District of New Mexico

ALBUQUERQUE – Manuel Herrera, 51, of Albuquerque, N.M., was sentenced today in federal court to 92 months in prison for being a felon in possession of a firearm and ammunition.  Herrera will be on supervised release for three years after completing his prison sentence.

Herrera was arrested in Jan. 2017, on an indictment charging him with being a felon in possession of a firearm and ammunition on Sept. 11, 2016, in Bernalillo County, N.M.  According to the indictment, Herrera was prohibited from possessing firearms or ammunition because of his prior felony convictions for forgery, aggravated driving while intoxicated, bribery and intimidation of a witness, being a felon in possession of a firearm, possession of a controlled substance, and aggravated assault with a deadly weapon.

On March 13, 2017, Herrera entered a guilty plea to the indictment. 

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sandoval County Sheriff’s Office.  Assistant U.S. Attorney Samuel A. Hurtado prosecuted the case as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution offenders with the goal of making communities in New Mexico safer places for people to live and work.

ALBUQUERQUE – The U.S. Attorney’s Office is participating in two Hate Crime Awareness Seminars sponsored by the Office of Navajo Nation Human Rights Commission on June 20 and 21, 2018, in Albuquerque, N.M.  The first seminar is taking place today at the Albuquerque Indian Center at 105 Texas Street SE, and the second takes place tomorrow at Albuquerque & Bernalillo County Government Center.

The U.S. Attorney’s Office is presenting on the federal prosecution of United States v. Paul Beebe, et al., 10-Cr-3104-MV (DNM), the first case to be charged under the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act (Shepard/Byrd Act).  Three men from San Juan County, N.M., were indicted by a federal grand jury in Nov. 2010 under this law, which was enacted in October 2009, for their racially motivated assault on a 22-year-old developmentally disabled man of Navajo descent.

Court records reflect that the defendants took the victim to an apartment in Farmington, N.M., which was adorned in racist paraphernalia, including a Nazi flag and a woven dream catcher with a swastika in it.  After the victim had fallen asleep, the defendants defaced the victim’s body by drawing on him with blue, red and black markers.  When the victim awoke, one of the defendants branded the victim, who sat with a towel in his mouth, by heating a wire hanger on a stove and burning the victim’s flesh, causing a permanent deep impression of a swastika in his skin.  The defendants used a cell phone to create a recording of the victim in which they coerced him to agree to be branded.

The defendants also defaced the victim’s body with white supremacist and anti-Native American symbols, including shaving a swastika in the back of the victim’s head and using markers to write the words “KKK” and “White Power” within the lines of the swastika.  They also mocked the victim’s heritage by drawing an ejaculating penis and testicles on the victim’s back, telling him that they were drawing his “native pride feathers,” all the while recording the incident on a cell phone to later play for law enforcement, as “proof” that the victim consented to their acts.

All three defendants subsequently pled guilty to violating the Shepard/Byrd Act and served prison sentences.

The case study will be presented by Assistant U.S. Attorney Roberto D. Ortega, who prosecuted the case, and Assistant U.S. Attorney Kyle T. Nayback, who supervises the Indian Country Crimes Section in the U.S. Attorney’s Office.

The agendas for the Hate Crime Awareness Seminars are attached.

Hate Crime Seminar Agenda

ALBUQUERQUE – Nicolas Robert Muniz, 27, of Monahans, Tex., was sentenced today in federal court in Las Cruces, N.M., to 120 months in prison followed by four years of supervised release for his conviction on drug trafficking and firearms charges.

Muniz was charged by criminal complaint on June 5, 2017, after law enforcement officers seized approximately 504 grams of methamphetamine, 50 grams of marijuana, and firearms and ammunition from Muniz’s vehicle during a routine traffic stop.  According to the complaint, the officers deployed a drug detection canine on Muniz’s vehicle after observing that Muniz was acting in a suspicious and nervous manner.  They searched the vehicle and found the drugs after the canine alerted to the presence of controlled substances in the vehicle.

Muniz and a co-defendant Michael Dwain Samples, 26, also from Monahans, were subsequently charged in a six-count indictment filed on Sept. 13, 2017.  The indictment charged the two men with participating in a methamphetamine distribution conspiracy and possessing methamphetamine with intent to distribute.  The indictment also charged Muniz and Samples with being felons in possession of a firearm and ammunition, and possessing firearms in relation to drug trafficking crimes.  According to the indictment, the defendants committed the offenses on May 16, 2017, in Lea County, N.M.  Samples and Muniz were prohibited from possessing firearms or ammunition because they were convicted felons.

On Jan. 16, 2018, Muniz pled guilty to a four-count felony information charging him with conspiracy to distribute methamphetamine, possession of methamphetamine with intent to distribute, being a felon in possession of a firearm and ammunition and possession of a firearm in furtherance of a drug trafficking crime.  In entering the guilty plea, Muniz admitted that on May 16, 2017, he agreed to drive Samples from Monahans to Carlsbad, N.M., to purchase approximately 469 grams of methamphetamine.  Muniz admitted having a loaded firearm under his seat of the vehicle he was driving, and that he possessed the firearm and ammunition despite his status as a convicted felon and for protection and in furtherance of his drug trafficking activities. 

On Oct. 31, 2017, Samples pled guilty to conspiracy to distribute methamphetamine, possession of methamphetamine with intent to distribute, and being a felon in possession of a firearm and ammunition.  In entering the guilty plea, Samples admitted that on May 16, 2017, he traveled from Monahans to Carlsbad, to purchase approximately 469 grams of methamphetamine with the intention of distributing the methamphetamine to others.  Samples further admitted that on May 16, 2017, he possessed a firearm and ammunition despite his status as a convicted felon.  Samples was sentenced on April 17, 2018, to ten years in prison followed by five years of supervised release.

This case was investigated by Homeland Security Investigations and the New Mexico State Police.  Assistant U.S. Attorney Brock E. Taylor and Special Assistant U.S. Attorney Joni L. Autrey of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

ALBUQUERQUE – Jesse Tucker, 36, of Tijeras, N.M., pled guilty today in federal court in Albuquerque, N.M., to fraud, identity theft and theft of mail charges, announced U.S. Attorney John C. Anderson and Inspector in Charge Melisa Llosa of the Phoenix Division of the U.S. Postal Inspection Service.

Tucker was charged in an indictment filed on Feb. 14, 2018, with eight counts of bank fraud, six counts of aggravated identity theft, and one count of theft or receipt of stolen mail.  The bank fraud counts alleged that between Nov. 2016 and May 2017, Tucker fraudulently obtained almost $70,000 through a scheme to defraud that involved the use of stolen personal identifiers, checks, and other financial instruments obtained from stolen mail.  The aggravated identity theft counts alleged that Tucker used the identities of others without lawful authority between Nov. 2016 and May 2017, and the theft or receipt of stolen mail count alleged that in June 2017, Tucker unlawfully possessed stolen mail, including checks and financial instruments, taken from a U.S. Postal depository in June 2017.  According to the indictment, Tucker committed these crimes in Bernalillo and Valencia Counties, N.M.

During today’s change of plea hearing, Tucker pled guilty to the eight bank fraud charges, two of the aggravated identity theft charges, and the theft or receipt of stolen mail charge.  In entering the guilty plea, Tucker admitted that between Nov. 2016 and May 2017, he used the personal identifiers of nine individuals, which he obtained from stolen mail, to create and obtain counterfeit identification cards and drivers’ licenses that but bore his photograph.  Tucker then used the fraudulent identification cards and licenses to falsify checks, complete credit applications, and apply for loans from financial institutions.  Tucker also admitted using the personal identifiers of others in his efforts fraudulently to obtain loans while knowing that they belonged to real people.  Tucker also acknowledged that on June 6, 2017, law enforcement found a large volume of stolen mail belonging to other individuals in his residence. 

At sentencing, Tucker faces a maximum penalty of 30 years of imprisonment on the bank fraud charges and a maximum penalty of five years of imprisonment on the stolen mail charge.  He also faces a mandatory minimum penalty of two years of imprisonment on the aggravated identity theft charges, which must be served consecutive to any other sentence imposed on the other fraud charges.  A sentencing hearing has yet to be scheduled.

The U.S. Postal Inspection Service investigated this case and it is being prosecuted by Assistant U.S. Attorney Holland S. Kastrin.

ALBUQUERQUE – Kingsley Ufembou Akendeu, 24, of Lubbock, Texas, pled guilty today in federal court in Albuquerque, N.M., to assaulting federal law enforcement officers in New Mexico.  Akendeu entered the guilty plea under a plea agreement that recommends a prison sentence within the range of 37 to 46 months followed by a term of supervised release to be determined by the court.

The DEA arrested Akendeu in Jan. 2018, and charged him by criminal complaint with possession of marijuana with intent to distribute and assaulting federal law enforcement officers during an interdiction investigation at a bus station in Albuquerque.  According to the complaint, Akendeu scratched, punched and bit a DEA Special Agent and a DEA Task Force Officer while resisting arrest after they found approximately 2.7 kilograms of marijuana in his luggage. 

Akendue subsequently was indicted on Jan. 23, 2018, and was charged with an assaulting a federal law enforcement officer offense.  The indictment was superseded on Feb. 27, 2018, to include a second assault on a federal officer charge.  The superseding indictment alleged that Akendue committed the crimes on Jan. 7, 2018, in Bernalillo County, N.M.

During today’s proceedings, Akendue pled guilty to the superseding indictment.  In entering the guilty plea, Akendue admitted that on Jan. 7, 2018, he assaulted a DEA Special Agent by scratching his face and punching him in the nose, while knowing that he was a law enforcement officer.  He also admitted assaulted a DEA Task Force Office by biting him but did not know that he was a law enforcement officer at the time of the assault. 

Akendue remains in custody pending a sentencing hearing, which has yet to be scheduled.

This case was investigated by the DEA and is being prosecuted by Assistant U.S. Attorney Norman Cairns.

ALBUQUERQUE – Monica Vega, 35, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking charges.  Vega’s plea agreement recommends a ten-year prison sentence followed by a term of supervised release to be determined by the court.

Vega was arrested on Nov. 17, 2017, on a three-count indictment charging her with methamphetamine trafficking and firearms offenses.  The indictment charged Vega with possessing methamphetamine with intent to distribute on April 20, 2017 and Oct. 20, 2017, and possessing a firearm in furtherance of a drug trafficking crime on April 20, 2017.  According to the indictment, Vega committed the crimes in Chaves County, N.M.

During today’s proceedings, Vega pled guilty to a two-count felony information charging her with possessing methamphetamine with intent to distribute.  In entering the guilty plea, Vega admitted that on April 20, 2017, law enforcement agents seized approximately 57.8 grams of methamphetamine, drug paraphernalia, and $1,083 while executing a search warrant at her residence.  Vega also admitted that on Oct. 19, 2017, New Mexico State Police officers seized approximately 33.6 grams of methamphetamine from her when they arrested her on a traffic violation.  Vega acknowledged that she planned to distribute the methamphetamine to others for money. 

Vega has been in federal custody since her arrest and remains detained pending her sentencing hearing, which has yet to be scheduled.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearm and Explosives, Homeland Security Investigations, the Roswell Police Department, New Mexico State Police and the HIDTA Chaves County Metro Narcotics Task Force.  Assistant U.S. Attorneys Dustin C. Segovia and John Balla of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.

