District of New Mexico

ALBUQUERQUE, N.M. – Andrew Bettelyoun, 26, a member of the Jicarilla Apache Tribe, was sentenced today in federal court to 15 years and 8 months in prison for conspiring to commit kidnapping in Indian Country. Bettelyoun pleaded guilty on Jan. 30, 2019. 

            In his plea agreement, Bettelyoun admitted to assisting his co-conspirator, Allister Quintana, 26, also of the Jicarilla Apache Tribe, by providing binding material and moving the victim from room to room in a house in Dulce, New Mexico, on the Jicarilla Apache Indian Reservation.  The victim died as a result of the injuries he sustained during the kidnapping.

            On Jan. 22, 2019, Quintana pleaded guilty to second degree murder in Indian Country. On Sept. 21 he was sentenced to 33 years in prison.

            Upon his release from prison, Bettelyoun will be subject to five years of supervised release.

            The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from Jicarilla Apache Police Department. Assistant U.S. Attorneys Joseph Spindle and Frederick Mendenhall prosecuted the case.

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ALBUQUERQUE, N.M. – Bentley Streett, 46, of Albuquerque, was sentenced in federal court today to 30 years in prison for child exploitation charges.

On Dec. 7, 2018, Streett pleaded guilty to interstate travel to engage in illicit sexual conduct with a minor, two counts of production of visual depictions of minors engaged in sexually explicit conduct, three counts of attempted production of child pornography, distribution of child pornography and possession of child pornography.

In his plea agreement, Streett admitted that between July 31, 2013, and Aug. 4, 2013, he traveled from Albuquerque to Sycamore, Illinois, for the purpose of engaging in sexual conduct with a 14-year-old victim. Streett also admitted that from May 2013 through at least January 2014, he attempted to persuade several minors to produce pornography and send the images to him, and that on Jan. 20, 2014, he sent images of child pornography to one of the minors. Streett admitted that he knew the victims with whom he was communicating were minors, and also admitted to saving child pornography on his laptop.

Upon his release from prison, Streett will be subject to 10 years of supervised release and must register as a sex offender.

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

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ALBUQERQUE, N.M. – Quincee Zohnnie, 25, of Shiprock, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty in federal court on Oct. 26 to assault with a dangerous weapon and retaliating against a victim in Indian Country. A sentencing date has not been scheduled.

     According to the plea agreement, on June 14, 2020, Zohnnie was riding in the passenger seat of his girlfriend’s car when they spotted John Doe sitting outside his home on the Navajo Nation, New Mexico. Zohnnie had an argument with John Doe before returning home and retrieving his firearm. Zohnnie returned to John Doe’s residence and fired multiple rounds at the house, which at the time of the incident was occupied by John Doe’s family including a minor child.

     By the terms of the plea agreement, Zohnnie faces eight years in prison.

     The Farmington Residency Agency of the FBI Albuquerque Field Office investigated this case. Assistant U.S. Attorney Alexander F. Flores is prosecuting the case.

ALBUQUERQUE, N.M. – Elliot Romancito, 27, of Taos, New Mexico, and an enrolled member of the Taos Pueblo, pleaded guilty in federal court on Nov. 3 to sexual abuse of a minor in Indian Country. Romancito was indicted on March 10, 2020.

            In his plea agreement, Romancito admitted that after a party on the night of Sept. 30, 2018, or in the early morning hours of Oct. 1, 2018, he drove to a location on the Taos Pueblo and engaged in a sexual act with the victim, identified in court records as Jane Doe. At the time of the abuse, Jane Doe was 15-years old.

            By the terms of the plea agreement, Romancito faces up to two years in prison and will be required to register as a sex offender.

            The Santa Fe Resident Agency of the FBI Albuquerque Filed Office investigated this case. Assistant United States Attorneys David P. Cowen and Elisa Dimas are prosecuting this case.

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ALBUQUERQUE, N.M. – Elton Gastelum, 20, of Albuquerque, appeared for a detention hearing today in federal court where he is charged with transporting illegal aliens resulting in death. Gastelum will remain in custody pending trial.

​              According to a criminal complaint, on Sept. 18, Gastelum allegedly was transporting illegal aliens when he approached a Border Patrol checkpoint on New Mexico State Road 11. Gastelum allegedly attempted to circumvent the checkpoint by driving his vehicle northward in the southbound lane, and then fled from Border Patrol agents at a high rate of speed. Gastelum allegedly lost control of the vehicle, which rolled several times and caught fire. Six people were ejected from the vehicle, while the other four were extracted from the burning SUV. One of the aliens who had been in the vehicle died at the scene while another died later at the hospital.

              A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. The maximum statutory penalty for this charge is up to life in prison or death.

            Homeland Security Investigations (HSI) investigated this case with assistance from the U.S. Border Patrol. Assistant U.S. Attorneys Christopher S. McNair and Randy Castellano are prosecuting the case.

ALBUQUERQUE, N.M. – Floyd Emory Cheresposy, 58, of Laguna, New Mexico, and an enrolled member of Laguna Pueblo, was sentenced in federal court on Oct. 29 to 12 years in prison for abusive sexual contact in Indian Country. Cheresposy pleaded guilty on March 25.

In his plea agreement, Cheresposy admitted that between about Oct. 14, 2011, and Oct. 14, 2012, he engaged in sexual contact with Jane Doe 1, and that between about Dec. 8, 2011, and Dec. 8, 2012, he engaged in sexual contact with Jane Doe 2. Both victims were seven years old at the time of the abuse. The crimes occurred in Bernalillo County, New Mexico, on the Laguna Pueblo.

Upon his release from prison, Cheresposy will be subject to five years of supervised release and must register as a sex offender.

            The Laguna office of the Bureau of Indian Affairs Office of Justice Services investigated this case with assistance from the Laguna Pueblo Police Department. 

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ALBUQERQUE, N.M. – Drew Beck, 36, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, was sentenced in federal court on Oct. 4 to two years and five months in prison for domestic assault by a habitual offender.

According to the plea agreement and other court records, on March 2, 2020, Beck assaulted Jane Doe, his girlfriend at the time, at their shared residence in Otero County, New Mexico, on the Mescalero Apache Reservation. Beck grabbed the victim as she was trying to leave and dragged her by her leg into the living room. Beck threw the victim over the couch and started strangling her and stopped after law enforcement arrived. Jane Doe was taken to a medical center where she received care and a domestic violence examination.

Beck was convicted for similar incidents previously, on Aug. 4, 2011, for battery on a household member and on Nov. 9, 2017, for domestic violence.

Upon his release from prison, Beck will be subject to three years of supervised release.

