FEDERAL DISTRICT ARCHIVE
District of New Mexico
Press releases recorded for this federal judicial district.
Albuquerque Man Sentenced for Drug TraffickingRead the Press Release
ALBUQUERQUE – A federal judge handed down a 14-year prison sentence to an Albuquerque man who was caught with more than 19 pounds of fentanyl in a hotel room.
According to publicly available court records, on October 26, 2022, officers from the Bureau of Indian Affairs intercepted a load of fentanyl destined for Albuquerque during a routine traffic stop. The driver agreed to engage in a “controlled delivery” to an individual in a Walmart parking lot in Albuquerque. Law enforcement staged around the area and observed a vehicle driven by Eric Jaramillo, 33, arrive at the designated time. Before law enforcement could immobilize the vehicle, Jaramillo drove away. Law enforcement pursued Jaramillo, who jumped out of the vehicle and fled into a water diversion tunnel.
Agents from Homeland Security Investigations discovered Jaramillo had an outstanding warrant from Arizona, so they began scouring the city for him. Several weeks later, on November 14, 2022, agents located Jaramillo at a Best Western Hotel in Albuquerque. The following day, law enforcement staged around the area. When he exited his hotel room, Jaramillo attempted to flee, but was captured when he impaled his leg on a wrought iron fence. A subsequent search of his hotel room located 8.7 kilograms -- or 19.2 pounds – of fentanyl and two firearms.
Jaramillo pled guilty in federal court to possession with intent to distribute 400 grams and more of fentanyl. There is no parole in the federal system.
U.S. Attorney Alexander M.M. Uballez and Eric McLoughlin, Acting Special Agent in Charge of Homeland Security Investigations - El Paso, made the announcement today.
Homeland Security Investigations investigated this case with assistance from the Bureau of Indian Affairs, U.S. Immigration and Customs Enforcement and New Mexico State Police. Assistant United States Attorney Joseph M. Spindle prosecuted the case.
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Previously Convicted Felon Pleads Guilty to Violent Crime SpreeRead the Press Release
ALBUQUERQUE – A previously convicted felon pleaded guilty in federal court to charges arising from a violent crime spree over two months in 2021. Procopio Montoya Atkinson, 26, pleaded guilty in federal court to interference with commerce by robbery, using and carrying a firearm during and in relation to a crime of violence, assault upon a federal officer involving use of a deadly weapon, carjacking and being a felon in possession a firearm and ammunition.
According to court documents, on November 12, 2021, Atkinson robbed the Dollar General store at 201 Montano Rd NW. When the cashier opened the register, Atkinson tried to take money from the drawer, but the cashier closed the register drawer. Atkinson pulled out a firearm, discharged it into the ceiling, and demanded money. Another employee opened the register drawer and Atkinson took approximately $192.
On December 17, 2021, Atkinson forcibly assaulted a Task Force Officer with the United States Marshal Service who was attempting to arrest Atkinson on outstanding warrants. Atkinson saw the task force officer stopped on the side of a road and pointed a firearm at him as he passed by.
On December 20, 2021, Atkinson was being pursued by Belen police when he committed a carjacking. Atkinson ran out of gas and approached an occupied truck, pointed a firearm at the driver and told him to get out of the truck. During an ensuing struggle, Atkinson shot the driver. Atkinson got into the truck and tried to drive away but was blocked in by police.
In his plea agreement, Atkinson admitted that he knew that he was convicted of several felony offenses and therefore he could not legally possess a firearm or ammunition.
The Court ordered that Atkinson remain in detention pending sentencing, which has not been scheduled. At sentencing, Atkinson faces no less than 10 years and up to life in prison.
There is no parole in the federal system.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation, made the announcement today.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the United States Marshal Service, Belen Police Department, Bernalillo County Sheriff’s Office, Albuquerque Police Department, Rio Rancho Police Department and the New Mexico State Police. Assistant U.S. Attorney Timothy Trembley is prosecuting the case.
View the Plea Agreement# # #
Oregon Man Sentenced for Assaulting Passenger and Flight Crew MemberRead the Press Release
ALBUQUERQUE – An Oregon man pleaded guilty in federal court to assaulting a fellow passenger and flight crew member in 2021 on a Delta Airlines flight from Los Angeles to Nashville. Asiel Christian Norton, 46, of Salem, Oregon, pleaded guilty in federal court to two counts of simple assault and was sentenced to one year of probation.
According to court documents, on June 4, 2021, Norton was a passenger on Delta Airlines Flight 386. During the flight, Norton rushed to the front of the plane and assaulted another passenger by crashing into and injuring him. When a flight crew member tried to get Norton to return to his seat, Norton shoved him.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation, made the announcement today.
The FBI Albuquerque Field Office investigated this case with assistance from the Albuquerque Police Department. Assistant U.S. Attorney Jon Stanford is prosecuting the case.
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Three Defendants Arrested During 2023 Joint Enforcement Operation in Carlsbad Plead Guilty to Federal Drug OffensesRead the Press Release
ALBUQUERQUE – Three of the eight defendants indicted following a joint enforcement operation last year in Carlsbad, pleaded guilty in federal court to federal drug offenses.
Carlos Venegas, Jr., 24, of Carlsbad, pleaded guilty on March 4, 2024, to one count each of conspiracy to distribute 50 grams and more of methamphetamine, 400 grams and more of fentanyl, and 500 grams and more of cocaine, attempt to possess with intent to distribute 50 grams and more of methamphetamine, attempt to possess with intent to distribute 500 grams and more of cocaine, possession with intent to distribute 400 grams and more of fentanyl, and possession with intent to distribute 50 grams and more of methamphetamine.
Amber Owen, 51, of Carlsbad, pleaded guilty on March 12, 2024, to one count each of conspiracy to distribute 50 grams and more of methamphetamine and distribution of 50 grams and more of methamphetamine.
Kinny Gonzalez, 29, of Carlsbad, pleaded guilty on April 2, 2024, to conspiracy to distribute 50 grams and more of methamphetamine and 400 grams and more of fentanyl and more than 500 grams of a mixture and substance containing a detectable amount of cocaine, distribution of cocaine, conspiracy to smuggle goods from the united states, smuggling goods from the united states, attempt to smuggle a firearm and ammunition out of the united states to promote a drug trafficking offense, attempt to possess with intent to distribute 50 grams and more of methamphetamine, attempt to possess with intent to distribute 500 grams and more of cocaine, distribution of 400 grams and more of fentanyl and distribution of 50 grams and more of methamphetamine.
All 3 defendants will remain in custody pending sentencing, which has not been scheduled.
A federal grand jury indicted Venegas, Owen, and Gonzalez on July 19, 2023, along with their co-defendants and Jesus Alonso Cerezo-Espidio, Kassandra Lee Perales, Jared Michael Moore, Brian Kain Purdy and Sabino Alfonso Maldonado. According to court records, on March 5, 2023, Gonzalez provided cocaine to Moore. Then, on March 8, 2023, Gonzalez agreed to send multiple firearms and a black jeep to an individual in Mexico. Gonzalez arranged for Purdy and Maldonado to pick up the black Jeep in Carlsbad so that it could be loaded with firearms to be illegally exported to Mexico. Purdy and Maldonado then turned over the Jeep to a person who had traveled to Carlsbad from Mexico for the purpose of picking up the firearms and transporting them back to Mexico. As the individual from Mexico began to drive back to Mexico with the firearms, he was stopped by law enforcement officer, and the firearms were seized.
On April 2, 2023, an individual crossed the border from Mexico into the United States with an ice chest containing 1,974 net grams of cocaine and 501.4 net grams of pure methamphetamine. The following day, April 3, Venegas and Kassandra Perales traveled from Carlsbad to El Paso to pick up the ice chest and deliver it Kinny Gonzalez in Carlsbad. Unbeknownst to them, law enforcement officials had already seized the methamphetamine and cocaine from the vehicle overnight. After learning that the drugs were no longer in the car vehicle, Venegas and Perales had several conversations with Kinny Gonzalez in Carlsbad to whom they were supposed to deliver the ice chest regarding what could have happened to the drugs.
The following week, on April 10, 2023, Owen provided Venegas and Perales with 893.3 net grams of pure methamphetamine and 657 net grams of fentanyl pills which they planned to take to North Dakota to sell before returning to Carlsbad to pay Owen. On April 11, 2023, Venegas and Perales left Carlsbad and were driving toward North Dakota with the 893.3 net grams of pure methamphetamine, 657 net grams of fentanyl pills and a loaded firearm when we were stopped in Chaves County by law enforcement officers who seized the drugs and firearm.
At sentencing, Venegas, Owen, and Gonzalez each face between 10 years and life in prison followed by a term of supervised release.
To date, four of the other eight defendants have pleaded guilty to federal drug offenses. Kassandra Lee Perales, Jared Michael Moore, Brian Kain Purdy and Sabino Alfonso Maldonado all remain in custody pending sentencing, which has not been scheduled. Jesus Alonso Cerezo-Espidio is currently scheduled to stand trial on May 6, 2024.
U.S. Attorney Alexander M.M. Uballez and Towanda R. Thorne-James, Special Agent in Charge for the Drug Enforcement Administration El Paso Division, made the announcement today.
The Drug Enforcement Administration investigated this case with assistance from Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Pecos Valley Drug Task Force, with enforcement assistance from the United States Marshal Service, Carlsbad Police Department, Eddy County Sheriff’ Department, Roswell Police Department, Chaves County Drug Task Force, DEA Airwing and Customs and Border Patrol. The New Mexico Air National Guard’s Air Unit, Artesia Police Department and Customs and Border Patrol’s Air Unit provided support during the operation on August 1, 2023.
Assistant U.S. Attorneys Renee L. Camacho and Devon Aragon-Martinez are prosecuting the case.
This operation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations. The task force initiatives are also part of the New Mexico High Intensity Drug Trafficking Area program (HIDTA), a federal grant program that supports law enforcement efforts to combat the drug threat in the state.
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Shiprock Man Charged with Involuntary ManslaughterRead the Press Release
ALBUQUERQUE – A Shiprock man is facing federal charges for killing two people and seriously injuring a third in a head-on collision while driving under the influence of alcohol. Brian Gonnie, 44, an enrolled member of the Navajo Nation., is charged with two counts of involuntary manslaughter and one count of assault resulting in serious bodily injury.
The indictment alleges that on December 1, 2023, Gonnie operated a motor vehicle without due caution and with a wanton and reckless disregard for human life, resulting in the deaths of John Doe 1 and John Doe 2, and assault resulting in serious bodily injury of John Doe 3.
Gonnie appeared in federal court for an arraignment today and will remain on conditions of release pending trial. If convicted, Gonnie faces up to 10 years in prison.
U.S. Attorney Alexander M.M. Uballez, Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
This case is being investigated by the Farmington Resident Agency of the FBI Albuquerque Field Office with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations and the New Mexico State Police. Assistant United States Attorney Jesse Pecoraro is prosecuting the case.