The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office.  The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988.  HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

ALBUQUERQUE – Edgar Castillo-Alonso, 21, a Mexican national, pled guilty today in federal court in Las Cruces, N.M., to cocaine trafficking and child pornography charges arising out of seizures made on April 23, 2018, at the U.S. Border Patrol checkpoint on Highway 54 south of Alamogordo, N.M.

Castillo-Alonso was arrested in April 2018, on a criminal complaint charging him with possessing approximately 5.6 kilograms (12.4) pounds of cocaine with intent to distribute.  The criminal complaint alleged that U.S. Border Patrol agents seized the cocaine from a vehicle driven by Castillo-Alonso during an inspection at the U.S. Border Patrol checkpoint on Highway 54 south of Alamogordo, in Otero County, N.M.

During today’s change of plea hearing, Castillo-Alonso pled guilty to a three-count felony information charging him with conspiracy to distribute cocaine, possession of cocaine with intent to distribute, and possession of child pornography.  In his plea agreement, Castillo-Alonso admitted that on April 23, 2018, he transported approximately 5.6 kilograms of cocaine in Otero County, with the intention of delivering the cocaine to another person in exchange for money.  Castillo-Alonso admitted that the cocaine was concealed in a hidden compartment in his vehicle.  Castillo-Alonso also admitted possessing images of child pornography, which were stored on his cellular phone.

At sentencing, Castillo-Alonso faces a statutory mandatory minimum penalty of ten years and a maximum of life imprisonment on the cocaine trafficking charges, and a statutory maximum penalty of 20 years of imprisonment on the child pornography charge.  Castillo-Alonso will also be required to register as a sex offender after he completes his prison sentence.  He remains in custody pending a sentencing hearing, which has yet to be scheduled. 

This case was investigated by the Las Cruces offices of the DEA and FBI, and the U.S. Border Patrol.  Assistant U.S. Attorney Brock E. Taylor is 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 information about Project Safe Childhood, please visit http://www.justice.gov/psc/.  Individuals with information relating to suspected child predators and suspected child abuse are encouraged to contact the Children’s Advocacy Center at (575) 526-3437.

ALBUQUERQUE – Jennifer Rael, 39, of Albuquerque, N.M., made her initial appearance before U.S. Magistrate Judge Kirtan Khalsa in federal court this morning on a criminal complaint charging her with aiding and abetting armed bank robbery, and using a firearm in furtherance of a crime of violence.  Rael remains in custody pending a preliminary hearing and a detention hearing, both of which are scheduled for tomorrow morning.

The criminal complaint charges Rael with aiding and abetting the armed robbery of the Western Commerce Bank located at 1910 Wyoming Blvd. NW in Albuquerque on June 11, 2018.  According to the complaint, a female and a male were involved in the robbery and both were observed getting into a white U-Haul van.  Witnesses who viewed photographs from the bank surveillance video of the robbery identified Rael and Richard Rivera as the individuals involved in the robbery.

According to the complaint, FBI investigation revealed that Rael allegedly rented a van, which appears similar to the van on the bank surveillance video, on June 8, 2018, for 24-hours but failed to return it.  When the van was not returned, U-Haul reported the van stolen.

The complaint alleges that on June 16, 2018, the FBI received information that a Verizon store had been robbed.  The Albuquerque Police Department located Rael and Rivera in the van and pursued them to a grocery store where Rivera was shot and killed and Rael was arrested.

If convicted on the armed bank robbery charge, Rael faces a statutory maximum penalty of 25 years of imprisonment.  If convicted on the firearms charge, Rael faces a mandatory minimum of five years of imprisonment that must be served consecutive to any sentence imposed on the armed bank robbery charge.  Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

This case was investigated by the Albuquerque office of the FBI with assistance from the Albuquerque Police Department.  Assistant U.S. Attorney Jack E. Burkhead is prosecuting the case.

Rael Complaint

ALBUQUERQUE – Marcos A. Martinez, 31, of Roswell, N.M., pled guilty yesterday afternoon in in Las Cruces, N.M., to federal methamphetamine trafficking and firearms charges filed as the result of a multi-agency investigation into a criminal organization that was trafficking large quantities of methamphetamine and firearms in southeastern New Mexico.

The investigation, which was initiated by the DEA, ATF and the HIDTA Region VI Pecos Valley Drug Task Force, in spring 2017, initially targeted a methamphetamine trafficking organization operating in southeastern New Mexico supplied by Martinez, and also allegedly supplied by Daniel P. Bruton, 39, of Artesia, N.M.  The investigative team quickly expanded to include HSI, the U.S. Marshals Service, the U.S. Border Patrol, the New Mexico State Police, the Chaves County Metro Narcotics Task Force, and the Eddy County Sheriff’s Office, and the investigative targets expanded to include other alleged drug traffickers in Eddy and Chaves Counties.  The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.  During the investigation, law enforcement authorities seized more than 2.5 kilograms of methamphetamine and 44 firearms.

Martinez, Bruton and eight co-defendants were charged in a 34-count indictment filed on Oct. 3, 2017.  The indictment alleged that Martinez, Bruton and their co-defendants conspired to violate the federal narcotics trafficking and firearms laws from May 2017 through Oct. 2017 in Eddy and Chaves Counties and elsewhere in New Mexico.  The indictment includes 55 overt acts that discussed the conspiracy’s operations, including the quantities of methamphetamine, ranging from multiple ounces to five pounds, allegedly distributed by the defendants on a routine basis.  It also describes the firearms, including assault rifles that allegedly were to be smuggled into Mexico, allegedly used by the defendants in relation to their drug trafficking activities. 

During yesterday’s proceedings, Martinez pled guilty to all of the charges against him in the indictment, including a methamphetamine trafficking conspiracy count, four counts of using a communication facility in furtherance of drug trafficking crimes, two counts of possessing methamphetamine with intent to distribute, one count of distributing methamphetamine, and one count of smuggling goods from the United States.

In entering the guilty plea, Martinez admitted that on numerous occasions between May 2017 and Sept. 2017, he conspired with his co-conspirators to distribute more than 2,126.98 grams of methamphetamine in Eddy County and elsewhere.  Martinez also admitted that in Oct. 2017, he conspired with another individual to provide firearms to be illegally smuggled from the United States to Mexico but the firearms were seized from him by the police at a traffic stop while he was traveling from Roswell to Albuquerque, N.M.  Had the firearms not been seized, it was Martinez’s intention to take the firearms to California to be illegally exported to Mexico.

At sentencing, Martinez faces a statutory mandatory minimum penalty of ten years and a maximum of life in prison.  Martinez has been in custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. 

Four of Martinez’s co-defendants have entered guilty pleas:  Chelcy A. Vasquez, 26, of Dexter, N.M., pled guilty on Feb. 5, 2018; Erick L. Miranda-Santos, 22, of Artesia pled guilty on April 5, 2018; and Isela Hernandez, 26, of Roswell pled guilty on April 16, 2018.  Their sentencing hearings have yet to be scheduled.  Kenneth R. Dickerson, 56, of Carlsbad pled guilty on Feb. 20, 2018, and is currently scheduled for sentencing in June 2018.

The remaining five co-defendants have entered pleas of not guilty to the charges against them.  Charges in indictments and criminal complaints are only accusations.  Defendants are presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.

These cases were investigated by the DEA, ATF, HSI, the U.S. Marshals Service, the U.S. Border Patrol, the New Mexico State Police, the HIDTA Region VI Pecos Valley Drug Task Force, the HIDTA Region VI Chaves County Metro Narcotics Task Force, and the Eddy County Sheriff’s Office.  Assistant U.S. Attorneys Clara N. Cobos and Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the cases filed as the result of the investigation.

The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force.  The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office.  The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988.  HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

ALBUQUERQUE – Ronald George, 47, an enrolled member of the Navajo Nation who resides in Vanderwagon, N.M., pled guilty today in federal court in Albuquerque, N.M., to an abusive sexual contact charge.  George entered the guilty plea under a plea agreement that recommends that he be sentenced to a term of imprisonment within the range of 78 to 97 months followed by a term of supervised release to be determined by the court.  George will be required to register as a sex offender after completing his prison sentence.

George was arrested on April 18, 2017, on an indictment charging him with sexual abuse of a child under the age of 12 years between Feb. 4, 2014 and Sept. 21, 2015, on the Navajo Indian Reservation in McKinley County, N.M.

During today’s proceedings, George pled guilty to a felony information charging him with abusive sexual contact.  In entering the guilty plea, George admitted that between Feb. 4, 2014 and Sept. 21, 2015, he engaged in sexual contact with a child under the age of 12 years while on the Navajo Indian Reservation.  George remains in custody pending a sentencing hearing, which has yet to be scheduled.   

This case was investigated by the Gallup office of the FBI and is being prosecuted by Assistant U.S. Attorney Nicholas J. Marshall 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, as well as to identify and rescue victims.  For information about Project Safe Childhood, please visit http://www.justice.gov/psc/.

ALBUQUERQUE – Louis Garcia, 31, of Hobbs, N.M., was sentenced today in federal court in Las Cruces, N.M., to 15 years in prison for his conviction on drug trafficking and firearms charges.  Garcia will be on supervised release for eight years after completing his prison sentence.

Garcia was arrested in Dec. 2017, on a criminal complaint charging him with committing drug trafficking and firearms offenses on Nov. 20, 2017, in Lea County, N.M.  According to the criminal complaint, officers of the Hobbs Police Department found a loaded firearm, two ounces of methamphetamine, drug paraphernalia and $544 in Garcia’s vehicle during a routine traffic stop. 

On Feb. 21, 2018, Garcia pled guilty to a three-count felony information charging him with possession of methamphetamine with intent to distribute, carrying a firearm in relation to a drug trafficking crime, and being a felon in possession of a firearm.  In entering the guilty plea, Garcia admitted that on Nov. 20, 2017, he possessed approximately 54 grams of a mixture containing methamphetamine and a loaded handgun for protection in relation to his drug trafficking activity.  Garcia admitted that he was prohibited from possessing firearms or ammunition because of his prior methamphetamine trafficking conviction in 2007.

This case was investigated by the Las Cruces office of the DEA and the Hobbs Police Department and was prosecuted by Assistant U.S. Attorney John Balla of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Patrick Moquino, 39, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty this afternoon in federal court in Las Cruces, N.M., to an assault charge. 

Moquino was arrested on July 11, 2017, on a criminal complaint charging him with assaulting a Mescalero Apache man by punching and kicking the victim in the head.   Moquino subsequently was indicted on Nov. 8, 2017, and charged with assault resulting in serious bodily injury.  According to the indictment, Moquino committed the assault on March 14, 2017, on the Mescalero Apache Indian Reservation in Otero County, N.M.

During today’s proceedings, Moquino pled guilty to the indictment and admitted that on March 14, 2017, he assaulted the victim by punching and kicking the victim while the victim was lying on the ground.  Moquino further admitted that the victim suffered a fractured nasal bone and head trauma as the result of the assault.

At sentencing, Moquino faces a maximum penalty of ten years in federal prison.  A sentencing hearing has yet to be scheduled. 

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

ALBUQUERQUE – Officers of U.S. Customs and Border Protection (CBP) seized 335 pounds of methamphetamine and arrested two Mexican nationals during two border inspections at ports of entry in New Mexico last week announced U.S. Attorney John C. Anderson of New Mexico, Acting Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso, and Director of Field Operations Hector A. Mancha of U.S. Customs and Border Protection, El Paso Field Office.

