District of New Mexico

ALBUQUERQUE – John Leroy Milne, 56, of Phoenix, Ariz., was sentenced on February 27, 2018, in federal court in Las Cruces, N.M., to 78 months of imprisonment for his conviction on marijuana trafficking charges.  Milne will be on supervised release for four years after completing his prison sentence.

The DEA and U.S. Border Patrol arrested Milne on June 23, 2017, on a criminal complaint charging him with possessing 111.58 kilograms (245.99 pounds) of marijuana with intent to distribute.  Milne and his co-defendant, Manuel Pavon-Rodriguez, 36, a Mexican national illegally in the United States, subsequently were indicted on July 19, 2017, and were charged with participating in a marijuana trafficking conspiracy and with possession of marijuana with intent to distribute.  According to the indictment, the defendants committed the crimes on June 23, 2017, in Hidalgo County, N.M.

Milne and Pavon- Rodriguez proceeded to trial on the charges in the indictment in Oct. 2017.  The evidence at trial established that U.S. Border Patrol agents encountered Milne in Rodeo, N.M., on June 23, 2017, after Milne stopped his vehicle in front of the agents, got out of the vehicle, and initiated a conversation with the agents.  The agents had been following Milne because Milne’s vehicle did not have a visible license plate.  Milne gave the agents conflicting and confusing accounts about his travel plans until the agents asked him to show them the paper license plate for his vehicle.  The agents testified that they observed five burlap backpacks and detected the strong scent of marijuana from the back of vehicle as Milne attempted to remove the paper license plate from the back window of his vehicle. 

When the agents opened the back of the vehicle to inspect the backpacks, they observed Pavon-Rodriguez, who was wearing camouflage clothing, attempting to hide in the back of the vehicle with the backpacks.  The five burlap backpacks contained 12 square bales of marijuana, weighing approximately 246 pounds that were wrapped in duct tape.      

On Oct, 26, 2017, following a three-day trial, the jury returned a guilty verdict against Milne and acquitted Pavon-Rodriguez.

This case was investigated by the Las Cruces office of the DEA and the U.S. Border Patrol.  Assistant U.S. Attorneys Alfred J. Perez and Joni Autrey of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

ALBUQUERQUE – Ruben Cheykaychi, 35, an enrolled member and resident of Kewa Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge.

The BIA arrested Cheykaychi in May 2017, on an indictment charging him with assault with a dangerous weapon with intent to do bodily harm.  According to the indictment, Cheykaychi committed the crime on April 20, 2016, on the Kewa Pueblo Indian Reservation in Sandoval County, N.M.

During today’s proceedings, Cheykaychi pled guilty to the indictment and admitted assaulting his ex-girlfriend on April 20, 2016, after seeing her vehicle parked in an area of Kewa Pueblo.  In his plea agreement, Cheykaychi stated that, after a failed attempt to engage her in conversation, he became upset and began yelling at the victim.  Cheykaychi admitted retrieving a BB gun, which resembled a real handgun, from his vehicle and holding it to the victim’s head while threatening to shoot her.  He also admitted putting the BB gun in the victim’s mouth while continuing to yell at her and threatening her, and attempting to take her car keys from her to prevent her from escaping.

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

This case was investigated by Southern Pueblos Agency of the BIA, Office of Justice Services.  Assistant U.S. Attorney Nicholas J. Marshall is prosecuting the case as part of 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 – John Bevel, 42, of Las Cruces, N.M., pled guilty today in federal court to child pornography charges that require a sentence of a mandatory minimum of 15 years of imprisonment and under a plea agreement that limits the United States to seeking a maximum sentence of 45 years of imprisonment.  Bevel will be on supervised release for a term to be determined by the court and will be required to register as a sex offender after completing his prison sentence.

Homeland Security Investigations (HSI) and the Las Cruces Police Department (LCPD) arrested Bevel in Oct. 2017, on a criminal complaint alleging possession of child pornography offenses in Oct. 2017, in Dona Ana County, N.M.  According to the complaint, HSI and LCPD initiated an investigation into Bevel in early Oct. 2017, when the National Center for Missing and Exploited Children received a tip that Bevel’s account allegedly contained files containing child pornography.  The complaint also alleged that Bevel’s smartphone contained hundreds of images of child pornography. 

During today’s proceedings, Bevel pled guilty to a four-count felony information charging him with:  (1) advertising visual depictions of minors engaging in sexually explicit conduct; (2) distributing child pornography; (3) receiving child pornography; and (4) possessing child pornography.  In entering the guilty plea, Bevel admitted that on Oct. 17 and 18, 2017, he advertised and received visual depictions of minors engaging in sexually explicit conduct by communicating with another person on a messenger application on his smartphone about trading child pornography images and videos.  Bevel also admitted possessing child pornography on Sept. 24, 2017, by maintaining an online storage account to store child pornography images and videos that he could access with his smartphone and laptop computer.  Bevel also admitted distributing child pornography on Sept. 25, 2017, by sending numerous child pornography videos to another individual by using a messenger application on his smartphone.

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

This case was investigated by the Las Cruces office of HSI and the LCPD.  Assistant U.S. Attorney Alexander B. Shapiro 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 – Jesus Gerardo Prieto, Jr., 38, of El Paso, Texas, pled guilty today in federal court in Las Cruces, N.M., to heroin and methamphetamine trafficking charges.

Prieto was arrested in Oct. 2017, on a criminal complaint charging him with heroin and methamphetamine trafficking offenses on Oct. 17, 2017, in Dona Ana County, N.M.  U.S. Border Patrol agents arrested Prieto at the checkpoint in Las Cruces after seizing approximately 432 grams of methamphetamine and 117 grams of heroin that were concealed inside Prieto’s vehicle.

Prieto subsequently was charged in a five-count indictment on Jan. 17, 2018, with distributing methamphetamine on Aug. 29, 2017, in Dona Ana County; distributing methamphetamine and heroin on Oct. 6, 2017, in Luna County, N.M.; and possession of methamphetamine and heroin with intent to distribute on Oct. 19, 2017, in Dona Ana County. 

During today’s proceedings, Prieto pled guilty to the indictment without the benefit of a plea agreement.  At sentencing, Prieto faces a mandatory minimum penalty of ten years and a maximum of life in federal prison.  Prieto remains in custody pending a sentencing hearing, which has yet to be scheduled. 

This case was investigated by the U.S. Border Patrol and the Border Enforcement Security Taskforce of Homeland Security Investigations.  The case is being prosecuted by Assistant U.S. Attorney Brock E. Taylor of the U.S. Attorney’s Las Cruces Branch Office pursuant to 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 – Jonah Jeter, 24, 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.

The Bureau of Alcohol, Tobacco, Firearms and Explosives arrested Jeter in Feb. 2017, on a two-count indictment charging him with being a felon in possession of firearms and ammunition on Nov. 17, 2015, in Bernalillo County, N.M.  Jeter was prohibited from possessing firearms or ammunition because he previously had been convicted of second-degree murder.

During today’s proceedings, Jeter pled guilty to being a felon in possession of a firearm and ammunition.  In entering the guilty plea, Jeter, a previously convicted felon, admitted that he was unlawfully in possession of a firearm, which he threw into the yard of an Albuquerque residence on Nov. 17, 2015. 

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

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and is being prosecuted by Assistant U.S. Attorneys David M. Walsh and Kimberly A. Brawley.

ALBUQUERQUE – The FBI has filed federal charges against two New Mexico men for using social media platforms to post school shootings threats, announced U.S. Attorney John C. Anderson and Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division.  The criminal charges arise from tips received by the FBI and its law enforcement partners since last week’s school shooting in Parkland, Fla.

“The Department of Justice will investigate and prosecute school shooting threats on social media platforms, which have recently spread like wildfire in the District of New Mexico in the wake of the Parkland shootings and other tragedies, causing fear and concern in our communities,” said U.S. Attorney Anderson.  “When the lives of our children potentially are at stake, we will take action.  These serious criminal charges should motivate everyone – adults and minors alike – to consider the consequences of posting threatening messages on social media platforms, and to report this unlawful behavior where it occurs.”

“The FBI has zero tolerance for anyone who threatens to do harm to others,” said FBI Special Agent in Charge Wade.  “We hope these charges send a strong message that the FBI, working in conjunction with our state and local partners, will investigate these tips thoroughly so we can keep our communities safe.”

The FBI arrested Sebastian Jarvison, 25, of Brimhall, N.M., yesterday afternoon on a criminal complaint charging him with transmitting in interstate commerce communications containing threats to injure others in McKinley County, N.M., on Feb. 14, 2018.  The complaint alleges that on Feb. 16, 2018, the FBI received a tip regarding school shooting and bomb threats allegedly posted by Jarvison on Facebook.  Jarvison’s Facebook posts allegedly included threats to “go shoot a school,” “put a bomb on a plane,” and “put a bomb on a plane and shoot up a school.”

This morning, Jarvison made his initial appearance in federal court in Albuquerque, N.M.  Jarvison remains in federal custody pending a preliminary hearing and a detention hearing, both of which are scheduled for Feb. 26, 2018.

A separate criminal complaint, filed on Feb. 22, 2018, charges John Russell Williams, 19, of Farmington, N.M., with a similar offense.  The complaint alleges that Williams committed the offense in San Juan County, N.M., on Feb. 15, 2018, by replying to a school shooting threat on Facebook with a slang term that means “let’s do it.”  According to the complaint, on Feb. 15, 2018, law enforcement authorities received a tip about a Facebook post allegedly made by a juvenile containing the following statement:  “only 2 months into 2018 and already we got 29 school shootings.  F**k it my turn.”  Williams allegedly replied to the post with the term “Haha esketit” – which means “let’s do it” or “let’s get it” – and a laughing emoji.

Williams was arrested on a related state charge on Feb. 16, 2018, and is currently in state custody on that charge and other pending state charges.  Williams will be transferred to federal custody to face the federal charge in the criminal complaint.

If convicted, Jarvison and Williams each face a statutory maximum penalty of five years of imprisonment and a $250,000 fine.  Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt in a court of law.   

These cases were investigated by the Gallup, Farmington and Albuquerque offices of the FBI with assistance from the San Juan County Sheriff’s Office, Farmington Police Department, and Bloomfield Police Department.  Assistant U.S. Attorney Niki Tapia-Brito is prosecuting the cases.

Jarvison Complaint     Williams Complaint

ALBUQUERQUE – This afternoon, Chief Judge William P. Johnson of the U.S. District Court for the District of New Mexico administered the oath of office to John C. Anderson as the 46th U.S. Attorney for the District of New Mexico, during a private ceremony in the federal courthouse in Santa Fe, N.M.

President Donald J. Trump nominated Mr. Anderson to be U.S. Attorney in Nov. 2017, and the U.S. Senate unanimously confirmed his nomination on February 15, 2018.  As U.S. Attorney, Mr. Anderson serves as the top federal law enforcement official in New Mexico, and he represents the United States’ interests in civil cases.  Mr. Anderson previously served as an Assistant U.S. Attorney in the District of New Mexico from 2008 to 2013, primarily focusing on the investigation and prosecution of white-collar crime.

Prior to serving as an Assistant U.S. Attorney, Mr. Anderson was a litigation associate at the New York City law firm of Simpson Thacher & Bartlett LLP from 2004 to 2008, where his practice focused on antitrust, securities and general commercial litigation.  Since leaving the U.S. Attorney’s Office in 2013, Mr. Anderson has been with the law firm of Holland & Hart in Santa Fe, where his legal practice has focused on complex litigation and government investigations.

Mr. Anderson received his A.B. from Bowdoin College and his J.D. cum laude from Fordham University School of Law in New York City.  Mr. Anderson clerked for Judge Paul J. Kelly, Jr. of the U.S. Court of Appeals for the Tenth Circuit in Santa Fe, N.M., from 2003 to 2004.

ALBUQUERQUE – Alfonso Navarrete, 43, of Albuquerque, N.M., pled guilty yesterday in federal court to child sexual abuse and child pornography charges under a plea agreement with the U.S. Attorney’s Office.

The FBI arrested Navarrete on June 22, 2017, on a criminal complaint charging him with possessing child pornography on June 16, 2017, in Bernalillo County, N.M.  The FBI initiated an investigation into Navarrete in May 2017, after receiving information alleging that Navarrete allegedly sexually assaulted a minor in Ireland sometime between 2014 and 2015.  During an interview of Navarrete on June 20, 2017, FBI Special Agents and Bernalillo County Sheriff’s Office (BCSO) detectives found a computer and thumb drive belonging to Navarrete that contained child pornography. 