The Bureau of Indian Affairs (BIA) investigated this case. Assistant U.S. Attorney Aaron O. Jordan prosecuted the case.

ALBUQUERQUE, N.M. – Thomas Kelly Fadgen, 41, of Albuquerque, made an initial appearance in federal court on Oct. 28 facing charges of bank robbery and interfering with commerce by threats or violence. Fadgen will remain in custody pending a detention hearing scheduled for Nov. 1.

​            According to a criminal complaint, on Aug. 31, Fadgen allegedly entered a Walmart on Wyoming Boulevard in Albuquerque and approached the money services counter. He allegedly placed an orange bag on the counter, along with a demand note with which the service counter clerk complied. Fadgen allegedly fled the scene, leaving the demand note behind.

            On Oct. 5, Fadgen allegedly entered the First Convenience Bank inside the Walmart on Carlisle Boulevard in Albuquerque. He allegedly presented a demand note to a teller and lifted his shirt to display a handgun in the waistband of his pants. The teller complied and Fadgen allegedly fled the scene.

            A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Fadgen faces up to 20 years in prison.

            The FBI Violent Crimes and Gangs Task Force investigated this case with assistance from the Albuquerque Police Department and the New Mexico Corrections Department. Assistant U.S. Attorney Presiliano Torrez is prosecuting the case.

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ALBUQUERQUE, N.M. – Jeremiah Elijah Jim, 31, of Teec Nos Pos, Arizona, and an enrolled member of the Navajo Nation, was sentenced in federal court on Oct. 27 to 24 years in prison for aggravated sexual abuse of a minor in Indian Country. Jim pleaded guilty on April 5. 

            According to his plea and other court documents, on June 3, 2019, Jim and co-defendant Bryan Bull, also an enrolled member of the Navajo Nation, threatened the 14-year-old victim with serious bodily injury and sexually abused him. The abuse took place in Shiprock, New Mexico, on the Navajo Nation.

            Bull pleaded guilty on Aug. 30 and remains in custody pending sentencing.

            Upon his release from prison, Jim will be subject to seven years of supervised release and will have a lifetime requirement to register as a sex offender.

            The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department. The case was prosecuted by the U.S. Attorney’s Office for the District of New Mexico.

ALBUQUERQUE, N.M. – Stephen Yochim, 48, of Albuquerque, pleaded guilty in federal court on Oct. 18 to stalking. A sentencing date has not been scheduled.

            According to his plea agreement and other court records, Yochim allegedly sent a series of messages from multiple Google email (gmail) accounts to an Albuquerque couple. In highly graphic language, the messages, received between Jan. 11 and Jan. 15, threatened physical violence against one of the recipients and expressed morbid joy at the prospect of cancer afflicting the other recipient. Included in the profane terms directed toward the family was the repeated use of an ethnic slur.

            Yochim admitted that the messages served no legal or legitimate purpose and were intended to harass and intimidate the victims.

            Yochim faces up to five years in prison.

            The FBI Albuquerque Field Office investigated this case. Assistant U.S. Attorney Samuel A Hurtado is prosecuting the case.

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ALBUQUERQUE, N.M. – Brittany Huizar, 20, of Santa Fe, New Mexico, was sentenced in federal court today to eight months in prison and three years of supervised release for assault resulting in substantial bodily injury. A grand jury indicted Huizar on Nov. 4, 2020, and Huizar pleaded guilty on March 31.

            In her plea, Huizar admitted that during the evening of Dec. 31, 2019, she was hanging out with a group of younger boys and girls, including the victim, an enrolled member of Nambe Pueblo who was 13-years old at the time. At about midnight, the group drove to an Española park, located on the Santa Clara Pueblo in Rio Arriba County, New Mexico. At the park, a group of the girls, including Huizar, jumped the victim, identified in court records as Jane Doe. Huizar admitted to hitting and kicking Jane Doe.

            After the first attack, Jane Doe was ordered to get into the trunk before the group proceeded toward Chimayo, where they again assaulted Jane Doe, and Huizar admitted to slamming the victim’s head against the side of the car. Jane Doe again was ordered to get into the trunk and the group drove to La Mesilla, New Mexico, where the victim escaped. Jane Doe was treated by emergency medical personnel for a left knee sprain and numerous contusions, scrapes and bruises to her head, chest and body.

            The Santa Fe Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the New Mexico State Police and the Española Police Department. Assistant U.S. Attorney Kyle Nayback prosecuted the case.

ALBUQUERQUE, N.M. – Tonya Mae Dale, 29, an enrolled member of the Navajo Nation, was sentenced in federal court on Oct. 25 to five years in prison for involuntary manslaughter in Indian Country. Dale pleaded guilty on March 24.

      According to the plea agreement and other court records, Dale committed the offense in San Juan County on or about June 26, 2019, and continuing to June 28, 2019. Dale admitted to driving at night while intoxicated with her children in the vehicle, and her intoxication contributed to her vehicle becoming stuck on June 26. The next day, Dale decided to leave her vehicle and began walking. At some point, she decided to leave her children, a baby and a young child, and seek help on her own.  When she returned with assistance to the location she had left her children, only the baby was still there. The other child had wandered away. Despite a multiagency search of the area for the young boy, he was found deceased the following day.

      Upon her release from prison, Dale will be subject to two years of supervised release.

      The FBI investigated this case with assistance from the Navajo Nation Police Department. Assistant U.S. Attorney Nicholas Marshall prosecuted the case.

ALBUQUERQUE, N.M. – Lyle Woody Begay, 35, of Navajo, New Mexico, and an enrolled member of the Navajo Nation, was sentenced on Oct. 25 in federal court to 15 years in prison for abusive sexual contact of a minor in Indian Country.

            Begay pleaded guilty to the offense on Oct. 9, 2020. In his plea agreement, Begay admitted that for more than a seven-year period he engaged in intentional and unlawful sexual contact with a female minor under the age of twelve with the intent to abuse, humiliate, harass, degrade, arouse or gratify sexual desire. Begay committed the crime at the victim’s home in McKinley County, New Mexico, on the Navajo Nation.

            Upon his release from prison, Begay will be subject to ten years of supervised release and must register as a sex offender.

            The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Criminal Investigations. Assistant U.S. Attorney Novaline D. Wilson and Supervisory Assistant U.S. Attorney Kyle T. Nayback prosecuted the case.

ALBUQUERQUE, N.M. – Joel Aguilar Villanueva, 45, of Las Cruces, New Mexico, was sentenced today in federal court to 11 years and three months in prison for transportation of a visual image of a minor engaging in sexually explicit conduct.  Villanueva pleaded guilty on Nov. 8, 2019.