CBP officers arrested Conception Rosas-Villafuerte, 30, on June 6, 2018, after seizing approximately 73.16 kilograms (161 pounds) of methamphetamine allegedly concealed in the tires of Rosas-Villafuerte’s vehicle.  According to the criminal complaint, the agents allegedly found the methamphetamine during an inspection at the U.S. Port of Entry in Santa Teresa in Dona Ana County, N.M. 

CBP officers arrested Jose Alfonso Zuniga-Barraza, 38, on June 8, 2018, after the officers seized approximately 79.4 kilograms (174.5 pounds) of methamphetamine allegedly concealed in Zuniga-Barraza’s vehicle while conducting an inspection at the U.S. Port of Entry in Antelope Wells in Hidalgo County, N.M.  According to the criminal complaint, the officers allegedly found approximately 150 bundles of methamphetamine concealed throughout Zuniga-Barraza’s vehicle.

Both men made their initial appearances in federal court in Las Cruces, N.M.  Rosas-Villafuerte made his initial appearance on June 8, 2018, and Zuniga-Barraza made his initial appearance on June 11, 2018.  Both men remain in federal custody pending preliminary hearings and detention hearings, which are scheduled for June 13, 2018 and June 14, 2018, respectively.

If convicted of the charges against them, each man faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison.  Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

The two cases were investigated by Homeland Security Investigations and the U.S. Customs and Border Protection, and are being prosecuted by Assistant U.S. Attorney Dustin C. Segovia of the U.S. Attorney’s Office Las Cruces Branch Office. 

ALBUQUERQUE – Robert D. Moreno, 38, of Ukiah, Calif., pled guilty today in federal court in Albuquerque, N.M., to marijuana trafficking and money laundering charges.  Moreno entered the guilty plea under a plea agreement that recommends that he be sentenced to not more than 20 months of imprisonment to be followed by a term of supervised release to be determined by the Court.

Moreno is one of ten defendants charged as the result of a two-year investigation by the FBI and IRS-Criminal Investigation into a drug trafficking organization led by Enrique Cavazos, 32, of Tijeras, N.M., that distributed high-grade marijuana throughout New Mexico and across the country.  The investigation revealed that the Cavazos drug trafficking organization cultivated and purchased high-grade marijuana in California, distributed the marijuana throughout the country, and laundered its drug proceeds through a number of businesses and bank accounts in New Mexico.

Moreno, Enrique Cavazos, his wife Lindsey Cavazos, 33, his father Felix Cavazos, 59, of Albuquerque, Joaquin Alaniz, 41, and Daniel Nieto, 30, both of Carlsbad, N.M., Eliberto Nava, 36, of Madera, Calif., and Antonio Ruelas, 32, of Rio Rancho, N.M., were charged by indictment in Nov. 2015, with marijuana trafficking and money laundering offenses.  The indictment charged the co-conspirators with participating in a marijuana trafficking conspiracy that existed from at least Jan. 2008 through Nov. 2015, and operated in the District of New Mexico and elsewhere.

According to court filings, Enrique Cavazos operated a marijuana trafficking business by directing his co-conspirators to purchase large quantities of marijuana in California and distribute the marijuana in New Mexico and other destinations across the country.  Lindsey Cavazos was responsible for keeping the books on businesses she and her husband established with proceeds from their marijuana trafficking activities and for the purpose of laundering their drug proceeds.  The couple engaged in a money laundering conspiracy and used bank accounts in the names of several of their businesses, including a restaurant and a car dealership, to launder their drug proceeds.

The indictment was superseded in Aug. 2016, to add money laundering charges against three new defendants:  Steven Becerra, 62, the owner of the Becerra Group Tax and Accounting Firm in Albuquerque, who previously was employed by the IRS for 18 years; Deborah Gutierrez, 55, who operated Automated Financial Technologies, which is no longer in business; and Glen F. Lucero, 66, a retired school teacher.  The superseding indictment also removed Felix Cavazos, Enrique Cavazos’s father who passed away after the original indictment was filed, from the list of defendants.

During today’s proceedings, Moreno pled guilty to a felony information charging him with conspiracy to distribute marijuana and conspiracy to commit money laundering.  In entering the guilty plea, Moreno admitted that from Jan. 2011 through Nov. 2015, he helped purchase a property in California with proceeds derived from the illegal sale of marijuana for the purpose of cultivating marijuana to be distributed in New Mexico and elsewhere.   A sentencing hearing for Moreno has yet to be scheduled.

Five of Moreno’s co-defendants have entered guilty pleas, and two have been sentenced.  Enrique Cavazos pled guilty on May 24, 2017, and was sentenced on May 9, 2018, to 72 months in federal prison followed by three years of supervised release.  Ruelas pled guilty on Sept. 8, 2017, and was sentenced on May 2, 2018, to 30 months in federal prison followed by three years of supervised release.  Lindsey A. Cavazos pled guilty on May 24, 2017, Nieto pled guilty on May 25, 2017, and Navia pled guilty on May 22, 2018.  Sentencing hearings for these three defendants have yet to be scheduled.

The remaining four defendants, who have entered not guilty pleas to the superseding indictment, are pending trial, which is currently scheduled for July 2018.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

The investigation of this case was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.  It was conducted by the Albuquerque offices of the FBI and IRS Criminal Investigation and the Albuquerque Police Department.  Assistant U.S. Attorneys Jennifer M. Rozzoni, Timothy S. Vasquez and Joel R. Meyers are prosecuting the case, and Assistant U.S. Attorney Stephen R. Kotz is handling the forfeiture matters.

ALBUQUERQUE – Anthony Phillips, 28, an enrolled member and resident of Acoma Pueblo, N.M., was sentenced today in federal court in Santa Fe, N.M., to 24 months in prison for his conviction on an assault charge.  Phillips will be on supervised release for three years after completing his prison sentence.

Phillips was arrested on March 30, 2017, on an indictment charging him with assault resulting in serious bodily injury on Jun 19, 2016, on the Acoma Indian Reservation in Cibola County, N.M.

On Oct. 13, 2017, Phillips pled guilty to the indictment and admitted that on June 19, 2016, on the Acoma Indian Reservation, he assaulted a Laguna Pueblo woman by wrapping his arms around her, kicking her legs out from under her, and taking her to the ground and handcuffing her.  The victim suffered an avulsion facture to her knee and a torn ACL as the result of the assault. 

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

ALBUQUERQUE – Robert Real, 56, of Espanola, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to numerous violations of the federal firearms laws, including selling firearms to felons and minors and falsification of required firearm transfer records.  The guilty plea was announced by U.S. Attorney John C. Anderson and Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Robert Real, a licensed firearms dealer and owner of Shooter’s Outpost located in Espanola, his wife Linda Real, 65, an employee and a licensed firearms dealer, and Robert Real’s stepdaughter and employee Crystal Johnson, all of Espanola, were charged on Oct. 24, 2017, by indictment with the following offenses:

• Count 1, charging all three defendants with conspiracy to sell firearms by licensed dealers to prohibited possessors of firearms and ammunition from March 12, 2016 through Feb. 8, 2017;
• Count 2, charging Robert Real and Linda Real with selling a firearm to a felon prohibited from possessing firearms or ammunition on March 12, 2016;
• Count 3, charging Robert Real with unlawfully selling a firearm other than a rifle or shotgun to a person under the age of 21 on June 4, 2016;
• Count 4, charging Robert Real and Linda Real with falsifying a required firearm transfer record form on Nov. 20, 2016;
• Count 5, charging Johnson with the unauthorized transfer of a firearm from a motor vehicle on Nov. 23, 2016;
• Count 6, charging Robert Real and Linda Real with selling a firearm to a felon prohibited from possessing firearms or ammunition on Jan. 28, 2017;
• Count 7, charging Robert Real with making false statements to federal agents regarding the unlawful sale of firearms on Feb. 24, 2017; and
• Count 8, charging Robert Real and Linda Real with falsifying required firearm transfer record forms from Jan. 28, 2017 through Feb. 24, 2017.

 

The indictment alleged that the defendants committed the crimes in Rio Arriba County, N.M., Silver City, N.M., Albuquerque, Algodones, N.M., Carlsbad, N.M., and Santa Fe, N.M.

During today’s proceedings, Robert Real pled guilty to Counts 1, 2, 3, 4, 6, 7, and 8 of the indictment.  In entering the guilty plea, Robert Real stated that between March 12, 2016 and Feb. 24, 2017, he traveled and attended gun shows around New Mexico.  He admitted that, in order to maximize his profits, he sold firearms and instructed his co-defendants to sell firearms without performing the required background check; falsified records of sale to indicate that firearms sales had occurred after a three-day standard delay period; sold firearms to convicted felons; and transferred firearms other than shotguns or rifles to persons under 21 years of age.  Robert Real also admitted that in the case of a delayed sale, he instructed his co-defendant to transport firearms and unlawfully transfer it to the buyer from a motor vehicle rather than sell the firearms from the Shooter’s Outpost, his licensed business location.  

During his change of plea hearing, Robert Real acknowledged that when he met with ATF Special Agents on Feb. 24, 2017, he made materially false statements to them about his firearms transactions.  Specifically, Robert Real admitted disregarding “Delay” instructions from ATF during the sale of firearms at gun shows, and altering and causing his co-defendant to alter ATF forms for firearms sales.

At sentencing, Robert Real faces a maximum penalty of five years in federal prison and a maximum $250,000 fine.   In his plea agreement, Robert Real admitted that he was the organizer, leader and manager of his co-defendants.  A sentencing hearing has yet to be scheduled. 

Linda Real and Johnson have both entered pleas of not guilty to the charges in the indictment.  Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Albuquerque office of the ATF and Assistant U.S. Attorney Paul Mysliwiec is prosecuting the case.

ALBUQUERQUE – Stephanie Murray, 30, of Loving, N.M., pled guilty today in federal court in Las Cruces, N.M., to narcotics trafficking charges arising out of the sale of methamphetamine to an undercover law enforcement agent.

Murray and co-defendants Jimmy Myers, 24, of Lockhart, Texas, and Jesus Sanchez, 31, of Carlsbad, N.M., were charged with methamphetamine trafficking offenses in an indictment filed on Dec. 13, 2017.  The three-count indictment charged Murray, Myers and Sanchez with participating in a methamphetamine trafficking conspiracy and distributing methamphetamine on April 28, 2017.  It also charged Myers with distributing methamphetamine on May 18, 2017.  According to the indictment, the defendants committed the crimes in Eddy County, N.M.

During today’s proceedings, Murray pled guilty to conspiracy and distributing methamphetamine.  In entering the guilty plea, Murray admitted that on April 28, 2017, she provided methamphetamine to an individual who then distributed the methamphetamine to an undercover law enforcement agent. 

Myers previously entered a guilty plea on May 8, 2018.  At sentencing, Murray faces a maximum penalty of 20 years in federal prison, and Myers faces a mandatory minimum penalty of five years and a maximum of 40 years in federal prison.  They both remain in custody pending sentencing hearings, which have yet to be scheduled.

Sanchez has entered a plea of not guilty to the charges in the indictment.  Charges in indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by Homeland Security Investigations and the New Mexico State Police.  Special Assistant U.S. Attorney Joni Autrey of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

ALBUQUERQUE – Jason R. Cunningham, 38, of Carlsbad, N.M., was sentenced today in federal court in Las Cruces, N.M., to 87 months in prison followed by three years of supervised release for his methamphetamine trafficking conviction.

