxcon-Chagal and Medina-Copete to search the vehicle. After a narcotics canine alerted to the front passenger side of the vehicle, the officer located a false compartment behind the passenger side airbag which contained two packages of white glass-like substances which appeared to be methamphetamine. Chemical analysis later revealed that the packages contained more than a kilogram of methamphetamine.

Later, when a DEA agent searched a duffle bag that Medina-Copete identified as her property, he uncovered a Walther P99 pistol wrapped in a towel. When the agent asked about the pistol, Medina-Copete said that the pistol belonged to Goxcon-Chagal.

Medina-Copete previously had been deported from the United States to Mexico at Otay Mesa, Calif., on Oct. 24, 2007, and re-entered the United States without authorization.

Goxcon-Chagal and Medina-Copete have been in federal custody since they were arrested on June 28, 2011.

The case was investigated by the DEA and the New Mexico State Police, and was prosecuted by Assistant U.S. Attorneys Jon K. Stanford and Raul Torrez.

ALBUQUERQUE – Rebecca Aguilar, 25, of Albuquerque, N.M., pled guilty this morning to aiding and abetting the armed robbery of an Albuquerque-are business under a plea agreement with the U.S. Attorney’s Office. Under the terms of her plea agreement, Aguilar will be sentenced to a term of four to five years in prison. Aguilar will remain in custody pending her sentencing hearing, which has yet to be set.

Aguilar was arrested on Oct. 15, 2012, based on an eight-count indictment that also charged co-defendant Oscar Marquez, 22, of Albuquerque, and alleged four Hobbs Act armed robberies and four counts of using a firearm during and in furtherance of a crime of violence. The indictment charged Marquez with robbing four Albuquerque-area businesses and using a firearm during each of the robberies. Count 7 of the indictment charged Aguilar with aiding and abetting Marquez with an armed robbery that occurred on May 9, 2012.

On Jan. 18, 2013, Marquez pled guilty to Counts 3, 5, 6 and 7 of the indictment which charged him with three counts of Hobbs Act robbery (the armed robberies of Cricket Wireless on May 29, 2012 , King Wireless on June 7, 2012, and Cricket Wireless on June 9, 2012) and one count of using a firearm during a crime of violence. Marquez also pled guilty to an information charging him with a fourth Hobbs Act robbery relating to the June 10, 2012 armed robbery of a Game Stop Store.

During today’s plea hearing, Aguilar pled guilty to Count 7 of the indictment, the sole charge against her, and admitted assisting Marquez in robbing a Cricket Wireless Store located on Juan Tabo NE on June 9, 2012. In her plea agreement, Marquez stated that Marquez entered the store, pointed a handgun at the clerk, and demanded and obtained money from the clerk. Aguilar admitted knowing that Marquez intended to commit the armed robbery and that she helped him escape with the money.

Marquez has been in federal custody since his arrest on Oct. 17, 2012. He remains detained pending his sentencing hearing, which has yet to be scheduled. Under the terms of his plea agreement, Marquez will be sentenced to 20 years in prison.

This case was brought as part of a law enforcement initiative launched in July 2012, by the FBI’s Violent Crimes and Major Offender Squad and the Albuquerque Police Department’s Armed Robbery Unit that targets suspects implicated in commercial armed robberies. The new initiative is 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.

The case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department, with assistance from the District Attorney’s Office for the Second Judicial District of the State of New Mexico, and is being prosecuted by Assistant U.S. Attorney Jon K. Stanford.

ALBUQUERQUE – This morning a federal judge sentenced Gilbert Christopher Aragon, Jr., 48, to 18 months in prison followed by three years of supervised release for his prescription drug trafficking conviction. The sentence was announced by U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Special Agent in Charge Joseph M. Arabit of the El Paso Division of the DEA.

Aragon pled guilty on May 11, 2012, to a five-count criminal information charging him with the following offenses: (1) conspiracy to acquire prescription drugs by fraud, forgery, fraud, deception and subterfuge; (2) obtaining prescription drugs by fraud, forgery, deception and subterfuge; (3) unlawfully distributing prescription drugs without a legitimate medical purpose; (4) using the identity of another person to obtain prescription drugs by fraud, forgery, deception and subterfuge; and (5) corruptly persuading a witness to make false statements. Aragon admitted committing these offenses in Colfax County, N.M., between July 2009 and July 24, 2010. During this period, Aragon was a physician employed by the Family Practice Clinic in Raton, N.M.

In entering his guilty plea, Aragon admitted that, on July 9, 2009, he conspired with his wife, who has not been charged, fraudulently to obtain Hydrocodone, a prescription painkiller, by providing a prescription to a former patient, who filled the prescription and gave the Hydrocodone to Aragon and his wife. Aragon acknowledged that the former patient did not have a legitimate medical need for the Hydrocodone, and that he and his wife shared the Hydrocodone. Aragon also admitted that, on July 30, 2009, he fraudulently obtained Hydrocodone by having a mentally-challenged patient fill a prescription and give the Hydrocodone to him. That patient also had no legitimate medical need for Hydrocodone, which Aragon used for himself.

Aragon also admitted that, on April 17, 2010, he instructed a nurse at the Family Practice Clinic to prepare a prescription for Ativan, a prescription medication for anxiety, using the DEA registration/provider number of a health care provider at the Family Practice Clinic. Aragon acknowledged that his colleague did not give him permission to use her DEA registration/provider number and had no knowledge that he used her number for the purpose of fraudulently obtaining the Ativan.