According to the plea agreement and other court records, on Oct. 23, 2018, Villanueva, who was the principal of a middle school in Las Cruces, uploaded a video from an electronic device to Twitter. The video depicted a child engaged in a sexual act with an adult, and was posted with the comment “aprenden rapido,” which translates to English as, “they learn fast.” 

Upon his release from prison, Villanueva will be subject to five years of supervised release and must register as a sex offender.

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

ALBUQUERQUE, N.M. – Charles Bruce Sandidge, 40, of Edgewood, New Mexico, was sentenced in federal court on Oct. 22 to two years in prison for wire fraud and fraud in connection with computers. Sandidge pleaded guilty on Sept. 17, 2018.

            According to his plea agreement and other court records, from Aug. 14, 2017, through Nov. 15, 2017, Sandidge defrauded a victim through unauthorized access to financial accounts. Through an ad on the Craig’s List website, the victim hired Sandidge to perform video photography and editing. The victim allowed Sandidge access to a personal computer to perform the work. Without permission or authorization, Sandidge accessed the victim’s Paypal account to transfer money to his own account, totaling approximately $135,650 in stolen money and fees.

            In addition to his prison sentence, Sandidge must pay $97,298.98 in restitution and, upon his release from prison, will be subject to three years of supervised release.

           The FBI investigated this case.  Assistant United States Attorney Kimberly Brawley prosecuted the case.

ALBUQUERQUE, N.M. – Manison Largo, 42, of Church Rock, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty on Oct.19 in federal court to abusive sexual contact with a child. Largo will remain in custody pending sentencing, which has not been scheduled.

            According to his plea and other court records, on multiple occasions between August 2017 and March 2018, Largo sexually abused the victim, who is also an enrolled member of the Navajo Nation. During the course of the abuse, which occurred at Largo’s residence in Church Rock on the Navajo Nation, the victim had not attained the age of 12. The victim was able to borrow a phone and called 911 to report the abuse.

            Largo faces up to life in prison and must register as a sex offender.

            The FBI investigated this case with assistance from the Navajo Police Department. Assistant U.S. Alexander F. Flores is prosecuting the case.

ALBUQUERQUE, N.M. – Roberto Carlos Cervantes, 27, of Chaparral, New Mexico, was sentenced today in federal court to 19 years and seven months in prison for kidnapping. Upon his release from prison, Cervantes will be subject to three years of supervised release.

According to the plea agreement and other public court documents, he and four co-defendants abducted the victim from a travel center in Mescalero, New Mexico, on April 4, 2019.  Cervantes and Joshua Bowen, 28, of Alto, New Mexico, each had a firearm at the time.  Cervantes hit the victim in the face several times.  They also tied and bound the victim in an attempted robbery. 

Cervantes and his co-defendants took the victim to Chaparral where the co-defendants tried to withdraw money from the victim’s bank account with a debit card.  From there, Bowen took the victim to a bank in El Paso, Texas, where Bowen ordered the victim to pretend to be Bowen’s grandfather and change the PIN for the victim’s ATM card. After changing the PIN, Bowen transported the victim back to New Mexico where the co-defendants obtained money from the victim’s bank account. 

Cervantes and his co-defendants checked into a hotel in Las Cruces, New Mexico, on April 5, 2019, where they prevented the victim from leaving. Cervantes and co-defendant Alison Comstock, 28, of Carrizozo, New Mexico, left the hotel on April 6,2019, and Bowen and co-defendant Brittany Priddy, 30, of Ruidoso, New Mexico, left on April 7, 2019. On April 8, 2019, the victim managed to call his son and tell him where he was. An officer from the Las Cruces Police Department responded and rescued the victim. 

Bowen pleaded guilty on June 25, 2020, and was sentenced to 12 years and seven months in prison. Priddy pleaded guilty to kidnapping on April 28 and was sentenced to eight years and one month in prison. Derek Welborn, 30, of Ruidoso Downs, New Mexico, pleaded guilty to kidnapping on April 30 and was sentenced to 10 years in prison. Cervantes and Comstock pleaded guilty to kidnapping on May 19, and Comstock was sentenced to ten years and one month in prison.

The FBI investigated this case with the New Mexico State Police, Ruidoso Downs Police Department, Las Cruces Police Department and Dona Ana Sheriff’s Office. Assistant U.S. Attorneys Marisa A. Ong and Matilda McCarthy Villalobos prosecuted the case. 

ALBUQERQUE, N.M. – Robert Haack, 55, of Los Angeles, California, pleaded guilty in federal court on Oct. 19 to violations of the Indian Arts and Crafts Act and wire fraud.

     According to the plea agreement, on Apr. 4, 2013, Haack listed and sold a fake piece of Native American jewelry online, claiming it to be made and signed by a famed Hopi Tribe artisan, Charles Loloma, to an undercover law enforcement agent. On June 15, 2014, Haack again listed and sold another fake piece of Native American jewelry online to an undercover law enforcement agent.

     Haack is currently out of custody awaiting sentencing. He faces up to 20 years in prison.

     The U.S. Department of Fish and Wildlife, Office of Law Enforcement investigated this case with assistance from the Indians Arts and Crafts Board. Assistant U.S. Attorneys Frederick T. Mendenhall and Nicholas Marshall are prosecuting the case.

ALBUQUERQUE, N.M. – Shilo Aaron Oldrock, 28, of Fargo, North Dakota, and an enrolled member of the Navajo Nation, made an initial appearance in federal court on Oct. 15 on a charge of murder in Indian Country. Oldrock has waived a preliminary and detention hearing and will remain in custody pending trial.

            According to a criminal complaint, on Oct. 10, Oldrock allegedly murdered John Doe at a residence in McKinley County, New Mexico, on the Navajo Nation. Oldrock allegedly attacked John Doe with an axe, decapitating him. Oldrock allegedly burned John Doe’s head in a wood stove, then fled the crime scene.

            A complaint is only an allegation.  A defendant is presumed innocent unless and until proven guilty. Oldrock faces up to life in prison if convicted of the charged offense.

            The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department, the McKinley County Sheriff’s Office, and the Gallup Police Department. Assistant U.S. Attorney David P. Cowen is prosecuting the case.

ALBUQUERQUE, N.M. – Roy Thundercloud, 40, of Albuquerque, was sentenced in federal court today to five years and 10 months in prison. Thundercloud pleaded guilty on March 26 to being a felon in possession of a firearm and ammunition.