During yesterday’s change of plea hearing, Navarrete pled guilty to a three-count felony information charging him with engaging in illicit sexual conduct in a foreign place, production of a visual depictions of a minor engaging in sexually explicit conduct, and possession of visual depictions of minors engaged in sexually explicit conduct.  In entering the guilty plea, Navarrete admitted that in June 2015, while temporarily living in Ireland, he engaged in illicit sexual conduct with a 12-year-old victim.  Navarrete also admitted using a cellular phone to produce child pornography of a 14-year-old victim in May 2013, and transporting the images from Ohio to New Mexico sometime before his arrest in 2017.  Finally, Navarrete admitted that from June 16, 2017 through June 20, 2017, he possessed approximately 730 images and seven videos of child pornography on a thumb drive. 

At sentencing, Navarrete faces a maximum penalty of 30 years of imprisonment for engaging in illicit sexual conduct in a foreign place; a mandatory minimum penalty of 15 years and a maximum of 30 years in federal prison for producing child pornography; and a maximum of 20 years in federal prison for possessing child pornography.  Navarrete faces up to a lifetime of supervised release following any prison sentence imposed, and will be required to register as a sex offender.  Navarrete remains in custody pending a sentencing hearing, which has yet to be scheduled.

This case was investigated by the Albuquerque office of the FBI, the BCSO and the New Mexico Regional Computer Forensic Laboratory.  Assistant U.S. Attorney Sarah Mease 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/.

The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 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 Office of the Attorney General.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – In Aug. 2016, a multi-agency investigation led by the ATF concluded with the filing of 59 federal indictments and a federal criminal complaint charging 103 Bernalillo County residents with federal firearms and narcotics trafficking offenses.  To date, 85 of these defendants have been convicted, including 84 who have entered guilty pleas, and 64 of them have been sentenced.

The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

Today, two more Albuquerque residents were sentenced for their convictions on drug trafficking charges in federal court.  Anthony Barela, 34, was sentenced to 60 months in prison followed by three years of supervised release for his methamphetamine trafficking conviction.  Chere Juarez, 29, was sentenced to 42 months in prison followed by three years of supervised release for her methamphetamine trafficking conviction.

In addition, Albuquerque resident Letitia Toya, 39, entered a guilty plea in federal court in two cases charging her with methamphetamine trafficking and assault on a federal officer.  Under the terms of her plea agreement, Toya will be sentenced within the range of ten to twelve years in federal prison followed by a term of supervised release to be determined by the court.

Barela and co-defendants Guajira Maya Lovato, 45, Janet Bowman, 40, and Juan Jose Rivas, 33, were charged by indictment in July 2016, with a methamphetamine trafficking offense.  The indictment later was superseded to add a fifth defendant, Maria Citlaly Beltran-Ahumada, 37, and another methamphetamine trafficking charge.  The superseding indictment charged the five defendants with conspiring to distribute methamphetamine from June 21, 2016 through Aug. 9, 2016, and with distributing methamphetamine on June 22, 2016.  On Aug. 3, 2017, Barela pled guilty to an information charging him with distributing methamphetamine.  Lovato pled guilty on July 27, 2017, and was sentenced on Feb. 15, 2018, to 60 months in prison followed by four years of supervised release.  Beltran-Ahumada pled guilty on June 9, 2017, and was sentenced on June 26, 2017 to time served.  Rivas pled guilty on July 27, 2017, and is scheduled for sentencing on March 8, 2018.  The charges against Bowman were dismissed on Aug. 22, 2017.

Juarez and co-defendant David Rayford, 26, were charged in a three-count indictment on June 30, 2016.  Rayford and Juarez were charged with distribution of methamphetamine on June 7, 2016, and June 14, 2016, and Rayford was charged individually with being a felon in possession of a firearm on May 27, 2016.  On June 19, 2017, Juarez pled guilty to a felony information charging her with possession of methamphetamine with intent to distribute.  In entering the guilty plea, Juarez admitted that on June 14, 2016, she sold approximately two ounces of methamphetamine to an undercover law enforcement agent.  Rayford is currently scheduled for trial in April 2018.

Toya was charged in the following two cases arising out of this operation.  The indictment in the first case charged Toya and co-defendant Eugene Fales, 53, in a six-count indictment with methamphetamine trafficking and firearms offenses.  The indictment charged Toya and Fales with distributing methamphetamine on May 23, 2016, May 25, 2016, and June 20, 2016, and with conspiring to distribute methamphetamine on May 25, 2016 and June 20, 2016.  Toya was charged individually with being a felon in possession of firearms on May 27, 2015, because of her prior felony convictions for possession of a controlled substance, tampering with evidence, aggravated assault on a peace officer and trafficking a controlled substance with intent to distribute.  Fales pled guilty on Aug. 14, 2017, and is pending sentencing.  The indictment in the second case charged Toya with assaulting a federal officer on July 6, 2016.

During today’s proceedings, Toya pled guilty to Count 3 in the first case charging her with distributing methamphetamine, and to the indictment in the second case.  In entering the guilty plea in the first case, Toya admitted that on May 25, 2016, she arranged for the delivery and distributed approximately 45.8 grams of methamphetamine to an undercover law enforcement agent.  In pleading guilty in the second case, Toya admitted that on July 6, 2016, she assaulted a federal officer by spitting in the face of a federal officer while being taken into custody.  Toya remains in custody pending a sentencing hearing, which has yet to be scheduled.

Fifteen of the defendants charged as the result of the ATF investigation have entered not guilty pleas.  Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law.  Two defendants are fugitives and the charges against two defendants have been dismissed.

These cases were investigated by the Albuquerque office of ATF.  The case against Barela was prosecuted by Assistant U.S. Attorney Presiliano Torrez, the case against Juarez was prosecuted by Assistant U.S. Attorneys David M. Walsh and Norman Cairns, and the case against Toya is being prosecuted by Assistant U.S. Attorney David M. Walsh.

ALBUQUERQUE – Clyde Peterson, 46, an enrolled member of the Navajo Nation who resides in Yahtahey, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to a sexual abuse of a minor or ward charge.  Under the terms of his plea agreement, Peterson will be sentenced 21 months in prison followed by a term of supervised release to be determined by the court.  Peterson also 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 ages of 12 and 16 years from June 1, 2014 through Aug. 31, 2014, on the Navajo Indian Reservation in McKinley County, N.M.

During today’s change of plea hearing, 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.  A sentencing hearing 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 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 – Bronson Tony, 45, an enrolled member of the Navajo Nation who resides in Gallup, N.M., was sentenced today in Santa Fe, N.M., federal court to a six-month term of imprisonment followed by one year of supervised release for making false statements to the FBI.

Bronson Tony was charged in a felony information filed on Aug. 14, 2017, with making a false statement to the FBI on May 14, 2016 and June 2, 2016.  The information alleged that Bronson Tony falsely represented to the FBI that he and others did not accompany Brian Tony, 46,of Gallup, and a male victim to an area on the Navajo Indian Reservation in McKinley County, N.M., on May 8, 2016, where the male victim was later murdered.

Bronson Tony entered a guilty plea to the felony information on Aug. 14, 2017, and admitted that on May 8, 2016, Brian Tony, the victim, he and others drove to an area on the Navajo Indian Reservation called “Superman Canyon.”  Bronson Tony stated that he did not leave the vehicle or see what occurred outside of the vehicle, and kept the victim’s friend from leaving the vehicle after the victim and Brian Tony were heard yelling outside of the vehicle.  Brian Tony later re-entered the vehicle without the victim. 

In his plea agreement, Bronson Tony admitted that on May 14, 2016, when he was interviewed by an FBI agent regarding the victim’s death, he made false statements regarding his whereabouts on May 8, 2016 and May 9, 2016.  Specifically Bronson Tony denied accompanying Brian Tony to “Superman Canyon,” and claimed that Brian Tony injured his arm on barbed wire.  Bronson Tony further admitted that on June 2, 2016, during a subsequent interview with an FBI agent regarding the victim’s death, he made false statements regarding the individuals present at the time of the victim’s death.

A federal jury found Brian Tony guilty of first degree murder and two counts of witness tampering on Sept. 30, 2017.  At sentencing, Brian Tony faces a statutory mandatory sentence of life imprisonment. 

This case was investigated by the Albuquerque and Gallup offices of the FBI.  The case against Brian Tony was also investigated by the Albuquerque and Gallup offices of the FBI and the Navajo Nation Division of Public Safety.  Both cases are being prosecuted by Assistant U.S. Attorneys Joseph M. Spindle and Nicholas J. Marshall.

ALBUQUERQUE – Louis Garcia, 31, of Hobbs, N.M., pled guilty yesterday in federal court in Las Cruces, N.M., to drug trafficking and firearms charges.  Garcia entered the guilty plea under a plea agreement that recommends a 15-year prison sentence followed by a term of supervised release to be determined by the court.

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. 

During yesterday’s change of plea hearing, 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.

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

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

ALBUQUERQUE – Ruben Bustillos-Pacheco, 22, of Albuquerque, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to 70 months of imprisonment for his conviction on drug trafficking and firearms charges.  Bustillos-Pacheco will be on supervised release for three years after completing his prison sentence.

The DEA arrested Bustillos-Pacheco in Dec. 2015, on a criminal complaint charging him with heroin trafficking and firearms offenses.  According to the complaint, DEA agents seized four firearms, including an AR-15 style rifle, multiple rounds of ammunition, approximately 412.2 grams of heroin, drug paraphernalia, and cash in Bustillos-Pacheco’s residence during the execution of a search warrant.

Bustillos-Pacheco subsequently was indicted on Dec. 17, 2015, and was charged with possession of heroin with intent to distribute and possession of a firearm in furtherance of a drug trafficking crime.  According to the indictment, Bustillos-Pacheco committed the offenses on Dec. 9, 2015, in Bernalillo County, N.M.

On May 1, 2017, Bustillos-Pacheco pled guilty to a felony information charging him with possession of heroin with intent to distribute and possession of a firearm in furtherance of a drug trafficking crime.  In entering the guilty plea, Bustillos-Pacheco admitted that on Dec. 9, 2015, he possessed three firearms, including one which had been reported stolen, and approximately 382 grams of heroin.  Bustillos-Pacheco acknowledged that he possessed the firearms for protection of his heroin trafficking activities. 

This case was investigated by the Albuquerque office of the DEA and was prosecuted by Assistant U.S. Attorney Shaheen P. Torgoley 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 – David Castle, 75, of Albuquerque, N.M., was arraigned yesterday in federal court on an indictment charging him with obstructing the administration of the internal revenue laws and tax evasion.  Castle entered a not guilty plea to the indictment and was released on pretrial supervision and other conditions of release pending trial, which has yet to be scheduled.

The charges against Castle, which arise out of an alleged scheme to evade and defeat the assessment and payment of taxes owed by Castle to the United States from Dec. 2004 through Jan. 2018, were announced by Acting U.S. Attorney James D. Tierney and Special Agent in Charge Ismael Nevarez, Jr., of the Phoenix Field Division of IRS-Criminal Investigation.

 According to the indictment, Castle is the owner and operator of the Gold and Silver Exchange (GSE), an Albuquerque-based store that focuses on the sale, purchase and repair of jewelry.  The two-count indictment, which was filed on Feb. 14, 2018, charges Castle with corruptly obstructing and impeding the administration of the internal revenue laws and tax evasion.  The indictment generally alleges that Castle committed these offenses for the purpose of concealing income generated by GSE from the IRS and to evade the payment of federal personal and business taxes.

Count 1 of the indictment charges Castle with corruptly obstructing and impeding the administration of the internal revenue laws by filing false federal income tax returns between Dec. 2004 and May 2016.  According to the indictment, Castle used several nominee businesses to conduct GSE’s financial operations allegedly to hide income generated by GSE from the IRS.  Castle allegedly executed this corrupt scheme by using bank accounts belonging to the nominee businesses; concealing personal income and expenditures; engaging in cash transactions; and employing and paying GSE personnel in cash that could not easily be connected to GSE’s business operations.  The indictment further alleges that Castle deliberately failed to keep accurate business records reflecting GSE’s income and expenses.