Aragon further admitted that, between July 19, 2010 and July 24, 2010, after learning that he was the target of an investigation, he asked a nurse at the Family Practice Clinic to make false statements or omit material statements of fact to the police about his criminal activities. Aragon repeatedly asked the nurse to lie for the purpose of hindering the investigation into his criminal activities.

“The American people expect their medical care professionals to prescribe drugs responsibly. While the vast majority of physicians obey federal laws that control prescription drugs, one bad doctor can endanger himself as well as others in the community,” said FBI Special Agent in Charge, Carol K.O. Lee. “The FBI takes these violations very seriously, and we appreciated the opportunity to work with our partners at the Drug Enforcement Administration and the U.S. Attorney's Office on this case.”

“The abuse of prescription drugs, such as hydrocodone, remains a significant problem in our communities. DEA will continue to target those who illegally divert these pharmaceuticals, which can be as destructive and deadly as any illegal drug. It is particularly disturbing when the offender is a physician who betrays the trust of patients for whose health he is responsible. This conviction should serve as a reminder that anyone who diverts prescription drugs will be held accountable for the harm they cause,” said DEA Special Agent in Charge, Joseph M. Arabit.

The case was investigated by the Albuquerque Division of the FBI and the Albuquerque Field Office of the DEA, and was prosecuted by Assistant U.S. Attorney Samuel A. Hurtado.

ALBUQUERQUE –Danny Dan Don Brown, 25, a member of the Navajo Nation who resides in Church Rock, N.M., pled guilty this morning to a second degree murder charge under a plea agreement with the U.S. Attorney’s Office.

Brown and co-defendant, Melvyn Lee Morgan, 29, a member of the Navajo Nation who resides in Gallup, N.M., were charged in a criminal complaint on Dec. 4, 2011, for the Dec. 3, 2011 murder of Robert L. Smith, also a member of the Navajo Nation. According to the complaint, the murder occurred in Church Rock, which is within the Navajo Indian Reservation. Brown and Morgan were arrested on Dec. 27, 2011, and have been in federal custody since that time. The two were indicted on Jan. 24, 2012, and charged with second degree murder.

According to court records, late on the night of Dec. 3, 2011, Brown, Morgan and the victim had a fight after drinking alcohol. During the fight, Brown and Morgan repeatedly kicked and punched the victim, who died as a result of injuries he sustained.

Under the terms of his plea agreement, Brown faces a sentence of not less than 12 years and not more than 15 years in prison. Brown remains in custody pending his sentencing hearing, which has yet to be scheduled.

Morgan has entered a not guilty plea to the indictment. The charges in the indictment as to Morgan are only accusations and he is presumed innocent unless proven guilty.

The case was investigated by the Gallup office of the FBI with assistance from the Crownpoint Division of the Navajo Nation Department of Public Safety and the McKinley County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.

ALBUQUERQUE – Dhanzasikam R. Toledo, 21, an enrolled member of the Ramah Navajo Chapter of the Navajo Nation, was sentenced this morning to 72 months in prison followed by three years of supervised release for his voluntary manslaughter conviction.

Toledo was arrested on Nov. 21, 2011, on a criminal complaint alleging that he murdered his uncle, also a member of the Ramah Navajo Chapter, on Nov. 10, 2011, in Ramah, N.M., which is located on the Navajo Indian Reservation. Toledo was indicted on a second degree murder charge on Dec. 13, 2011.

On Sept. 26, 2012, a federal jury acquitted Toledo on the second degree murder charge but convicted him of the lesser included charge of voluntary manslaughter. According to the evidence presented at trial, Toledo stabbed the victim to death on Nov. 10, 2011, during an argument over a debt owed by Toledo to the victim that escalated to include personal verbal attacks about Toledo and his family. Toledo stabbed the victim after the victim started making racially derogatory slurs about Toledo, who is of Indian and African‐American descent.

The case was investigated by the Gallup office of the FBI and the Ramah Navajo Nation Police Department, and was prosecuted by Assistant U.S. Attorneys Niki Tapia‐Brito and Presiliano Torrez.

ALBQUERQUE –Daniel Chee Walley, 47, a member of the Navajo Nation from Chambers, Ariz., was sentenced this afternoon for violating the Migratory Bird Treaty Act, announced U.S. Attorney Kenneth J. Gonzales and Nicholas E. Chavez, Special Agent in Charge of the Southwest Region, U.S. Fish and Wildlife Service Office of Law Enforcement.

Walley was arrested on Sept. 14, 2012, based on an indictment charging him with selling and bartering parts of a Swainson’s hawk tail on Jan. 31, 2009, in McKinley County, N.M., without obtaining permission from the Secretary of the U.S. Department of the Interior, in violation of the Migratory Bird Treaty Act. On Oct. 22, 2012, Walley pled guilty to the During this afternoon’s proceedings, Walley was sentenced to two months of home confinement followed by a year of probation. Walley also fined $150 to be paid to the North American Wetlands Conservation Fund.

Swainson’s hawks and other migratory birds are protected under federal wildlife laws, including the Migratory Bird Treaty Act. These laws prohibit the possession, use, and sale of the feathers or other parts of federally protected birds, as well as the unauthorized killing of these birds, to help ensure that bird populations remain healthy and sustainable.