Cunningham was arrested on Oct. 4, 2017, on an indictment charging him with distributing methamphetamine on Sept. 27, 2016, in Eddy County, N.M.  Cunningham entered a guilty plea to the indictment on Dec. 7, 2017, without the benefit of a plea agreement. 

According to a court filing, Cunningham was a well-known narcotics trafficker in the Carlsbad area and a self-admitted street level dealer.  He reportedly played a vital role in furthering drug trafficking operations in Carlsbad by directing others in selling drugs after obtaining large quantities of methamphetamine, which he broke down into smaller amounts for further distribution. 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Pecos Valley Drug Task Force and was prosecuted by Assistant U.S. Attorneys Clara N. Cobos and Renee L. Camacho.

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

ALBUQUERQUE – John Houghtaling, 58, of Las Cruces, N.M., was sentenced today in federal court to 30 months in prison for his conviction on heroin and methamphetamine trafficking charges.  Houghtaling will be on supervised release for four years after completing his prison sentence.

Houghtaling was arrested on July 25, 2017, on a criminal complaint charging him with heroin and methamphetamine trafficking offenses.  According to the complaint, Homeland Security Investigations (HSI) agents found approximately three ounces of heroin and three ounces of methamphetamine in Houghtaling’s vehicle during a consensual search of the vehicle on Interstate 10 in Grant County, N.M.

Houghtaling was indicted on Nov. 1, 2017, and was charged with conspiracy to distribute heroin and methamphetamine from Sept. 18, 2016 through Sept. 20, 2016, and possession of heroin and methamphetamine with intent to distribute on Sept. 20, 2016.  According to the indictment, Houghtaling committed the offenses in Grant County.  Houghtaling entered a guilty plea to the indictment on Dec. 5, 2017, without the benefit of a plea agreement. 

This case was investigated by the Deming office of HSI and the HIDTA Region VII Drug Task Force, a multi-agency task force that conducts long term investigations targeting regional, national and international drug trafficking organizations that operate in Luna, Hidalgo and Grant counties and follow-up on cases resulting from U.S. Border Patrol and New Mexico State Police interdiction efforts.

The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988.  HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.           

Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.   The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico.  Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities.  Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico. 

The HOPE Initiative is comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners.  Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.  Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.

ALBUQUERQUE – Bryan C. Lawson, 22, of Las Cruces, N.M., pled guilty today in federal court to a cocaine trafficking charge under a plea agreement with the U.S. Attorney’s Office.

The Las Cruces Police Department (LCPD) arrested Lawson in March 2018, after finding approximately 274 grams of methamphetamine in Lawson’s vehicle during a routine traffic stop.  According to the complaint, Lawson was on supervised release for a prior methamphetamine trafficking felony conviction at the time of his arrest. 

During today’s proceedings, Lawson pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute.  In entering the guilty plea, Lawson admitted that on March 18, 2018, in Dona Ana County, N.M., he possessed approximately 223.6 grams of methamphetamine inside the vehicle he was driving when he was stopped by LCPD officers.  Lawson also admitted that it was his intention to distribute the drugs to others.

At sentencing, Lawson faces an enhanced penalty of a statutory mandatory minimum term of imprisonment of ten years and a maximum of life, instead of the otherwise applicable five to 40 years of imprisonment, because of his prior felony drug trafficking conviction.  Lawson remains in federal custody pending a sentencing hearing, which has yet to be scheduled.

This case was investigated by the Las Cruces office of the DEA, the Las Cruces Police Department and the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force, and is being prosecuted by Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office.

The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the FBI, HSI and the New Mexico State Police.  The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988.  HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

ALBUQUERQUE – Raymond Gachupin, 24, an enrolled member and resident of Jemez Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 78 months in prison for his conviction on a voluntary manslaughter charge.  Gachupin will be on supervised release for three years after completing his prison sentence.

The FBI and Jemez Pueblo Tribal Police Department arrested Gachupin in July 2016, on a criminal complaint charging him with killing a Jemez Pueblo man by suffocating him on July 1, 2016, in Jemez Pueblo in Sandoval County, N.M.  Gachupin subsequently was indicted on July 28, 2016, and was charged with second-degree murder.

On Jan. 19, 2018, Gachupin pled guilty to a felony information charging him with voluntary manslaughter.  In entering the guilty plea, Gachupin admitted that on July 1, 2016, he strangled the victim during a physical altercation.  Gachupin further admitted that the victim became unconscious, suffered a cardiac event, and died as the result of Gachupin’s actions. 

This case was investigated by the Albuquerque office of the FBI and the Jemez Pueblo Tribal Police Department.  Assistant U.S. Attorneys Joseph M. Spindle and Elisa Dimas prosecuted the case.

ALBUQUERQUE – Leroy Tchod Cameron Ravenell, 28, of Colorado Springs, Colo., was sentenced this morning in federal court in Las Cruces, N.M., to 30 months in prison for his cocaine trafficking conviction.  Ravenell will be on supervised release for three years after completing his prison sentence.

U.S. Border Patrol agents arrested Ravenell on Nov. 11, 2016, after finding approximately .36 kilograms (.8 pounds) of cocaine and two loaded firearms concealed in his vehicle during an inspection at the U.S. Border Patrol checkpoint near Alamogordo, N.M., in Otero County, N.M.  Ravenell initially was charged in a criminal complaint.  He subsequently was indicted on May 17, 2017, and was charged with possession of cocaine with intent to distribute.

On Aug. 2, 2017, a federal jury returned a guilty verdict against Ravenell on the sole count of the indictment.  The testimony at trial established that on Nov. 11, 2016, Ravenell was a passenger in his vehicle when it drove into the U.S. Border Patrol checkpoint on Highway 54 south of Alamogordo.  During a routine inspection of Ravenell’s vehicle, Border Patrol agents found approximately 243 grams of cocaine and two firearms in the back of the vehicle, in addition to finding a large amount of cash on Ravenell’s person.  The jury also heard Ravenell’s statement to law enforcement acknowledging that he bought the cocaine in El Paso, Tex., on the morning of Nov. 11, 2016, with the intention of selling it to others.  

This case was investigated by the DEA and the U.S. Border Patrol and was prosecuted by Assistant U.S. Attorneys John Balla and Richard C. Williams of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – On the 500th day of the Trump Administration, Attorney General Jeff Sessions and U.S. Attorney for the District of New Mexico John C. Anderson announced that the Department of Justice is taking a dramatic step to increase resources to combat violent crime, enforce our immigration laws, and help roll back the devastating opioid crisis.

In the largest increase in decades, the Department of Justice is allocating 311 new Assistant U.S. Attorneys to assist in priority areas. Those allocations are as follows: 190 violent crime prosecutors, 86 civil enforcement prosecutors, and 35 additional immigration prosecutors. Many of the civil enforcement AUSA’s will support the newly created Prescription Interdiction & Litigation Task Force which targets the opioid crisis at every level of the distribution system.

“Under President Trump's strong leadership, the Department of Justice is going on offense against violent crime, illegal immigration, and the opioid crisis—and today we are sending in reinforcements,” said Attorney General Jeff Sessions. “We have a saying in my office that a new federal prosecutor is ‘the coin of the realm.’  When we can eliminate wasteful spending, one of my first questions to my staff is if we can deploy more prosecutors to where they are needed. I have personally worked to re-purpose existing funds to support this critical mission, and as a former federal prosecutor myself, my expectations could not be higher. These exceptional and talented prosecutors are key leaders in our crime fighting partnership. This addition of new Assistant U.S. Attorney positions represents the largest increase in decades.”

In the District of New Mexico, two of these AUSAs will focus on violent crime, and one on civil enforcement.  The District of New Mexico previously was allocated six new AUSA positions to focus on prosecuting immigration crimes on May 2, 2018, when the Justice Department announced the dedication of additional resources for U.S. Attorney’s Offices along the Southwest border.

“I welcome the addition of these new AUSA positions to the District of New Mexico, and I am confident that the assignment of these prosecutors will represent a direct and immediate benefit to the United States and the people of New Mexico,” said District of New Mexico U.S. Attorney John C. Anderson. “In light of the substantial federal presence in New Mexico, the additional focus on affirmative civil enforcement will ensure that federal dollars are spent efficiently and we will improve our ability to root out waste, fraud and abuse.  The violent crime positions will allow this Office more effectively to address the high rate of such offenses in New Mexico, including in our tribal communities.”

ALBUQUERQUE – Michael Scott Freeman, 42, of Silver City, N.M., made his initial appearance today in federal court in Las Cruces, N.M., on a criminal complaint charging him with violating the federal firearms laws by unlawfully possessing firearms.  The firearms at issue allegedly were stolen during a home burglary in Aug. 2017.  Freeman remains in custody pending a preliminary hearing and a detention hearing both of which have yet to be scheduled.

According to the criminal complaint, the Grant County Sheriff’s Office (GCSO) responded to a home burglary in Aug. 2017, during which a number of firearms were stolen from a large gun safe.  In Oct. 2017, an individual reported purchasing two firearms and additional cylinders from Freeman.  The individual subsequently surrendered the firearms and cylinders to the GCSO, suspecting that the firearms and cylinders were stolen.  The serial numbers and descriptions of the firearms matched the serial numbers and descriptions of two of the firearms allegedly stolen during the Aug. 2017, home burglary.

Freeman was prohibited from possessing firearms or ammunition in Aug. 2017 and Oct. 2017, because of his prior convictions for felony offenses including convictions for unlawful taking of a motor vehicle, escape, and use of a phone to terrify, intimidate or threaten.

If convicted of the crime charged in the criminal complaint, Freeman faces a maximum penalty of ten years in federal prison.  Charges in criminal complaints are mere accusations and defendants are presumed innocent unless found guilty in a court of law.

This case was investigated by the Las Cruces office of the FBI and the Grant County Sheriff’s Office with assistance from the Silver City Police Department, New Mexico State Police and the 6th Judicial District Attorney’s Office.  Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office is prosecuting this case as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution offenders with the goal of making communities in New Mexico safer places for people to live and work.

ALBUQUERQUE – A federal grand jury sitting in Albuquerque, N.M., has filed a superseding indictment in the federal case charging Albuquerque residents Mariah Ferry, 20, and Chase Smothermon, 30, with conspiracy and kidnapping charges.  The superseding indictment adds Albuquerque resident Jose Torrez, 46, as a third defendant and charges him with the conspiracy and kidnapping offenses in the original indictment.  It also adds a new kidnapping resulting in the death charge against all three defendants.

The original two-count indictment, filed on March 28, 2018, charged Ferry and Smothermon with kidnapping and conspiracy to kidnap.  The kidnapping count alleged that Ferry and Smothermon kidnapped a victim identified by the initials “M.T.” on Aug. 8, 2017, in Bernalillo County, N.M.  The conspiracy count alleged that on Aug. 8, 2017, Smothermon invited the victim to his residence where Ferry bound the victim’s hands and feet, and Smothermon and others physically assaulted the victim. 

The three-count superseding indictment, which was returned under seal on May 29, 2018 and unsealed earlier today, charges Ferry, Smothermon and Torrez with conspiracy to kidnap, kidnapping resulting in death, and kidnapping.  The conspiracy count alleges that from Aug. 6, 2017 to Aug. 9, 2017, in Bernalillo County, N.M., Ferry, Smothermon and Torrez participated in a conspiracy to kidnap victims identified by the initials “J.S.” and “M.T.”  The conspiracy count alleges the kidnapping of “J.S.” resulted in his death, and includes 16 overt acts allegedly committed by the defendants in furtherance of the conspiracy.