View the IndictmentAn indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Albuquerque Man Pleads Guilty to Possession of Child PornRead the Press Release
ALBUQUERQUE – An Albuquerque man has pleaded guilty in federal court to possessing child pornography. In his plea agreement, William Dane Day, 59, admitted that he downloaded images and videos depicting minors engaging in sexually explicit conduct, including prepubescent minors.
The Court ordered that Day remain on condition of release pending sentencing, which has been scheduled for July 26, 2024. At sentencing, Day faces up to 60 months in prison for possession of child pornography involving a prepubescent minor or a minor who had not attained 12 years of age. Upon his release from prison, Day will be subject to not less than five years of supervised release and must register as a sex offender.
There is no parole in the federal system.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation, made the announcement today.
The FBI Albuquerque Field Office investigated this case with assistance from the Albuquerque Police Department. Assistant U.S. Attorneys Maria Elena Stiteler and Jesse Pecoraro are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and CEOS, 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 Justice.gov/PSC.
View the Plea Agreement# # #
Zuni Man Sentenced to Prison for Sexual Contact of a MinorRead the Press Release
ALBUQUERQUE – A federal judge handed down an eight-year prison sentence to a Zuni man after he pleaded guilty to abusive sexual contact in Indian Country. Upon his release from prison, Phillip Edward Lahi, Sr., 72, an enrolled member of the Pueblo of Zuni, will be subject to five years of supervised release with standard sex-offender-specific conditions, and must register as a sex offender. Lahi, Sr. must also pay a fine of $83,400.00 to offset the costs associated with his incarceration and supervised release.
There is no parole in the federal system.
According to publicly available court records, between November and December of 2021, Lahi, Sr. engaged in sexual contact with Jane Doe, a child relative under the age of 12.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. Assistant United States Attorney Brittany DuChaussee prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and CEOS, 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 Justice.gov/PSC.
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New York Man Convicted of Bank FraudRead the Press Release
ALBUQUERQUE – A New York man was convicted by a federal jury after 39 minutes of deliberation of a bank fraud charge related to the brutal assault of his father-in-law. Prosecutors allege the crime was driven by the defendant, Marc Candelaria, 36, of Wantagh, New York, accruing mounting gambling debts at the time.
According to court documents and evidence presented at trial, in the early hours of Sept. 14, 2021, an armed and masked intruder entered Candelaria’s father-in-law’s home and forced him to write a check for $23,000.00 and demanded he leave all other portions of the check blank. The intruder then severely beat the victim and left him in the closet of his home. Candelaria’s father-in-law did not see the intruder’s face and retained little memory of the incident due to the severity of his injuries.
On Sept. 15, 2021, Wells Fargo bank alerted the victim’s wife to a possibly fraudulent check. The bank advised that a hold had been placed on the check due to what appeared to be two separate handwritings. The next day, she viewed the check and observed that it had been made out to Candelaria. Candelaria claimed that his father-in-law had given him the check because they intended to invest in Bitcoin together. The victim’s wife doubted Candelaria’s story but wrote him another check for $23,000.00.
The victim’s wife later informed the victim that she had written Candelaria a check to replace the first one. The victim denied agreeing to invest in Bitcoin or writing a check to Candelaria but recalled that he had been forced to write a check for $23,000.00 against his will during the home invasion. The victim’s wife contacted the Santa Fe Police Department and provided copies of the two checks made out to Candelaria.
A deposit slip for the check the victim wrote during the home invasion was found in Candelaria’s car pursuant to a state search warrant. The deposit slip showed that the check was deposited at 8:58AM on the morning of the home invasion.
The Court ordered that Candelaria remain in detention pending sentencing, which has not been scheduled. At sentencing, Candelaria faces up to 30 years in prison followed by five years of supervised release.
There is no parole in the federal system.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The FBI Albuquerque Field Office investigated this case. Assistant U.S. Attorneys Samuel A. Hurtado and Natasha Moghadam are prosecuting the case.
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Former State Representative and Friend Charged for Fraud SchemeRead the Press Release
ALBUQUERQUE – A former State Representative and her longtime friend are facing federal charges for long-term scheme to defraud the U.S. government. Sheryl Williams Stapleton, 66, of Albuquerque, and Joseph Johnson, 72, of Chantilly, Virginia, are schedule to appear in federal court for an initial appearance on April 9, 2024.
The indictment alleges that from about July 1, 2013, through June 30, 2020, Stapleton used her position at Albuquerque Public Schools (APS) as Director of the Perkins Project and Career and Technical Education (CTE) Coordinator to direct approximately 40% of APS’s non-personnel CTE funding to Robotics Management Learning Systems (Robotics), a company owned and operated by her close personal friend, Johnson, for use of and support for the CyberQuest software in APS classrooms.
Stapleton reviewed and approved Robotics’ invoices and directed other APS employees under her supervision to approve those invoices. APS then issued checks to Robotics and mailed them to a post office box in Albuquerque. At Johnson’s request, Stapleton personally retrieved the checks from the post office box and deposited them into the Robotics bank account. In return, Johnson provided blank checks for the Robotics business checking account.
Stapleton used the blank checks to write approximately 233 checks from Robotics for her own benefit, totaling approximately $1,152,506.00, or 35% of the funds APS paid to Robotics. Specifically:
- Stapleton wrote about 60 checks totaling about $286,772.20 from Robotics to S. Williams & Associates, a company Stapleton owned and controlled.
- Stapleton wrote about 56 checks totaling about $313,123.48 from Robotics to Taste of the Caribbean, an Albuquerque restaurant that Stapleton owned, and her family members operated.
- Stapleton wrote about 104 checks totaling about $479,960.86 from Robotics to Ujima Foundation, a nonprofit entity that Stapleton and Johnson operated and controlled together.
- Stapleton wrote about 11 checks totaling about $72,649.16 from Robotics to other parties providing goods and services to Stapleton, including for a remodeling of Stapleton’s house.
On March 26, 2024, a federal grand jury returned an indictment charging Stapleton and Johnson with one count of conspiracy to defraud the United States, 13 counts of mail fraud, one count of conspiracy to commit money laundering and five counts each of bribery concerning programs receiving federal funds.
Stapleton is additionally charged with one count of fraud and false statements and nine counts of money laundering.
“New Mexicans deserve public systems that serve them and public servants who are honest, effective, and worthy of our trust,” said U.S. Attorney Uballez. “Fraud against the government is just a fancy way to say that someone is stealing your hard-earned tax dollars. Public corruption is a fancy way of saying that they abuse your trust to do so. When public officials steal from our pockets and from our children, we will restore your faith in our public systems through vigorous investigation and zealous prosecution.”
“Rooting out public corruption remains one of IRS Criminal Investigation’s highest priorities,” said Carissa Messick, Acting Special Agent in Charge, IRS Criminal Investigation, Phoenix Field Office. “Today’s indictment underscores our commitment to work in a collaborative effort with our federal partners, promoting honest and ethical governing at all levels, and prosecuting those who allegedly violated the public’s trust.”
“This former lawmaker and educator along with her friend are charged with cheating the most innocent of victims – Albuquerque school children -- as well as America’s taxpayers whose hard-earned dollars fund vital education programs,” said Adam Shanedling, Special Agent in Charge of the U.S. Department of Education Office of Inspector General’s Western Regional Office. “OIG Special Agents will continue to work with our law enforcement partners to aggressively pursue those who seek to enrich themselves at the expense of our nation’s students. America’s students, their families, and taxpayers deserve nothing less.”
“Violations of public trust by public officials, a position of trusted authority, is a true cancer to society. Our citizens have the right to expect that public officials conduct themselves in a fair, honest, and impartial manner. Standing in defiance of public corruption is a fundamental priority for the FBI," said FBI-Albuquerque Special Agent in Charge Raul Bujanda. "There is no level of acceptable corruption. We ask anyone with information regarding such matters to contact their nearest FBI field office or resident agency so that we can bring them to justice.”
If convicted, Stapleton and Johnson both face 20 years in prison followed by three years of supervised release.
U.S. Attorney Alexander M.M. Uballez, Carissa Messick, Acting Special Agent in Charge of IRS Criminal Investigation Phoenix Field Office, Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, and the U.S. Department of Education made the announcement today.
The IRS Criminal Investigation Phoenix Field Office investigated this case with assistance from the FBI Albuquerque Field Office and U.S. Department of Education - Office of Inspector General. Assistant U.S. Attorney Jeremy Peña is prosecuting the case.
View the IndictmentAn indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Farmington Man Charged with Sexual AbuseRead the Press Release
ALBUQUERQUE – A Farmington man faces federal charges for engaging in sexual acts with a child under the age of 16. Daniel Washburn, 29, and an enrolled member of the Navajo Nation, appeared in federal court for an initial appearance where the Court temporarily detained him pending a detention hearing, which is scheduled for April 1, 2024.
The indictment alleges that in February 2019, Washburn engaged in a sexual act with a victim who had not attained the age of 16 and was at least four years younger than Washburn.
Washburn is charged with sexual abuse of a minor. If convicted, Washburn faces up to 15 years in prison.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced the charges today.
The Farmington Resident Agency of the Federal Bureau of Investigation’s Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations. Assistant United States Attorney Mia Ulibarri-Rubin is prosecuting the case.
View the IndictmentAn indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Belen Man Pleads Guilty to Robbing Six BusinessesRead the Press Release
ALBUQUERQUE – A previously convicted felon pleaded guilty in federal court to committing armed robberies of six Albuquerque businesses over a span of six days in 2023. At the time of the offenses, the defendant was wanted for a violation of the terms of his federal supervised release.
Brandon Sanchez, 30, of Belen, pleaded guilty to six counts of interference with commerce by threats and violence by robbing six Albuquerque businesses:
- Jan. 4, 2023: Little Caesars at Montgomery and San Pedro.
- Jan. 4, 2023: Subway at San Mateo and McLeod.
- Jan 8, 2023: Little Caesars at Montano and Fourth Street.
- Jan 9, 2023: Starbucks at San Mateo and Pan American.
- Jan. 9, 2023: Big 5 Sporting Goods at Wyoming and Paseo.
- Jan 9, 2023: Domino’s at Holly and San Pedro.
At the time, Sanchez was on federal supervised release for a 2022 conviction for being a felon in possession of a firearm and ammunition, for which he served 27 months in prison.
The Court ordered that Sanchez remain in detention pending sentencing, which has not been scheduled. At sentencing, Sanchez faces up to 20 years in prison as to each count, followed by three years of supervised release.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation, made the announcement today. The FBI Albuquerque Field Office investigated this case with assistance from the United States Marshals Service and Albuquerque Police Department. The United States Attorney’s Office for the District of New Mexico is prosecuting the case.