Count 2 of the indictment alleges that from Dec. 2008 through Dec. 2017, Castle attempted to evade federal taxes for the years 1992-1993, 1995-2002, 2005, and 2006 in the approximate amount of $104,446.81.  Castle allegedly committed this crime by concealing from the IRS the nature and location of his business revenue; placing funds in bank accounts belonging to nominee businesses; emphasizing cash operations in order to place the revenue beyond the reach of the legal process; and by failing to file personal and business income tax returns or by filing false or frivolous tax returns.

If convicted of the charge in Count 1 of the indictment, Castle faces a maximum statutory penalty of three years of imprisonment.  If convicted of the charge in Count 2 of the indictment, Castle faces a maximum penalty of five years of imprisonment.  Charges in 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 IRS – Criminal Investigation and is being prosecuted by Assistant U.S. Shaheen P. Torgoley.

Castle Indictment

ALBUQUERQUE – Felipe T. Castillo, 38, of Hobbs, N.M., was sentenced yesterday in federal court in Las Cruces, N.M., to 21 months in prison for assaulting a federal law enforcement officer.  Castillo will be on supervised release for three years after completing his prison sentence.

Castillo was arrested on June 13, 2017, on a criminal complaint that charged him with being a felon in possession of a firearm.  According to the complaint, Castillo pointed a firearm at a DEA task force officer on May 31, 2017, in Lea County, N.M.  The complaint indicated that Castillo was on parole for a prior firearms offense when he assaulted the task force officer by pointing a firearm at him.  Court documents indicate that Castillo previously had been convicted in Texas of engaging in organized criminal activity in 2000, and discharging a firearm in 2002.

On Aug. 23, 2017, Castillo pled guilty to a felony information charging him with assaulting a federal officer.  In entering the guilty plea, Castillo admitted that on May 31, 2017, he pointed a firearm at a DEA task force officer who was engaged in his official duties. 

This case was investigated by the Las Cruces offices of the Bureau of Alcohol, Tobacco, Firearms and Explosives and DEA, and the Hobbs Police Department.  Assistant U.S. Attorneys Terri J. Abernathy and Dustin Segovia of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case. 

ALBUQUERQUE – Mia Coy Campbell, 34, of Carlsbad, N.M., was sentenced yesterday afternoon in federal court in Las Cruces, N.M., in two cases to a total of 156 months of imprisonment for violating the federal firearms laws by unlawfully possessing firearms and ammunition.  Campbell will be on supervised release for three years after completing his prison sentence. 

Campbell’s sentence was announced by Acting U.S. Attorney James D. Tierney, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, Special Agent in Charge John J. Durastanti, Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Chief Kent Waller of the Carlsbad Police Department, and Commander James McCormick of the Pecos Valley Drug Task Force (PVDTF).

Campbell was prosecuted under a federal anti-violence initiative that targets the “worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

Campbell was prosecuted in two separate criminal cases for unlawfully possessing firearms in July 2015 and Sept. 2015.  According to court records, Campbell was prohibited from possessing firearms or ammunition because of his prior felony convictions for possession of methamphetamine and escaping from a correctional institution.

In the first case, Campbell was arrested on a criminal complaint in Sept. 2015, after law enforcement officers found an assault rifle, which Campbell allegedly used to shoot at an occupied residence in Carlsbad, when they executed a search warrant at a residence in Roswell, N.M.  Campbell subsequently was indicted in the case in Oct. 2015, and was charged with unlawfully possessing a firearm in Eddy County on Aug. 4, 2015.  The indictment in the first case was superseded in Feb. 2016, to charge Campbell with two counts of being a felon in possession of a firearm based on his possession of firearms on July 31, 2015 and Aug. 4, 2015, and one count of unlawfully possessing a machinegun on July 31, 2015. 

On Aug. 8, 2016, Campbell entered a guilty plea to the superseding indictment in the first case.  In entering the guilty plea, Campbell admitted that on July 30 and 31, 2015, he possessed an assault rifle, which is considered a machinegun under federal law.  Campbell also admitted that on Aug. 4, 2015, he unlawfully possessed a pistol.  Campbell acknowledged that he was prohibited from possessing firearms as the result of his status as a convicted felon.  During yesterday’s sentencing hearing, Campbell was sentenced to 60 months in prison followed by three years of supervised release for his conviction in the first case.

With respect to the second case, Campbell was arrested in Oct. 2015, for unlawfully possessing a firearm based on investigation conducted by the Pecos Valley Drug Task Force (PVDTF) and FBI agents on Sept. 24, 2015.  According to the criminal complaint, on that day, the PVDTF and FBI arrested Campbell on the federal arrest warrant issued in the first case as Campbell was walking away from a canopy that covered a partially disassembled go-cart at his residence.  When arrested, Campbell’s hands were dirty and greasy and it appeared as if he had been working on the go-cart.  A smoldering cigarette near a tool bag by the go-cart drew an officer’s attention where the officer found a firearm.  A search of Campbell incident to arrest revealed that he had a pack of cigarettes in his pocket containing the same type of cigarette that was smoldering on the ground near the go-cart.  On Nov. 5, 2015, Campbell was indicted and charged with being a felon in possession of a firearm on Sept. 24, 2015.

On March 24, 2016, a federal jury convicted Campbell of being a felon in possession of a firearm in the second case.  During yesterday’s sentencing hearing, Campbell was sentenced to 96 months of imprisonment for his conviction in the second case, which is to run consecutive to the 60 months of imprisonment imposed on the conviction in the first case.  Campbell also was sentenced to a three-year term of supervised release, which is to run concurrent to the supervised release term imposed in the first case.

These cases were investigated by the Las Cruces and Roswell offices of the FBI, the Carlsbad Police Department and the Pecos Valley Drug Task Force with assistance from the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and were prosecuted by Assistant U.S. Attorneys Randy M. Castellano and John Andrew Balla of the U.S. Attorney’s Las Cruces Branch Office.

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 – Jeremy W. Gough, 41, of Hobbs, N.M., was sentenced today in federal court in Las Cruces, N.M., to 120 months in prison followed by five years of supervised release for his methamphetamine trafficking conviction.

Gough and seven other residents of Lea County, N.M., including four Mexican nationals, and a resident of Yuma, Ariz., were charged in a 20-count indictment filed in July 2017, alleging federal drug trafficking and money laundering offenses.  The indictment was the result of a multi-agency investigation into a significant drug trafficking organization allegedly led by Jose Raul Mendivil-Berrelleza, 34, a Mexican national who resided in Hobbs, that allegedly imported methamphetamine and cocaine into Lea County from Mexico through Arizona. 

The  investigation, which was led by the DEA and included HSI and the Lea County Drug Task Force of HIDTA Region 6, 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 course of the investigation, law enforcement authorities seized approximately 13 kilograms (28.6 pounds) of pure methamphetamine and 1.45 kilograms (3.2 pounds) of cocaine, a firearm and $19,000 in cash.

The 20-count indictment charged alleged ringleader Mendivil-Berrelleza and seven co-defendants with conspiracy, methamphetamine and cocaine trafficking, and money laundering offenses.  Count 1 of the indictment charged all eight defendants with participating in a conspiracy to traffic methamphetamine and cocaine in Lea County and elsewhere between Nov. 2016 and July 2017.  Count 2 charged Mendivil-Berrelleza and Roberto Rendon-Duran, 70, of Yuma, Ariz., with participating in an international money-laundering conspiracy.  Counts 3 through 5 charged certain defendants with methamphetamine trafficking offenses and Count 6 charges certain defendants with a cocaine trafficking offense.  Counts 7 through 20 charged certain defendants with using communications devices to facilitate their drug trafficking activity.

On Dec. 13, 2017, Gough pled guilty to conspiracy and possession of methamphetamine with intent to distribute.  In entering the guilty plea, Gough admitted that from Nov. 2016 through June 2017, he conspired with others to distribute methamphetamine in Hobbs by having methamphetamine delivered to Gough’s residence from his source of supply, which Gough would then deliver to other individuals in Hobbs through the use of couriers.  Gough further admitted that on Nov. 5, 2016, he possessed approximately 152 grams of methamphetamine which he intended to sell to other individuals in Hobbs.

Four of Gough’s co-defendants have previously entered guilty pleas and are pending sentencing hearings.  Two co-defendants have entered pleas of not guilty and are pending trial.  Miguel Angel Luna-Arredondo has yet to be arrested and is considered a fugitive.  Charges in indictments and criminal complaints are only accusations, and defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

This case was investigated by the DEA and HSI offices in Las Cruces and the Lea County Drug Task Force with assistance from the Lea County Sheriff’s Office and the Hobbs Police Department.  Assistant U.S. Attorneys Terri J. Abernathy and Dustin Segovia of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case.

The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the NM 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 – Kenneth Dickerson, 56, of Carlsbad, N.M., pled guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking charges under a plea agreement requiring him to be sentenced to 36 months of imprisonment followed by a term of supervised release to be determined by the court

Dickerson pled guilty to charges resulting from a multi-agency investigation into a criminal organization that allegedly was trafficking large quantities of methamphetamine and firearms in southeastern New Mexico in spring 2017.  The investigation initiated by the DEA, ATF and the HIDTA Region VI Pecos Valley Drug Task Force and initially targeted a methamphetamine trafficking organization operating in southeastern New Mexico that allegedly was supplied by Daniel P. Bruton, 39, of Artesia, N.M., and Marcos A. Martinez, 31, of Roswell, 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.

Dickerson, Bruton and Martinez were charged along with seven other co-defendants in a 34-count indictment filed on Oct. 3, 2017, that alleges that Dickerson, Bruton, Martinez 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 discuss 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 today’s proceedings, Dickerson pled guilty to two counts of the indictment charging him with conspiracy and possession of methamphetamine with intent to distribute.  In entering the guilty plea, Dickerson admitted that between April 2017 and July 2017, he conspired with his codefendants to distribute methamphetamine in Eddy County.  Dickerson further admitted that on April 19, 2017, he distributed 6.9 grams of pure methamphetamine to an individual working with law enforcement, and on July 27, 2017, he picked up approximately 116.62 grams of pure methamphetamine with the intent to distribute it to other individuals.  A sentencing hearing has yet to be scheduled.

One of Dickerson’s co-defendant, Chelcy A. Vasquez, 26, of Dexter, N.M., previously entered a guilty plea on Feb. 5, 2018, to methamphetamine trafficking charges and the use of a cellular phone in the commission of a drug trafficking crime.  At sentencing, Vasquez faces a maximum penalty of 20 years in federal prison.  A sentencing hearing has yet to be scheduled.

The remaining eight 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.  Special Assistant U.S. Attorney Clara N. Cobos and Assistant U.S. Attorney 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 – Esmeralda Dominguez, 33, of Glendale, Ariz., pled guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking charges.

Dominguez and co-defendant Frank Lara, 45, of Albuquerque, N.M., were charged by criminal complaint in July 2017, with methamphetamine trafficking offenses.  According to the complaint, Dominguez and Lara distributed approximately 56.09 grams of 99% pure methamphetamine to an individual working with law enforcement on July 15, 2016, in Dona Ana County, N.M.

Dominguez and Lara subsequently were charged in a two-count indictment filed on Oct. 19, 2017, with conspiracy to distribute methamphetamine from July 14, 2016 through July 15, 2016, and distribution of methamphetamine on July 15, 2016.  According to the indictment, the offenses took place in Dona Ana County.

During today’s proceedings, Dominguez pled guilty to the charges in the indictment without the benefit of a plea agreement.  At sentencing, she faces a mandatory minimum penalty of ten years and a maximum of life in federal prison.  A sentencing hearing has yet to be scheduled.

Lara has entered a plea of not guilty the charges against him.  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 Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the DEA and is being prosecuted by Assistant U.S. Attorney Luis A. Martinez.

ALBUQUERQUE – In Aug. 2016, a multi-agency investigation led by the ATF concluded with the filing of 59 federal indictments and a federal criminal complaint charging 103 Bernalillo County residents with federal firearms and narcotics trafficking offenses.  To date, 84 of these defendants have been convicted, including 83 who have entered guilty pleas, and 62 of them have been sentenced.

The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

Yesterday afternoon, two more Albuquerque residents were sentenced in federal court for their convictions on drug trafficking charges.  Guajira Maya Lovato, 45, was sentenced to 60 months in prison followed by four years of supervised release for her conviction arising out of three indictments, filed as the result of the investigation, charging her with methamphetamine trafficking offenses.  Jonathan Griego, 27, was sentenced to 30 months in prison followed by three years of supervised release for his methamphetamine trafficking conviction. 