The second count of the superseding indictment charges Ferry, Smothermon and Torrez with kidnapping resulting in the death of “J.S.” on Aug. 8, 2017, in Bernalillo County.  The third count charges the three defendants with kidnapping “M.T.” on Aug. 8, 2017, in Bernalillo County.

If convicted on the conspiracy to kidnap or the kidnapping resulting in death charge, the defendants each face a statutory maximum penalty of life imprisonment or death.  If convicted on the kidnapping charge, the defendants each face a statutory maximum penalty of life imprisonment.

Arraignment hearings on the superseding indictment are scheduled for Monday, June 4, 2018 as to Ferry, and Tuesday, June 5, 2018 as to Smothermon.  An arraignment hearing for Torrez has yet to be scheduled.

Ferry is in federal custody based on the original indictment.  Smothermon and Torrez currently are in state custody, and will be transferred to federal custody to face the charges against them.

Charges in indictments are merely accusations and defendants are presumed innocent unless and until they are found guilty in a court of law.

The Albuquerque offices of the DEA and FBI are leading the ongoing investigation into this case with assistance from the Albuquerque Police Department and the 2nd Judicial District Attorney’s Office.  The Narcotics Section of the U.S. Attorney’s Office for the District of New Mexico is prosecuting the case.

ALBUQUERQUE – Jonathan Morales, 24, of El Paso, Texas, pled guilty today in federal court in Las Cruces, N.M., to cocaine trafficking charges arising from the seizure of 1.72 kilograms (3.8 pounds) of cocaine at the U.S. Border Patrol Checkpoint near Las Cruces.

The U.S. Border Patrol and HSI arrested Morales in Nov. 2017, on a criminal complaint charging him with possessing 1.72 kilograms of cocaine with intent to distribute.  According to the complaint, U.S. Border Patrol agents seized the cocaine from Morales and a passenger who was in his vehicle when they entered the U.S. Border Patrol Checkpoint on I-25 near Las Cruces in Dona Ana County, N.M.

Morales subsequently was indicted on Feb. 21, 2018, and was charged with conspiracy and possession of cocaine with intent to distribute on Nov. 1, 2017 in Dona Ana County.       During today’s proceedings, Morales entered a guilty plea to the indictment without the benefit of a plea agreement. 

At sentencing, Morales faces an enhanced penalty of a statutory mandatory minimum term of imprisonment of ten years and a maximum of life, instead of the otherwise applicable five to 40 years of imprisonment, because of his prior felony drug trafficking conviction.  Morales remains in federal custody pending a sentencing hearing, which has yet to be scheduled.

This case was investigated by the Homeland Security Investigations and the U.S. Border Patrol, and is being prosecuted by Special Assistant U.S. Attorney Joni L. Autrey and Assistant U.S. Attorney Renee L. Camacho.

ALBUQUERQUE – Clyde Peterson, 46, an enrolled member of the Navajo Nation who resides in Yahtahey, N.M., was sentenced today in federal court in Albuquerque, N.M., to 21 months of imprisonment for his conviction on a sexual abuse of a minor or ward charge.  Peterson will be on supervised release for eight years after completing his prison sentence and will be required to register as a sex offender.

Peterson was arrested on April 18, 2016, on an indictment charging him with sexual abuse of a child between the age of 12 and 16 years from June 1, 2014 through Aug. 31, 2014, on the Navajo Indian Reservation in McKinley County, N.M.

On Feb. 22, 2018, Peterson pled guilty to the indictment, and admitted that between June 1, 2014 and Aug. 31, 2014, he engaged in sexual intercourse with the victim who was between the age of 12 and 16 years. 

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

ALBUQUERQUE – Ellis Arkie Sago, 23, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty this afternoon in federal court in Las Cruces, N.M., to assaulting a federal officer.

The BIA arrested Sago on Feb. 2018, on a criminal complaint charging him with assaulting a federal officer.  According to the criminal complaint, Sago was arrested on tribal charges after he assaulted a BIA officer.  Sago committed the assault on the Mescalero Apache Indian Reservation in Otero County, N.M., on Sept. 9, 2017, by kicking the officer in the legs while the officer was arresting Sago. 

Sago subsequently was indicted on April 18, 2018, and was charged with assaulting a federal officer in Otero County on Sept. 9, 2017.

During today’s proceedings, Sago pled guilty to the indictment and admitted that on Sept. 9, 2017, he assaulted a BIA officer by kicking the officer in the legs.  At sentencing, Sago faces a maximum penalty of eight years in federal prison.  A sentencing hearing has yet to be scheduled.

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

ALBUQUERQUE – Season Smith, 41, of Bloomfield, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge.

Smith and co-defendant Jeffrey Kline, 45, of Farmington, N.M., were charged on in a two-count indictment filed on April 11, 2017, with conspiracy and possession of methamphetamine with intent to distribute.  The indictment alleged that the defendants committed the offenses on Feb. 10, 2017, in San Juan County, N.M.

During today’s proceedings, Smith pled guilty to possessing methamphetamine with intent to distribute.  In entering the guilty plea, Smith admitted that on Feb. 10, 2017, law enforcement officers stopped Kline and her while they were traveling from Arizona to New Mexico after they picked up methamphetamine from a source of supply.  Smith further admitted that the officers seized approximately 511.7 grams of methamphetamine, 13.6 grams of heroin and drug paraphernalia when they executed a lawful search of her purse. 

At sentencing, Smith faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in federal prison.  Her sentencing hearing has yet to be scheduled.

Kline previously pled guilty on July 26, 2017, to possession of methamphetamine with the intent to distribute, and was sentenced on April 9, 2018, to 120 months in prison followed by six years of supervised release. 

The case was investigated by the Farmington office of the FBI and the Farmington Police Department.  Assistant U.S. Attorney Eva Fontanez is prosecuting the case as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target for federal prosecution violent or repeat offenders with the goal of making communities in New Mexico safer places for people to live and work.

ALBUQUERQUE – Elmira Curley, 22, an enrolled member of the Navajo Nation who resides in Navajo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 120 months in prison for her conviction on assault and child abuse charges.  Curley will be on supervised release for five years after completing her prison sentence.

The FBI and Navajo Nation Division of Public Safety arrested Curley on July 6, 2016, on an indictment charging her with abusing a child resulting in great bodily harm.  The indictment alleged that Curley committed the crime on the Navajo Indian Reservation in McKinley County, N.M., on March 14, 2016. 

On Feb. 13, 2018, Curley pled guilty to a two-count felony information charging her with assault resulting in serious bodily harm and child abuse.  In her plea agreement, Curley admitted that on March 14, 2016, she committed the crimes of assault and child abuse in Navajo, N.M., which is on the Navajo Indian Reservation.  Curley admitted committing these crimes by putting the legs and feet of a nine-month-old infant into a bathtub of scalding hot water and causing the infant to sustain severe burns.  Curley acknowledged that the infant-victim was hospitalized for several weeks for medical treatment and received skin grafts to repair some of the second- and third-degree burns she sustained as the result of the assault and abuse.

The Gallup, N.M., and Phoenix, Ariz., offices of the FBI and the Window Rock, Ariz., office of the Navajo Nation Division of Public Safety investigated this case, which was prosecuted by Assistant U.S. Attorney Nicholas J. Marshall.

ALBUQUERQUE – A federal jury sitting in Las Cruces, N.M., returned a verdict today finding five defendants guilty of participating in a violent racketeering enterprise known as the Syndicato de Nuevo Mexico (SNM) Prison Gang following a seven-week jury trial before U.S. District Judge James O. Browning.  Joe Lawrence Gallegos, 48, of Los Lunas, N.M., Edward Troup, 46, of Albuquerque, N.M., Billy Garcia, 63, of Albuquerque, N.M., Arturo Arnulfo Garcia, 38, of Denver, Colo., and Andrew Gallegos, 50, of Los Lunas, N.M.  Two defendants, Allen Patterson, 47, of Silver City, N.M., Christopher Chavez, 42, of Albuquerque, N.M., were acquitted of the charges against them.

The seven defendants and 23 co-defendants were charged with racketeering offenses in a 15-count superseding indictment filed in April 2016.  Three of the 23 co-defendants were convicted and a fourth was acquitted on racketeering charges on March 12, 2018, during an earlier federal trial, and 17 others have entered guilty pleas.  The remaining co-defendant is a fugitive.  A subsequent second superseding indictment added a witness tampering charge against certain defendants. 

On April 9, 2018, trial commenced against Joe Lawrence Gallegos, Edward Troup, Billy Garcia, Allen Patterson, Christopher Chavez, Arturo Arnulfo Garcia, and Andrew Gallegos on the superseding indictment, which charged the seven defendants with committing the following offenses for the purpose of gaining entrance into and maintaining and increasing their stature within the SNM prison gang:

• Count 1 – Joe Lawrence Gallegos, Edward Troup and Billy Garcia with murdering a person identified as F.C. on March 26, 2001, in Dona Ana County;
• Count 2 – Christopher Chavez, Allen Patterson and Billy Garcia with murdering a person identified as R.G on March 26, 2001, in Dona Ana County;
• Count 3 – Edward Troup, Arturo Arnulfo Garcia with murdering a person identified as F.S. on June 17, 2007, in Dona Ana County;
• Count 4 – Joe Lawrence Gallegos and Andrew Gallegos with conspiring to murder a person identified as A.B. on Nov. 12, 2012, in Socorro and Valencia Counties;
• Count 5 – Joe Lawrence Gallegos and Andrew Gallegos with murdering a person identified as A.B. on Nov. 12, 2012, in Socorro and Valencia Counties;
• Count 13 – Joe Lawrence Gallegos with assaulting with a dangerous weapon a person identified as J.G. on March 17, 2015, in Valencia County;
• Count 14 – Joe Lawrence Gallegos with conspiring to murder a person identified as J.G. between Feb. 1, 2016 and Feb. 27, 2016, in Otero and Valencia Counties; and
• Count 15 – Joe Lawrence Gallegos with attempting to murder and with assaulting with a dangerous weapon and causing serious bodily injury a person identified as J.G. on Feb. 27, 2016, in Valencia County.
• Count 16 – Joe Lawrence Gallegos with witness tampering.

The trial concluded this afternoon when the jury returned a verdict finding Edward Troup, Billy Garcia, Arturo Arnulfo Garcia and Andrew Gallegos guilty on the charges against them.  The jury found Joe Lawrence Gallegos guilty on Counts 1, 4 and 5, and acquitted him on Counts 13, 14, 15 and 16.  The jury acquitted Allen Patterson and Christopher Chavez on the charges against them.

At sentencing, Joe Lawrence Gallegos, Edward Troup, Billy Garcia, Arturo Arnulfo Garcia and Andrew Gallegos each face a statutory maximum penalty of life imprisonment.  The defendants will remain in custody pending their sentencing hearings, which have yet to be scheduled.

This case was investigated by Albuquerque Division of the FBI and the New Mexico Corrections Department, with assistance from the New Mexico State Police, Bernalillo County Sheriff’s Office, Metropolitan Correctional Center, Albuquerque Police Department, U.S. Marshals Service, and the El Paso, Phoenix, Denver, Las Vegas and Knoxville FBI Divisions.  Assistant U.S. Attorneys of the U.S. Attorney’s Office for the District of New Mexico are prosecuting the case. 