View the Plea Agreement# # #
Arizona Man Charged with Aggravated Sexual AbuseRead the Press Release
ALBUQUERQUE – An Arizona man faces federal charges for engaging in sexual acts with a child under the age of 12 over a seven-year period. Cedric Martinez, 30, of Round Rock, Arizona, and an enrolled member of the Navajo Nation, appeared in federal court for an initial appearance where the Court temporarily detained him pending a detention hearing, which is scheduled for March 27, 2024.
The indictment alleges that between May 2009 and May 2012, Martinez engaged in sexual acts with a child who had not yet reached the age of 12 years. It further alleges that between May 2012 and May 2016, Martinez engaged in sexual acts with a child who had attained the age of 12 years, but had not attained the age of 16, by using force, threats, and instilling fear.
Martinez is charged with five counts of aggravated sexual abuse. If convicted, Martinez faces a minimum sentence of 30 years up to life in prison.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, announced the charges today.
The Farmington Resident Agency of the Federal Bureau of Investigation’s Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations. Assistant United States Attorneys Brittany DuChaussee and Meg Tomlinson are prosecuting the case.
View the IndictmentAn indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Albuquerque Man Convicted of Federal Firearms OffenseRead the Press Release
ALBUQUERQUE – An Albuquerque man was convicted by a federal jury, after less than 40 minutes of deliberation, of a federal firearms offense after he shot his wife at her workplace.
According to court documents and evidence presented at trial, on Oct. 21, 2022, Maurice Lacey, 65, of Albuquerque, entered the employee breakroom at the Walmart Neighborhood Market located a 4700 Cutler Ave NE in Albuquerque and shot his wife in the back of the head. Lacey then walked to the customer service desk near the front of the store, tossed a black handgun on the counter, and said “I just shot my wife.”
Lacey had been previously convicted of seven felony offenses, including aggravated battery with a deadly weapon and trafficking controlled substances. The evidence presented at trial proved Lacey knew that he was a convicted felon and therefore he could not legally possess a firearm and ammunition.
The Court ordered that Lacey remain in detention pending sentencing, which has not been scheduled. At sentencing, Lacey faces up to 15 years in prison followed by 3 years of supervised release.
There is no parole in the federal system.
U.S. Attorney Alexander M.M. Uballez and Brendan Iber, Special Agent in Charge of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, made the announcement today.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Albuquerque Police Department and the Federal Bureau of Investigation. Assistant U.S. Attorneys Timothy Trembley and Patrick E. Cordova are prosecuting the case.
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Thoreau Woman Pleads Guilty to Second-Degree MurderRead the Press Release
ALBUQUERQUE – Second defendant pleads guilty to the brutal 2020 murder of a Gamerco, New Mexico woman. Stacey Yellowhorse, 53, of Thoreau, New Mexico pleaded guilty in federal court on Thursday to second degree murder.
Yellowhorse’s co-defendant, Timothy Chischilly, pleaded guilty in federal court to second-degree murder on Feb. 6, 2024.
According to court documents, on Jan. 23, 2020, Yellowhorse and her then boyfriend, Chischilly, invited Jane Doe over to their house in Mexican Springs, New Mexico. During the night, Yellowhorse and Chischilly restrained Jane Doe and bludgeoned her to death. Afterwards, Yellowhorse and Chischilly burned Jane Doe’s remains.
The Court ordered that Yellowhorse remain in detention pending sentencing, which has not been scheduled. At sentencing, Yellowhorse faces up to life in prison followed by five years of supervised release.
Per the terms of her plea agreement, Yellowhorse faces 10 to 20 years at sentencing.
There is no parole in the federal system.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation, made the announcement today.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department and the Gallup Police Department. Assistant U.S. Attorneys Kimberly Brawley and Tavo Hall are prosecuting the case.
View the Plea Agreement# # #
Albuquerque Man Sentenced for Maintaining a Drug-Involved Premises at MotelRead the Press Release
ALBUQUERQUE – A federal judge sentenced an Albuquerque man to 57 months in federal prison for maintaining a drug-involved premises in southeast Albuquerque. As the manager of the Best Choice Inn, Kamal Bhula, 44, of Albuquerque, profited from in a kickback scheme that required drug traffickers and users to pay a “visitor fee” if they wanted to use the motel as a sanctuary for illegal activity.
There is no parole in the federal system.
According to court records, Bhula acted as the on-site manager for the Best Choice Inn between March 2018 and June 2019 when law enforcement shut it down. As the manager, Bhula employed workers and rented rooms to individuals who he knew were using and selling controlled substances at the hotel. The Best Choice Inn was described as a “one-stop shop” in Southeast Albuquerque for criminal activity of all sorts. Consequently, between January 2018, and December 2018, there were approximately 195 calls for service to the Best Choice Inn.
Bhula pled guilty to maintaining a drug-involved premises on July 13, 2023.
Bhula’s co-defendants, Pragneshkumar Patel and Johnathan Craft, pled guilty for their parts in the scheme and were sentenced to 30 and 70 months in prison, respectively. Additionally, Patel was ordered to pay fines in the amount of $40,000 and $9,000 in restitution and ordered to forfeit the Best Choice Inn.
Bhula faces likely deportation to South Africa as a consequence of this conviction.
U.S. Attorney Alexander M.M. Uballez and Towanda R. Thorne-James, Special Agent in Charge for the Drug Enforcement Administration El Paso Division, made the announcement today.
The Drug Enforcement Administration investigated this case with assistance from the New Mexico Attorney General’s Office, the Albuquerque Police Department, the Federal Bureau of Investigation, the U.S. Marshals Service, the Bernalillo County Sheriff’s Office, New Mexico State Police and Homeland Security Investigations. Assistant United States Attorneys Letitia Carroll Simms and Jack E. Burkhead prosecuted the case.
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Additional Federal Charges Filed Against Solomon PeñaRead the Press Release
ALBUQUERQUE – A federal grand jury returned a superseding indictment yesterday bringing new charges against Solomon Peña for being a felon in possession of a firearm and ammunition and three counts of solicitation to commit a crime of violence. The original charges arise from shootings at the homes of four elected officials between Dec. 4, 2022, and Jan. 3, 2023.
The superseding indictment alleges that Peña solicited others to kill or attempt to kill a witness with the intent to prevent that witness’s attendance and testimony in an official proceeding. Additionally, Peña is charged with being a felon in possession of a firearm and ammunition.
Peña allegedly organized the shootings at the homes of two Bernalillo County commissioners and two New Mexico state legislators after his November 2022 electoral defeat. The shootings, one of which involved a machine gun, were carried out with assistance from co-defendants Demetrio Trujillo and his son, Jose Trujillo.
On Jan. 8, 2024, Jose Louise Trujillo pled guilty to conspiracy, interference with federally protected activities, using and carrying a firearm during and in relation to a crime of violence, discharging said firearm, and possession with intent to distribute fentanyl. Jose was detained pending sentencing, which is currently scheduled for May 22, 2024.
On Feb. 2, 2024, Demetrio Trujillo pled guilty to conspiracy, two counts of interference with federally protected activities, using and carrying a firearm during and in relation to a crime of violence, and discharging said firearm. Demetrio was detained pending sentencing, which is currently scheduled for Aug. 6, 2024.
If convicted of the new charges, Peña faces up to life in prison.
U.S. Attorney Alexander M.M. Uballez, Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The FBI and the Albuquerque Police Department investigated the case with assistance from the Bernalillo County Sheriff’s Office. Assistant U.S. Attorneys Jeremy Peña and Patrick E. Cordova for the District of New Mexico and Trial Attorney Ryan Crosswell of the Criminal Division’s Public Integrity Section are prosecuting the case.
View the Superseding IndictmentAn indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Mescalero Man Sentenced for 2022 AssaultRead the Press Release
ALBUQUERQUE – A federal judge has handed down a 9-year prison sentence to a Mescalero man after he pleaded guilty to assault resulting in serious bodily injury in a case stemming from a brutal attack on the Mescalero Apache reservation in 2022. Upon his release from prison, Dennett Jerome Chee, 37, a member of the Mescalero Apache Tribe, will be subject to three years of supervised release.
There is no parole in the federal system.
According to publicly available court records, on May 20, 2022, John Doe was at a friend’s house on the Mescalero Apache reservation. Chee and another man arrived at the house later, and upon entering, they attacked John Doe, repeatedly striking him in the face and back. At some point during the assault, John Doe lost consciousness, and the attack ceased.
Upon regaining consciousness, John Doe walked back home, where his mother then called the police. He was taken via ambulance to the Lincoln County Medical Center and later transferred to the University Medical Center in El Paso, Texas, due to significant injuries. Doe remained hospitalized for nearly a week, recovering from injuries that included a bilateral orbital wall fracture, hemorrhaging in the left maxillary sinus and left ethmoid air cells, and a compression fracture of the T12 vertebrae.
Following the assault, police encountered Chee and the other man walking together along the road away from the residence. Chee was carrying a wooden object resembling a baseball bat. Upon making contact, the officer chased Chee, eventually apprehending him and taking him into custody.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The FBI Albuquerque Field Office and the Bureau of Indian Affairs investigated this case. Assistant United States Attorney Eliot Neal is prosecuted the case.
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Woman Facing Federal Charges for Murdering Her Two Young SonsRead the Press Release
ALBUQUERQUE – A woman is facing federal charges for murdering her two young children on the Isleta Pueblo. Mariah Zuni, 32, of Isleta Village, appeared in federal court for an initial appearance today and will remain in temporary custody pending a detention hearing, which is scheduled for March 27, 2024.
The criminal complaint alleges that on March 21, 2024, Zuni used a bread knife to slit the throats of her 5-year-old son and 9-month-old son in their residence located on the Isleta Pueblo.
If convicted of the current charges, Zuni faces life in prison.
U.S. Attorney Alexander M.M. Uballez, Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
This case is being investigated by the FBI Albuquerque Field Office with assistance from the Isleta Police Department. Assistant United States Attorney Caitlin L. Dillon is prosecuting the case.
A criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Albuquerque Man Sentenced for Tax EvasionRead the Press Release
ALBUQUERQUE – A federal judge sentenced an Albuquerque man to two years in federal prison for tax evasion. Arturo Archuleta, 50, of Albuquerque, paid approximately $140,000 in in outstanding tax obligations to the IRS prior to his sentencing hearing on March 22, 2024.
At the hearing, Archuleta was also ordered to pay approximately $90,000 in restitution to Medicaid for expenses covered by Medicaid during the period in which he was evading income tax. The judge also imposed a fine of $75,000 to offset the cost to the government of incarcerating and supervising Archuleta as a result of his criminal conviction.
Finally, the judge ordered Archuleta to perform 100 hours of community service after he is released from prison and to enroll in the New Mexico Gaming Control Board’s “self-exclusion” program, which will prohibit Archuleta from entering any gambling establishment in the state.
There is no parole in the federal system.