Lovato was charged in following three cases arising out of this operation: 

• The indictment in the first case charged Lovato and co-defendants, Juan Jose Rivas, 33, Janet Bowman, 40, and Anthony Barela, 34, with a methamphetamine trafficking offense.  The indictment was later superseded to add a fifth defendant, Maria Citlaly Beltran-Ahumada, 37, and another methamphetamine trafficking charge.  The superseding indictment charged the five defendants with conspiracy to distribute methamphetamine from June 21, 2016 through Aug. 9, 2016, and distributing methamphetamine on June 22, 2016.  Beltran-Ahumada pled guilty to an immigration charge on June 9, 2017, and was sentenced on June 26, 2017.  The charges against Bowman were dismissed in August 2017.  Rivas pled guilty to a methamphetamine trafficking charge on July 27, 2017, and Barela pled guilty to a similar charge on Aug. 3, 2017; both are scheduled for sentencing on Feb. 22, 2018.  On July 27, 2017, Lovato entered a guilty plea to a methamphetamine charge, and admitted that on June 22, 2016, she negotiated the sale of two ounces of methamphetamine with a drug purchaser and later helped complete the transaction. 
• The indictment in the second case charged Lovato and co-defendant Desiree Otero, 24, with conspiracy to distribute heroin from July 20, 2016 through Aug. 9, 2016 and with distributing heroin on July 20, 2016.  Otero pled guilty to distributing heroin on Dec. 7, 2016, and was sentenced on Aug. 15, 2017.  The indictment was dismissed as against Lovato.
• The indictment in the third case charged Lovato and co-defendants Daniel Loya, 31, and Richard Cortez, 37, with conspiracy to distribute methamphetamine from July 21, 2016 through Aug. 9, 2016, and with distributing methamphetamine on July 21, 2016.  On Sept. 22, 2017, Loya pled guilty to distributing methamphetamine, and Cortez pled guilty to a similar charge on Oct. 2, 2017; both are awaiting sentencing.  Lovato is scheduled for trial on the indictment in this case on April 2, 2018.  

Griego and co-defendants Jesus Ramirez, 28, and Richard Porras, 31, were arrested in Aug. 2016, on separate criminal complaints charging them with drug trafficking and firearms offenses.  The three subsequently were jointly charged in a nine-count indictment filed on Aug. 9, 2016, with conspiracy and possessing methamphetamine with intent to distribute.  The indictment also charged Porras with distributing methamphetamine on three occasions, carrying a firearm in relation to a drug trafficking crime, and being a felon in possession of a firearm, and Ramirez with possessing methamphetamine and heroin with intent to distribute, carrying a firearm in relation to a drug trafficking crime, and being a felon in possession of a firearm. 

On May 12, 2017, Griego pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute, and admitted that on Aug. 4, 2016, Griego possessed methamphetamine with the intent distribute the methamphetamine to an individual who unbeknownst to him was an undercover ATF agent.  Ramirez pled guilty on Jan. 25, 2017, and was sentenced on Aug. 24, 2017, to 60 months in prison followed by five years of supervised release.  Porras pled guilty on April 27, 2017; his sentencing hearing has yet to be scheduled.

Sixteen of the defendants charged as the result of the ATF investigation have entered not guilty pleas.  Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law.   Two defendants are fugitives and the charges against two defendants have been dismissed.

These cases were investigated by the Albuquerque office of ATF.  The case against Lovato is being prosecuted by Assistant U.S. Attorney Presiliano Torrez, and the case against Griego was prosecuted by Assistant U.S. Attorney Paul H. Spiers.

ALBUQUERQUE – This afternoon, a U.S. Magistrate Judge sitting in Las Cruces, N.M, ordered a resident of Grant County, N.M., who is charged with being a drug addict in possession of firearms and ammunition, detained pending trial based on findings that he poses a danger to the community.

Richard G. Dinwiddie, 57, of Cliff, N.M., was arrested on Feb. 6, 2018, and was charged with being an unlawful user of controlled substances in possession of firearms and ammunition in a criminal complaint filed on Feb. 7, 2018.  According to the complaint, federal and local law enforcement officers executed a federal search warrant at Dinwiddie’s residence on Feb. 5, 2018, and allegedly found approximately 6.2 grams of methamphetamine, 64.6 grams of marijuana, drug paraphernalia, six firearms, and approximately 1,000 rounds of assorted ammunition.  The complaint further alleges that Dinwiddie has been a methamphetamine user for approximately two years. 

Dinwiddie made his initial appearance in federal court on Feb. 12, 2018.  During this afternoon’s proceedings, Dinwiddie waived his right to a preliminary hearing on whether there was probable cause to support the charge in the criminal complaint.

If convicted of the charge in the criminal complaint, Dinwiddie faces a maximum penalty of ten years in federal prison.  Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Las Cruces office of the FBI, the New Mexico State Police, the Catron County Sheriff’s Office, the Grant County Sheriff's Office and the Silver City Police Department.  Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

Dinwiddie Complaint

ALBUQUERQUE – Virgal Malott, 23, of Albuquerque, N.M., was sentenced late yesterday afternoon in federal court to 200 months (16.6 years) of imprisonment for his conviction on armed robbery of a commercial business, carjacking and firearms charges.  Malott will be on supervised release for three years after completing his prison sentence.  The sentence was announced by Acting U.S. Attorney James D. Tierney, Special Agent in Charge John J. Durastanti, Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief of Police Michael Geier of the Albuquerque Police Department (APD).

Malott was prosecuted under a federal anti-violence initiative that targets the “worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

“Through this initiative, the federal law enforcement community is working with the Albuquerque Police Department to make Albuquerque a safer place to live, work and raise families by protecting them from violent, repeat offenders like Virgal Malott,” said Acting U.S. Attorney Tierney. 

“Our goal is simple, to put violent criminals such as Malott behind bars and off our streets,” said ATF Special Agent in Charge Durastanti. “I wish to commend our law enforcement partners and the leadership of the U.S. Attorney’s Office for their prosecution of this violent felon.”

“It’s important that we use all available resources to target the most violent, repeat offenders, and put an end to their criminal activity,” APD Chief Geier said.  “Albuquerque’s businesses and neighborhoods are safer with these offenders behind bars.”

On Feb. 14, 2015, APD officers arrested Malott on outstanding state felony warrants.  Following Malott’s arrest, APD executed a state search warrant at Malott’s residence as part of its ongoing investigation into a series of armed robberies of Albuquerque-area businesses.  During the search, APD found a loaded firearm, which provided the basis for a federal criminal complaint charging Malott with being a felon in possession of a firearm and ammunition that was filed by ATF on Feb. 18, 2015.  In June 2015, Malott was charged in an 11-count indictment with violating the Hobbs Act by robbing seven businesses engaged in interstate commerce, carjacking, using and brandishing a firearm during crimes of violence, and being a felon in possession of a firearm.  The indictment alleged that Malott committed the crimes in Bernalillo County, N.M., from Dec. 2014 to Jan. 2015.

The indictment was superseded in Aug. 2015, to add two additional defendants, Gabriel Sanchez, 28, and Paul Lujan, 22, both of Albuquerque, and two more charges.  The superseding indictment charged the three men with conspiring to violate the Hobbs Act by robbing businesses engaged in interstate commerce in Jan. 2015, the armed robbery of five Albuquerque-area businesses, and with using and brandishing firearms during crimes of violence.  It also charged Malott alone with the armed robbery of two additional Albuquerque-area businesses, carjacking, and with being a felon in possession of a firearm.  The superseding indictment alleged that the three men committed the crimes charged in Bernalillo County between Dec. 2014 and Jan. 2015.

Aug. 17, 2017, Malott entered a guilty plea to three counts of the superseding indictment charging him with the armed robbery of a business engaged in interstate commerce, carjacking, and using and brandishing a firearm during a crime of violence.  In entering the guilty plea, Malott admitted robbing a title loan business located in Albuquerque on Dec. 22, 2014.  Malott acknowledged that he was armed when he committed the robbery.  He also admitted pointing the firearm at the business’s three employees and that he threatened to kill the employees.  Malott admitted committing a carjacking on Jan. 19, 2015, by pointing a firearm at an individual who was at an Albuquerque convenience store and demanding the individual’s wallet and keys.  Malott fled from the scene in the individual’s vehicle.

Lujan was arrested on Dec. 3, 2015, after he was transferred from state custody into federal custody.  On Aug. 15, 2017, Lujan pled guilty to a felony information charging him with using and carrying a firearm during a crime of violence.  In entering the guilty plea, Lujan admitted that on June 30, 2015, he acted as the getaway driver during the armed robbery of the Loan Max Title Loan in Albuquerque.  Lujan further admitted that he discarded a firearm while running from the police following the armed robbery.  Under the terms of his plea agreement, Lujan will be sentenced to 60 months in federal prison followed by a term of supervised release to be determined by the court.  Lujan remains in federal custody pending his sentencing hearing, which is scheduled for Feb. 22, 2018.

Sanchez was arrested on Dec. 31, 2015.  On Oct. 26, 2017, Sanchez entered a guilty plea to Count 12 of the superseding indictment, charging him with using and carrying a firearm during and in relation to a crime of violence.  In entering the guilty plea, Sanchez admitted that on Jan. 30, 2015, he carried and brandished a firearm during the armed robbery of the Title Max Loans at 3900 San Mateo Blvd. NE in Albuquerque.  Under the terms of his plea agreement, Sanchez will be sentenced to seven years of imprisonment followed by a term of supervised release to be determined by the court.  Sanchez remains in federal custody pending his sentencing hearing, which his scheduled for March 29, 2018.

This case was investigated by the Albuquerque office of ATF and by APD, with assistance from the 2nd Judicial District Attorney’s Office.  Assistant U.S. Attorneys Rumaldo A. Armijo and David M. Walsh are prosecuting the case.

ALBUQUERQUE – Candy May Gonzales, 33, of Canutillo, Texas pled guilty yesterday afternoon in federal court in Las Cruces, N.M., to cocaine trafficking charges arising from the seizure of 4.06 kilograms (8.95 pounds) of cocaine at the U.S. Border Patrol Checkpoint near Las Cruces.

The DEA arrested Gonzales and co-defendant Carlos Ivan Todd, 30, also of Canutillo, Texas, in Oct. 2017, on a criminal complaint charging them with possession of 4.0 kilograms of cocaine with intent to distribute in Dona Ana County, N.M.  According to the complaint, U.S. Border Patrol agents arrested Todd and Gonzales at the U.S. Border Patrol Checkpoint on I-25 near Las Cruces after the agents seized three bundles of cocaine concealed in the vehicle in which Todd and Gonzales were traveling. 

Gonzales subsequently was indicted and was charged with participating in a cocaine trafficking conspiracy from Aug. 2017 through Oct. 8, 2017, and possessing cocaine with intent to distribute on Oct. 8, 2017.  According to the indictment, Gonzales committed the offenses in Dona Ana County.

During yesterday’s proceedings, Gonzales pled guilty to the indictment without the benefit of a plea agreement.  At sentencing, Gonzales faces a mandatory minimum penalty of five years and a maximum of 40 years of imprisonment.  Gonzales remains in custody pending a sentencing hearing, which has yet to be scheduled.

On Jan. 4, 2018, Todd pled guilty to a felony information charging him with conspiracy and possession of cocaine with intent to distribute.  In entering the guilty plea, Todd admitted that on Oct. 8, 2017, he drove a vehicle containing 4.06 kilograms of cocaine hidden in a compartment in the vehicle into the U.S. Border Patrol Checkpoint on I-25 north of Las Cruces.  Todd admitted that he previously agreed with others to drive the cocaine from El Paso, Texas, to Albuquerque, N.M., where the drugs would be distributed further.   At sentencing, Todd faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in prison.  He remains in custody pending a sentencing hearing, which has yet to be scheduled.

This case was investigated by the Las Cruces office of the DEA and the U.S. Border Patrol.  Assistant U.S. Attorney John Balla of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

ALBUQUERQUE – Kenneth Matthew Adame, 25, of Las Cruces, N.M., was sentenced yesterday in federal court to 60 months in prison for his methamphetamine trafficking conviction.  Adame will be on supervised release for four years after completing his prison sentence.