ALBUQUERQUE – U.S. Attorney John C. Anderson and Acting Special Agent in Charge Phillip Land of the U.S. Department of the Interior, Fish and Wildlife Service, Office of Law Enforcement of the Southwest Region, announced that Craig Thiessen pleaded guilty yesterday to a federal misdemeanor wildlife violation arising out of the taking of a Mexican gray wolf.  Immediately after entering the guilty plea, Thiessen was sentenced to a one-year term of probation and was ordered to pay $2,300 in restitution to the Mexican Wolf Recovery Program.

In announcing the guilty plea and sentence, U.S. Attorney John C. Anderson said, “Mexican wolves were listed as an endangered species in 1976, prompting recovery efforts to save the species from extinction.  The Justice Department is committed to working with the U.S. Fish and Wildlife Service and our other law enforcement partners to protect the Mexican gray wolf and other vulnerable species so they remain on our planet for future generations.”

“The U.S. Fish and Wildlife Service works closely with our partners to protect imperiled species both at home and abroad,” said Acting Special Agent in Charge Phillip Land of the U.S. Department of Interior, Fish and Wildlife Service, Office of Law Enforcement of the Southwest Region. “This defendant knowingly took a Mexican gray wolf, the rarest subspecies of gray wolf in North America. The defendant's guilty plea should serve as a deterrent to those who choose to knowingly harass and take wildlife unlawfully. We will continue to work with the Department of Justice and others to bring these offenders to justice.”

During yesterday’s proceedings, Thiessen, 46, of Catron County, N.M., entered a guilty plea to an information charging him with the taking of threatened wildlife.  In entering the guilty plea, Thiessen admitted that in Feb. 2015, in Catron County, N.M., he intentionally captured a Mexican gray wolf in a trap on his grazing allotment in the Gila National Forest and hit the wolf with a shovel.  Thiessen admitted knowing that the animal was a Mexican gray wolf because it bore a tracking collar, which is affixed to all Mexican gray wolves in the area. 

This case was investigated by the U.S. Department of the Interior, Fish and Wildlife Service, Office of Law Enforcement of the Southwest Region, and is being prosecuted by Assistant U.S. Attorney John Balla of the U.S. Attorney’s Las Cruces Branch Office. 

ALBUQUERQUE – Dakota Cook, 26, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms laws by being a felon in possession of a firearm and ammunition.

Cook was indicted on June 28, 2017, and was charged with two counts of being a felon in possession of a firearm and ammunition, and one count of possessing an unregistered firearm.  According to the indictment, Cook committed the offenses on June 24, 2016, in Valencia County, N.M.  Cook was prohibited from possessing firearms or ammunition because of his prior felony convictions for receiving or transferring a stolen vehicle and aggravated assault on a peace officer.

During today’s proceedings, Cook pled guilty to one count of being a felon in possession of a firearm and ammunition.  In entering the guilty plea, Cook admitted possessing a firearm on June 24, 2016, and that a ballistics test connected the firearm to another pending case against him.  Cook acknowledged that he was prohibited from possessing firearms or ammunition because of his prior felony convictions.

At sentencing, Cook faces a maximum statutory penalty of ten years of imprisonment.  However, if the court determines that Cook is an armed career criminal, he faces an enhanced sentence of a mandatory minimum 15 years to a maximum of life imprisonment.

This case was investigated by the Albuquerque office of the FBI, the New Mexico State Police and the Los Lunas Police Department.  Assistant U.S. Attorney Letitia C. Simms is prosecuting the case as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution offenders with the goal of making communities in New Mexico safer places for people to live and work.

ALBUQUERQUE – Daniel A. Mendoza, 21, a non-Indian man from Albuquerque, N.M., was sentenced today in federal court to 33 months in prison for assaulting a federally commissioned tribal police officer.  Mendoza will be on supervised release for two years after completing his prison sentence.

The BIA arrested Mendoza on Nov. 22, 2016, for assaulting a federal officer based on his assault of an officer of the Pueblo of Isleta Tribal Police Department, who was commissioned as a Special Law Enforcement Officer by the BIA’s Office of Justice Services.  According to the complaint, Mendoza assaulted the officer by running his vehicle into the officer’s vehicle while attempting to evade arrest.  Mendoza committed the offense on Sept. 22, 2016, on the Isleta Pueblo in Bernalillo County, N.M.

Mendoza subsequently was indicted on Dec. 20, 2016, and was charged with assaulting a federal officer with a deadly and dangerous weapon, a vehicle, on Sept. 22, 2016, in Bernalillo County.

On Dec. 13, 2017, Mendoza pled guilty to the indictment and admitted that on Sept. 22, 2016, in order to avoid arrest, he backed his truck into an Isleta Pueblo Police patrol vehicle that was being operated by an Isleta Pueblo Police Sergeant who was commissioned as a Special Law Enforcement Officer by the BIA.  Mendoza admitted intentionally driving his truck forward and reversing a second time at a high rate of speed into the Isleta Pueblo Police Sergeant’s patrol vehicle. 

This case was investigated by the Pueblo of Isleta Tribal Police Department and the Northern Pueblos Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.

ALBUQUERQUE – Brian Lee, 31, an enrolled member of the Navajo Nation who resides in Breadsprings, N.M., was sentenced today in federal court in Albuquerque, N.M., to 15 years in prison for his conviction on child sexual abuse charges.  Lee will be on supervised release for ten years after completing his prison sentence.  He also will be required to register as a sex offender.

Lee was arrested on July 13, 2017, on a two-count indictment charging him with sexually abusing a child under the age of 12 on two separate occasions between July 2012 and July 2016, on the Navajo Indian Reservation in McKinley County, N.M.

On Sept. 18, 2017, Lee pled guilty to a two-count felony information charging him with aggravated sexual abuse and sexual abuse.  In entering the guilty plea, Lee admitted that between July 2012 and July 2016, he engaged in sexual acts with the victim on two separate and distinct occasions at his home in Breadsprings on the Navajo Indian Reservation.

This case was investigated by the Gallup office of the FBI.  Assistant U.S. Attorney Kyle T. Nayback prosecuted this 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 – A federal jury sitting in Santa Fe, N.M., returned a verdict today finding Sara Ruiz guilty of armed robbery, firearms, and witness tampering charges arising out of the robbery of the Route 66 Casino Xpress, located in Laguna Pueblo, N.M., on Dec. 13, 2015. 

Ruiz, 41, of Grants, N.M., and her co-defendants, Lorenzo Chavez, 26, and James Montano, Jr., 24, both of Cubero, N.M., were indicted on June 30, 2016.  The indictment charged the three with conspiracy to violate the Hobbs Act, violating the Hobbs Act by robbing the Route 66 Casino Xpress, a gas station/convenience store and casino in Laguna Pueblo, at gunpoint; and brandishing a firearm during a crime of violence.  The indictment alleged that the defendants committed the crimes on Dec. 13, 2015, in Bernalillo County, N.M.  The indictment was superseded on June 13, 2017, after Ruiz’s co-defendants entered guilty pleas, and charged Ruiz with three additional counts of witness tampering.

Trial on the superseding indictment commenced on May 21, 2018, and concluded today when the jury returned a guilty verdict against Ruiz on all six counts of the superseding indictment.

Evidence at trial established that on Dec. 13, 2015, Ruiz and her co-defendants robbed the Route 66 Casino Xpress located in Laguna Pueblo.  Jurors viewed surveillance footage showing Ruiz using her casino rewards card to purchase gas in the gas station area of the Route 66 Casino Xpress while the two men who later robbed the Route 66 Casino Xpress at gunpoint were in her vehicle shortly before the robbery.  The jury also viewed surveillance video showing Ruiz’s vehicle as it drove around the back of the casino, and dropped off two men who exited the vehicle and entered the casino approximately a minute before the armed robbery took place. 

Testimony during the trial established that in Feb. 2016, March 2016, Dec. 2016 and Feb. 2017, Ruiz attempted to tamper with and intimidate witnesses whom she expected to testify against her at trial.  According to evidence presented at trial, Ruiz had numerous conversations with several witnesses during which she directed them to lie about her involvement and their knowledge of the armed robbery.  Ruiz also threatened to physically hurt the witnesses if they mentioned her involvement in the armed robbery, at one point claiming she would cut the tongue out of a witness’ mouth because that’s what “she does to rats.”

At sentencing, Ruiz faces a maximum penalty of twenty years in federal prison on the Hobbs Act and witness tampering counts, and a mandatory minimum penalty of seven years in federal prison to be served consecutive to any other sentence imposed for using a firearm during and in relation to a crime of violence.

On Feb. 23, 2017, Chavez and Montano each pled guilty to Count 2 of the indictment, charging them with violating the Hobbs Act by robbing the Route 66 Casino Xpress at gunpoint on Dec. 13, 2015.  Chavez also pled guilty to Count 3 of the indictment, charging him with brandishing a firearm during that robbery. 

In addition to his guilty plea to the two charges in the case involving the Route 66 Casino Xpress, Chavez also entered a guilty plea to a Hobbs Act and methamphetamine trafficking charges in a separate case.  In that case, Chavez was charged in a four-count indictment filed on Feb. 24, 2016.  That indictment charged Chavez with possessing distribution quantities of methamphetamine on Dec. 19, 2015, and carrying a firearm in furtherance of a drug trafficking crime.  It also charged Chavez with robbing an Allsups convenience store in southwest Albuquerque on Dec. 29, 2015, and with brandishing a firearm during that robbery.  On Feb. 23, 2017, Chavez also pled guilty to possessing almost 61 gross grams of methamphetamine on Dec. 19, 2015, which he intended to distribute to others.  He also pled guilty to robbing an Allsup’s convenience store at gunpoint on Dec. 29, 2015.

Under the terms of his plea agreement, Chavez will be sentenced within the range of 120 to 180 months in prison.  Montano faces a statutory maximum sentence of 20 years in prison.

Ruiz, Chavez and Montano remain in custody pending their sentencing hearings, which have not yet been scheduled. 

The case against Chavez, Montano and Ruiz, which arises from the armed robbery of the Route 66 Casino Xpress, was investigated by the Albuquerque office of the FBI and the Pueblo of Laguna Police Department, and is being prosecuted by Assistant U.S. Attorneys Elaine Y. Ramirez and Kristopher N. Houghton. 

The case arising from the armed robbery of the Allsups convenience store and methamphetamine trafficking was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department, and is being prosecuted by Assistant U.S. Attorneys Paul Mysliwiec and Letitia Carroll Sims.

ALBUQUERQUE – Andy Garcia, Jr., 45, of Deming, N.M., was sentenced today in federal court in Las Cruces, N.M. to 120 months in prison for his conviction on a methamphetamine trafficking charge.  Garcia will be on supervised release for five years after completing his prison sentence. 

Andy Garcia was charged together with co-defendants Leslie Frank Williams, 53, and Domingo Rodriguez, 47, both of Deming, Oscar Garcia, 47, a Mexican national illegally in the United States, and Estella Aguilar, 46, of Tucson, Ariz., in a nine-count indictment filed on April 21, 2016.  The indictment charged the defendants with conspiring to distribute methamphetamine from July 2015 through April 2016.  The indictment also charged Williams with distributing methamphetamine on four occasions between Jan 2015 and Sept. 2015; Williams and Rodriguez with distributing methamphetamine in Nov. 2015; and Rodriguez, Oscar Garcia and Andy Garcia with possessing methamphetamine with intent to distribute in Jan. 2016.  The indictment also charged Rodriguez, Oscar Garcia and Aguilar with conspiring to commit money laundering offenses in Feb. 10, 2016; and Aguilar with money laundering on Feb. 10, 2016.  The indictment charged the defendants with committing the crimes in Luna County, N.M., and included forfeiture allegations requiring the defendants to forfeit $1,000,000 to the United States.