According to court records, between 2014 and 2018, Archuleta worked as the office manager for ABQ Injury Clinic, a chiropractic medicine practice in Albuquerque. During that time, Archuleta failed to report more than $200,000.00 in income to the IRS. In addition to his legitimate income, Archuleta diverted over $500,000.00 in payments made to ABQ Injury Clinic to a nominee bank account he controlled and did not report the additional income to the IRS.
On May 16, 2023, Archuleta pled guilty to tax evasion.
U.S. Attorney Alexander M.M. Uballez and Carissa Messick, Acting Special Agent in Charge of IRS Criminal Investigation Phoenix Field Office, made the announcement today.
IRS Criminal Investigation investigated this case with assistance from the FBI Albuquerque Field Office. Assistant United States Attorney Taylor F. Hartstein prosecuted the case.
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South Carolina Man Facing Federal Charges for Murder of NMSP OfficerRead the Press Release
ALBUQUERQUE – Jaremy Smith has been charged by federal prosecutors for the murder of New Mexico State Police Officer Justin Hare. Smith, 33, of South Carolina, made his initial appearance today in federal court, where a detention hearing was scheduled for March 26, 2024.
Charges were announced at a press conference today. U.S. Attorney Uballez and Attorney General Torrez were joined by New Mexico Department of Safety Cabinet Secretary Jason R. Bowie, New Mexico State Police Deputy Chief Carolyn Huynh and Deputy Chief Matt Broom, Bernalillo County Undersheriff Johan Jareno and 2nd Judicial District Attorney Sam Bregman.
“We are one community, and the loss of one is a loss to us all,” said U.S. Attorney Uballez. “Never forget that this tragedy was bookended by hope—by strangers doing the right thing for people they’ve never met. Thank you to New Mexico State Police, Quay County Sherriff’s Office, the Bernalillo County Sheriff’s Office, and all our local partners for their tireless work this week. Your partners in federal law enforcement stand with you today and always.”
"We stand side-by-side with our federal and law enforcement partners to bring the fullest measure of justice to Officer Hare and his family,” said AG Torrez. “We will commit every resource available to this prosecution and hold Mr. Jaremy Smith accountable for his reprehensible actions."
The federal criminal complaint charges Smith with carjacking resulting in death and discharge of a firearm during and in relation to a crime of violence. If convicted of the current charges, Smith faces a mandatory minimum of 10 years in federal prison for the firearms offense. The more-serious charge of carjacking resulting in death carries a maximum penalty of life imprisonment or death.
There is no parole in the federal system.
According to court documents, in the early morning of March 15, 2024, New Mexico State Police Officer Justin Hare stopped to assist a disabled motorist. The motorist (later identified as Smith) exited the driver’s side of the car and approached the passenger window of Hare’s patrol car. Hare did not exit the patrol vehicle as he talked to Smith. After a short discussion, Hare asked Smith to walk to the front of the patrol vehicle. Instead, Smith shot Hare, who slumped to the right in the driver’s seat.
Smith then moved to the driver’s side of the patrol vehicle and shot Hare two additional times. SMITH then drove away with Hare still inside the vehicle. At some point, the vehicles distress system was activated and in response backup units were activated. Responding officers subsequently located Hare’s patrol vehicle near mile marker 304 on the north frontage road of I-40. Hare was found nearby with multiple gunshot wounds to the head and neck. He was transported to a local hospital where he succumbed to his injuries.
Local and federal enforcement immediately launched a large, coordinated effort across multiple jurisdictions to locate Smith, and his name and photograph were widely disseminated by media news outlets.
On March 17, 2024, Smith went to a gas station in Albuquerque. The clerk checked Smith’s identification card and recognized the distinct spelling of his name. The clerk contacted law enforcement, and Bernalillo County Sheriff’s Office (BCSO) deputies and NMSP officers responded to the area to investigate.
Officers located Smith, and he attempted to flee on foot. BCSO deputies pursued Smith, who reached for his waistband as officers closed in. At that point, BCSO officers fired their duty weapons, striking Smith, who was subsequently taken into custody and rendered medical aid.
Officers later determined that Smith had stolen a white flat-bed truck from the area of Cuervo, New Mexico.
“I am grateful for all the assistance and support my agency has received from our local and federal law enforcement partners in bringing the man accused of killing Officer Justin Hare to justice”, said Troy Weisler, Chief of the New Mexico State Police. “With the help of the Albuquerque office of the FBI, the U.S. Attorney’s Office, and the Attorney General, we will work together to see this case through. Our hearts continue to go out to the family and friends of Officer Hare, and we hope that the capture and prosecution of Smith will bring them closer to peace and closure.”
The FBI Albuquerque Field Office and New Mexico State Police investigated this case with assistance from the Tenth Judicial District Attorney’s Office and the Bernalillo County Sheriff’s Office. Assistant U.S. States Attorneys Paul Mysliwiec and Jack Burkhead are prosecuting the case.
View the Criminal ComplaintA criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Navajo Nation Man Sentenced to Prison for Second-Degree MurderRead the Press Release
ALBUQUERQUE – A federal judge sentenced a man to federal prison for the December 2020 murder of his friend. Isaiah Augustine Bob, 39, an enrolled member of the Navajo Nation, was sentenced to 15 years in prison followed by five years of supervised release. Bob was also ordered to pay restitution to his victim’s family for funeral expenses, as well as for expenses his victim’s family incurred cleaning up the blood and damage to the victim’s home that resulted from his killing.
There is no parole in the federal system.
According to court documents, John Doe invited Bob, a lifelong family friend who was temporarily homeless, to reside with Doe in June 2020 at Doe’s residence in Church Rock, New Mexico. On December 4, 2020, Bob beat Doe to death following an argument at Doe’s home. Doe’s causes of death were determined to be blunt-force trauma to his head, torso, and extremities.
On March 10, 2023, Bob pled guilty to second-degree murder in Indian Country.
At sentencing, the federal judge found John Doe was a “vulnerable victim,” which means Doe was particularly susceptible to Bob’s criminal conduct and thus was in need of greater societal protection than the average citizen. This finding resulted in an upward adjustment to Bob’s sentencing-guideline level.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The case was investigated by Gallup Resident Agency of the FBI’s Albuquerque Field Office with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations. Assistant United States Attorneys Alexander F. Flores and Zachary Jones prosecuted the case.
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Mexican National Sentenced for Drug TraffickingRead the Press Release
ALBUQUERQUE – A federal judge sentenced a Mexican national to five years in federal prison for trafficking marijuana into the United States. Carlos Arturo Quintana, 41, of Namiquipa, Chihuahua, Mexico, was identified as the Police Chief of Namiquipa, as well as the Namiquipa Plaza Boss for the Juarez Cartel, and extradited to the United States in August of 2022.
According to court records, in March 2011, a confidential informant (CI) ordered 600 kilograms of marijuana from Elmy Hermosillo Trujillo, a key figure in the Juarez Cartel, known for trafficking large quantities of drugs into the United States annually. The Juarez Cartel, one of Mexico's oldest and most influential criminal groups, had diversified into various illicit activities beyond drug trafficking, including human trafficking, arms trading, kidnapping, extortion, and large-scale fuel theft from the government.
On March 19, 2011, the CI met with Quintana, who arrived wearing a police uniform, driving a marked police vehicle, and was accompanied by other uniformed officers. Quintana and the other officers delivered the 600 kilograms of marijuana in a dump truck. The CI then placed a GPS tracking device with the marijuana.
By March 26, 2011, the tracker revealed the marijuana's location at a storage facility in Ciudad Juarez, Mexico, prompting a law enforcement raid resulting in arrests, a fatality, and the confiscation of drugs, firearms, and communication devices.
On January 18, 2024, Quintana pled guilty to conspiracy to distribute 100 kilograms and more of a mixture and substance containing a detectable amount of marijuana, intending and knowing that said controlled substance would be unlawfully imported into the United States. Today, Quintana was sentenced to a term of 60 months in prison followed by four years of supervised release and ordered to pay a $10,000 fine.
There is no parole in the federal system.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The FBI Albuquerque Field Office investigated this case with assistance from the Drug Enforcement Administration and the Las Cruces-Doña Ana County Metro Narcotics Agency. The Justice Department’s Office of International Affairs provided significant assistance in securing the arrest and extradition of Quintana from Mexico. Assistant United States Attorneys Maria Y. Armijo and Randy M. Castellano are prosecuting the case.
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Hobbs Man Sentenced for Cyberstalking and Federal Firearms OffensesRead the Press Release
Albuquerque – A federal judge sentenced a Hobbs man to federal prison for cyberstalking Jane Doe and being a felon in possession of a firearm and ammunition which he used to shoot and murder her in 2022. Guadalupe Antonio Navarrete, 37, of Hobbs, New Mexico, was sentenced to 25 years in prison followed by 6 years of supervised release.
There is no parole in the federal system.
According to court documents, on Nov. 18, 2022, deputies from the Lea County Sheriff’s Department were dispatched to Navarrete’s residence in Hobbs following a report of an unwanted subject on the premises. Upon arrival, they discovered Jane Doe deceased from a gunshot wound to the temple in the driver’s seat of her vehicle.
In the days and weeks preceding her death, Navarrete had sent multiple threatening text messages and voicemails to Jane Doe, including a threat to shoot her mere hours before she was killed and a threating voicemail only minutes before shooting her.
Investigators determined that Navarrete was sitting in the rear passenger seat of Jane Doe’s vehicle when he fired a gun through front passenger headrest, striking her through the temple while she was seated in the driver’s seat and leaning over the front passenger area.
On March 10, 2023, Navarrete pled guilty to cyberstalking resulting in life threatening bodily injury and being a felon in possession of a firearm and ammunition.
U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.
The case was investigated by the FBI’s Albuquerque Field Office with assistance from the Lea County Sheriff’s Department. Assistant United States Attorneys Joni Autrey Stahl and Mark A. Saltman prosecuted the case.
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Bosque Farms Man Charged with AssaultRead the Press Release
Albuquerque – A federal grand jury has returned an indictment charging a Bosque Farms man with assault resulting in serious bodily injury.
According to the indictment, on Sept. 22, 2023, Richard Jaramillo, 42, of Bosque Farms and an enrolled member of Pueblo of Isleta, assaulted John Doe and the assault resulted in serious bodily injury.
Yesterday, Jaramillo appeared in federal court for an initial appearance where the Court temporarily detained Jaramillo pending a detention hearing, which is scheduled for March 20, 2024. If convicted, Jaramillo faces a maximum of 10 years in federal prison. There is no parole in the federal system.
The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
U.S. Attorney Alexander M.M. Uballez made the announcement today. The Isleta Police Department investigated, and Assistant United States Attorney Nicholas J. Marshall is prosecuting this case.
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Alamogordo Man Sentenced to 60 Years in Prison for Enticement of MinorsRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Eric McLoughlin, Acting Special Agent in Charge of Homeland Security Investigations - El Paso, announced today that Alfonso Salcido Herrera, Jr. was sentenced to 60 years in prison. Herrera, 46, of Alamogordo, pleaded guilty in federal court to enticement of a minor on March 30, 2023.