            According to his plea agreement and other court records, on May 31, 2020, Thundercloud fired a rifle several times from a window of his apartment near Albuquerque High School. Thundercloud also tried to dispose of the spent rifle casings by throwing them in the apartment complex’s dumpster. Thundercloud eventually surrendered after police responded to the scene.

Thundercloud was previously convicted of possession with intent to distribute marijuana, burglary and aggravated driving while intoxicated. As a previously convicted felon, Thundercloud cannot legally possess a firearm or ammunition.

            Upon his release from prison, Thundercloud will be subject to three years of supervised release.

           The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department investigated this case with assistance from the Multi-Agency Task Force.  The United States Attorney’s Office for the District of New Mexico prosecuted the case.

ALBUQUERQUE, N.M. – Guy Rosenschein, 68, of Albuquerque, pleaded guilty in federal court on Oct. 15 to seven counts of distribution of visual depictions of minors engaged in sexually explicit conduct and one count of possession of visual depictions of minors engaged in sexually explicit conduct. Rosenschein will remain in custody pending sentencing, which has not been scheduled.

            According to the plea agreement and other court records, on several occasions in 2016, Rosenschein, who at the time was a pediatric surgeon at Presbyterian Hospital in Albuquerque, used a Yahoo! email account to distribute child pornography. On Nov. 8, 2016, during the execution of a search warrant, investigators found Rosenschein in possession of numerous devices containing child pornography. Investigators identified over 19,000 images and 2,000 videos of child pornography in Rosenschein’s possession, of which law enforcement confirmed that 3,000 images and 197 videos depicted previously-identified minor children engaged in sexually explicit conduct.

             Under the terms of the plea agreement, Rosenschein faces over 17 years in prison followed by a minimum term of five years of supervised release and will be required to register as a sex offender. Additionally, Rosenschein has agreed to pay $125,000 in restitution, which will be distributed to requesting victims depicted on the material recovered on his seized devices.

             The FBI Albuquerque Field Office and the Bernalillo County Sheriff’s Office investigated this case with assistance from the Regional Computer Forensic Laboratory. Assistant U.S. Attorneys Sarah J. Mease, Holland S. Kastrin and Stephen A. White are prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

ALBUQUERQUE, N.M. – Thomas Joseph Miller, 34, of Hanover, New Mexico, appeared in federal court on Oct. 15 for a detention hearing, charged with illegally possessing destructive devices and ammunition. Miller will remain in custody pending trial.

​            According to a criminal complaint, on Sept. 28, Miller allegedly was found in possession of several “pipe bombs,” considered destructive devices, and various rounds of ammunition in multiple calibers. At the time, Miller was subject to an order of protection and could not legally possess a firearm or ammunition. Miller did not possess a license to manufacture explosives or destructive devices.

            A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Miller faces up to 10 years in prison.

            The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Grant County Sheriff’s Department and the Doña Ana County Bomb Squad. Assistant U.S. Attorney Ry Ellison and Maria Armijo are prosecuting the case.

ALBUQERQUE, N.M. – Samuel Perez, 34, of Albuquerque, was sentenced in federal court on Sept. 22 to seven years in prison for using, carrying and brandishing a firearm during and in relation to a crime of violence. Perez pleaded guilty on Jan. 8.

According to the plea agreement and other court records, on June 28, 2018, Perez robbed a gas station convenience store. He entered the store with an accomplice, brandished a gun and demanded money and merchandise from an employee.

Upon completion of his sentence, Perez will be subject to three years of supervised release.

Co-defendant Jared Barnhill pleaded guilty on March 23, 2020, to interference with interstate commerce by robbery and violence, and was sentenced on Jan. 6 to 18 years in prison. Another co-defendant, Jeyden Barnhill, pleaded guilty on Oct. 24, 2019, to interference with interstate commerce by robbery and violence, and was sentenced on Feb 5, 2020, to three years and 10 months in prison.

The FBI investigated this case with assistance from the Albuquerque Police Department. Special Assistant U.S. Attorney Thomas A. Outler prosecuted the case as part of Project Safe Neighborhoods, a nationwide initiative that brings together federal, state, local and tribal law enforcement officials, prosecutors, and community leaders to identify the most pressing violent crime problems in a community and develop comprehensive solutions to address them.

ALBUQERQUE, N.M. – Ryan Cook, 45, of Albuquerque, was sentenced in federal court on Sep. 28 to one year and six months in prison for possession of an unregistered firearm. Cook pleaded guilty on Oct. 28, 2020.

According to his plea agreement and other court records, on June 24, 2020, law enforcement received a call from Cook’s roommate about an explosive device in Cook’s possession at their shared residence in Los Lunas, New Mexico. After a standoff with the local SWAT team, Cook surrendered and was arrested. Law enforcement located and secured the destructive device.

Upon his release from prison, Cook will be subject to three years of supervised release.

The Bureau of Alcohol, Tobacco, Firearms and Explosives, investigated this case. Assistant U.S. Attorney Samuel Hurtado prosecuted the case

ALBUQUERQUE, N.M. – Quinten Smith, 21, of Mexican Springs, New Mexico, and an enrolled member of the Navajo Nation, was charged in federal court on Oct. 4 with murder in Indian Country. Smith will remain in custody pending trial.

​            According to a criminal complaint, on Sept. 24, Smith and others allegedly went to the home of the victim, identified as John Doe, to confront him. When they arrived at the home, a physical altercation allegedly ensued. During the fight, Smith allegedly stabbed the victim multiple times in the back with a pocketknife. Smith and the others allegedly fled the home immediately.

            John Doe, who was also an enrolled member of the Navajo Nation, was found deceased in his home later that day. The killing occurred on the Navajo Nation.

            A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Smith faces life in prison.

            The Gallup Resident Agency of the FBI Albuquerque Field Office and the Navajo Police Department investigated this case. Assistant U.S. Attorney Nicholas J. Marshall is prosecuting the case.

ALBUQERQUE, N.M. – Elijio Saenz, 27, of Albuquerque, was sentenced in federal court on Sept. 22 to three years in prison for being a felon in possession of a firearm. Saenz pleaded guilty on Apr. 13.

            According to the plea agreement and other court records, on Nov. 19, 2019, law enforcement responded to a shooting at Saenz’s residence in Bernalillo, County, New Mexico. Law enforcement learned that Saenz had shot his own leg but was unaware of the injury at the time due to his legs being paralyzed. Law enforcement located the loaded firearm and arrested Saenz for an outstanding warrant by the New Mexico Corrections Department Division of Probation and Parole for absconding.

            At the time of the incident, Saenz had two previous felony convictions for child abuse. As a previously convicted felon, Saenz cannot legally possess a firearm or ammunition.