On Oct. 4, 2016, Andy Garcia pled guilty to a felony information charging him with conspiracy to distribute methamphetamine.  In entering the guilty plea, Andy Garcia admitted that on Jan. 4, 2016, he traveled by bus from Deming to California to pick up two pounds of methamphetamine.  Andy Garcia further admitted that on Jan. 6, 2016, law enforcement agents seized his bag, which contained the methamphetamine, while he was on the bus returning to Deming. 

Andy Garcia’s four co-defendants previously have entered guilty pleas and two have been sentenced.  Oscar Garcia pled guilty on Oct. 7, 2016, and was sentenced on April 10, 2018 to 15 years in prison; he will be deported following his prison sentence.  Aguilar pled guilty on Nov. 3, 2016, and was sentenced on April 13, 2017, to time served followed by one year of supervised release.  Rodriguez pled guilty on Sept. 13, 2016, and Williams pled guilty on Sept. 20, 2016.  Sentencing hearings for Rodriguez and Williams have yet to be scheduled.

This case was investigated by the Las Cruces office of Homeland Security Investigations and the Luna County Sheriff’s Office.  Assistant U.S. Attorneys Mark A. Saltman and Dustin C. Segovia of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.

ALBUQUERQUE – Christopher H. Meza, 35, of Deming, N.M., made his initial appearance today in federal court in Las Cruces, N.M., on a criminal complaint charging him with distributing and possessing child pornography.  Meza remains in federal custody pending a preliminary hearing and a detention hearing, which have yet to be scheduled.

According to the criminal complaint, the investigation leading to Meza’s arrest was initiated in March 2018, after an FBI agent who was working in an undercover capacity in Oklahoma, signed into a publicly available peer-to-peer file-sharing network that was being used by individuals who were sharing child pornography images and videos.  The agent learned that an IP Address and email address subscribed to Meza allegedly were being used to share child pornography. 

On May 3, 2018, the FBI executed a search warrant at Meza’s residence.  While executing the search warrant, FBI agents seized a computer that allegedly contained more than a dozen video files and more than a hundred image files of child pornography.

If convicted of offenses charged in the criminal complaint, Meza faces a statutory mandatory minimum penalty of five years and a maximum of 20 years in prison on the distribution of child pornography charge and a statutory maximum penalty of ten years in prison on the possession of child pornography charge.  Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

The case was investigated by the Las Cruces office of the FBI with assistance from Homeland Security Investigations and the Deming Police Department.  Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office is 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 information about Project Safe Childhood, please visit http://www.justice.gov/psc/.  Individuals with information relating to suspected child predators and suspected child abuse are encouraged to contact the Children’s Advocacy Center at (575) 526-3437, or to contact Homeland Security Investigations at 1-866-DHS-2-ICE.

The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 86 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Timothy G. Tanner, 28, of Carlsbad, N.M., was sentenced today in federal court in Las Cruces, N.M., to 105 months in prison for his conviction on federal firearms and drug trafficking charges.  Tanner will be on supervised release for five years after completing his prison sentence. 

Tanner was arrested on Oct. 10, 2017, on a three-count indictment charging him with being a felon in possession of a firearm and possessing a firearm with an obliterated serial number on June 2, 2016, and for possessing methamphetamine with intent to distribute on Aug. 4, 2016.  According to the indictment, Tanner committed the crimes in Eddy County, N.M.  Tanner was prohibited from possessing firearms and ammunition because of his prior felony convictions for drug trafficking and tampering with evidence.

On Jan. 31, 2018, Tanner pled guilty to the indictment and admitted that on June 2, 2016, he sold a firearm with an obliterated serial number to an undercover law enforcement agent.  Tanner acknowledged that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.  In entering his guilty plea, Tanner also admitted that on Aug. 4, 2016, he possessed approximately 48.92 grams of pure methamphetamine when he arrested on an outstanding arrest warrant.  Tanner admitted that he intended to distribute the drugs to others.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pecos Valley Drug Task Force, and the DEA office in Las Cruces.  Assistant U.S. Attorneys Clara Cobos and Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

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

ALBUQUERQUE – Two Mexican Nationals who were arrested last week in connection with seizures of large quantities of cocaine made their initial appearances yesterday in federal court in Las Cruces, N.M.  Miguel Angel Nava-Dominguez, 32, is facing cocaine trafficking offenses arising out of the seizure of more than 12 pounds of cocaine at a U.S. Border Patrol checkpoint in southern New Mexico on May 17, 2018.  Fidelmar Chavez-Quezada, 52, is charged with cocaine trafficking offenses arising out of the seizure of more than 21 pounds of cocaine during a traffic stop on Interstate 10 near Lordsburg, N.M., on May 19, 2018.  Both men remain in federal custody pending preliminary hearings and detention hearings, which are currently scheduled for May 24, 2018.

U.S. Border Patrol agents arrested Nava-Dominguez on May 17, 2018, after seizing approximately 5.805 kilograms (12.8 pounds) of cocaine allegedly concealed in Nava-Dominguez’s vehicle.  According to the criminal complaint, the agents allegedly found the cocaine in Nava-Dominguez’s vehicle during an inspection at the U.S. Border Patrol checkpoint located on Interstate 25 near mile marker 26 in Dona Ana County, N.M.

An officer of the Lordsburg Police Department executed a traffic stop on Chavez-Quezada’s vehicle while patrolling Interstate 10 near Lordsburg on May 19, 2018.  According to the criminal complaint, the officer requested and allegedly obtained Chavez-Quezada’s consent to search the vehicle.  During his search of the vehicle, the officer allegedly found nine bundles, which the officer believed to contain controlled substances and led the officer to place Chavez-Quezada under arrest.  The nine bundles allegedly contained approximately 9.77 kilograms (21.55 pounds) of cocaine.

If convicted of the charges against them, each man faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison.  Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

The case against Nava-Dominguez was investigated by the Las Cruces office of the DEA and the U.S. Border Patrol and is being prosecuted by Assistant U.S. Attorney Selesia Winston.

The case against Chavez-Quezada was investigated by Homeland Security Investigations, the Lordsburg Police Department, and the HIDTA Region VII Drug Task Force, a multi-agency task force that conducts long term investigations targeting regional, national and international drug trafficking organizations that operate in Luna, Hidalgo and Grant counties and follow-up on cases resulting from U.S. Border Patrol and New Mexico State Police interdiction efforts, and is being prosecuted by Assistant U.S. Attorney Mark Saltman. 

The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988.  HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.           

ALBUQUERQUE – Zachary Wilson, 28, an enrolled member of the Navajo Nation who resides in Dulce, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 36 months in prison followed by five years of supervised release for his conviction on sexual abuse charges.  Wilson also will be required to register as a sex offender.

Wilson was arrested on May 1, 2017, on a two-count indictment charging him with sexual abuse and abusive sexual contact on July 30, 2016, on the Jicarilla Apache Indian Reservation in Rio Arriba County, N.M.

On Jan. 9, 2018, Wilson pled guilty to two counts of abusive sexual contact.  In entering the guilty plea, Wilson admitted that on July 30, 2016, he engaged in two acts of sexual contact with a Jicarilla Apache female who had not reached the age of majority.  Wilson also admitted providing alcohol to the minor victim who became so intoxicated that she was incapable of declining to participate in or communicate the unwillingness to engage in a sexual act.

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

ALBUQUERQUE – Michael Shane Riley, 45, an enrolled member and resident of Laguna Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 37 months in prison for violating the federal firearms laws by unlawfully possessing a firearm.  Riley will be on supervised release for three years after completing his prison sentence.

Riley was arrested on Jan. 23, 2017, on an indictment charging him with being a felon in possession of a firearm on May 30, 2016, in Cibola County, N.M.  According to the indictment, Riley was prohibited from possessing firearms or ammunition because he previously had been convicted of assault and battery with a dangerous weapon.

On Oct. 27, 2017, Riley pled guilty to the indictment and admitted that on May 30, 2016, he possessed a firearm while on the Pueblo of Laguna in Cibola County.  Riley acknowledged that he was prohibited from possessing a firearm because he previously had been convicted of assault and battery with a dangerous weapon in 2002.

This case was investigated by the Laguna/Acoma Agency of the BIA Office of Justice Services, the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Laguna Pueblo Tribal Police Department.  Assistant U.S. Attorney Novaline D. Wilson prosecuted the case.

ALBUQUERQUE – Jason Christopher Davis, 45, of Las Cruces, N.M., made his initial appearance today in federal court on a criminal complaint charging him with receipt of material containing or constituting child pornography.  Davis, who is employed as a Supervisory U.S. Border Patrol Agent, remains in federal custody pending a preliminary hearing and a detention hearing, which are scheduled for May 23, 2018.

The criminal complaint alleges that Davis received child pornography in April 2018, in Dona Ana County, N.M.  According to the complaint, the Las Cruces Police Department executed a search warrant on an email account subscribed to Davis that allegedly was used to upload a video file containing child pornography.  The complaint further alleges that on May 15, 2018, Homeland Security Investigations and the Las Cruces Police Department seized numerous items including digital media while executing a state search warrant at Davis’ residence.

The statutory penalty for a conviction on a receipt of child pornography charge is a statutory mandatory minimum penalty of five years and maximum penalty of 20 years of imprisonment.  Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

The case was investigated by the Las Cruces office of HSI, the Office of Inspector General of the U.S. Department of Homeland Security, and the Las Cruces Police Department with assistance from the Office of Professional Responsibility of the U.S. Customs and Border Protection, the Management Inquiry Team of the U.S. Border Patrol, the FBI, and the New Mexico Attorney General’s Office. 

Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office is 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 information about Project Safe Childhood, please visit http://www.justice.gov/psc/.  Individuals with information relating to suspected child predators and suspected child abuse are encouraged to contact the Children’s Advocacy Center at (575) 526-3437, or to contact Homeland Security Investigations at 1-866-DHS-2-ICE.

The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 86 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

Davis Complaint

ALBUQUERQUE – Scott Richard Lange, 55, of Phoenix, Ariz., pled guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking charges.

Officers of the Las Cruces Police Department arrested Lange and co-defendant Amy R. Bailey, 42, also of Phoenix, Ariz., in Sept. 2017, on methamphetamine trafficking offenses.  According to the criminal complaint, the officers executed the arrests after finding approximately 1,885.5 grams (4.16 pounds) of methamphetamine in a vehicle driven by Lange during a routine traffic stop.

Lange and Bailey subsequently were indicted on Dec. 13, 2017, and were charged with conspiracy and possession of methamphetamine with intent to distribute.  The indictment alleged that Lange and Bailey committed the crimes on Sept. 11, 2017, in Dona Ana County, N.M.

During today’s proceedings, Lange pled guilty to the two-count indictment and admitted that on Sept. 11, 2017, he agreed to deliver approximately four pounds methamphetamine to individuals in Las Cruces in exchange for payment.  At sentencing, Lange faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison.  He remains in custody pending a sentencing hearing, which has yet to be scheduled.

Bailey has entered a plea of not guilty and is currently scheduled for trial in June 2018.  Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

This case was investigated by the Las Cruces office of the FBI, the Las Cruces Police Department, and the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force.  Special Assistant U.S. Attorney Joni L. Autrey of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the FBI, HSI and the New Mexico State Police.  The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988.  HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

ALBUQUERQUE – Stetson Holliday, 23, of Albuquerque, N.M., pled guilty today in federal court to a prescription drug trafficking charge.