According to publicly available court records, beginning in 2019 until May 2022, Herrera groomed and repeatedly sexually abused four children who were between nine and 13 years old at the time.
Upon his release from prison, Herrera will be subject to 5 years of supervised release and must register as a sex offender.
Homeland Security Investigations investigated this case with assistance from the Alamogordo Police Department and the 12th Judicial District Attorney’s Office. Assistant United States Attorneys Matilda McCarthy Villalobos and Joni Autrey Stahl are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and CEOS, 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 Justice.gov/PSC.
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Previously Convicted Man Pleads Guilty to Escaping from CustodyRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that William Valencia pleaded guilty in federal court to escape from custody. Valencia, 33, of Paguete, New Mexico, will remain in custody pending sentencing, which has not yet been scheduled.
Valencia was convicted in January 2020 for assault of an intimate partner by strangling and suffocating and sentenced to 75 months in prison to be followed by three years of supervised release. Valencia was placed at the Dismas Charities Diersen Residential Reentry Center in Albuquerque to serve the last 6 months of his custodial sentence. On July 27, 2023, Valencia left the facility without permission and failed to return. On Oct. 6, 2023, Valencia was arrested by the Albuquerque Police Department for possession of a controlled substance and was taken into federal custody on Oct. 10, 2023.
At sentencing, Valencia faces up to five years in prison.
The United States Marshals Service investigated this case. Assistant United States Attorney Jesse Pecoraro prosecuted the case.
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Nevada Man Sentenced to 27 Months in Prison and Ordered to Pay over $1.1 Million in Restitution for Tax FraudRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Carissa Messick, Acting Special Agent in Charge, IRS Criminal Investigation Phoenix Field Office, announced today that Victor Kearney was sentenced to 27 months in prison and ordered to pay $1,188,645.00 in restitution. A federal jury convicted Kearney, 59, of Zephyr Cove, Nevada, for filing false tax returns on March 10, 2023.
A federal grand jury indicted Kearney and his co-defendant Robert Fiser, 63, of Albuquerque, on August 29, 2019. According to the evidence at trial and other publicly available court records, from 1997 to 2013, Kearney received about $16 million in trust income as lifetime beneficiary of two testamentary trusts established after the death of his first wife, Mary Pat Abruzzo-Kearney. These trusts were shareholders in Alvarado Realty Company (“ARCO”).
At first, Kearney properly reported his trust income on tax returns prepared by a certified public accountant. Then ARCO restructured into a C corporation with subchapter S status. This meant corporate income, losses, deductions, and credits now passed to shareholders for tax purposes. Since the taxes Kearney owed to the government were no longer withheld by ARCO or the trusts, Kearney did not pay them. Instead, Kearney conspired with Fiser, an attorney specializing in tax law and the preparation of federal income tax returns, to submit knowingly false tax returns from 2007 through 2011 showing little or no trust income. As a result, Kearney owes the IRS $1,188,645.00.
Kearney came to the attention of the IRS in 2013 when he filed a lawsuit against his former brothers-in-laws, Benjamin and Louis Abruzzo. Kearney claimed that the Abruzzos mismanaged Mary Pat Abruzzo-Kearney’s trusts to Kearney’s financial disadvantage. During the litigation, District Judge Alan M. Malott heard evidence that prompted him to refer Kearney’s case to the IRS for further investigation. The state case was resolved in favor of the Abruzzos.
Upon his release from prison, Kearney will be subject to three years of supervised release.
Fiser pleaded guilty on July 11, 2022, to one count each of conspiracy and aiding and assisting in preparation of a false and fraudulent return.
IRS Criminal Investigation investigated this case with the assistance of the Office of the U.S. Trustee also assisted. Assistant United States Attorneys Sean J. Sullivan and Kimberly A. Brawley prosecuted the case.
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Joint Operation Targets Las Cruces Based Drug Trafficking OrganizationRead the Press Release
ALBUQUERQUE, N.M. – Today, Alexander M.M. Uballez, United States Attorney for the District of New Mexico, Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, and Chief Jeremy Story, Las Cruces Police Department, announced the results of a coordinated enforcement operation in Las Cruces.
According to the search warrant affidavit, the FBI and the Las Cruces/Dona Ana County Metro Narcotics Agency were investigating the distribution of methamphetamine out of the Desert Lodge Motel on West Picacho Avenue in Las Cruces. In February and March of 2024, agents orchestrated controlled buys at the motel.
On March 12th, agents executed the search warrant and seized fentanyl, methamphetamine and a firearm from the motel.
The federal search was conducted in conjunction with five other New Mexico state search warrants executed by the Las Cruces Police Department. As a result of the operation, six individuals were arrested on state charges.
“We stand with our local partners to confront drug trafficking at every level,” said U.S. Attorney Uballez. “Through strong partnerships and close collaboration, we will bring justice and peace to our streets.”
"Collaborative law enforcement efforts will continue to identify and disrupt drug trafficking organizations bringing violence to our streets," said FBI Special Agent in Charge Raul Bujanda. “Investigations like this prove the essential value of strong law enforcement partnerships and working together to meet a common goal.”
“This operation is a visible reminder of the amazing work that is being done between local, state, and federal agencies every day to address the violence and crime in our communities,” said LCPD Chief Jeremy Story. “These efforts make a difference in our city, and we will continue to work together to make Las Cruces and New Mexico safer.”
The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case in collaboration with the Las Cruces Police Department. Assistant U.S. Attorney Maria Armijo is assisting with the investigation.
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Zuni Man Pleads Guilty to Sexual Abuse Against Children in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Rodney Waikaniwa pled guilty in federal court to 2 counts of abusive sexual contact. Waikaniwa, 51, of Zuni, and an enrolled member of the Zuni Pueblo, will remain in custody pending sentencing, which has not been scheduled.
A federal grand jury indicted Waikaniwa on May 24, 2023. According to publicly available court records, between September 2l, 2000, and September 20, 2001, Waikaniwa intentionally touched his first victim, Jane Doe 1 with the intent of gratifying his own sexual desire. At the time, Jane Doe 1 was only about eight years old. Between January 1, 2013, and December 31, 2015, Waikaniwa intentionally touched a second victim, Jane Doe 2, with the same sexual intent. At the time, Jane Doe 2 was approximately 6 years old.
Under the terms of the agreement, at sentencing, Waikaniwa faces a minimum of ten years in prison up to a maximum of fifteen years. This term of incarceration will be followed by a term of supervised release of not less than 5 years and up to life. He will be required to register as a sex offender.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Zuni Police Department. Assistant United States Attorney Mark A. Probasco is prosecuting the case.
View the Plea AgreementIf you have reason to believe you or your child may be a victim, please call the FBI at (505) 889-1300 or submit their tips online at tips.fbi.gov.
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Shiprock Man Charged with Second Degree MurderRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Morrie Lee Begaye appeared in federal court on an indictment charging him with second degree murder. Begaye, 36, of Shiprock, and an enrolled member of the Navajo Nation, will remain in custody pending trial which has not been scheduled.
According to the indictment, on June 26, 2022, Begaye unlawfully killed John Doe with malice aforethought
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted of the current charge, Begaye faces up to life imprisonment.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations. Assistant U.S. Attorney Brittany DuChaussee is prosecuting the case.
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Rio Rancho Man Pleads Guilty to Federal Firearms OffensesRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Eric McLoughlin, Acting Special Agent in Charge of Homeland Security Investigations - El Paso, announced today that Peter Ryan Lynch pleaded guilty in federal court to one count each of possession of a firearm not registered with the national firearms registration and transfer records and illegal receipt of an imported firearm. Lynch, 46, of Rio Rancho, will remain in custody pending sentencing, which has not been set.
A federal grand jury indicted Lynch on May 18, 2023. According to publicly available court documents, on April 20, 2023, during the execution of a search warrant at Lynch’s residence in Rio Rancho, law enforcement officers located two silencers. In his plea agreement, Lynch admitted that he had ordered them online and that he did not have the proper legal authorization to possess them as he did not have permission from the Attorney General of the United States to import them and they were not registered to Lynch in the National Firearms Registration and Transfer Record.
At sentencing Lynch faces up to 10 years in prison.
Homeland Security Investigations investigated this case with assistance from the U.S. Postal Inspection Service, Bureau of Alcohol, Tobacco, Firearms and Explosives and New Mexico State Police. Assistant United States Attorney Jon K. Stanford is prosecuting the case.
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Mescalero Woman Pleads Guilty to Domestic AbuseRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Prestina Lee Kazhe pleaded guilty in federal court to assault of an intimate partner resulting in substantial bodily injury. Kazhe, 44, of Mecalero, and an enrolled member of the Mescalero Apache Tribe, will remain in custody pending sentencing which has not been scheduled.
According to publicly available court records, on Sept. 24, 2023, Kazhe assaulted John Doe by repeatedly hitting him over the head with a Bud Light bottle and a metal pot and bit him on the arm. Following the assault, John Doe was transported to a nearby medical center where he was treated for three large lacerations which required multiple staples to close the wounds.
At sentencing, Kazhe faces up to 5 years in prison followed by 3 years of supervised release.
The Bureau of Indian Affairs investigated this case. Assistant United States Attorney Joni Autrey Stahl is prosecuting the case.
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- Arizona Man Pleads Guilty to Abusive Sexual Contact of Child in Indian Country
Crownpoint Woman Sentenced to 30 months in Prison for Involuntary ManslaughterRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Ryntana Yazzie was sentenced to 30 months in prison. Yazzie, 34, of Crownpoint, and an enrolled member of the Navajo Nation, pled guilty to involuntary manslaughter on Nov. 2, 2023.
According to publicly available court documents, on August 4, 2020, Yazzie had been drinking alcohol and was driving south on Highway 371 outside Farmington when her vehicle veered into oncoming traffic and struck a semi-truck driven by John Doe, who was driving northbound. Yazzie crossed the center line into John Doe’s truck and did not brake prior to the crash. John Doe attempted to veer to the right to avoid Yazzie. The impact occurred head on, slightly off center.
John Doe died at the scene of the crash. OMI determined John Doe suffered from blunt force trauma to the head and neck. He suffered hemorrhage in the neck and head which would have been nearly immediately fatal.
Yazzie suffered a broken left arm and a broken leg from the crash and was transported to San Juan Regional Medical Center before she was flown to the University of New Mexico Hospital in Albuquerque.
Upon her release from prison, Yazzie will be subject to 3 years of supervised release.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Investigation and Department of Criminal Investigations and the New Mexico State Police. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.
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Utah Man Sentenced to 23 Years in Prison for Sexual AbuseRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Pedro Lee Benally was sentenced to 23 years in prison. Benally, 23, of Moab, Utah, and an enrolled member of the Navajo Nation, pled guilty to two counts of abusive sexual contact on Nov. 2, 2023.