            Upon completion of his sentence, Saenz will be subject to three years of supervised release.

            The FBI Violent Crimes Task Force and the Albuquerque Police Department investigated this case. Assistant U.S. Attorneys David M. Walsh and Nicholas Mote prosecuted the case

ALBUQUERQUE, N.M. – Rumaldo Peshlakai, 40, of Tsayatoh, New Mexico, and an enrolled member of the Navajo Nation, appeared in federal court today for a preliminary hearing on a charge of being a felon in possession of a firearm and ammunition. Peshlakai will remain in custody pending trial.

​            According to a criminal complaint, on Sept. 23, Peshlakai and Jane Doe allegedly were involved in a domestic dispute at a residence in Tsayatoh. Peshlakai allegedly left the residence with their four children. At the time of the incident, Peshlakai allegedly was in possession of a firearm and ammunition. The children, who were unharmed, were recovered by law enforcement. Peshlakai was arrested on Sept. 24.

            Peshlakai was convicted in 2001 of assault by striking, beating or wounding and assault resulting in serious bodily injury, and in 2006 for being a felon in possession of ammunition. As a previously convicted felon, Peshlakai cannot legally possess firearms or ammunition.

            A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Peshlakai faces up to 10 years in prison.

            The Gallup Resident Agency of the FBI Albuquerque Field Office and the Navajo Police Department investigated this case with assistance from the FBI Phoenix Field Office, New Mexico State Police, Navajo Police Department, McKinley County Sheriff's Office and Bernalillo County Sheriff's Office. Assistant U.S. Attorney Thomas Aliberti is prosecuting the case.

ALBUQUERQUE, N.M.  –  A federal jury returned a guilty verdict on Sept. 29 against Rhonda Quintana, 39, of Albuquerque, on one count of aiding and abetting and bank robbery. Quintana will remain on conditions of release pending sentencing, which has not been scheduled.

      According to a federal indictment and other court records, on March 13, 2018, Quintana drove James Verdream to the Rio Grande Credit Union on 4th Street NW in Albuquerque. Verdream entered the credit union and passed a demand note to a teller. Verdream took money from the teller, returned to the car, and fled with Quintana.

      Verdream pleaded guilty on Dec. 27, 2018, and was sentenced to 10 years in prison. Quintana faces up to 20 years in prison.

      The FBI investigated the case with assistance from the United Stated Marshals Service. Assistant U.S. Attorneys Paul Mysliwiec and Jaymie Roybal are prosecuting the case.

ALBUQUERQUE, N.M. – Blaine Morgan, 36, of Crownpoint, New Mexico, and an enrolled member of the Navajo Nation, was sentenced in federal court on Sept. 24 to one year and six months in prison for involuntary manslaughter in Indian Country.

            Morgan pleaded guilty on May 25. In his plea agreement, Morgan admitted that on March 29, 2020, he was at a gathering where he and John Doe consumed alcohol. A dispute between the two escalated into a physical fight, during which Morgan stabbed John Doe. John Doe later died from the injuries inflicted by Morgan. The incident took place in Church Rock, New Mexico, on Navajo Nation.

            Upon his release from prison, Morgan 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 Navajo Nation Police Department. The Office of the United States Attorney for the District of New Mexico prosecuted the case.

ALBUQUERQUE, N.M. – Nathan Thomas, 45, of Pueblo Pintado, New Mexico, and an enrolled member of the Navajo Nation, was sentenced on Sept. 22 in federal court to 12 years in prison for abusive sexual contact of a minor in Indian Country.

            Thomas pleaded guilty on Nov. 4, 2020. In his plea, Thomas admitted that on Aug. 1, 2007, and July 21, 2010, he knowingly engaged in and caused sexual contact with Jane Doe, who at the time of both incidents was under the age of 12. Thomas committed the offense at his family home in San Juan County, New Mexico, on the Navajo Nation.

            Upon his release from prison, Thomas will be subject to three years of supervised release and must register as a sex offender.

            The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Bureau of Indian Affairs and the Navajo Police Department. Assistant U.S. Attorney Kyle Nayback prosecuted the case.

ALBUQUERQUE, N.M. – Daniel Gonzales, 33, of Hereford, Texas, was sentenced in federal court on Sept. 20 to 18 years in prison for armed robbery and possession, brandishing and discharge of a firearm in furtherance of a violent crime resulting in death.

            According to his plea agreement and other court records, on February 1, 2018, Gonzales and others, including co-defendant Daniel Martinez, 34, drove to a gas station in Edgewood, New Mexico, intending to rob it. Gonzales entered the gas station kiosk and took money from the counter while pointing a pistol at the attendant.  The attendant followed Gonzales out of the kiosk and attempted to grab him, when a gunshot from inside Gonzales’ vehicle struck and killed the attendant. Gonzales, Martinez and the others in the vehicle fled.

            Martinez is still awaiting trial. A defendant is presumed innocent unless and until proven guilty.

            Upon his release from prison, Gonzales will be subject to three years of supervised release.

            The Bureau of Alcohol, Tobacco, Firearms and Explosives and the New Mexico State Police investigated this case. Assistant U.S. Attorney Paul Mysliwiec prosecuted the case.

ALBUQUERQUE, N.M. – On Sept. 16, a federal jury in Las Cruces, New Mexico, found Angel DeLeon, 43, of Mexico, guilty of murder. DeLeon will remain in custody pending sentencing, which has not been scheduled.

             According to court records, DeLeon, along with Joe Lawrence Gallegos, 52, and Edward Troup, 50, killed another inmate, identified as “FC,” in the Southern New Mexico Correctional Facility (“SNMCF”) in Doña Ana County, New Mexico on March 26, 2001, by using a cord from a laundry bag to strangle him. Another inmate, identified in court records as “RG,” was also killed by strangulation at SNMCF on that same date. The killings were carried out on the orders of Billy “Wild Bill” Garcia, 66, of Albuquerque, acting in his capacity as a leader of the Syndicato de Nuevo Mexico (SNM) prison gang.

            Garcia, Troup and Gallegos were found guilty on May 25, 2018.  Garcia was sentenced to life in prison on June 11, 2019. Troup was sentenced to life in prison on Nov. 6, 2018. Gallegos was sentenced to life in prison on April 21, 2020.

            DeLeon, a Mexican national, was arrested on October 4, 2019, after being extradited from Mexico to the United States for trial. DeLeon faces life in prison.

            The SNM is an ultra-violent criminal organization whose members, prospects and associates engage in acts of violence and other criminal activities, including murder, attempted murder, kidnapping and conspiracy to manufacture and distribute narcotics. Members have admitted in court that the organization engages in racketeering activity.