The DEA arrested Holliday on Jan. 16, 2018, on a criminal complaint charging him with distributing prescription drugs.  According to the criminal complaint, Holliday distributed approximately ten Xanax (Alprazolam) tablets to an undercover DEA Special Agent on Nov. 30, 2016.

Holliday was indicted on Feb. 14, 2018, and was charged with distributing a Schedule IV controlled substance, alprazolam, on Nov. 30, 2016, in Bernalillo County, N.M.  During today’s proceedings, Holliday pled guilty to the indictment without the benefit of a plea agreement. 

At sentencing, Holliday faces a maximum penalty of five years in federal prison.  A sentencing hearing has yet to be scheduled.

This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Peter J. Eicker as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico.  Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities.  Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico. 

The HOPE Initiative is comprised of five components:  (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.  HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners.  Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.  Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.

ALBUQUERQUE – Luis Fernando Moreno, 38, of El Paso, Texas pled guilty today in federal court in Las Cruces, N.M., to three production of child pornography charges.  At sentencing, Moreno faces a statutory mandatory minimum of 15 years and a maximum of 30 years of imprisonment as to each charge.  Moreno will be required to register as a sex offender when he complete his prison sentence. 

Homeland Security Investigations (HSI) charged Moreno by criminal complaint filed on Jan. 11, 2018, with producing and possessing child pornography in May 2013, in Dona Ana County, N.M.  According to the complaint, the Sunland Park Police Department initiated an investigation into Moreno after responding to a sexual assault allegation by a 16-year-old.  The minor victim alleged that Moreno video-recorded the victim with his cellular phone while the victim was showering.  The complaint alleged that images and videos of child pornography created by Moreno and depicting another minor victim were found on Moreno’s cellular phone and laptop computers. 

During today’s proceedings, Moreno pled guilty to a felony information charging him with three counts of producing visual depictions of a minor engaged in sexually explicit conduct.  In entering the guilty plea, Moreno admitted that on March 31, 2013, he used a cellular phone to produce a video and an image of child pornography.  Moreno also admitted using a cellular phone to produce a video that included child pornography on May 10, 2013,

Moreno has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. 

This case was investigated by the Las Cruces office of HSI, the Sunland Park Police Department and the Las Cruces Police Department with assistance from the U.S. Marshals Service.  Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office is 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 information about Project Safe Childhood, please visit http://www.justice.gov/psc/.  Individuals with information relating to suspected child predators and suspected child abuse are encouraged to contact the Children’s Advocacy Center at (575) 526-3437.

The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 86 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Attorney General’s Office.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Roland Skeets, 27, an enrolled member of the Navajo Nation who resides in Smith Lake, N.M., was sentenced today in federal court in Santa Fe, N.M., to 21 months in prison for his conviction on child abuse charges.  Skeets will be on supervised release for three years after completing his prison sentence.

Skeets was arrested in Aug. 2017, on an indictment charging him with child abuse resulting in great bodily injury and child abuse.  According to the indictment, the crimes took place on March 25, 2016, on the Navajo Indian Reservation in McKinley County, N.M. 

On Dec. 6, 2017, Skeets pled guilty to an information charging him with assault resulting in substantial bodily injury.  In entering the guilty plea, Skeets admitted that on March 25, 2016, he assaulted a four-year-old child by pushing the child to the ground and yanking him back up by the arm, which fractured the child’s clavicle.  Skeets was intoxicated when he assaulted the child. 

After assaulting the child, Skeets continued yelling, causing his girlfriend to flee with the injured child and other children to a neighbor’s house in order to call police.  

This case was investigated by the Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety.  Assistant U.S. Attorney Nicholas J. Marshall prosecuted the case.

ALBUQUERQUE – Miranda Gilbert, 31, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms laws by unlawfully possessing a firearm and ammunition and assaulting a federal officer.  The guilty plea was announced U.S. Attorney John C. Anderson, Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Michael Geier of the Albuquerque Police Department (APD).

U.S. Attorney John C. Anderson said that Gilbert, whose criminal history includes ten prior felony convictions, is being prosecuted as part of a federal anti-violence initiative that targets violent, repeat offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target for federal prosecution violent or repeat offenders with the goal of making communities in New Mexico safer places for people to live and work.

“Today’s proceedings are a reminder that we will never stop working to obtain justice. ATF is committed to aggressively investigating and charging armed, violent criminals in the community.  The actions, every day, by the U.S. Marshals and our other law enforcement partners to apprehend wanted, violent fugitives is as necessary as it is dangerous,” said Special Agent in Charge John J. Durastanti of the ATF Phoenix Field Division.  “When our law enforcement partners come up against these violent criminals and are assaulted, they can rest assured that ATF will fully investigate the firearms violations surrounding the incident.”

“It is imperative that we use the full weight of the law to prosecute dangerous, career criminals who are willing to violate federal firearm laws and assault law enforcement officers,” APD Chief Michael Geier said. “Offenders who have no regard for law enforcement are more of a threat to civilians and a risk to public safety.”

Gilbert was charged in Oct. 2017, in a criminal complaint with being a felon in possession of a firearm and ammunition on Aug. 20, 2017.  According to the criminal complaint, APD officers responded to a call reporting shots fired at a residence in northeast Albuquerque.  APD officers learned that when the homeowners arrived at their home, they observed Gilbert parked in a vehicle in their driveway and attempted to block her in the driveway.  The homeowners reported that Gilbert responded by pulling a handgun out of her purse, threatening them, and then firing shots close to where one of the homeowners was standing before leaving the area.  Gilbert was arrested the next day after attempting to flee from police and ultimately causing an accident.

Gilbert was indicted on Nov. 1, 2017.  The three-count indictment charged Gilbert with being a felon in possession of a firearm and ammunition in in Bernalillo County, N.M., on Aug. 20, 2017, and in Guadalupe County, N.M., on Aug. 21, 2017, and with assaulting a federal officer in Guadalupe County on Aug. 21, 2017.  According to the indictment, Gilbert was prohibited from possessing firearms or ammunition because she has been convicted of at least ten felony offenses.

During today’s change of plea hearing, Gilbert pled guilty to the indictment without the benefit of a plea agreement. 

During its presentation at today’s hearing, the United States proffered a summary of the evidence that it would have been introduced had the case proceeded to trial.  That evidence would have included the firearm, a 9 mm caliber pistol, Gilbert possessed, brandished, and discharged in Bernalillo County on Aug. 20, 2017, and also possessed in Guadalupe County on Aug. 21, 2017.  The evidence also would have established that on Aug. 21, 2017, in Guadalupe County, Gilbert forcibly assaulted a Supervisory Deputy U.S. Marshal, whom she knew to be engaged in the performance of his official duty based upon her own post-arrest statements made to law enforcement authorities.  As Gilbert fled from law enforcement authorities, in an attempt to avoid apprehension, Gilbert used a vehicle as a dangerous weapon and struck the Supervisory Deputy U.S. Marshal, who was inside his vehicle and was required to take evasive action.

The United States’ proffer of evidence also included Gilbert’s ten prior felony convictions:

• residential burglary;
• conspiracy to commit residential burglary;
• trafficking controlled substances (possession with intent to distribute) (heroin);
• receiving or transferring a stolen motor vehicle (possession);
• conspiracy to commit receiving or transferring a stolen motor vehicle (possession);
• receiving or transferring stolen property (over $500 but not more than $2,500);
• escape from a community custody release program;
• possession of a controlled substance (methamphetamine);
• conspiracy to commit possession of a controlled substance (methamphetamine); and
• felon in possession of a firearm.

 

At sentencing, Gilbert faces a maximum statutory penalty of ten years of imprisonment on each of the two felon in possession of firearms charges.  However, if the court determines that Gilbert is an armed career criminal, she faces an enhanced sentence of a mandatory minimum 15 years to a maximum of life imprisonment on the firearms charges.  Gilbert also faces a statutory maximum penalty of 20 years of imprisonment on the assault on a federal officer charge. 

Gilbert remains in custody pending a sentencing hearing, which has yet to be scheduled.

The Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the APD investigated the case with assistance from the U.S. Marshals Service, New Mexico State Police, and the New Mexico Adult Probation and Parole Division of the New Mexico Corrections Department.  Assistant U.S. Attorney Niki Tapia-Brito is prosecuting the case. 

ALBUQUERQUE – Shane Mann, 30, of Roswell, N.M., pled guilty today in federal court in Las Cruces, N.M., to violating the federal firearms laws by being a felon in possession of a firearm and ammunition.

The Bureau of Alcohol, Tobacco, Firearms and Explosive arrested Mann in Feb. 2018, on a criminal complaint charging him with being a felon in possession of a firearm and ammunition on Aug. 9, 2017, in Chaves County, N.M.  According to the complaint, law enforcement officers found multiple firearms and ammunition, and drug paraphernalia in Mann’s residence while executing a state search warrant.  Mann was prohibited from possessing firearms or ammunition because of his prior felony convictions for shooting from a motor vehicle, aggravated fleeing a law enforcement officer, and possession of a controlled substance.   

During today’s proceedings, Mann pled guilty to a felony information charging him with being a felon in possession of a firearm and ammunition.  In entering the guilty plea, Mann admitted that on Aug. 9, 2017, law enforcement officers found firearms and ammunition in his residence, including a loaded handgun that was under a pillow in the bed in which Mann was laying, during the execution of the warrant.   Mann acknowledged that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.

At sentencing, Mann faces a maximum penalty of ten years in federal prison.  He remains in custody pending a sentencing hearing, which has yet to be scheduled.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Roswell Police Department and the HIDTA Chaves County Metro Narcotics Task Force.  The case is being prosecuted by Assistant U.S. Attorney Alfred J. Perez of the U.S. Attorney’s Las Cruces Branch Office.

The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office.  The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988.  HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

ALBUQUERQUE – Jose Tenorio, 50, an enrolled member and resident of Kewa Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to child sexual abuse charges.  Tenorio’s plea agreement recommends a sentence within the range of 57 to 97 month in prison followed by a term of supervised release to be determined by the court.  Tenorio will also be required to register as a sex offender.

Tenorio was arrested on March 21, 2017, on a seven-count indictment alleging kidnapping and abusive sexual contact charges.  The indictment charged Tenorio with kidnapping the first victim, a child under the age of 18 on May 18, 2016; engaging in abusive sexual contact with the first victim, a child under the age of 12, two separate times between Jan. 1, 2015 and Jan 31, 2015, and three separate times on May 18, 2016.  It also charged Tenorio with engaging in abusive sexual contact with the second victim, a child between the age of 12 and 16, two separate times between Aug. 23, 2006 and Aug. 22, 2017.  According to the indictment, Tenorio committed the crimes on Kewa Pueblo in Sandoval County, N.M.

During today’s proceedings, Tenorio pled guilty to two counts of abusive sexual contact.  In entering the guilty plea, Tenorio admitted that on May 18, 2016, he engaged in sexual contact with the first victim, who was under the age of 12.  Tenorio also admitted engaging in sexual contact with the second victim, a 13-year-old child between Aug. 23, 2006 and Aug. 22, 2006.  Tenorio previously pled guilty to the same charges in tribal court.  He remains in custody pending a sentencing hearing, which has yet to be scheduled.

This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services.  Assistant U.S. Attorney Nicholas J. Marshall is 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/.