According to publicly available court documents, between April 1, 2022, and November 29, 2022, Benally engaged in sexual contact with Jane Doe, a child who had not attained the age of 12 years, on multiple occasions. The incidents occurred at Jane Doe’s grandmother’s house in Shiprock and Benally told Jane Doe not to tell anyone about his abusive conduct.
Upon his release from prison, Benally will be subject to 10 years of supervised release and must register as a sex offender upon his release.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Investigation and Department of Criminal Investigations. Assistant United States Attorney Caitlin L. Dillon is prosecuting the case.
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Taos Compound Defendants SentencedRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Jany Leveille, Siraj Ibn Wahhaj, his sisters Hujrah Wahhaj and Subhanah Wahhaj, and Subhanah’s husband, Lucas Morton, appeared before a federal judge for sentencing. Siraj, Hujrah and Subhanah Wahhaj, and Lucas Morton were sentenced to life in prison without the possibility of parole. Per the terms of her plea agreement, Leveille was sentenced to 15 years in prison. Upon her release from prison, Leveille will enter removal proceedings.
On Oct. 17, 2023, after a three-week trial, a federal jury convicted Siraj Wahhaj and Lucas Morton of conspiracy to provide material support to terrorists, providing material support to terrorists and conspiracy to murder an officer or employee of the United States. Hujrah Wahhaj, Subhanah Wahhaj and Lucas Morton were additionally convicted of conspiracy to commit kidnapping resulting in death and kidnapping resulting in death. Jany Leveille pled guilty to conspiracy to provide material support to terrorists and being in possession of a firearm while unlawfully in the United States on Aug. 8, 2023.
According to publicly available court records, in December of 2017, the group, led by Leveille, abducted Siraj Wahhaj’s three-year-old son, Abdul Ghani, from his mother in Georgia and transported him to a remote property in Amalia, New Mexico. The group intended to use the child as a prop in a plan to rid the world of purportedly corrupt institutions, including the FBI, CIA, and U.S. military, and to kill those who did not convert and follow Leveille. The planning and training for this conspiracy took place at a heavily fortified, purpose-built, militarized compound in Amalia.
After Abdul Ghani died at the compound, Leveille prophesized, and the rest of the group believed, that Abdul Ghani was going to resurrect on Easter, which was April 1, 2018, and that he would lead the group to face society and kill those who did not join them. In response, the group’s firearms and tactical training ramped up in frequency, intensity, and complexity in anticipation of the Easter resurrection. When Abdul Ghani did not resurrect on Easter, Leveille began to talk about him returning around the time of his birthday (August 6, 2018) or as Subhanah Wahhaj’s soon-to-be born child.
On Aug. 3, 2018, the Taos County Sheriff's Office's Tactical SRT Unit integrated with agents from New Mexico Office of the Superintendent of Insurance and executed warrants on the heavily fortified compound. SRT was able to secure the compound and the suspects without incident or a single shot fired. Additionally, the children in the compound were secured and safely turned over to child welfare authorities. While clearing the compound, weapons, ammunition, and training documents were discovered confirming intelligence that had been received. During a subsequent search of the compound on Aug. 6, 2018, Abdul Ghani’s birthday, law enforcement located the remains of Abdul Ghani in an underground tunnel. The investigation found Abdul died on Christmas Eve, 2017, before anyone was aware the group was in New Mexico.
“All of the children are all of our children, and loss of any child is a loss to us all,” said U.S. Attorney Uballez. “The horrifying events of 2017 and 2018 played out in graphic detail during this trial: from radical ideologies to violent extremist beliefs, the banality of everyday life centered around the corpse of a dead child within a fortified compound in rural New Mexico. But at its heart, this case is about the senseless death of three-year-old Abdul Ghani. As a father, I offer my deepest condolences as well as my gratitude to our federal law enforcement partners, the Taos County Sheriff’s Office, DOJ’s National Security Division, and my trial team for delivering justice.”
“The sentences imposed today send a clear message: The FBI takes its mission of protecting the American public seriously, and we will continue to work diligently to uncover and stop all terrorism efforts whether it be by large scale organizations or small US-based violent extremist participating in self-initiated attack plotting as seen in this case,” said Special Agent in Charge Raul Bujanda. “While today’s sentencing cannot take away the pain or fill the void of the innocent child who was kidnapped and subsequently lost his life, I sincerely hope there is some comfort in knowing that those who committed this terrible crime have been brought to justice. The FBI would like to thank all of our local, state and federal partners, the US Attorney’s Office, and specifically the Taos County Sheriff’s Office for their diligent work on this case, which removed the threat posed by these dangerous criminals to potentially conduct attacks on US soil against innocent people.”
“Through integrated teamwork, an extremely high-risk operation was successfully conducted against an established terror group in which warrants were executed and suspects were taken into custody without a single shot being fired, denying them of the fulfillment of their intended terrorist intentions. All Deputies and suspects were uninjured and most importantly above all else, 11 children were removed from harm’s way without injury,” said Taos County Sheriff Steve Miera. “On behalf of the People of Taos County, I would like to sincerely extend our gratitude to the NM Office of the Superintendent of Insurance (OSI), FBI, US Attorney’s Office, and its support staff, the Eighth Judicial District Attorney’s Office, as well as the NM DHS.”
The FBI Albuquerque Field Office investigated this case with assistance from the U.S. Department of Homeland Security, the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Taos County Sheriff’s Office, NM Office of the Superintendent of Insurance, and the 8th Judicial District Attorney’s Office.
Assistant U.S. Attorneys Kimberly Brawley and Tavo Hall for the District of New Mexico and Trial Attorneys Jessica Joyce and George Kraehe of the National Security Division’s Counterterrorism Section prosecuted the case.
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Newcomb Man Pleads Guilty to Involuntary ManslaughterRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Leighton Spencer pleaded guilty in federal court to involuntary manslaughter. Spencer, 31, of Newcomb, and an enrolled member of the Navajo Nation, was placed on conditions of release pending sentencing, which has not been scheduled.
According to publicly available court records, on June 2, 2021, John Doe and Spencer were drinking at his residence in Newcomb when John Doe had an altercation with his girlfriend. Spencer and John Doe then got into an argument which turned physical. At some point after that, John Doe produced a knife and stabbed Spencer in the forearm multiple times. Spencer then took the knife from him and stabbed John Doe. A stab wound to the neck damaged a vein and artery which caused John Doe to bleed to death.
At sentencing, Spencer faces up to 8 years in prison followed by 3 years of supervised release.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.
View the Plea Agreement# # #
Justice Department Sues New Mexico Property Manager for Sexually Harassing TenantsRead the Press Release
The Justice Department filed a lawsuit today against Ariel Solis Veleta, of Albuquerque, New Mexico, for sexually harassing female tenants in violation of the Fair Housing Act (FHA). Solis was employed as a leasing agent and property manager at St. Anthony Plaza Apartments in Albuquerque between 2010 and 2022.
The lawsuit, filed in the U.S. District Court for the District of New Mexico, alleges that between 2010 and 2022, Solis requested sex acts from female tenants, subjected female tenants to unwelcome sexual touching, made unwelcome sexual comments and advances to female tenants, locked female tenants in his office to demand sex acts, demanded that female tenants engage in sex acts with him in order not to lose housing and entered female tenants’ homes in the guise of conducting property management work to demand sex acts.
“The Justice Department is firmly committed to holding property managers and landlords accountable when they abuse their power and prey on vulnerable tenants,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This action represents our latest effort to ensure that no one lives in fear of experiencing sexual harassment in their home.”
“Women and children deserve to live free from sexual predation,” said U.S. Attorney Alexander M.M. Uballez for the District of New Mexico. “And everybody deserves safe and affordable housing for their families. When property managers use their power over housing as a weapon to extort sexual favors from tenants, they exploit one fundamental right in order to violate another. Our office is committed to protecting both the sanctuary of the home and the basic human rights of tenants. These cases are made possible by the bravery of tenants. I thank each of the alleged victims for having the courage to come forward and to tell their story.”
“Every person deserves to feel safe in their homes without facing the threat of being sexually harassed or abused by a property manager or others who have control over housing,” said Inspector General Rae Oliver Davis of the Department of Housing and Urban Development (HUD). “Victims should not hesitate to report such harassment and abuse to law enforcement authorities. HUD’s Office of Inspector General (HUD OIG) will continue to work with our prosecutorial and law enforcement partners to hold housing providers accountable for this type of depraved conduct.”
The lawsuit also names as defendants the owners of St. Anthony Plaza Apartments, St. Anthony Limited Partnership and PacifiCap Holdings XXXVIII LLC and Solis’ employer, PacifiCap Properties Group LLC. It also seeks monetary damages to compensate persons harmed by the alleged harassment, a civil penalty to vindicate the public interest and a court order barring future discrimination.
The Justice Department and HUD OIG jointly investigated the case.
The FHA prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. It also prohibits sexual harassment, a form of sex discrimination. Individuals who believe they may have been victims of sexual harassment or other types of housing discrimination by Ariel Solis or at St. Anthony Plaza Apartments, or who have information that may be relevant to this case, may contact the Housing Discrimination Hotline at 1-833-591-0291. Individuals may also send an email to Solis.Investigation@usdoj.gov or may submit a report online.
The Justice Department’s Sexual Harassment in Housing Initiative is led by the Civil Rights Division, in coordination with U.S. Attorneys’ Offices across the country. The initiative seeks to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers and other people who have control over housing. Since launching the initiative in October 2017, the department has filed 39 lawsuits alleging sexual harassment in housing and recovered nearly $12 million for victims of such harassment.
Five New Mexico Compound Defendants Sentenced to Life in Prison in Connection with Kidnapping and Terrorism PlotRead the Press Release
A federal judge in New Mexico today sentenced five defendants: Jany Leveille, Siraj Ibn Wahhaj, his sisters Hujrah Wahhaj and Subhanah Wahhaj, and Subhanah’s husband, Lucas Morton. Siraj, Hujrah and Subhanah Wahhaj, and Lucas Morton were sentenced to life in prison without the possibility of parole. Per the terms of her plea agreement, Leveille was sentenced to 15 years in prison. Upon her release from prison, Leveille will enter removal proceedings.
On Oct. 17, 2023, after a three-week trial, a federal jury convicted Siraj Wahhaj and Lucas Morton of conspiracy to provide material support to terrorists, providing material support to terrorists and conspiracy to murder an officer or employee of the United States. Hujrah Wahhaj, Subhanah Wahhaj and Lucas Morton were additionally convicted of conspiracy to commit kidnapping resulting in death and kidnapping resulting in death. Jany Leveille pleaded guilty to conspiracy to provide material support to terrorists and being in possession of a firearm while unlawfully in the United States on Aug. 8, 2023.
According to publicly available court records, in December 2017, the group, led by Leveille, abducted Siraj Wahhaj’s three-year-old son, Abdul Ghani, from his mother in Georgia and transported him to a remote property in Amalia, New Mexico. The group intended to use the child as a prop in a plan to rid the world of purportedly corrupt institutions, including the FBI, CIA, and U.S. military, and to kill those who did not convert and follow Leveille. The planning and training for this conspiracy took place at a heavily fortified, purpose-built, militarized compound in Amalia.