“We want people to understand that over 1000 birds are safeguarded under the Migratory Bird Treaty Act, and the Service is committed to ensuring their protection,” said Nicholas E. Chavez, the US Fish and Wildlife Services Southwest Region Special Agent in Charge.

This case was prosecuted by Special Assistant U.S. Attorney Adam S. Rowley, and was investigated by the U.S. Fish and Wildlife Service and the Navajo Department of Fish and Wildlife Conservation.

The mission of the U.S. Fish and Wildlife Service is working with others to conserve, protect, and enhance fish, wildlife, plants, and their habitats for the continuing benefit of the American people. It is both a leader and trusted partner in fish and wildlife conservation, known for its scientific excellence, stewardship of lands and natural resources, dedicated professionals, and commitment to public service. For more information on its work and the people who make it happen, visit www.fws.gov. Connect with its Facebook page at www.facebook.com/usfws, follow its tweets at www.twitter.com/usfwshq, watch its YouTube Channel at http://www.youtube.com/usfws and download photos from its Flickr page at http://www.flickr.com/photos/usfwshq.

ALBUQUERQUE – This morning Laurence Kasero, 38, a member and resident of Laguna Pueblo, N.M., pled guilty to a federal assault charge under a plea agreement with the U.S. Attorney’s Office.

Kasero was indicted on Sept. 25, 2012, and charged with assault resulting in serious bodily injury. The indictment charged Kasero with assaulting a woman on March 20, 2011, in Indian Country within Bernalillo County.

During this morning’s proceedings, Kasero pled guilty to the indictment. In entering his guilty plea, Kasero admitted assaulting his wife, a member of Acoma Pueblo, at the Route 66 Casino parking lot on Laguna Pueblo on March 20, 2011. Kasero admitted that, after he caused the victim to fall to the ground, he stomped on her ankles causing her to sustain serious bodily injury.

Kasero has been in federal custody since his arrest on Sept. 28, 2012, and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Kasero faces a maximum penalty of ten years of imprisonment.

The case was investigated by the Bureau of Indian Affairs, Office of Justice Services, Southern Pueblos Agency, and the Pueblo of Laguna Police Department, and is being prosecuted by Special Assistant U.S. Attorney David M. Adams.

ALBUQUERQUE – Lolita Nieto, 36, a member and resident of Kewa Pueblo, was sentenced this afternoon to 15 months in prison followed by a year of supervised release for her aggravated assault conviction. Nieto also was ordered to pay $3,745.20 in restitution to the victim of her attack.

Nieto was indicted on March 1, 2012, and charged with assault resulting in serious bodily injury. She has been in federal custody since her arrest on March 9, 2012.

On July 26, 2012, Nieto pled guilty to an Information charging her with aggravated assault. In entering her guilty plea, Nieto admitted that, on July 23, 2011, she assaulted another woman in Indian country within Sandoval County, N.M. More specifically, Nieto admitted striking and kicking the victim of her assault.

As required by Nieto’s plea agreement, the indictment against Nieto was dismissed after sentence was imposed.

The case was investigated by the Santa Fe office of the FBI and the Bureau of Indian Affairs, Office of Justice Services, Southern Pueblos Agency, and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.

Armando C. Gutierrez and Joseph C. Kupfer Found Guilty of Stealing $2,500,993 in Federal "Help America Vote Act" Funds

ALBUQUERQUE – This evening, a federal jury sitting in Albuquerque, N.M., found Armando C. Gutierrez, 65, of Corpus Christi, Texas, and Joseph C. Kupfer, 49, of Rio Rancho, N.M., guilty of conspiracy and theft of government property charges after an eight-day trial. The jury also convicted Gutierrez on obstruction of justice and money laundering charges. The jury’s guilty verdict was announced by U.S. Attorney Kenneth J. Gonzales, Acting Special Agent in Charge Gabriel L. Grchan of the Phoenix Division of the IRS Criminal Investigation, and Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI.

Kupfer and his wife, Elizabeth D. Kupfer, 50, were charged with federal tax evasion offenses on Dec. 15, 2010. The three-count indictment charged the couple with willfully failing to report at least $768,333 in taxable income during tax years 2004 through 2006, and evading $286,175 in federal taxes.

On July 27, 2011, the indictment was superseded by an eleven-count superseding indictment which added Gutierrez as a co-defendant. Counts 1 through 5 of the superseding indictment included a conspiracy charge and theft of government property charges against Gutierrez and Kupfer relating to federal “Help America Vote Act” (HAVA) funds administered by former New Mexico Secretary of State (NMSOS) Rebecca Vigil-Giron. Counts 6 and 7 added obstruction of justice charges against Gutierrez relating to a federal audit and investigation into the misuse of federal HAVA funds, and Count 8 charged Gutierrez with laundering $630,000 in unlawfully obtained proceeds. Counts 9 through 11 included the three original tax evasion charges against the Kupfers. The superseding indictment also included provisions seeking forfeiture of any property constituting proceeds traceable to the offenses charged, and a money judgment in the amount of $2,500,993, the amount involved in the offenses charged.

At the time of the events described in the superseding indictment, Gutierrez and Kupfer were providing consulting services to the NMSOS under HAVA contracts, and Mrs. Kupfer was an employee of the New Mexico Attorney General’s Office (NMAGO) who had been detailed to work for the NMSOS.