            The FBI, the New Mexico State Police, and the New Mexico Corrections Department investigated this case. The Justice Department’s Office of International Affairs provided substantial assistance in securing DeLeon’s arrest and extradition from Mexico.   Assistant United States Attorneys from the Las Cruces branch of the U.S. Attorney’s Office for the District of New Mexico prosecuted the case.

ALBUQUERQUE, N.M. – Garrett Neal, 28, of Sheep Springs, New Mexico, and an enrolled member of the Navajo Nation, was sentenced in federal court on Sept. 16 to 15 years in prison on a conviction for second-degree murder in Indian Country.

Neal pleaded guilty on Oct. 29, 2020. According to the plea agreement, Neal and an accomplice engaged in a fight with a man in Sheep Springs, on the Navajo Nation. During the fight, Neal punched and kicked the man while he was on the ground and hit him with brass knuckles and rocks in his head and throat, causing him to sustain fatal injuries. Neal admitted that he was aware the victim was trying to breathe, had that he had attempted to run away and did not fight back. The victim died at the scene as a result of the beating.

Upon his release from prison, Neal will be subject to five years of supervised release.

The FBI investigated this case with assistance from the Navajo Nation Division of Public Safety.  Assistant United States Attorney Novaline D. Wilson prosecuted the case.

ALBUQUERQUE, N.M. – Simeon Atcitty, 38, of Shiprock, New Mexico, was sentenced Sept. 10 in federal court to nine years in prison for second degree murder in Indian Country. Atcitty pleaded guilty on April 8. 

            According to his plea agreement, on June 19, 2020, Atcitty became angry with the victim, identified on court records as John Doe, and began striking John Doe in the head and chest until he was seriously injured. Atcitty continued to strike the victim until he was no longer moving. Atcitty then wrapped John Doe’s body and left the home. Law enforcement discovered John Doe’s body about a week later. The killing occurred at Atcitty’s home in San Juan County, New Mexico, on the Navajo Nation.

            Upon his release from prison, Atcitty will be subject to five years of supervised release.

            The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department.   Assistant U.S. Attorney Nicholas Marshall prosecuted the case.

ALBUQUERQUE, N.M. – Allister Quintana, 26, of the Jicarilla Apache Tribe, was sentenced on Sept. 17 in federal court to 33 years and nine months in prison for second degree murder in Indian Country. Quintana pleaded on Jan. 22, 2020. 

            In his plea agreement, Quintana admitted to restraining and confining John Doe in a closet, causing his death. The killing occurred in Rio Arriba County, New Mexico, on the Jicarilla Apache Indian Reservation. 

            Upon his release from prison, Quintana will be subject to five years of supervised release.

            The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from Jicarilla Apache Police Department.  Assistant U.S. Attorneys Joseph Spindle and Frederick Mendenhall prosecuted the case.

ALBUQUERQUE, NM – Patrick Duran, 32, of Albuquerque and formerly of Dulce, New Mexico, was sentenced on Sept. 20 in federal court to five years in prison for assault resulting in serious bodily injury in Indian Country.

            Duran, a non-Indian, pleaded guilty on Aug. 26, 2020. In his plea agreement, Duran admitted that on Sept. 28, 2014, he assaulted John Doe, an Indian child, by acting roughly with him and caused Doe to suffer serious bodily injury including internal head injuries, seizures and hospitalization. The incident took place on the Jicarilla Apache Indian Reservation in Rio Arriba County, New Mexico.

            Upon his release from prison, Duran will be subject to three years of supervised release.

            The Farmington Resident Agency of the FBI Albuquerque Field Office and the Jicarilla Apache Police Department investigated this case.  Assistant U.S. Attorneys Kyle Nayback and Nicholas Marshall prosecuted the case.

ALBUQUERQUE, N.M. – Ryan Franklin, 35, of Albuquerque, was arraigned on Sept. 8 in federal court on a two-count indictment charging him with assaulting a federal officer resulting in bodily injury.

​            According to the indictment, on Dec. 20, 2020, Franklin allegedly forcibly assaulted, resisted, opposed, impeded, intimidated and interfered with two Isleta Pueblo Police Officers while the officers were engaged in official duties in Bernalillo County, New Mexico. Both officers are considered federal officers by virtue of special law enforcement commissions issued by the Bureau of Indian Affairs. Franklin’s alleged assault resulted in bodily injury to both officers.

            An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Franklin faces up to 20 years in prison.

            The Bureau Indian Affairs investigated this case. Assistant U.S. Attorney Alexander F. Flores is prosecuting the case.

ALBUQUERQUE, N.M.  –  Following a five-day trial, a federal jury returned a guilty verdict on Sept. 17 against Julian Lucas Garcia III, 33, of El Guique, New Mexico, on one count of assault resulting in serious bodily injury, one count of operating an off-highway vehicle while under the influence of intoxicating liquor or drugs resulting in bodily injury, and one count of operating an off-highway vehicle on a paved road resulting in bodily injury. Garcia will remain in custody pending sentencing, which is scheduled for Jan. 18, 2022.

  The jury heard evidence and testimony that on July 4, 2019, on the Ohkay Owingeh Pueblo, Garcia, a non-Indian, was recklessly driving an ATV without headlights in dark conditions through an area crowded with people waiting to watch a Fourth of July fireworks celebration at the Ohkay Owingeh Casino. Jane Doe, an enrolled member of the San Ildefonso Pueblo, was parked with hundreds of other onlookers on the shoulders of a road south of the casino. 

  After dark and immediately before the fireworks began, Jane Doe was crossing the two-lane, paved road when Garcia revved his engine and accelerated. Garcia struck Jane Doe, throwing her into the air and 69 feet down the road. As a result of the impact, Jane Doe was seriously injured and suffered traumatic brain injury, broken ribs, and a knee injury requiring a skin graft. Jane Doe was initially transported to Presbyterian Española Hospital, then immediately flown to the University of New Mexico Hospital’s Trauma Center for life-saving treatment. The injuries required months of treatment in intensive care and multiple surgeries. Jane Doe remains wheelchair-bound, suffers from short- and long-term memory loss, and is unable to perform day-to-day functions to care for herself.

  Witnesses, including responding law enforcement, emergency medical personnel and hospital staff testified that Garcia smelled and appeared intoxicated. During questioning by law enforcement, Garcia refused his consent to provide a blood alcohol sample.

  Garcia faces a maximum of 10 years in prison for the assault resulting in serious bodily injury conviction and up to 364 days for each count relating to the operation of an off-highway vehicle.