After Abdul Ghani died at the compound, Leveille prophesized, and the rest of the group believed, that Abdul Ghani was going to resurrect on Easter, which was April 1, 2018, and that he would lead the group to face society and kill those who did not join them. In response, the group’s firearms and tactical training ramped up in frequency, intensity, and complexity in anticipation of the Easter resurrection. When Abdul Ghani did not resurrect on Easter, Leveille began to talk about him returning around the time of his birthday (Aug. 6, 2018) or as Subhanah Wahhaj’s soon-to-be born child.
On Aug. 3, 2018, the Taos County Sheriff’s Office’s Tactical SRT Unit integrated with agents from New Mexico Office of the Superintendent of Insurance and executed warrants on the heavily fortified compound. SRT was able to secure the compound and the suspects without incident or a single shot fired. Additionally, the children in the compound were secured and safely turned over to child welfare authorities. While clearing the compound, weapons, ammunition, and training documents were discovered confirming intelligence that had been received. During a subsequent search of the compound on Aug. 6, 2018, Abdul Ghani’s birthday, law enforcement located the remains of Abdul Ghani in an underground tunnel. The investigation found Abdul died on Christmas Eve, 2017, before anyone was aware the group was in New Mexico.
The FBI Albuquerque Field Office investigated this case with assistance from the U.S. Department of Homeland Security, the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Taos County Sheriff’s Office, NM Office of the Superintendent of Insurance, and the 8th Judicial District Attorney’s Office.
Assistant U.S. Attorneys Kimberly Brawley and Tavo Hall for the District of New Mexico and Trial Attorneys Jessica Joyce and George Kraehe of the National Security Division’s Counterterrorism Section prosecuted the case.
Arizona Woman Sentenced to 30 Months in Prison for Involuntary ManslaughterRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Leticia Ashley was sentenced to 30 months in prison. Ashley, 38, of St. Michaels, Arizona and an enrolled member of the Navajo Nation, pleaded guilty to involuntary manslaughter on Oct. 2, 2023.
A federal grand jury indicted Ashley on Feb. 23, 2023. According to publicly available court documents, on July 29, 2022, Ashley consumed a half-pint of Fireball liquor before she got into the driver’s seat of her truck with her four young children as passengers and started to drive. Ashley was speeding when she lost control of the vehicle, causing it to leave the roadway and roll over several times. The crash was reported to law enforcement by a motorist who came upon the scene shortly afterward and narrowly missed encountering the speeding truck.
Ashley’s unrestrained five-year-old daughter died as a result of the vehicle crash and her other children were injured. Ashley was airlifted was University of New Mexico Hospital with a severely broken arm and spinal injury.
Upon her release from prison, Ashley will be subject to three years of supervised release.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Crownpoint Police. Assistant United States Attorney Kimberly Bell is prosecuting the case.
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Mescalero Man Sentenced to 4 Years in Prison for Assault on Federal OfficerRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Jeremy Dennis was sentenced to 4 years in prison. Dennis, 43, of Mescalero, and an enrolled member of the Mescalero Apache Tribe, Dennis pled guilty to assault on a federal officer in Indian Country on June 26, 2023.
According to publicly available court documents, on Dec. 25, 2022, shortly after 10 p.m., an officer from the Bureau of Indian Affairs responded to the Dennis’ residence on the Mescalero Apache reservation to conduct a welfare check. Dennis’ family members had called the police because Dennis was smoking methamphetamine in the laundry room of the house. The officer attempted to arrest Dennis’ for child abuse for smoking with a minor in the house, but Dennis grabbed his minor child and would not let go. The officer and a family members tried to release Dennis’s grip on the child but were unable to do so. Finally, the officer deployed pepper spray on Dennis, which caused him to release the child and the family member was able to grab the child and leave the area.
Dennis then punched and kicked the officer before throwing him to the ground and straddling him. Dennis grabbed the officers bulletproof vest pressed it into the officer’s neck, attempting to strangle him and cut off his air supply. Backup arrived on scene and together the officers were able to subdue Dennis.
Upon his release from prison, Dennis will be subject to 2 years of supervised release.
The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Bureau of Indian Affairs. Assistant United States Attorney Eliot Neal is prosecuting the case.
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Santa Fe Man Pleads Guilty to Drug Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Mario Guizar-Anchondo pled guilty in federal court to possession with intent to distribute fentanyl and possessing a firearm in furtherance of a drug trafficking crime. Guizar-Anchondo 21, of Santa Fe, will remain in custody pending sentencing, which has not been scheduled.
A federal grand jury indicted Guizar-Anchondo and his co-defendant, Werni Lopez-Perez, 27, of Santa Fe, on Jan. 11, 2022. According to publicly available court documents, at around 2:30 a.m. on Dec. 30, 2021, an officer from the Santa Fe Police Department conducted a routine traffic patrol on a vehicle driven by Guizar-Anchondo for driving without illuminated taillights. At the time, Lopez-Perez was in the passenger seat. Based on observations made during and after the traffic stop, the officer sealed the truck and the FBI sought and obtained a federal search warrant for the truck.
The truck was searched later that day at the FBI office in Albuquerque. Inside, agents found approximately 32,000 fentanyl pills, 1.7 kilograms of methamphetamine, five firearms, and $5,563 in cash. The investigation also uncovered evidence that both Guizar-Anchondo and Lopez-Perez were using Facebook to advertise and sell fentanyl and methamphetamine.
In his plea agreement, Guizar-Anchondo admitted that he intended to distribute the fentanyl pills to others, and that he possessed the firearms in the truck to protect himself, his drug supplies, and his drug proceeds.
At sentencing, Guizar-Anchondo is facing not less than 5 years and not more than life in prison.
Lopez-Perez remains in custody pending trial which is currently scheduled for April 1, 2024.
The Santa Fe Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Santa Fe Police Department. The United States Attorney’s Office is prosecuting the case.
View the Plea Agreement# # #
Federal Jury Convicts Mescalero Man of Domestic AssaultRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI’s Albuquerque Field Office, announced a federal jury returned a guilty verdict against Theodore Ian Chavez, IV for assault of an intimate partner by strangling. Chavez, 26, of Mescalero, and an enrolled member of the Mescalero Apache Tribe, was detained pending sentencing which has been set for June 12, 2024.
A federal grand jury issued an indictment against Chavez on Nov. 15, 2023. According to evidence presented at trial and other publicly available court records, in the early morning hours of August 6, 2023, Chavez strangled and assaulted his intimate partner, Jane Doe, multiple times, resulting in the loss of consciousness and visible bruises. He also shoved Jane Doe into a door, resulting in bruises and a head injury. After the assault, Jane Doe sought medical attention.
When interviewed by law enforcement officers, Chavez confirmed that he and Jane Doe had been intimate partners for several years. Although he initially denied and downplayed the incident which resulted in the assault, he eventually admitted that he had physically restrained Jane Doe following an argument. Chavez admitted that he likely caused the bruising on Jane Doe’s body, including the bruising on Jane Doe’s neck, while attempting to restrain Jane Doe. Chavez stated he was attempting to restrain Jane Doe with a forearm across the chest, but that his forearm slipped and was on Jane Doe’s throat, impeding her ability to breathe. When asked about the signs of manual strangulation, Chavez conceded that he put his hands on Jane Doe’s throat but denied any intention or occurrence of strangulation.
At sentencing, Chavez faces 10 years in prison.
The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Bureau of Indian Affairs. Assistant U.S. Attorneys Joni Stahl and J. Kirk Williams are prosecuting the case.
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Rio Rancho Man Sentenced to 15 Months in Prison for Social Security SchemeRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that James Anthony Sandoval was sentenced to 15 months in prison, and he must pay $55,261.20 in restitution to the Social Security Administration (SSA). A federal jury returned 33 guilty verdicts of theft of government property and one count each of making false statements and false statements on a Social Security form against Sandoval, 58, of Rio Rancho, on Dec. 16, 2022.
A federal grand jury issued an indictment against Sandoval on June 15, 2022. According to evidence presented at trial and other publicly available court records, Sandoval became entitled to receive disability benefits in 2007 and the Social Security Administration (SSA) began issuing payments to Sandoval, including payments to his children and Medicare benefits. In November 2018, the SSA’s Office of the Inspector General (OIG) Cooperative Disability Investigations (CDI) Unit in Albuquerque began an investigation based on an allegation that Sandoval was intentionally concealing from the SSA his ownership, earnings and work activity at Traditions Past and Present, a thriving jewelry business with two locations in Albuquerque.
During the investigation, the CDI Unit determined that Sandoval founded the company in 2009 and was the designer and creator of the jewelry sold by the business. In August 2016, Sandoval signed various SSA forms, under penalty of perjury, in which he stated he had not worked since January 2007 and had not received any income since January 2007.
In February 2019, an undercover agent with the SSA-OIG spoke with Sandoval at the San Antonio Texas Stock and Rodeo show, where Sandoval had rented a vendor booth for his jewelry business. The booth had a sign displayed, “Traditions Past and Present Jewelry, My Heritage and Design by James Sandoval.” Sandoval told the agent he sells customized jewelry from the Santa Fe area and had been selling custom-made jewelry at the San Antonio Stock Show and Rodeo for approximately ten years. Sandoval further stated that his jewelry items ranged from $500-$20,000, and he did not sell his jewelry to wholesalers.
On February 19, 2020, OIG-SSA Special Agent and SSA employees met with Sandoval at the SSA office in Rio Rancho. During the meeting, Sandoval told agents he had not worked since 2002 or 2003, and Sandoval denied making a profit or working at Traditions Past and Present. Sandoval did admit to traveling to trade shows on behalf of the business.
During the trial, the jury heard testimony from a former employee who stated that Sandoval was intentionally concealing his income from the government because he was receiving SSA disability payments. Other evidence presented included reports and photographs of Sandoval working at his jewelry business, Traditions Past and Present, as well as working at a vendor booth for his jewelry business at a trade show in Texas. The government also presented bank records of Traditions Past and Present and Sandoval’s personal bank records from 2014 to 2019 which included several transactions from the jewelry business to Sandoval’s personal accounts, all of which were controlled by Sandoval.
Between January 1, 2014, and April 1, 2019, Sandoval received SSA benefits totaling $182,735.10 and Medicare paid a total amount of $94,165.20 for the services Sandoval received from March 2015 to May 2021, which is the period he was not entitled to receive SSA disability benefits.
“Everyone deserves economic stability and dignity,” said U.S. Attorney Uballez. “Social security funds represent our collective commitment to taking care of our neighbors who can no longer work. When selfish business-owners draw benefits to which they are not entitled, they are stealing from every American’s paycheck and from every lawful beneficiary. Together with SSA-OIG, we will preserve the viability of the Social Security system. This case was spearheaded by OIG Special Agent Bianca Mendez, who tragically died before she could finish her work. Her colleagues at SSA-OIG and CDI finished where she left off and honored her legacy with this outcome.”