In April 2012, the federal judge presiding over the case severed the three tax evasion counts from the other eight counts in the superseding indictment for purposes of trial. The Judge then scheduled separate trials for the Kupfers on the three tax evasion charges (the tax trial), and for Gutierrez and Kupfer on the conspiracy, theft, obstruction of justice and money laundering charges (the HAVA trial).

The tax trial against the Kupfers commenced on Aug. 13, 2012, and concluded on Aug. 17, 2012, when the jury returned a guilty verdict against the Kupfers on all three tax evasion charges. The evidence at the tax trial established that, during the years 2004 through 2006, Kupfer received income from Kupfer Consulting (KC), a business owned and operated by Kupfer, including federal HAVA funds, and the Kupfers reported income from KC in their joint personal tax returns. During those three years, the Kupfers received $1,304,421 in revenue from KC but reported only $502,541 in their tax returns. The Kupfers concealed approximately $768,333 in income by providing incomplete information to their tax preparer, thus avoided paying taxes on that money, and signed false and fraudulent tax returns and submitting those returns to the IRS.

The HAVA trial commenced on Jan. 22, 2012, and the evidence established that, following the passage of HAVA in 2002, States received federal funding to educate voters about the electoral process, increase voter registration, and meet new standards for election administration and voting systems. Between April 2003 and Dec. 2006, the NMSOS administered almost $20 million of federal HAVA funds through a number of contracts, including a multi-million dollar contract for voting-related advertising that was awarded to A. Gutierrez and Associates, Inc. (AGA), a company solely-owned and operated by Gutierrez, and three small contracts for increasing voting accessibility for the disabled that were awarded to KC, Kupfer’s business.

In summary, the evidence established Gutierrez and Kupfer conspired together to defraud the United States by stealing federal HAVA funds and converting the funds for their own use. Specifically, the two men unlawfully obtained federal HAVA funds for work they did not perform and services they did not provide by: (1) submitting false invoices for services that AGA and KC never provided; (2) attempting to obstruct an audit by the Election Assistance Commission (EAC); and (3) attempting to conceal the federal HAVA funds that they stole.

In April 2004, the NMSOS awarded a voting-related advertising contract to AGA. By its terms, the AGA contract was to terminate on Dec. 30, 2006, could not exceed $4 million, and required the written approval of the NMSOS before AGA could retain subcontractors. The AGA contract was amended in May 2006 to include an additional $1,762,000 in federal HAVA funds, and again in Oct. 2006 to add another $186,750 in federal HAVA funds. Between Sept. 2004 and Oct. 2006, AGA received a total of $6,271,810 in federal HAVA funds from the State of New Mexico but Gutierrez submitted documentation supporting only $3,385,151 in services and costs, resulting in an overpayment of $2,500,993 to which AGA was not entitled.

In addition to the three small contracts ($20,000 in 2003; $20,000 in 2004; and $30,000 in 2005) awarded to KC by the NM SOS, AGA made a series of nine payments totaling $746,375 in federal HAVA funds to Kupfer between Oct. 2004 and Nov. 2006. The payments far exceeded the value of any work that Kupfer ever actually performed for AGA under the HAVA contract, and Gutierrez and AGA never submitted any documentation to the NMSOS’s reflecting that AGA had retained Kupfer and/or KC as a subcontractor.

In early 2007, the EAC, an independent bipartisan commission established by HAVA to assist states with HAVA compliance and distribution of federal HAVA funds, began an audit into the use of federal HAVA funds by the NMSOS. The AGA HAVA contract immediately became the primary focus of the EAC’s audit because AGA could not provide documentation to the EAC auditors to support the federal HAVA funds AGA received for services allegedly provided to the State of New Mexico. In an effort to provide documentation for the federal HAVA funds AGA received, AGA provided 187 fraudulent invoices totaling $1,137,000 that purported to represent payment to media vendors when in fact AGA never paid any vendors based on these invoices. AGA also submitted documents that purported to modify the AGA contract by (1) changing it from a fixed hourly rate contract to a cost-plus-percentage-of cost contract, and (2) permitting AGA to hire subcontractors without written approval of the NMSOS. These documents, signed only by Gutierrez and AGA, were not in the files of the NMSOS, the New Mexico Department of Finance and Administration (NM DFA) or the NMAGO, and were not approved by the NM DFA as required by New Mexico law.

Subsequent to the EAC audit and in response to federal grand jury subpoenas, AGA and KC submitted fraudulent invoices that purported to support the nine payments totaling $746,375 that KC received from AGA between Oct. 2004 and Nov. 2006. Three of these invoices sought payments in the aggregate amount of $236,605 for production of a poll worker training video that was actually produced by another subcontractor at the cost of $75,000. These invoices had not been submitted to the EAC during its audit and were not in the files of the NMSOS, the NM DFA or the NMAGO.

The jury deliberated approximately three hours before returning a guilty verdict on Counts 1 through 8 of the superseding indictment.

At sentencing, the defendants face a maximum penalty of five years in prison on each of Counts 1 and 6, and a maximum penalty of ten years in prison on each of the remaining counts in the superseding indictment. The defendants also may be fined up to $250,000 on each count of conviction with the exception of Count 8, the money laundering charge against Gutierrez, which provides for a fine up to twice the value of the funds at issue, or $1,260,000. All three defendants remain on conditions of release pending their sentencing hearings. Mrs. Kupfer is scheduled to be sentenced on March 25, 2013. Sentencing hearings have yet to be set for Gutierrez and Kupfer.