Adame and co-defendants Ricky Joe Garcia, 53, and Christopher Michael Sanchez, 25, both of Las Cruces, were arrested in April 2017, and were charged by criminal complaint with participating in a methamphetamine trafficking conspiracy on April 10, 2017, in Dona Ana County, N.M.  According to the complaint, on that day, Adame, Garcia and Sanchez sold approximately 497.22 grams of methamphetamine to undercover law enforcement agents.

On June 21, 2017, Adame pled guilty to a felony information charging him with conspiracy to distribute methamphetamine, and admitted that on April 10, 2017, he conspired with his co-defendants to distribute 497 grams of methamphetamine.

Sanchez pled guilty to methamphetamine trafficking charges on July 19, 2017, and was sentenced on Nov. 27, 2017, to 60 months in federal prison followed by four years of supervised release.  Garcia pled guilty to methamphetamine trafficking charges on Aug. 2, 2017, and is pending sentencing, which has yet to be scheduled.  At sentencing, Garcia faces a mandatory minimum penalty of five years and a maximum of 40 years of imprisonment.

This case was investigated by the Border Enforcement Security Taskforce of Homeland Security Investigations 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 case is being prosecuted by Assistant U.S. Attorney Brock E. Taylor of the U.S. Attorney’s Las Cruces Branch 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 – Elmira Curley, 22, an enrolled member of the Navajo Nation who resides in Navajo, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to assault and child abuse charges.  Curley entered her guilty plea under a plea agreement that recommends a sentence of 120 months of imprisonment followed by a term of supervised release to be determined by the court.

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 on March 14, 2016. 

During today’s change of plea hearing, 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.

Curley is in federal custody and remains detained pending her sentencing hearing, which has yet to be scheduled.

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 is being prosecuted by Assistant U.S. Attorney Nicholas J. Marshall.

ALBUQUERQUE – Acting U.S. Attorney James D. Tierney, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division and Bernalillo County Sheriff Manuel Gonzales III announced today that Cordny Henry, 31, of Oakland, Calif., pleaded guilty yesterday evening to federal sex trafficking charges.  Henry entered the guilty plea in federal court in Albuquerque, N.M., shortly after a jury had been impaneled and as the trial on a two-count second superseding indictment charging him with federal child sex trafficking offenses was about to commence.

During yesterday evening’s change of plea hearing, Henry pled guilty to the two-count superseding indictment under a plea agreement with the U.S. Attorney’s Office.  The first count of the indictment charged Henry with recruiting and enticing a 13-year-old victim to engage in commercial sex acts by use of force, fraud and coercion in Bernalillo County, N.M., from Sept. 2, 2015 through Sept. 12, 2015.  The second count charged Henry with transporting the 13-year-old victim in interstate commerce for the purpose of having the victim engage in prostitution.

The plea agreement recommends that Henry be sentence to a term of imprisonment within the range of 15 to 25 years followed by ten to 20 years of supervised release.  Henry also will be required to register as a sex offender after his release from prison.  The plea agreement also requires the imposition of a money judgment against Henry in the amount of $10,000 and that Henry pay restitution to the victim of his criminal conduct.  Henry has been in federal custody since his arrest on April 8, 2016, and will remain detained pending his sentencing hearing, which has yet to be scheduled.

The U.S. Marshals Service arrested Henry in Nevada on April 8, 2016, on a criminal complaint filed in New Mexico that charged him with federal child sex trafficking offenses.  Henry subsequently was transferred to New Mexico to face the charges against him.  According to the criminal complaint, the 13-year-old victim ran away from her home in Albuquerque on Sept. 2, 2015, and was found in California on Sept. 12, 2015, after having been sex trafficked in both Albuquerque and Los Angeles.  The investigation, which was initiated by the Bernalillo County Sheriff’s Office (BCSO) and later included the FBI, revealed that Henry was the “pimp” who sex trafficked the victim and transported her to California.  It also revealed that Juanita Williams, 29, of Pittsburgh, Calif., aided and abetted Henry in committing these offenses. 

The FBI and BCSO previously had arrested Williams on March 15, 2016, on a criminal complaint on charges similar to those filed against Henry.  On March 23, 2016, a federal grand jury filed an indictment charging Williams with a child sex trafficking offense.  On April 26, 2016, the indictment charging Williams was superseded to add Henry as a defendant.  The indictment was superseded a second time on Jan. 11, 2018, to add the second count of transporting the victim in interstate commerce for the purpose of engaging in criminal sexual activity against Henry.

Williams entered a guilty plea on April 28, 2017, to a felony information charging her with being an accessory after the fact to sex trafficking.  In entering the guilty plea, Williams admitted that on March 16, 2016, she aided and abetted Henry in avoiding apprehension and prosecution for sex trafficking of a minor by providing false information during a law enforcement interview.  At sentencing, which yet to be scheduled, Williams faces up to 15 years of imprisonment followed by a term of supervised release to be determined by the court.

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

Henry Complaint

ALBUQUERQUE – Odis Levi Booher, 28, of Artesia, N.M., was sentenced today in federal court in Las Cruces, N.M., to 120 months of imprisonment for his conviction on federal firearms and drug trafficking charges.  Booher will be on supervised release for three years after completing his prison sentence.

The Bureau of Alcohol, Tobacco, Firearms and Explosives arrested Booher on Nov. 15, 2016, on a criminal complaint charging him with committing firearms and methamphetamine trafficking offenses in Chaves County, N.M.  According to the complaint, on Nov. 10, 2016, law enforcement agents found approximately 511.2 grams of methamphetamine, a handgun, $2,205 in cash, and drug paraphernalia while executing search warrants on Booher and his vehicle.

On July 18, 2017, Booher pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute, possession of a handgun in relation to a drug trafficking crime, and being a felon in possession of a firearm.  In entering the guilty plea, Booher admitted that on Nov. 10, 2016, he possessed the methamphetamine, firearm and ammunition found inside his truck by law enforcement officers.  Booher acknowledged that on Nov. 10, 2016, he was prohibited from possessing firearms or ammunition because of his prior felony conviction for residential burglary. 

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Chaves County Metro Narcotics Task Force.  The case was prosecuted by Assistant U.S. Attorney Dustin C. Segovia 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 – In Aug. 2016, a multi-agency investigation led by the ATF concluded with the filing of 59 federal indictments and a federal criminal complaint charging 103 Bernalillo County residents with federal firearms and narcotics trafficking offenses.  To date, 84 of these defendants have been convicted, including 83 who have entered guilty pleas, and 60 of them have been sentenced.

The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

This week two Albuquerque residents were sentenced in federal court for their convictions on drug trafficking charges.  Jesus Parra, 30, was sentenced on Feb. 5, 2018, to 63 months in prison followed by three years of supervised release for his methamphetamine trafficking conviction.  Timothy Dilley, 35, was sentenced today to 19 months in prison followed by six years of supervised release for his heroin and methamphetamine trafficking conviction.

Parra was charged in an indictment filed on June 30, 2016, with distribution of methamphetamine on May 12, 2016, in Bernalillo County, N.M.  On June 12, 2017, Parra pled guilty to an information charging him with distribution of methamphetamine and admitted that on May 12, 2016, he distributed methamphetamine to an undercover law enforcement agent. 

Dilley and co-defendant Jonathan Aragon, 38, were arrested in July 2016, based on an indictment alleging that they participated in a drug trafficking conspiracy, and distributed methamphetamine and heroin in June 2016, in Bernalillo County, N.M.  On Sept. 26, 2016, Dilley pled guilty to distributing heroin and methamphetamine on June 15, 2016.  In entering the guilty plea, Dilley admitted selling heroin and methamphetamine to an undercover ATF agent.  Aragon pled guilty on Jan. 20, 2017, and is scheduled to be sentenced on March 5, 2018.

Sixteen of the defendants charged as the result of the ATF investigation have entered not guilty pleas.  Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law.   Two defendants are fugitives and the charges against two defendants have been dismissed.

These cases were investigated by the Albuquerque office of ATF, and Parra and Dilley were prosecuted by Assistant U.S. Attorney Paul H. Spiers.

ALBUQUERQUE – Terrence Shije, 37, an enrolled member and resident of Zia Pueblo, N.M., was sentenced yesterday in federal court in Albuquerque, N.M., to a year and a day in prison for his conviction on a domestic assault by a habitual offender charge.  Shije will be on supervised release for three years after completing his prison sentence.

Shije was arrested on June 2, 2017, on a criminal complaint charging him with domestic assault of an intimate partner by a habitual offender on May 16, 2017.  According to the complaint, Shije caused the victim to suffer bruising and swelling to her face. 

Shije was indicted on June 28, 2017, and was charged with assault of an intimate partner resulting in substantial bodily injury and domestic assault by a habitual offender.  According to the indictment, Shije committed the crime on May 16, 2017, on Zia Pueblo in Sandoval County, N.M.  Shije was charged as a habitual offender based on his two prior domestic violence convictions in the Pueblo of Zia Tribal Court in June 2015 and Aug. 2016.

On Oct. 6, 2017, Shije pled guilty to Count 2 of the indictment charging him with domestic assault by a habitual offender.  In entering the guilty plea, Shije admitted that on May 16, 2017, he assaulted the victim by slapping her face and punching her eye because he did not want her to leave the residence.  Shije further admitted that as the result of the assault, the victim, who was then pregnant, suffered swelling, bumps and bruising near her eye and eye socket.  Shije also admitted that he previously had been convicted on battery on a household member charges in Zia Tribal Court in June 2015 and Aug. 2016.

This case was investigated by the Southern Pueblos Agency of the BIA, Office of Justice Services.  The case was prosecuted by Assistant U.S. Attorney Kyle T. Nayback and Special Assistant U.S. Attorney Lucy B. Solimon 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 – Today in federal court in Albuquerque, N.M., two women were sentenced for their convictions on drug trafficking charges arising out of the seizure of five pounds of heroin.   Tabitha Marie Ochoa, 30, of Merced, Calif., was sentenced to 36 months in prison followed by three years of supervised release, and Maryhelen Princess Ochoa, 32, a U.S. citizen residing in Sonora, Mexico, was also sentenced to 36 months in prison followed by three years of supervised release.

Tabitha Marie Ochoa and co-defendant Maryhelen Princess Ochoa, were arrested in Feb. 2017, after law enforcement officers found nine bundles of heroin weighing approximately 2387 grams (5.26 pounds) in their vehicle during a routine traffic stop.  According to the complaint, the traffic stop took place on Jan. 30 and 31, 2017, in Cibola County, N.M.

On May 19, 2017, Tabitha Marie Ochoa pled guilty, and on Aug. 24, 2017, Maryhelen Princess Ochoa pled guilty.  Both entered guilty pleas to felony informations charging them with possession of heroin with intent to distribute.  In entering the guilty pleas, Tabitha Marie Ochoa and Maryhelen Princess Ochoa admitted possessing approximately 2,387 grams (5.26 pounds) of heroin in a safe that was seized from the vehicle in which they were traveling on Jan. 31, 2017.  Tabitha Marie Ochoa and Maryhelen Princess Ochoa further admitted that they were being paid to deliver the heroin to another person.

This case was investigated by the Albuquerque office of Homeland Security Investigations and the New Mexico State Police.  Assistant U.S. Attorney Elaine Y. Ramirez prosecuted the cases 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 – Jordan Roybal, 26, an enrolled member of the San Ildefonso Pueblo who resides in Santa Fe, N.M., was sentenced today in federal court in Albuquerque, N.M., to 30 months in prison for assaulting a federal officer.  Roybal will be on supervised release for three years after completing his prison sentence.

Roybal was arrested on March 3, 2017, on a criminal complaint charging him with assaulting a federal officer.  According to the criminal complaint, Roybal was arrested on tribal charges on Nov. 21, 2016, after he assaulted a law enforcement officer of the Bureau of Indian Affairs (BIA).  Roybal committed the assault on San Ildefonso Pueblo in Santa Fe County, N.M., by resisting arrest and challenging the officer to fight.  During the assault, Roybal bit the officer on the wrist.  The officer also sustained skinned knees, a scrape on his left hand, swelling of his right knee and soreness to his left wrist as the result of the assault. 

Roybal was subsequently charged in a two-count indictment on March 28, 2017, with assaulting a federal officer on Nov. 21, 2016 in Santa Fe County, and assaulting a federal officer on Jan. 26, 2017, in Rio Arriba County, N.M.

On July 18, 2017, Roybal pled guilty to Count 1 of the indictment charging him with assaulting a federal officer.  In entering the guilty plea, Roybal admitted that on Nov. 21, 2016, he assaulted a BIA officer while the officer was attempting to arrest him on tribal offenses by lying about his identity, cursing at the officer, resisting arrest, throwing his elbow into the officer, biting the officer, and verbally threatening the officer.