Upon his release from prison, Sandoval will be subject to three years of supervised release.
The SSA Office of the Inspector General Albuquerque CDI Unit investigated this case with assistance from the New Mexico Disability Determination Services, the New Mexico Office of Attorney General and SSA. Assistant United States Attorneys Raquel Ruiz-Velez and Kristopher N. Houghton are prosecuting the case.
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Former Alamogordo Firefighter Sentenced to 45 Years in Prison for Production of Child PornographyRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Eric McLoughlin, Acting Special Agent in Charge of Homeland Security Investigations - El Paso, announced that Jason Ross-Lattion Fleming was sentenced to 45 years in prison. Fleming, 37, of Pinon, pleaded guilty to production of a visual depiction of a minor engaging in sexually explicit conduct and providing child pornography to a minor on April 6, 2023.
A federal grand jury indicted Fleming on Sept. 21, 2022. According to publicly available court records, on April 12, 2022, Homeland Security Investigations received information from New Mexico State Police regarding an incident that occurred involving a 10-year-old minor in Pinon, New Mexico. The 10-year-old minor, identified in court documents as Jane Doe 2, reported that Fleming molested her while she was visiting her dad in New Mexico. Fleming was an Alamogordo firefighter at the time.
During a subsequent interview, Jane Doe 2 disclosed that Fleming began molesting her when she was nine years old and that it occurred multiple times. Jane Doe 2 disclosed that Fleming showed her videos of child sexual exploitation materials and told her she had to do the things to him that occurred in the videos. Jane Doe 2 also disclosed that Fleming gave her Reese’s candy when he molested her.
Based on the information from Jane Doe 2, New Mexico State Police obtained a state district court search warrant for Fleming’s residence, cellphones, and buccal swabs containing Fleming’s DNA.
On April 18, 2022, Homeland Security Investigations obtained and executed a follow-up federal search warrant on Fleming’s cellphone and identified hundreds of videos and photographs of child sexual exploitation materials, including child sexual exploitation materials images involving infants and toddlers. The identified child sexual exploitation materials were contained within the thumbnail cache of a “GalleryVault” application.
While reviewing the extraction of Fleming’s cellphone, Homeland Security Investigations located sexually explicit videos and photographs that Fleming produced of Fleming and a teenage minor, identified in court documents as Jane Doe 1.
Upon his release from prison, Fleming will be subject to 5 years of supervised release and must register as a sex offender.
Homeland Security Investigations investigated this case with assistance from New Mexico State Police, U.S. Marshals Service, and the Drug Enforcement Administration. Assistant United States Attorneys Marisa A. Ong and Matilda McCarthy Villalobos prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and CEOS, 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 Justice.gov/PSC.
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Dulce Man Charged with Aggravated Sexual AbuseRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Cisco Cruzito Pinto appeared in federal court on a criminal complaint charging him with aggravated sexual abuse in Indian Country. Pinto, 37, of Dulce, NM, will remain on conditions of release in the third-party custody of a halfway house pending trial, which has not yet been scheduled.
According to the criminal complaint, on Sept. 13, 2023, Pinto went out drinking in Pagosa Springs, CO with his wife before returning home. After his wife fell asleep, Pinto allegedly went into a bedroom where their 14-year-old niece, Jane Doe, was sleeping and sexually assaulted her. Jane Doe began to cry, and Pinto allegedly told her not to tell anyone otherwise he would hit her. When Pinto went to take a shower, Jane Doe told her aunt that Pinto had assaulted her. Jane Doe’s aunt called 911, and Jicarilla Apache Police Officers removed Pinto from the home.
A criminal complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted of the current charges, Pinto faces up to a mandatory minimum of 30 years and up to life in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Jicarilla Apache Police Department. Assistant U.S. Attorney Meg Tomlinson is prosecuting the case.
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Mescalero Man Sentenced to 2 Years Supervised Release for Domestic AbuseRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Danny Deron Morgan was sentenced to a time-served sentence of 53 days and 2 years of supervised release. Morgan, 51, of Mescalero, an enrolled member of the Mescalero Apache Tribe, pled guilty on Oct. 25, 2023, to assault of a spouse, intimate partner, or dating partner resulting in substantial bodily injury in Indian Country.
A federal grand jury returned a superseding indicted against Morgan on Aug. 16, 2023. According to publicly available court records, on Feb. 20, 2023, Morgan invited Jane Doe to the residence he had been staying at in Mescalero. After she arrived, Morgan became upset with Jane Doe, and she attempted to leave the residence. This upset Morgan more and he grabbed Jane Doe by her hair, pushed her down on to the bed, straddled her chest and pushed down on her throat with his hands. Hearing a commotion, the owner of the residence forced his way into the bedroom and pulled Morgan off Jane Doe, who fled the residence. As a result of the assault, Jane Doe suffered short-term disfigurement including bruising, lacerations, and petechiae.
The Bureau of Indian Affairs investigated the case. Assistant U.S. Attorney Eliot Neal is prosecuting the case.
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Kansas Man Pleads Guilty to Production of Child Porn, Coercion and Enticement of a MinorRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Adrian Dale Tsinnijinnie pleaded guilty in federal court to one count each of production of a visual depiction of a minor engaging in sexually explicit conduct and coercion and enticement of a minor. Tsinnijinnie, 36, of Fort Riley, Kansas, and an enrolled member of the Navajo Nation, will remain in custody pending sentencing, which has not been scheduled.
A federal grand jury indicted Tsinnijinnie on Jan. 25, 2023. According to publicly available court records, between November 2020 and January 2021, while stationed on active duty in the U.S. Army at Fort Riley, Kansas, Tsinnijinnie used Facebook Messenger to contact and groom Jane Doe, a 13-year-old child. Initially, the messages Tsinnijinnie sent to Jane Doe were supportive, but soon Tsinnijinnie began to request nude videos and photos. Tsinnijinnie told the victim that if she didn’t send him photos it would make him sad. Tsinnijinnie continuously pressured Jane Doe until she reluctantly sent him a nude photo. During these interactions, Tsinnijinnie also sent Jane Doe nude photos and videos of himself.
On June 20, 2021, while he was on leave from the U.S. Army, Tsinnijinnie traveled with his family to Shiprock, New Mexico, where Jane Doe lives. During the visit, Tsinnijinnie sexually assaulted Jane Doe on two occasions. Following the second incident, Tsinnijinnie apologized to Jane Doe and asked her to keep quiet about the incident, telling her that discussing the incident with others would “ruin everything.” Tsinnijinnie asked Jane Doe “cross her heart” not to say anything.
On July 5, 2021, Jane Doe disclosed to her father that she had been sexually assaulted by Tsinnijinnie. The victim’s father took her to the San Juan Regional Medical Center where she underwent a Sexual Assault Nurse Exam. Following the exam, the victim’s father met with a Navajo Nation Police Officer to make a report.
At sentencing, Tsinnijinnie faces between 15 and 25 years in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Navajo Police Department and Department of Criminal Investigation. Assistant United States Attorneys Matthew J. McGinley and Natasha Moghadam are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and CEOS, 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 Justice.gov/PSC.
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Two More Defendants Arrested During 2023 Joint Enforcement Operation in Carlsbad Plead Guilty to Federal Drug OffensesRead the Press Release
ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Towanda R. Thorne-James, Special Agent in Charge for the Drug Enforcement Administration El Paso Division, announced today that Kassandra Lee Perales and Jared Michael Moore, two of the 12 defendants arrested during a joint enforcement operation last year in Carlsbad, pleaded guilty in federal court to federal drug offenses.
Perales, 33, of Carlsbad, pleaded guilty on Feb. 6, 2024, to conspiracy to distribute 50 grams and more of methamphetamine and 400 grams and more of fentanyl, conspiracy to distribute 500 grams and more of cocaine, attempt to possess with intent to distribute 50 grams and more of methamphetamine, attempt to possess with intent to distribute 500 grams and more of cocaine, possession with intent to distribute 400 grams and more of fentanyl and possession with intent to distribute 50 grams and more of methamphetamine. Moore, 42, of Carlsbad, pleaded guilty on Feb. 27, 2024, to conspiracy to distribute cocaine and possession with intent to distribute cocaine. Both Perales and Moore will remain in custody pending sentencing, which has not been scheduled.
According to publicly available court records, on March 5, 2023, Moore took possession of 55.8 net grams of cocaine with the intent of distributing it. When he was driving away, law enforcement agents stopped Moore and seized the cocaine, as well as 10.97 grams of pure meth.
On April 3, 2023, Perales traveled from Carlsbad to El Paso to pick up 1,974 net grams of cocaine and 501.4 net grams of pure meth that had been transported from Mexico into the United States the day before and left in the trunk of a vehicle. Unbeknownst to Perales, the drugs had been seized by law enforcement the day before.
The following week, on April 10, 2023, Perales met with another individual and took possession of 893.3 net grams of pure meth and 657 net grams of fentanyl pills with the intent of transporting them to North Dakota to sell. On April 11, 2023, Perales departed Carlsbad for North Dakota when they were stopped by officers who seized the drugs.
At sentencing, Perales faces between 10 years and life in prison followed by a term of supervised release and Moore faces up to 20 years in prison followed by a term of supervised release.
The Drug Enforcement Administration investigated this case with assistance from Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Pecos Valley Drug Task Force, with enforcement assistance from the United States Marshal Service, Carlsbad Police Department, Eddy County Sheriff’ Department, Roswell Police Department, Chaves County Drug Task Force, DEA Airwing and Customs and Border Patrol. The New Mexico Air National Guard’s Air Unit, Artesia Police Department and Customs and Border Patrol’s Air Unit provided support during the operation on August 1, 2023.
Assistant U.S. Attorneys Renee L. Camacho and Devon Aragon-Martinez are prosecuting the case.
This operation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations.
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Ohkay Owingeh Man Pleads Guilty to Sexual AbuseRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Dwayne Calvert pleaded guilty in federal court to sexual abuse. Calvert, 34, an enrolled member of Pueblo of Ohkay Owingeh, will remain in custody pending sentencing, which has not yet been scheduled.
According to publicly available court records, on July 2, 2022, Calvert spent the night in the living room of a friend’s home on the Pueblo of Ohkay Owingeh. Jane Doe was also asleep in that living room. Knowing that Jane Doe was passed out and unable to provide her consent to sexual intercourse, Calvert vaginally penetrated Jane Doe. When the homeowners confronted Calvert during the rape, Calvert fled the home.
At sentencing, Calvert faces five years in prison. Upon his release from prison, Calvert will be subject to a minimum of five years and up to a lifetime term of supervised release and must register as a sex offender.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services. Assistant United States Attorney Zachary Jones is prosecuting the case.
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