In announcing the jury’s guilty verdict, U.S. Attorney Gonzales said, “The message behind the jury’s guilty verdict is that those who do business with government agencies will be held to the same high standards as government officials. By entering into contracts to provide services paid for with taxpayers’ monies, private citizens become duty bound to provide honest services for the monies they received. Mr. Gutierrez and Mr. Kupfer violated that duty by stealing more than $2,500,000 in taxpayers’ monies and failing to provide any services for that money. When anyone, including public official and government contractors, abuses the public’s trust in this way, they corrupt the system and erode the public’s confidence in their government. I want to thank the New Mexico Attorney General's Office for initiating the investigation that led to today’s guilty verdict, and commend the IRS and FBI for undertaking the painstaking, comprehensive and complex investigation that permits us to hold these men responsible for stealing from the public they contracted to serve.”

“The Federal government provided voter education funds to the State of New Mexico to ensure all citizens have the opportunity to have their voices heard. Gutierrez and Kupfer instead used a significant portion of these funds to support their lavish lifestyles. IRS Criminal Investigation, along with our law enforcement partners, will continue to aggressively pursue the blatant waste of taxpayer dollars,” stated IRS Criminal Investigation Acting Special Agent in Charge Gabriel Grchan.

“The FBI has zero tolerance for those who would steal from U.S. taxpayers, especially when it involves taking advantage of a program created to increase access to one of our nation’s most cherished rights,” said FBI Special Agent in Charge Carol Lee. “Thanks to the efforts of FBI Special Agents working with the IRS Criminal Investigation and the New Mexico Attorney General’s Office, we have held accountable individuals who lined their pockets with money that should have been used to help Americans vote.”

The case was investigated by the IRS Criminal Investigation and the Albuquerque office of the FBI, with assistance from the New Mexico Attorney General’s Office. The case was prosecuted by Assistant U.S. Attorneys Tara C. Neda, Jeremy Peña and Cynthia L. Weisman.

ALBUQUERQUE – This afternoon three California men entered guilty pleas to participating in a scheme to fraudulently obtain high-value cellular phones from retail stores in California, Arizona and New Mexico and to resell the cellular phones for profit. The guilty pleas were announced by U.S. Attorney Kenneth J. Gonzales and Resident Agent in Charge Richard Ferretti of Albuquerque Resident Office of the U.S. Secret Service.

Joshua Ferdman, 31, Jeffrey Contella, 28, and Joseph Cohen, 26, of Los Angeles, Cal., and Amir Meir Levi, 36, of Sherman Oaks, Cal., were indicted on Feb. 28, 2012, and charged with (1) conspiracy to transport stolen property and commit access device fraud, and (2) access device fraud. This afternoon, Contella, Cohen and Levi each entered a guilty plea to the indictment without the benefit of any plea agreement.

According to the indictment, in May 2011, the four defendants engaged in a scheme to fraudulently obtain high-value cellphones, including smartphones, from Sprint stores, and to resell the cellphones in a Van Nuys, Cal., store owned by Cohen and through an on-line store hosted by EBay. The defendants traveled to Sprint stores throughout California, Arizona and New Mexico and fraudulently obtained significant quantities of cellphones by impersonating Sprint customers and the unauthorized use of the customers’ account numbers. The defendants allegedly obtained the phones free of cost by instructing store clerks to bill the cost of the phones to the accounts of the unwitting Sprint customers.

From May 10, 2011 through May 16, 2011, Ferdman and Levi traveled to various Sprint stores in California, including stores in Fullerton, Los Angeles, Hollywood, San Francisco, Sacramento and Folsom, to perpetuate their fraudulent scheme. From May 21, 2011 to May 24, 2011, Ferdman and Contella traveled to various Sprint stores in Arizona and New Mexico for that same purpose. During this period, Levi wired cash to Ferdman and Contella; Ferdman sent cellphones to Levi via Federal Express; Levi delivered the cellphones to Cohen; and Cohen sold the cellphones.

On May 25, 2011, Ferdman, Contella and Levi fraudulently obtained 13 smartphones from a Sprint store in Albuquerque through the unauthorized use of a Sprint customer’s account number. That same day, Ferdman, Contella and Levi attempted to purchase an additional six smartphones from a Sprint store in Albuquerque.

Contella, Cohen and Levi remain on conditions of release pending their sentencing hearings, which have yet to be scheduled. At sentencing, each man faces a maximum penalty of five years in prison and a $250,000 fine on the conspiracy charge, and ten years in prison and a $250,000 fine on the access device fraud charge.

The United States is seeking forfeiture of all property used by the defendants to commit the offenses charged in the indictment as well as all proceeds obtained by the defendants as a result of their illegal conduct, including funds in a bank account in the name of Cohen’s business and a PayPal, Inc., account. Approximately $250,000 was seized from those accounts pursuant to court-authorized seizure warrants.

Co-defendant Ferdman has entered a not guilty plea and is pending trial. The charges in the indictment against Ferdman are only accusations, and he is presumed innocent unless found proven guilty beyond a reasonable doubt.