This case was investigated by the Santa Fe office of the FBI and the Northern Pueblos Agency of the BIA’s Office of Justice Services.  Assistant U.S. Attorney Elisa Dimas prosecuted the case.

ALBUQUERQUE – Bobby Willis, 45, a resident of Kirtland, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to 24 months in prison followed by three years of supervised release for his conviction on wire fraud charges.  The court will be scheduling a hearing to determine the amount of restitution Willis will be required to pay to the victims of his fraudulent conduct. 

Willis was charged in a two-count indictment filed on Oct. 20, 2015, alleging that, from March 2010 through Aug. 2011, he executed an illegal scheme to defraud two victims out of a $1,000,000.00.  According to the indictment, Willis offered the victims an opportunity to purchase a five-percent interest in a real estate investment company for $1,000,000.00 with the understanding that he and other individuals had also invested millions of dollars in the company.  Willis then spent the victims’ money instead of investing the funds.

Count 1 of the indictment alleges that on Oct. 25, 2010, Willis caused $900,000.00 to be wire transferred from the bank account of the real estate investment company to his and his wife’s bank account.  Count 2 alleges that on Nov. 12, 2010, Willis caused another $95,000.00 to be wire transferred from the real estate investment company’s bank account to his and his wife’s bank account.

On July 12, 2017, Willis pled guilty to the two-count indictment.  In entering the guilty plea, Willis admitted meeting the victims in 2010 and devising a plan to cause the victims to give him $1,000,000.00 to invest in a real estate LLC created by Willis.  Willis further admitted directing the victims to work with his associates to invest the money in a real estate company.  That same real estate company transferred $995,000.00 into an account held by Willis and his wife on Oct. 25, 2010 and Nov. 18, 2010. 

In his plea agreement, Willis admitted that he and his wife spent the victims’ money.  Willis also admitted that he did not invest the victims’ money in any real estate, and when the victims inquired about the status of their investment, he had associates falsely assure the victims that their investment had grown in value.  

This case was investigated by the Albuquerque office of the FBI and was prosecuted by Assistant U.S. Attorney C. Paige Messec.

ALBUQUERQUE – Acting U.S. Attorney James D. Tierney and Special Agent in Charge Ismael Nevarez, Jr., of the Phoenix Field Division of IRS-Criminal Investigation announced the sentencing of a Taos County businessman for his federal tax conviction.

Robert Baños, 46, of Red River, N.M., was sentenced late yesterday afternoon in federal court in Albuquerque, N.M., to 15 months of imprisonment followed by one year of supervised release.  Baños also was ordered to pay $182,771 in restitution to the IRS, which covers the amount involved in the criminal activity charged in the indictment as opposed to the amount involved in the crime of conviction.

Baños is the owner and operator of the Old Tymer’s Café and Bighorn Sports and Rental, both of which are located in Red River in Taos County, N.M.  Baños was indicted on April 12, 2016, and charged with five counts of filing false tax returns.  The indictment charged Baños with violating the federal tax laws during five tax years – 2009 through 2013 – by filing tax returns that failed to report his true income.  During each of those tax years, Baños falsely reported that he had a negative income in the individual income tax returns he filed with the IRS.

On March 3, 2017, Baños pled guilty to Count 5 of the indictment charging him with making and subscribing a false tax return for tax year 2013.  In entering the guilty plea, Baños admitted that during tax years 2009 through 2013, he underreported his businesses’ true income to a tax return preparer knowing the tax return preparer would rely on this false information to prepare and submit Baños’ tax returns.  Baños also acknowledged signing, under penalty of perjury those tax returns, which he knew to be materially false for the purpose of evading federal income taxes. 

This case was investigated by the Albuquerque office of IRS Criminal Investigation and was prosecuted by Assistant U.S. Margaret M. Vierbuchen.

ALBUQUERQUE – William Detwiler, 68, a non-Indian who resides in Vanderwagon, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to 150 months in prison followed by five years of supervised release for his conviction on child sexual abuse and kidnapping charges.  Detwiler will be required to register as a sex offender after completing his prison sentence.

The sentence was announced by Acting U.S. Attorney James D. Tierney, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division and New Mexico State Police Chief Pete N. Kassetas.

Detwiler, who has a prior conviction for criminal sexual contact with a minor, was arrested on May 31, 2016, on a four-count indictment, charging him with two counts of aggravated child sexual assault and two counts of kidnapping.  According to the indictment, Detwiler kidnapped an Indian child under the age of 16 years and sexually abused the victim on two occasions between Nov. 2013 and June 2014.  Detwiler was charged with committing the four crimes on the Navajo Indian Reservation in McKinley County, N.M.

On Aug. 11, 2016, Detwiler pled guilty to a felony information charging him with abusive sexual contact and kidnapping.  In entering the guilty plea, Detwiler admitted that in Nov. 2013, he engaged in sexual contact with the victim and acknowledged that the victim was under the age of 16 years.  Detwiler further admitted that on a date between Aug. 1, 2014 and Sept. 30, 2014, he kidnapped a different Indian child under the age of 16 years.

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

The case also is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.  Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates under this initiative.

ALBUQUERQUE – Taylor Overton Foster, 28, of White Plains, N.Y., was sentenced today in federal court in Albuquerque, N.M., to 46 months in prison followed by three years of supervised release for his conviction on a phencyclidine (PCP) trafficking offense. 

The DEA arrested Foster on Feb. 8, 2017, after seizing seized approximately 508.9 grams (1.12 pounds) of PCP from him during an interdiction investigation at the Amtrak Train Station in Albuquerque.  Thereafter Foster was charged by criminal complaint with possessing PCP with intent to distribute on Feb. 8, 2017, in Bernalillo County, N.M.  Foster subsequently was indicted on Feb. 28, 2017, on the same charge.

On July 14, 2017, Foster pled guilty to a felony information charging him with possession of PCP with intent to distribute.  In entering the guilty plea, Foster admitted transporting PCP to Albuquerque on the Amtrak train on Feb. 8, 2017.  Foster further admitted that a DEA agent discovered the PCP in a leaking bottle inside Foster’s backpack. 

This case was investigated by the DEA Albuquerque District Office.  Assistant U.S. Attorney Eva Fontanez prosecuted the case.

ALBUQUERQUE – Lelander Mays, 32, an enrolled member of the Navajo Nation who resides in Red Mesa, Utah, was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to 37 months in prison followed by three years of supervised release for his conviction on an involuntary manslaughter charge.

Mays was arrested in Dec. 2016, on a criminal complaint charging him with involuntary manslaughter.  According to the complaint, Mays killed a man when Mays crashed his vehicle on Dec. 6, 2016, on the Navajo Indian Reservation in San Juan County, N.M.  At the time of the crash, Mays was driving under the influence of alcohol and the victim, who was a passenger in Mays’ vehicle, was thrown from the vehicle.

Mays was subsequently indicted on Dec. 20, 2016, and charged with involuntary manslaughter.  On June 7, 2017, Mays pled guilty to the indictment without the benefit of a plea agreement. 

This case was investigated by the Farmington office of the FBI, the Navajo Nation Division of Public Safety and the New Mexico State Police.  Assistant U.S. Attorney Nicholas J. Marshall prosecuted the case.

ALBUQUERQUE – Joshua Nestle, 26, of Las Cruces, N.M., was sentenced yesterday in federal court to 140 months in prison for his conviction on methamphetamine trafficking charges.  Nestle will be on supervised release for four years after completing his prison sentence.

Nestle and co-defendant Joclyn Telles, 35, also of Las Cruces, were arrested in Feb. 2017, and were charged by criminal complaint with conspiracy and possession of a controlled substance with intent to distribute.  The complaint also charged Nestle with being a felon in possession of a firearm and with using and carrying a firearm in relation to a drug trafficking crime.  According to the criminal complaint, the defendants committed the crimes on June 29, 2016, in Dona Ana County, N.M.  Law enforcement officers arrested Nestle and Telles on outstanding arrest warrants following a traffic stop, and during a search incident to the arrests, found approximately 2.6 ounces of methamphetamine and a firearm in the vehicle.

On June 7, 2017, Nestle pled guilty to a felony information charging him with conspiracy and possession of methamphetamine with intent to distribute.  In entering the guilty plea, Nestle admitted that on June 29, 2016, he conspired with others to violate the federal drug trafficking laws.  He also admitted possessing the 2.6 ounces of methamphetamine found in his vehicle and acknowledged that he intended to distribute the drugs to others.  Nestle further admitted that on March 9, 2017, he possessed a controlled substance while he was incarcerated at the Dona Ana County Detention Center. 

Telles was indicted on June 21, 2017, and charged with conspiracy and possession of methamphetamine with intent to distribute.  She entered a guilty plea to the indictment on July 18, 2017, without the benefit of a plea agreement.  At sentencing, Telles faces a statutory minimum penalty of five years and a maximum of 40 years in federal prison.  She remains in custody pending a sentencing hearing, which has yet to be scheduled. 

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

ALBUQUERQUE – Anderson Humphrey, 34, of Albuquerque, N.M., pled guilty today in federal court to being a felon in possession of firearms and ammunition.  Under the terms of his plea agreement, Humphrey will be sentenced to 80 months in federal prison followed by a term of supervised release to be determined by the court.

Humphrey was charged by criminal complaint filed on May 26, 2016, with being felon in possession of a firearm and ammunition on May 23, 2016, in Bernalillo County, N.M.  According to the complaint, Albuquerque Police Department (APD) officers located ammunition in Humphrey’s pocket and a firearm and ammunition in Humphrey’s vehicle incident to Humphrey’s arrest for an active warrant for aggravated assault with a deadly weapon, intimidation of a witness and kidnapping a victim.  

Humphrey was subsequently indicted on Sept. 13, 2016, and charged with being a felon in possession of a firearm and ammunition on May 23, 2016, in Bernalillo County.  According to the indictment, Humphrey was prohibited from possessing firearm or ammunition because of his prior felony convictions for unlawful possession of cocaine, burglary of a building, unlawful conspiracy to deliver cocaine and unlawful delivery of cocaine.

Humphrey was arrested on the federal charges in Sept. 2017, after he was transferred to federal custody from state custody where he was detained on related state charges. The state charges later were dismissed in favor of federal prosecution.

During today’s proceedings, Humphrey entered a guilty plea to the indictment and admitted that on May 23, 2016, he was in possession of a firearm and ammunition despite his status as a convicted felon.  Humphrey remains in custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office.  Assistant U.S. Attorney George C. Kraehe is prosecuting the case.

ALBUQUERQUE – Michael Ray Sepulveda, 39, of Silver City, N.M., was sentenced yesterday afternoon in Las Cruces, N.M., federal court to 25 years in prison followed by a lifetime of supervised release for his conviction on federal child exploitation and child pornography charges.  Sepulveda will be required to continue to register as a sex offender after he completes his prison sentence. 

The sentence was announced by Acting U.S. Attorney James D. Tierney, Special Agent in Charge Terry Wade of the Albuquerque Division of the FBI, Acting Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso, and Sheriff Raul D. Villanueva of the Grant County Sheriff’s Office.

Sepulveda, who previously was convicted on state child sexual abuse charges in California, was prosecuted under a federal anti-violence initiative that targets the “worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

“The U.S. Attorney’s Office is committed to working with its federal and local law enforcement partners to investigate and prosecute child exploitation offenses and ensure that those who prey on the most vulnerable among us are brought to justice,” said Acting U.S. Attorney James D. Tierney.  “Those who attempt to hide behind fake profiles on social media would do well to heed this warning:  you will be discovered, caught, and prosecuted.”

“This sexual predator is looking at spending a very long time in prison.  We hope this case sends a strong message that you won’t be able to hide behind a computer screen when you victimize children,” said Special Agent in Charge Terry Wade of the Albuquerque Division of the FBI.  “The FBI worked closely with Homeland Security Investigations and the Grant County Sheriff’s Office on this case, and we congratulate the U.S. Attorney’s Office on a successful prosecution.”

“This investigation is another example of how today’s child predators aren’t always in the same room with their victims,” said Jack P. Staton, Acting Special Agent in Charge of HSI El Paso.  “There is no room in our communities for criminals who prey on our children, and our goal is to continue to identify, arrest and pursue prosecution of individuals who commit such heinous crimes.”