  The Northern Pueblos Agency of the Bureau of Indian Affairs, the Office of Justice Services, the Ohkay Owingeh Tribal Police Department, and the New Mexico State Police investigated the case. Assistant U.S. Attorneys Alexander F. Flores and Kyle T. Nayback are prosecuting the case.

ALBUQUERQUE, N.M. – Troy Livingston, 21, of Bread Springs, New Mexico, and an enrolled member of the Navajo Nation, was sentenced in federal court on Sept. 8 to 20 years in prison for second degree murder in Indian Country. Upon his release from prison, Livingston will serve five years of supervised release.

According to his plea agreement and other court records, on April 6, 2019, Livingston beat Jane Doe, his girlfriend and the mother of his young child, with his hands, feet, and a metal flashlight, causing severe injuries to her head, face and body. Livingston admitted that he killed Jane Doe with malice aforethought and that he acted with callous and wanton disregard for human life. The murder took place at a residence located in McKinley County on the Navajo Nation.   

            The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department. Assistant U.S. Attorneys David P. Cowen and Frederick T. Mendenhall prosecuted the case.

# # #

ALBUQERQUE, N.M. – Brandon Charley, 36, of Prewitt, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty on Sept. 8 to voluntary manslaughter in Indian Country.

            In the plea agreement, Charley admitted that on June 24, 2018, he intentionally shot and killed John Doe in Prewitt on the Navajo Nation reservation. Charley also admitted that when he shot the victim, he did not have an objectively reasonable belief that anyone was in imminent danger.

            Charley is currently in custody pending sentencing, which has not been scheduled yet. He faces up to 15 years in prison.

            The Gallup Residency Agency of the FBI, New Mexico State Police, McKinley Sheriff’s Office and Navajo Nation Department of Public Safety investigated this case. Assistant U.S. Attorneys Joseph M. Spindle and Letitia C. Simms are prosecuting the case.

ALBUQERQUE, N.M. – Jonathan Jojola, 33, an enrolled member of the Isleta Pueblo, was arraigned on Sept. 8 in federal court on a two-count indictment charging him with assault of an intimate partner by strangling or suffocating and aggravated sexual abuse in Indian Country.

           According to the indictment, on March 28, Jojola allegedly engaged in a sexual act with the victim, identified in court records as Jane Doe, by the use of force. On March 29, Jojola allegedly assaulted Jane Doe by attempting to strangle and suffocate her. Both incidents allegedly occurred on the Isleta Pueblo in Bernalillo County, New Mexico.

           An indictment is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Jojola faces 10 years in prison.  

           The Isleta Pueblo Police Department investigated this case. Special Assistant U.S. Attorney Chelsea Van Deventer is prosecuting the case

ALBUQUERQUE, N.M. – Trudy Martinez, 30, of Bread Springs, New Mexico, and an enrolled member of the Navajo Nation, was sentenced on Sept. 10 in federal court to 19 years in prison for voluntary manslaughter and using a firearm during and in relation to a crime of violence in Indian Country. Martinez pleaded guilty on March 16, 2020.

            According to the plea agreement and other court records, Martinez shot Jane Doe, her sister-in-law, in the abdomen with an AR-15 assault rifle. Martinez hid the firearm in an arroyo and then remained at large for several days before being arrested while throwing a birthday party for one of her children in a park in Gallup, New Mexico. Martinez admitted that she intentionally killed Jane Doe while during an argument. The murder took place at a residence located in McKinley County on the Navajo Nation.

            Upon her release from prison, Martinez will be subject to five years of supervised release.

            The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department. Assistant U.S. Attorney Thomas J. Aliberti prosecuted the case.

ALBUQUERQUE, N.M. – Zayra Olivia Alvarado, 38, of Santa Fe, New Mexico, was sentenced on Sept. 8 to a year in federal prison after pleading guilty to five counts of theft of public money from the United States and one count of aiding and abetting the theft of public money from the United States. Alvarado pleaded guilty on Nov. 16, 2020.

          According to court records, in 2014 and 2015, Alvarado obtained U.S. Treasury tax refund checks that were fraudulently acquired. She used her position at Wells Fargo Bank to open accounts in the names of the people to whom the checks were issued or to search for accounts with names similar to those on the checks. Alvarado then either cashed the checks or deposited them into the accounts she had opened and withdrew funds from the accounts.

          In addition to her prison term, Alvarado must pay restitution of $23,195. Upon her release from prison, Alvarado will be subject to three years of supervised release.

          IRS Criminal Investigation investigated this case. Assistant U.S. Attorneys Kimberly Brawley and Steve Kotz prosecuted the case.

ALBUQERQUE, N.M. – Marty Manuelito, 46, of Albuquerque, and an enrolled member of the Navajo Nation, was sentenced in federal court on Aug. 13 to seven years in prison for assault resulting in serious bodily injury in Indian Country.

          Manuelito pleaded guilty on Nov. 5, 2020. According to the plea agreement, on Apr. 23, 2017, Manuelito and two accomplices assaulted John Doe at his residence on the Navajo Nation. Manuelito, along with Derwin Williams, 44, and Joelson Talk, 45, attacked the victim to retrieve a firearm. As a result of the attack, the victim suffered multiple lacerations to his forehead, mouth and wrist, a broken tooth, and fractures to his spine and nose. The victim also sustained a concussion and required immediate medical attention for his injuries.

          Upon completion of his sentence, Manuelito will be subject to three years of supervised release.

          Williams pleaded guilty on June 5, 2020, and was sentenced on Oct. 21, 2020, to three years in prison. Talk pleaded guilty on July 24, 2020, and on May 18 was sentenced to nine years and nine months in prison.

          The Farmington Resident Agency of the FBI Albuquerque Field Office and the Navajo Nation Police Department investigated this case. Assistant U.S. Attorney Nicholas Marshall prosecuted the case.

ALBUQUERQUE, N.M.  – Ruben Flores, 41, of Hobbs, New Mexico, was sentenced on Sept. 2 to six years in federal prison after pleading guilty to being a felon in possession of firearms and ammunition. Flores pleaded guilty on April 23.

According to court records, on July 5, 2019, law enforcement responded to reports of shots fired on Dunham Street in Hobbs. Later that day, officers investigating the incident located Flores in his vehicle with a rifle on his lap. During a search of the vehicle, officers found three more firearms and several rounds of ammunition.

At the time of the incident, Flores had previously been convicted of several felonies, including forgery, trafficking a controlled substance, receiving stolen property, battery on a peace officer, possession of a controlled substance, aggravated assault with a deadly weapon, aggravated fleeing of a law enforcement officer and possession of a firearm or explosive device by a felon. As a previously convicted felon, Flores cannot legally possess firearms or ammunition.