The case was investigated by the U.S. Secret Service and the Albuquerque Police Department’s Organized Crime Unit, and is being prosecuted by Assistant U.S. Attorney John C. Anderson.

Defendant’s Sentence Enhanced for Raping a Female Illegal Alien During Smuggling Expedition Involving Nine Illegal Aliens

ALBUQUERQUE – Yesterday afternoon, Alberto Cuevas-Gonzalez, 49, a Mexican national from Senora, Mexico, was sentenced to 102 months in prison for his conviction for transporting illegal aliens and re-entering the United States after previously having been deported subsequent to an aggravated felony conviction. Cuevas-Gonzalez’s sentence was enhanced from the recommended sentencing range of 63 to 78 months based on the court’s findings that Cuevas-Gonzalez raped one of the aliens whom he had smuggled into the United States.

Cuevas-Gonzalez also was sentenced to 12 months in prison for violating his conditions of release on a prior sentence. Six months of this sentence are to be served concurrently with the 102 month sentence, resulting in a total prison sentence of 108 months. Cuevas-Gonzalez will be deported after he completes his prison sentence.

The sentence was announced by U.S. Attorney Kenneth J. Gonzales and Chief Patrol Agent Scott A. Luck, El Paso Sector, U.S. Border Patrol.

Cuevas-Gonzalez, whose true name is Jose Angel Cardenas-Aguilar, was arrested by U.S. Border Patrol Agents in Hidalgo County, N.M., on May 3, 2012, for smuggling nine illegal aliens from Mexico into the United States. He has been in federal custody since that time. On June 27, 2012, Cuevas-Gonzalez pled guilty to transporting illegal aliens and re-entering the United States without authorization after previously having been deported subsequent to an aggravated felony conviction.

Court records reflect that Cuevas-Gonzales was arrested on May 3, 2012, shortly after leading nine illegally aliens, including a young woman, across the Mexican border into the United States on foot. Each of the nine illegal aliens had paid or agreed to pay a $3000 smuggling fee to Cuevas-Gonzales. During the two-day trek, Cuevas-Gonzales drew the young woman away from the group on two occasions, once in Mexico and again in Arizona, and coerced her into having sex by threatening to kill her, or to leave her and the others to die in the desert.

Court records reflect that Cuevas-Gonzales was convicted for illegal entry into the United States in 1995 and 1999 and for illegal re-entry after deportation in 2002. He also has two prior felony convictions for marijuana trafficking offenses.

The case was investigated by the U.S. Border Patrol, Lordsburg Border Patrol Station, with assistance from the Cochise County (Arizona) Sheriff’s Department, and was prosecuted by Assistant U.S. Attorney Mick I.R. Gutierrez of the U.S. Attorney’s Branch Office.

Defendant Charged with Violating Safe Doses Act

ALBUQUERQUE – James Phillip Tafoya, 42, of Albuquerque, N.M., made his initial appearance in federal court this morning on a three-count indictment charging him with (1) violating the Hobbs Act by robbing a business involved in interstate commerce, (2) using a firearm in relation to a crime of violence, and (3) theft of medical products. Tafoya remains in custody pending his arraignment and detention hearing which are scheduled for Jan. 31, 2013.

Count 1 of the indictment alleges that Tafoya robbed an employee of an Albuquerquearea CVS Pharmacy at gunpoint on Nov. 3, 2012, and stole Oxycodone and Oxycontin. Count 2 alleges that Tafoya used a firearm to perpetuate the robbery, and Count 3 alleges that Tafoya violated the Safe Doses Act by using violence and the threat of violence to unlawfully take preretail medical products.

The Safe Doses Act was enacted in Oct. 2012, to fight medical theft and protect patients from unknowingly using stolen and mishandled drugs. The Act provides for enhanced sentences for individuals who rob pharmacies of controlled substances; individuals who steal medical products; and “fences” who knowingly obtain stolen medical products for resale in the supply chain.

If convicted, Tafoya faces a maximum sentence of 20 years in prison on the Hobbs Act charge and 30 years in prison on for theft of medical products charge. If convicted on the firearms charge, Tafoya will be sentenced to a mandatory seven-year term of imprisonment to be served consecutive to any prison term imposed on the other two charges.

U.S. Attorney Kenneth J. Gonzales said that this case was brought as part of a new law enforcement initiative launched in July 2012, by the FBI’s Violent Crimes and Major Offender Squad and the Albuquerque Police Department’s Armed Robbery Unit that targets suspects implicated in commercial armed robberies. This new initiative is part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under the antiviolence 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 our communities for as long as possible.

The case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department, and is being prosecuted by Assistant U.S. Attorney Jon K. Stanford.

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

ALBUQUERQUE – This morning a federal judge in Albuquerque sentenced Travis Cohoe, 44, a member and resident of Navajo Nation who resides in Two Grey Hills, N.M., to a year and a day in prison for his assault conviction. Cohoe will be on supervised release for three years after he completes his prison sentence. Cohoe also was ordered to pay $7,176.41 in restitution to the victim of his crime.

Cohoe was charged on June 7, 2011, in a two-count indictment with assault resulting in serious bodily injury and assault with a dangerous weapon. The indictment alleged that Cohoe assaulted a Navajo man and caused him serious bodily injury on April 13, 2010, on the Navajo Indian Reservation.