Sepulveda was arrested on Oct. 28, 2016, on a criminal complaint charging him with enticing a child to engage in sexual activity and to produce child pornography, which was transmitted in interstate commerce.  According to the criminal complaint, Sepulveda committed these crimes between July 2015 and Nov. 2015.  Court filings reflect that law enforcement authorities began investigating Sepulveda in the summer of 2016, immediately after learning about his crimes while investigating other conduct.

According to the criminal complaint, Sepulveda used an online social networking website to engage in sexually explicit communications with an underage minor (victim) between July 2015 and Nov. 2015.  In these communications, Sepulveda, who pretended to be a 16-year-old girl, sent sexually explicit photographs to the victim and persuaded the victim to send him sexually explicit photographs of the victim to Sepulveda.  Sepulveda also attempted unsuccessfully to meet with the victim for the purpose of engaging in sexual activity.

On May 24, 2017, Sepulveda pled guilty to a felony information charging him with child exploitation and receipt of child pornography.  In entering the guilty plea, Sepulveda admitted that between July 29, 2015 and Nov. 15, 2015, he attempted to persuade the minor victim to produce pornographic images of the victim and attempted to meet the victim to engage in sexual activity through a social media website.  Sepulveda further admitted that while communicating with the victim, Sepulveda claimed to be a teenage female.  Sepulveda admitted sending the victim images of female genitalia and heterosexual pornography and having sexually explicit conversations with the victim in an effort to induce the victim to produce child pornography for Sepulveda.  According to the plea agreement, between July 29, 2015 and Nov. 15, 2015, in response to Sepulveda’s requests for sexually explicit photos of the victim, the victim sent five pornographic images depicting the victim to Sepulveda.

Under the terms of his sentencing, Sepulveda is prohibited from using or accessing the social media website he used to facilitate his criminal activity, and if Sepulveda wishes to become a member of, visit, or access any other social media website he must seek prior approval from his probation officer.  Sepulveda also was ordered to pay $15,000 in restitution to the victims of his crimes.

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

The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 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 Office of the Attorney General.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Michael Nakai, 33, an enrolled member of the Navajo Nation who resides in Red Valley, Ariz., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to 12 months in prison for assaulting a federal officer.  Nakai will be on supervised release for three years after completing his prison sentence.

Nakai was charged by criminal complaint in Oct. 2016, with assaulting a tribal police officer of the Navajo Nation Division of Public Safety who was commissioned as a Special Law Enforcement Officer by the BIA’s Office of Justice Services.  According to the complaint, Nakai assaulted the officer by kicking the officer in the face during a traffic stop.  Nakai subsequently was indicted on Nov. 15, 2016, and was charged with assaulting a federal officer on Oct. 9, 2016, in San Juan County, N.M.

On Nov. 8, 2017, Nakai pled guilty to the indictment.  In entering the guilty plea, Nakai admitted that on Oct. 9, 2016, he assaulted a federal officer by kicking and striking the officer in the head while the officer was arresting him for driving under the influence of alcohol. 

This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety.  Assistant U.S. Attorney Michael D. Murphy prosecuted the case. 

ALBUQUERQUE – Tony Derrick Torrez, 34, of Albuquerque, N.M., was sentenced today in federal court to 101 months of incarceration for his conviction on drug trafficking and firearms charges.  Torrez will be on supervised release for five years after completing his prison sentence.  Torrez’ federal sentence will run consecutive to the 16-year sentence Torrez already is serving on a state conviction.  During today’s sentencing hearing, Torrez also was ordered to forfeit to the United States $64,000.00 in drug proceeds, firearms and ammunition seized during the investigation of the federal case.

Torrez’s federal sentence was announced by Acting U.S. Attorney James D. Tierney, Special Agent in Charge Karen I. Flowers of the El Paso Division of the DEA, Special Agent in Charge John J. Durastanti, Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief of Police Michael Geier of the Albuquerque Police Department (APD).

“The federal law enforcement community responded to the tragic, senseless death of an innocent child by doing its part to ensure that Tony Torrez spent as much time as possible behind prison walls to contemplate the impact of his actions,” said Acting U.S. Attorney James D. Tierney.  “Whether it was shooting into a moving vehicle, or selling drugs in our neighborhoods, Mr. Torrez’ actions endangered our kids, and the federal law enforcement community is working hand-in-hand with the Albuquerque Police Department to keep our kids safe.” 

“The sentencing today of Tony Torrez sends a message to all who continually engage in violent criminal activity and the distribution of illegal drugs:  we will work together with our federal and state and local counterparts to see that anyone involved in violence and this illicit trade will be brought to justice,” said DEA Special Agent in Charge Karen I. Flowers.

“Today’s sentencing of Tony Torrez sends a loud and clear message to the worst of the worst offenders that too often plague our communities.  Our goal is simple, to put violent, repeat offenders such as Torrez, behind bars for as long as possible, and keep them from interacting with the good people of New Mexico,” said ATF Special Agent in Charge John J. Durastanti. “ATF will continue to work with our law enforcement partners to target armed violent criminals who spread violence on the streets of Albuquerque, and in doing so we will make our community a safer place for all.”

“It is important for the community to know that offenders like Tony Torrez are being held accountable for their crimes,” said APD Chief Michael Geier.  “Our partnership with federal law enforcement agencies is a critical tool in our effort to keep Albuquerque safe.”

Torrez was charged in a federal criminal complaint in Oct. 2015, with possession of marijuana with intent to distribute, and using and carrying firearms in relation to drug trafficking crimes.  The criminal complaint charged Torrez with committing the crimes on Oct. 21 and 22, 2015, in Bernalillo County, N.M.  Torrez subsequently was charged in a five-count indictment with possessing marijuana with intent to distribute; maintaining a place for the purpose of distributing controlled substances; possession of cocaine, testosterone and its esters; possession of firearms and ammunition by an illegal drug user; and possessing firearms and ammunition in relation to a drug trafficking crime.  The indictment asserted that Torrez committed these five crimes on Oct. 21, 2015, in Bernalillo County.         

According to court filings, the federal investigation into Torrez began on Oct. 21, 2015, when APD received a tip about a suspect who shot and killed a child during a road rage incident; the tipster provided a residential address for the suspect.  Based on the tip, APD officers conducted surveillance at the residence where they observed a man, subsequently identified as Torrez, load items into a Toyota sedan.  APD officers later conducted a traffic stop on the Toyota after a woman drove away from the residence in the Toyota.  Shortly thereafter, APD officers conducted a traffic stop on a Lexus sedan that drove away from the residence and identified the driver as Torrez.  APD sealed and towed the two vehicles to the APD Crime Lab.

On Oct. 21, 2015, APD executed a state search warrant at the aforementioned residence where they found shoeboxes containing U.S. currency, paraphernalia and other items consistent with the use of marijuana and a substance believed to be “wax,” a concentrated form of THC oil processed from the marijuana plant.  Thereafter, the DEA executed a federal search warrant on Torrez’s residence and the two vehicles and seized items and paraphernalia used for distributing marijuana and possibly for the manufacturing THC “wax” and oil.  From the vehicles, the officers seized a bag with U.S. currency, marijuana, firearms and ammunition, a bullet-proof vest, a small amount of suspected cocaine, and drug paraphernalia.  Court filings indicate that approximately $64,000.00 in cash was seized from Torrez’s residence and vehicles.

On April 27, 2017, Torrez pled guilty to all five counts of the indictment.  In his plea agreement, Torrez admitted possessing marijuana in Oct. 2015 that he intended to distribute to others as well as illegal steroids for his personal use.  Torrez also admitted possessing several firearms while he was using the illegal steroids to protect himself from the dangers of the drug trafficking business.  Finally, Torrez admitted using his residence to store marijuana he sold.

Torrez previously pled guilty in Dec. 2016, to state court charges arising out of the murder of a child during the Oct. 21, 2015 road rage incident, and was sentenced to a 16-year term of imprisonment. 

This case was investigated by the Albuquerque offices of the DEA and ATF and APD, with assistance from the 2nd Judicial District Attorney’s Office.  Assistant U.S. Attorneys Paul Mysliwiec and Nicholas Ganjei prosecuted the case.

ALBUQUERQUE – Cory G. Bates, 29, of Rio Rancho, N.M., pled guilty today in federal court in Albuquerque, N.M., to violating the federal firearms laws by unlawfully possessing a firearm. 

Bates, whose prior criminal history includes felony convictions for aggravated burglary with a deadly weapon, armed robbery, aggravated battery with a deadly weapon, and cocaine trafficking, is being prosecuted under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.           

Bates was arrested in June 2016, on an indictment charging him with being a felon in possession of a firearm and ammunition on Jan. 9, 2016, in Bernalillo County, N.M.  According to the indictment, Bates was prohibited from possessing firearms or ammunition because of his status as a convicted felon.

During today’s change of plea hearing, Bates pled guilty to the indictment and admitted that on Jan. 9, 2016, he possessed a firearm and ammunition despite his status as a convicted felon.  At sentencing, Bates faces a statutory maximum penalty of ten years in federal prison.  Bates remains in custody pending a sentencing hearing, which has yet to be scheduled.

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney George C. Kraehe is prosecuting the case.

ALBUQUERQUE – Jamell Damian Harris, Jr., 38, of Los Angeles, Calif., was sentenced this afternoon in federal court in Albuquerque, N.M., to 60 months in prison for his heroin trafficking conviction.  Harris will be on supervised release for four years after completing his prison sentence.

The DEA arrested Harris in July 2017, after seizing approximately 470 grams (1.04 pounds) of heroin from him during an interdiction investigation at the Amtrak Train Station in Albuquerque.  The criminal complaint setting forth the charge against Harris stated that the heroin was concealed in a suitcase belonging to Harris’ travel companion.

Harris subsequently was indicted on Aug. 8, 2017, and was charged with conspiracy and possession of heroin with intent to distribute on July 13, 2017, in Bernalillo County, N.M.

On Sept. 27, 2017, Harris pled guilty to Count 2 of the indictment charging him with possession of heroin with intent to distribute.  In entering the guilty plea, Harris admitted transporting approximately 390.90 grams of heroin from Victorville, Calif., to Albuquerque on the Amtrak train by concealing the heroin inside a shopping bag of men’s clothing in a suitcase belonging to his traveling companion.  Harris also admitted that he intended to give the heroin to another individual for further distribution when he reached his final destination of Chicago.

This case was investigated by the Albuquerque office of the DEA.  Assistant U.S. Attorney Rumaldo R. Armijo 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 – Xavior Akina, 21, of Albuquerque, N.M., was sentenced today in federal court to 84 months in prison for violating the Hobbs Act by robbing a pizza delivery person on March 7, 2016.  Akina will be on supervised release for three years after completing his prison sentence.

Akina was charged in a three-count indictment filed on May 10, 2016.  The indictment charged Akina with two counts of violating the Hobbs Act, the first on March 6, 2016, by robbing a Domino’s Pizza employee at gunpoint, and the second on March 7, 2016, by robbing a Papa John’s Pizza employee at gunpoint.  It also charged Akina with brandishing a firearm during the two crimes of violence, and alleged that Akina committed the offenses in Bernalillo County, N.M.

On July 20, 2017, Akina pled guilty to the armed robbery of a Papa Johns pizza delivery person and to brandishing a firearm during the robbery.  In entering the guilty plea, Akina admitted that on March 7, 2016, he threatened the victim with a firearm and demanded money from the victim while the victim was delivering pizza.

This case was investigated by the Albuquerque office of the FBI and was prosecuted by Assistant U.S. Attorney Eva Fontanez.

ALBUQUERQUE – Richard J. Hall, 32, of Albuquerque, N.M., was sentenced today in federal court to 63 months in prison followed by three years of supervised release for his conviction on a bank robbery charge.

Hall was arrested on April 6, 2017, on a criminal complaint charging him with robbing the Wells Fargo Bank located at 1800 Eubank Blvd. NE, in Albuquerque, on March 30, 2017.  According to the complaint, Hall robbed the Wells Fargo Bank by handing a bank teller a note in which he threatened to hurt someone if the bank teller did not give Hall money. 

Hall subsequently was indicted on April 26, 2017, on a bank robbery charge.  On June 13, 2017, Hall pled guilty to the indictment without the benefit of a plea agreement. 

This case was investigated by the Albuquerque office of the FBI.  Assistant U.S. Attorney George C. Kraehe prosecuted the case.