Upon his release from prison, Flores will be subject to three years of supervised release.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case with assistance from the Hobbs Police Department and the Lea County Sheriff’s Office. Assistant U.S. Attorneys Joni Autrey Stahl and Richard Williams prosecuted the case.

# # #

ALBUQERQUE, N.M. – Karla Pena, 33, of Albuquerque, was sentenced in federal court on Aug. 23 to 10 years in prison for distribution of methamphetamine and fentanyl.

          Pena pleaded guilty on Dec. 23, 2019. According to the plea agreement, from Jan. 15 to Jan. 24, 2019, Pena conspired with co-defendants Marysol Pena, 31, of Phoenix, Arizona, and Guillermo Rodriguez, 39, also of Phoenix, to sell methamphetamine and fentanyl to an undercover officer in Albuquerque. On Jan. 15, Pena sold an undercover officer 419 grams of methamphetamine and 97.3 grams of fentanyl in exchange for cash outside a Walmart parking lot. On Jan. 24, Pena sold the undercover officer more than 4.5 kilograms of methamphetamine and 76.9 grams of fentanyl pills in a suitcase that she wheeled into a motel room in Albuquerque.

          At the time of the investigation, Pena was on supervised release for a 2016 conviction for possession with intent to distribute heroin. 

          Upon completion of her sentence, Pena will be subject to five years of supervised release.

          Rodriguez pleaded guilty on Nov. 4, 2019, and was sentenced on May 19, 2020, to four years and two months in prison. Marysol Pena pleaded guilty on May 26, and was sentenced on Aug. 24 to a year and 11 months in prison and will be subject to three years of supervised release upon completion of her sentence.  

          The FBI and New Mexico State Police investigated this case. Assistant U.S. Attorney Matthew T. Nelson prosecuted this case.

ALBUQUERQUE, N.M. – Wallace Reid Rice, 29, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, appeared in federal court today for a preliminary hearing where he was charged with being a felon in possession of a firearm and ammunition. Rice will remain detained pending trial.

            According to a criminal complaint, on July 25, Rice allegedly was found in possession of a loaded 9mm handgun on the Mescalero Apache Reservation. In 2016, Rice was convicted of possession with intent to distribute a substance containing methamphetamine. As a previously convicted felon, Rice cannot legally possess a firearm or ammunition.

            A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Rice faces up to 10 years in prison.

            The Mescalero Agency of the Bureau of Indian Affairs is investigating this case with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Matilda McCarthy Villalobos is prosecuting the case.

ALBUQUERQUE, N.M. – Genaro Ramos, 35, of Albuquerque, appeared in federal court on Aug. 30 for a preliminary hearing where he was charged with transfer or possession of a machine gun. Ramos will remain detained pending trial.

            According to a criminal complaint, on Aug. 22, Ramos allegedly arranged to purchase four firearms, including a fully automatic machine gun. On Aug. 24, Ramos met the seller, who was an undercover agent, in Albuquerque. After discussing the firearms, Ramos allegedly paid the agreed amount in cash and took possession of the firearms. Agents arrested Ramos at the scene.

            A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Ramos faces up to 10 years in prison.

            The Bureau of Alcohol, Tobacco, Firearms and Explosives this case. Assistant United States Attorney Jaymie L. Roybal is prosecuting the case.

ALBUQUERQUE – Bryan Bull, 40, of Shiprock, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty in federal court on Aug. 30 to two counts of aggravated sexual abuse of a minor in Indian Country. 

            According to court documents, on June 3, 2019, Bull and Jeremiah Elijah Jim, 31, of Teec Nos Pos, Arizona, and an enrolled member of the Navajo Nation, used intimidation and force on then 14-year-old John Doe and sexually abused him.  The abuse took place in Shiprock on the Navajo Nation.

            Bull is currently in custody pending sentencing, which has not yet been scheduled.  By the terms of the plea agreement, Bull faces up to 18 years in prison. Jim pleaded guilty on April 5 and faces between 14 and 24 years in prison. A sentencing hearing for Jim is scheduled for Oct. 6.

            The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department. 

ALBUQUERQUE, N.M.  – Javier Jaquez, 50, of Albuquerque, was sentenced on Aug. 26 to 32 years in federal prison. On Sept. 18, 2020, Jaquez pleaded guilty to possession with intent to distribute 100 grams and more of heroin, possessing a firearm in furtherance of a drug trafficking crime, and being a felon in possession of firearms and ammunition.

          In his plea agreement, Jaquez admitted to conspiring with others to sell large amounts of methamphetamine in Albuquerque, which involved others acting at his direction beginning on August 18, 2017, when Jaquez sold one pound of methamphetamine through an intermediary. After several more transactions, Jaquez arranged to sell 20 pounds of methamphetamine on July 27, 2018. According to court records, when law enforcement moved to arrest Jaquez, he attempted to flee with accomplice Freddie Sanchez.

          Jaquez admitted to storing drugs at his business, Jaquez Brothers Trucking, including methamphetamine, cocaine, and over 100 grams of heroin. Jaquez also possessed a .45 caliber pistol and two rifles, as well as ammunition for the firearms. As a previously convicted felon, Jaquez cannot legally possess firearms or ammunition.

          Upon his release from prison, Jaquez will be subject to five years of supervised release.

          Sanchez pleaded guilty on Sept. 18, 2020, to possession with intent to distribute methamphetamine and using and carrying a firearm during and in relation to a drug trafficking crime and possessing a firearm in furtherance of such a crime. On March 19, Sanchez was sentenced to seven years and six months in prison, to be followed by five years of supervised release. A third co-conspirator, Kevin Garcia-Salas, pleaded guilty on Sept. 18, 2020, to conspiracy to commit drug trafficking and distribution of 50 grams and more of methamphetamine. On Feb. 24, Garcia-Salas was sentenced to three years and five months in prison, to be followed by three years of supervised release.

          The Albuquerque Office of the Drug Enforcement Administration’s El Paso Field Division investigated this case as part of the Organized Crime Drug Enforcement Task Forces (OCDETF). OCDETF is an independent component of the U.S. Department of Justice established in 1982 to combat transnational-organized-crime and to reduce the availability of illicit narcotics in the nation by using a prosecutor-led, multi-agency approach to enforcement. OCDETF leverages the resources and expertise of its partners in concentrated, coordinated, long-term enterprise investigations of transnational organized crime, money laundering and major drug trafficking networks.

          Assistant U.S. Attorney Paul Schied prosecuted the case.