On Sept. 24, 2012, Cohoe pled guilty to Count 1 of the indictment charging him with assault resulting in serious bodily injury. During his plea hearing, Cohoe admitted that on April 13, 2010, he seriously injured a Navajo man by running over him with his vehicle during the course of an argument. The victim sustained a broken left femur, broken left wrist, broken facial bones, a concussion, and various abrasions as a result of the assault. Cohoe was intoxicated when he committed the assault. Cohoe has been in federal custody since entering his guilty plea.

Count 2 of the indictment was dismissed after sentence was imposed on Cohoe.

The case was investigated by the Farmington office of the FBI and the Shiprock Division of the Navajo Nation Department of Public Safety, and was prosecuted by Assistant U.S. Attorney Jack E. Burkhead.

ALBUQUERQUE – Yesterday afternoon, Alfonso Levya, 34, of Las Cruces, was sentenced to 30 months in prison followed by three years of supervised release for being a felon in possession of a firearm and ammunition. The sentence was announced by U.S. Attorney Kenneth J. Gonzales and Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Levya was arrested on a criminal complaint in Sept. 2011, and subsequently was indicted in Jan. 2012, and charged with unlawful possession of a firearm and ammunition. According to the indictment, Levya unlawfully possessed a firearm and ammunition in Dona Ana County, N.M., on April 7, 2010. At the time, Levya was prohibited from possessing firearms or ammunition because he previously had been convicted of a marijuana importation charge in the United States District Court for the Western District of Texas.

Levya pled guilty to the indictment on May 7, 2012, under a plea agreement that required Levya to forfeit the firearm and ammunition that were in his possession on April 7, 2010.

ATF Special Agent in Charge Atteberry stated, “Today’s sentencing serves as an example that law enforcement in the state of New Mexico will not tolerate the criminal possession of firearms by prohibited individuals. I would like to recognize the efforts of our law enforcement partners in removing another potential threat from our community.”

The case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Las Cruces/Dona Ana County Metro Narcotics Unit, the New Mexico State Police Narcotics Unit and the Las Cruces Police Department Targeting Neighborhoods Threats (TNT) Unit, and was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Earlier today a federal judge in Las Cruces, N.M., sentenced Adrian Gutierrez, 33, of Artesia, N.M., to 30 months in prison followed by three years of supervised release for being a felon in possession of firearms. The sentence was announced by U.S. Attorney Kenneth J. Gonzales and Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Gutierrez was arrested on June 29, 2012, on a criminal complaint, and has been in federal custody since that time. Gutierrez pled guilty to an Information on Aug. 23, 2012, that charged him with unlawfully possessing three firearms on March 23, 2012, in Eddy County, N.M. At the time, Gutierrez was prohibited from possessing firearms or ammunition because he previously had been convicted of a marijuana trafficking felony in the Fifth Judicial District Court for the State of New Mexico.

“This case serve as a shining example once again of the collaborative relationship between federal and local law enforcement,” stated ATF Special Agent in Charge Atteberry.

The case was investigated by the Roswell office of the Bureau of Alcohol Tobacco, Explosives and Firearms, the Pecos Valley Drug Task Force and the Carlsbad Police Department, and was prosecuted by Special Assistant U.S. Attorney Donald F. Moore, Jr.

ALBUQUERQUE – Charles Brown, 61, of Albuquerque, N.M., was sentenced this morning to eight years in prison followed by three years of supervised release for possessing a stolen firearm and ammunition. The sentence was announced by U.S. Attorney Kenneth J. Gonzales and Thomas G. Atteberry, Special Agent in Charge of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Brown was indicted in Oct. 2011, and was charged with two counts of the unlawful possession of a firearm and ammunition on Dec. 20, 2010 and on June 14, 2011 in Bernalillo County, N.M. On both dates, Brown was prohibited from possessing firearms or ammunition because he previously had been convicted of the following felony offenses in Second Judicial District Court for the State of New Mexico: (1) robbery in May 1972; (2) residential burglary in June 1978; (3) residential burglary and larceny in Feb. 1978; (4) receiving or transferring a stolen motor vehicle in Dec. 1980; (5) receiving stolen property in Dec. 1980; (6) receiving stolen property in Jan. 1990; (7) heroin trafficking in Dec. 1995. He also was convicted of (8) burglary of a dwelling and conspiracy to commit burglary of a dwelling in Jan. 1996, in the Thirteenth Judicial District Court for the State of New Mexico; and (9) endangerment in Aug. 2003, in the Arizona Superior Court, Pima County.

Brown was arrested on Oct. 13, 2011, and has been in federal custody since that time. On Aug. 1, 2012, Brown pled guilty to a criminal information charging him with possession of a stolen firearm on June 14, 2011. The plea agreement required Brown to forfeit the firearms and ammunition that were in his possession on Dec. 20, 2010 and June 14 2011.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Albuquerque Police Department, and was prosecuted by Assistant U.S. Attorney Louis E. Valencia.

ALBUQUERQUE – Earlier today in federal court in Las Cruces, N.M., Terrence Charles Blake, 29, a member and resident of the Mescalero Apache Nation, was sentenced to 79 months in prison for his aggravated sexual abuse conviction. Blake will serve a five-year term of supervised release after he completes his prison sentence, and will be required to register as a sex offender. Blake’s sentence was announced by U.S. Attorney Kenneth J. Gonzales and DuWayne W. Honahni, Sr., Special Agent in Charge of District IV of BIA’s Office of Justice Services.

Blake was arrested on August 10, 2011, based on a criminal complaint alleging that he raped a Mescalero Apache woman on May 13, 2011, on the Mescalero Apache Reservation. He has been in federal custody since his arrest. On Nov. 16, 2011, Blake was indicted and charged with aggravated sexual abuse.

According to court records, on May 13, 2011, Blake drove the victim to a secluded field behind the Pena Housing Area on the Mescalero Reservation and sexually assaulted her. Blake pled guilty to the indictment on May 7, 2012, and admitted meeting the victim at the Inn of the Mountain Gods Resort and Casino in Ruidoso, N.M., on May 13, 2011. Blake admitted leaving the resort with the victim and later driving her to the secluded field, where he sexually assaulted her against her will and by use of force.

This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, Mescalero Agency, and was prosecuted by Assistant U.S. Attorneys Jessica Càrdenas Jarvis and Richard C. Williams of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Daniel Francis Jones, 51, of Las Cruces, N.M., was sentenced this morning to 70 months in prison followed by three years of supervised release for his bank robbery conviction. The sentence was announced by U.S. Attorney Kenneth J. Gonzales and Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI.

Jones was arrested on Dec. 13, 2011, on a criminal complaint alleging that he robbed the 1st New Mexico Bank of Las Cruces, located at 3000 E. Lohman in Las Cruces, on Dec. 13, 2011. He has been in federal custody since his arrest.

Court records reflect that Jones entered the bank with a backpack and approached a bank teller with a note demanding money. After obtaining cash from two bank tellers, Jones left the bank on foot and headed towards stores located near the bank. Shortly thereafter, officers of the Las Cruces Police Department detained Jones at pets store because he matched the description of the robber. Jones was arrested when the officers found him in possession of the stolen money.

Jones pled guilty to the bank robbery on March 8, 2012, without the benefit of a plea agreement.

The case was investigated by the Las Cruces office of the FBI and the Las Cruces Police Department, and was prosecuted by Assistant U.S. Attorney Amanda Gould of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Homero Varela, 30, of Albuquerque, N.M., entered a guilty plea today to federal drug trafficking and money laundering offenses under a plea agreement that requires a sentence of 120 to 135 months in prison. Varela’s guilty plea was announced U.S. Attorney Kenneth J. Gonzales, Special Agent in Charge Joseph M. Arabit of the El Paso Field Division of the DEA, Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and Acting Special Agent in Charge Gabriel L. Grchan of the Phoenix Division of the IRS Criminal Investigation.

Varela was arrested on Jan. 26, 2012, on a 29-count federal indictment charging him and 14 co-defendants with drug trafficking, money laundering and currency structuring offenses. The indictment charged Varela and his 14 co-defendants with conspiracy to distribute cocaine, methamphetamine and marijuana in New Mexico between May 2011 and January 2012. It also charged Varela and two co-defendants with participation in a money laundering conspiracy. Varela also was charged with distributing methamphetamine, money laundering, and using a communications device to facilitate drug trafficking offenses. The indictment included provisions seeking forfeiture of property constituting, or derived from proceeds obtained from the defendants’ illegal drug trafficking and financial crimes.

This morning, Varela pled guilty to the following three counts of the indictment: Count 1, charging him with conspiracy to distribute controlled substances; Count 5, charging him with conspiracy to launder money; and Count 6, charging him with money laundering. In entering his guilty plea, Varela admitted using cellular telephones on a regular basis to facilitate the distribution of illegal drugs in and about Albuquerque and his money laundering activities.

In his plea agreement, Varela acknowledged the nature and extent of his drug trafficking activities by admitting that he distributed half a kilogram of methamphetamine to a DEA source in July 2011 and again in Sept. 2011. He also admitted facilitating the distribution of 244 kilograms of marijuana and 26 kilograms of cocaine in early Nov. 2011. The marijuana and cocaine were seized on Nov. 10, 2011, when law enforcement authorities arrested co-defendant Ramon Gonzales, Sr., as he was transporting the drugs. Varela also admitted that he and codefendant Roy Madrid arranged for others transport a large amount of currency to Mexico in July 2011. On July 22, 2011, law enforcement authorities seized $112,270 from individuals who were taking drug proceeds from Varela’s drug trafficking activities to Mexico.

Varela also acknowledged the nature and extent of his money laundering activities in his plea agreement. He also agreed to the imposition of a $150,000 money judgment and to forfeit his right and interest in his Albuquerque residence.

Varela remains in federal custody pending his sentencing hearing, which has yet to be scheduled.

Thirteen of Varela’s co-defendants have entered not guilty pleas to the indictment and are pending trial; the 14th co-defendant, Manuel Villa-Mayorquin, has not been apprehended and is considered a fugitive. The charges in the indictment against Varela’s 14 co-defendants are only accusations, and they are presumed innocent unless proven guilty beyond a reasonable doubt.

The indictment in this case was the result of a multi-agency investigation into a major drug trafficking and money laundering organization operating out of the Albuquerque metropolitan area that was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program. OCDETF is 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.

The case is being prosecuted by Assistant U.S. Attorney Reeve Swainston and was investigated by DEA, IRS and FBI with support from the New Mexico State Police, the Albuquerque Police Department and, the El Paso County Sheriff’s Office.