ALBUQUERQUE – Acting U.S. Attorney James D. Tierney, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division and U.S. Marshal Conrad E. Candelaria today announced that Roy G. Heilbron, 54, a cardiologist residing in Santa Fe, N.M., pled guilty in federal court in Albuquerque, N.M., to an obstruction of justice charge.  The charge against Heilbron arises out of his alleged attempt to obstruct and impede sentencing proceedings in a pending criminal case.  

“The administration of justice depends on the honesty and good faith of all concerned, even those charged with crimes,” said Acting U.S. Attorney Tierney.  “In this case, Mr. Heilbron impeded the administration of justice by falsely claiming that he required medical treatment in Costa Rica for the purpose of delaying or avoiding sentencing for committing healthcare fraud.  For this, he deserves just punishment.”

“A doctor who cheats Medicare and private insurance companies by billing them for unnecessary tests is a criminal,” said FBI Special Agent in Charge Wade.  “When that doctor tries to delay sentencing by lying and making up phony documents, he’s a criminal looking at possibly spending a lot more time in prison.  The FBI hopes today’s guilty plea sends a message that we will not allow wrongdoers to avoid paying for their crimes.”

Heilbron was charged on Sept. 6, 2017, in a two-count indictment with making and presenting fraudulent documents regarding his medical condition to a U.S. Probation Officer, and submitting the fraudulent documents for the purpose of postponing or avoiding sentencing in a pending health care fraud prosecution.  The indictment alleges that Heilbron committed the two crimes in Bernalillo County, N.M., and elsewhere, between Aug. 3, 2017 and Aug. 7, 2017.

Heilbron previously had pleaded guilty in federal court in Albuquerque, N.M., to a health care fraud charge on Feb. 17, 2017, under a plea agreement recommending a sentence of two years of imprisonment followed by a term of supervised release to be determined by the court.  

On Aug. 7, 2017, Heilbron’s attorney filed a motion to continue Heilbron’s sentencing hearing, which was then scheduled for Aug. 28, 2017, to permit Heilbron to begin chemotherapy in Costa Rica for prostate cancer.  The motion included two attachments:  a one-page “Treatment Protocol for Roy Heilbron” dated Aug. 3, 2017, which purported to detail Heilbron’s alleged prostate cancer diagnosis, and a three-page “Clinical Summary” dated June 24, 2017, which purported to outline a four-cycle chemotherapy treatment plan.  The two documents purported to be authored by a physician with offices in San Jose, Costa Rica, and Miami, Fla.

On Aug. 9, 2017, a U.S. Magistrate Judge issued a warrant for Heilbron’s arrest based on a criminal complaint setting forth the same charges as those contained in the indictment.  The complaint outlined the FBI’s investigation into the claims made in the “Clinical Summary” and “Treatment Protocol,” and asserted that Heilbron created the two documents himself and that Heilbron was not a patient of the physician whose name appears on the fraudulent documents.  According to the complaint, Heilbron allegedly provided the fraudulent documents to his U.S. Probation Officer on Aug. 4, 2017, in support of a request to postpone his sentencing hearing.

During today’s proceedings, Heilbron entered a guilty plea to the obstruction of justice charge of the indictment.  According to the plea agreement, Heilbron acknowledged that he previously pled guilty to a health care fraud charge on Feb. 17, 2017, and had a sentencing hearing on Aug. 28, 2017.  In entering his guilty plea, Heilbron admitted that on Aug. 4, 2017, he sent his Probation Officer an email requesting to postpone his sentencing hearing based on the representation that he was scheduled to begin chemotherapy treatments in Costa Rica on Aug. 14, 2017.  In support of his request, Heilbron attached a clinical summary and treatment protocol purportedly authored by Heilbron’s physician.  Heilbron further admitted that the email was false and created for the purpose of delaying or avoiding the sentencing hearing on his health care fraud plea, and at the time he made the request for the postponement, he was on vacation in Europe with no intention of beginning chemotherapy treatments in Costa Rica beginning on Aug. 14, 2017. 

In entering the guilty plea, Heilbron acknowledged that when he sent the false email, he was on release under a July 1, 2015 order of the U.S. District Court for the District of New Mexico relating to his health care fraud charge that put him on notice on the effect of committing crimes while on presentence release. 

At sentencing, Heilbron faces a maximum penalty of 30 years in federal prison, which will run consecutive to the two-year term of term of imprisonment he faces as the result of his guilty plea in the health care fraud case.  Heilbron remains in federal custody pending sentencing hearings in in his obstruction of justice and health care fraud cases, which have yet to be scheduled.

The obstruction of justice case was investigated by the Santa Fe and Albuquerque offices of the FBI, with assistance from the Charlotte office of the FBI and the U.S. Marshals Service, and the Santa Fe office of the FBI investigated the health care fraud case.  Assistant U.S. Attorneys Jeremy Peña and George C. Kraehe are prosecuting both cases.

ALBUQUERQUE – Acting U.S. Attorney James D. Tierney, Special Agent in Charge Terry Wade of the Albuquerque Division of the FBI, and Eddy County Sheriff Mark Cage announced the arraignment of Lori V. Whitaker, 54, of Carlsbad, N.M., on wire fraud charges at the federal courthouse in Las Cruces, N.M.

Whitaker was arraigned this morning on a 75-count indictment charging her with perpetrating a scheme to defraud her former employer, the Otis Mutual Domestic Water Consumers and Sewage Works Association (Association), out of approximately $800,000.00 over a two-year period.  The indictment charges Whitaker with 75 counts of wire fraud alleging that she fraudulently transmitted funds by means of wire communications between March 27, 2015 and Feb. 3, 2017, as part of a scheme to defraud the Association.  The funds involved in the 75 transactions charged range from $416.00 to $15,746.64.  During today’s arraignment hearing, Whitaker entered a not guilty plea and was released pending trial, which has not been scheduled, under pretrial supervision and other conditions of release.

 “This indictment reflects the Justice Department’s commitment to investigate and prosecute fraudulent conduct that adversely impacts the lives of innocent victims,” said Acting U.S. Attorney Tierney.

 “The scope of these charges shows the determination of the FBI to work with our partners to make sure justice is done,” said FBI Special Agent in Charge Wade.  “I am proud of the FBI agents and staff who worked with the U.S. Attorney’s Office and Eddy County Sheriff’s Office on this case.”

Eddy County Sheriff Cage said, “This indictment brings us another step closer to bringing closure to the people who rely on the Otis water co-op for potable water and irrigation.  The Eddy County Sheriff’s Office is grateful to the FBI for partnering with us and applying their resources and expertise to this complex case, and we look forward to continuing to work with the FBI and the U.S. Attorney’s Office as the prosecution moves forward.”

According to the indictment, Whitaker was employed by the Association, a non-profit special purpose government association that provided potable water and a wastewater system to more than 4300 people in Otis, N.M., in Eddy County, as its office manager from 2003 through April 2017.  The indictment alleges that, as the Association’s office manager, Whitaker was responsible for controlling the Association’s finances, had access to the Association’s payroll account, and received a company credit card intended for use for Association-related expenses. 

The indictment alleges that from March 2015 through Feb. 2017, Whitaker perpetrated a scheme to defraud the Association through which she embezzled approximately $800,000.00 of the Association’s funds for her personal use.  According to the indictment, Whitaker executed the scheme to defraud in two ways.  First, Whitaker allegedly defrauded the Association by using its credit card account for personal purposes unrelated to the Association’s business.  To this end, the indictment alleges that Whitaker repeatedly used the credit card to obtain cash advances and initiate other charges at casinos, which she allegedly was not authorized to do.  Second, Whitaker allegedly defrauded the Association by paying off credit card balances through frequent, but unauthorized, online transfers from the Association’s payroll account.

The indictment includes forfeiture provisions, which seek forfeiture to the United States of any property or proceeds derived from the crimes charged in the indictment.  It also seeks the entry of a money judgment against Whitaker in the amount of $800,000.00.

If convicted, Whitaker faces a maximum statutory penalty of 20 years of imprisonment.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt in a court of law.

This case was investigated by the FBI office in Las Cruces with assistance from the Eddy County Sheriff’s Office.  Assistant U.S. Attorneys John A. Balla and Richard C. Williams are prosecuting the case.

Whitaker Indictment

ALBUQUERQUE – Miller Eugene Francis, 59, of Albuquerque, N.M., pled guilty yesterday afternoon in federal court to violating the Sex Offender Registration and Notification Act (SORNA). 

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

The U.S. Marshals Service arrested Francis in Sept. 2016, on a criminal complaint charging him with violating SORNA by failing to update his sex offender registration.  According to the complaint, Francis was convicted in Massachusetts in 1999, of rape and abuse of a child.  According to court documents, Francis registered as a sex offender in Bernalillo County, N.M., beginning in July 2003 until he left the United States in Oct. 2003.  The complaint further alleged that Francis reentered the United States in Dec. 2015, and failed to update his sex offender registration in Bernalillo County from May 2016 through Aug. 2016, as required.

Francis subsequently was charged by indictment on Oct. 12, 2016, with violating SORNA by failing to update his sex offender registration in Sandoval and Bernalillo Counties, N.M., between April 1, 2016 and Sept. 20, 2016. 

During yesterday’s proceedings, Francis pled guilty to the indictment.  In entering the guilty plea, Francis admitted that he was convicted in Jan. 1999, of criminal offenses that required him to register under SORNA.  Francis further admitted that from Oct. 2003 through Dec. 2015, he resided outside of the United States, and beginning in April 2016, he resided in New Mexico, but failed to update his sex offender registration in New Mexico as required. 

At sentencing, Francis faces a maximum penalty of ten years in federal prison followed by a minimum of five years to a lifetime of supervised release.  Francis will also be required to register as a sex offender when he completes his prison sentence pursuant to his previous sexual abuse conviction.  A sentencing hearing has yet to be scheduled

This case was investigated by the U.S. Marshals Service and is being prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez.

ALBUQUERQUE – Sage Andrew Yazzie, 21, an enrolled member of the Navajo Nation who resides in Farmington, N.M., was sentenced today in federal court in Santa Fe, N.M., to 144 months in prison for his conviction on voluntary manslaughter and firearms charges.  Yazzie will be on supervised release for three years after completing his prison sentence.

Yazzie was arrested on March 10, 2016, on a criminal complaint charging him with killing a Navajo man on the Navajo Indian Reservation in San Juan County, N.M., on Feb. 23, 2016.  According to the criminal complaint, Yazzie entered a residence and shot the victim in the head with a firearm.

Yazzie was indicted on March 23, 2016, and was charged with first-degree murder and with using and carrying a firearm in relation to a crime of violence.  According to the indictment, Yazzie committed the offenses on Feb. 23, 2016, in San Juan County.

On June 14, 2017, Yazzie pled guilty to a felony information charging him with voluntary manslaughter and discharging a firearm during a crime of violence.  In entering the guilty plea, Yazzie admitted that on Feb. 23, 2016, he entered a residence in Huerfano, N.M., and killed the victim during a sudden quarrel by shooting the victim with a handgun. 

This case was investigated by the Farmington office of the FBI, the Navajo Nation Division of Public Safety and the Farmington Police Department and was prosecuted by Assistant U.S. Attorneys Raquel Ruiz-Velez and Elaine Y. Ramirez.

ALBUQUERQUE – Paul Jay Harry, 33, of Carlsbad, N.M., was sentenced today in federal court in Las Cruces, N.M., to 57 months in prison for being a felon in possession of a firearm.  Harry will be on supervised release for three years after completing his prison sentence.

Harry was arrested on Jan. 17, 2017, and was charged by criminal complaint with being a felon in possession of a firearm and ammunition and possession of a firearm not registered to him in the National Firearms Registration and Transfer Record (NFRTR) on May 2, 2016, in Chaves County, N.M.  According to the complaint, Harry was arrested on an outstanding warrant for failing to comply with probation following a routine traffic stop.  Law enforcement officers subsequently executed a state search warrant on Harry’s vehicle and seized a sawed off rifle, which was not registered to Harry in the NFRTR, ammunition and drug paraphernalia. 

Harry was indicted on April 19, 2017, and was charged with being a felon in possession of a firearm.  According to the indictment, Harry had a prior burglary conviction.

On May 25, 2017, Harry pled guilty to the indictment and admitted that on May 2, 2016, he possessed a short-barreled rifle.  Harry further admitted that he could not legally possess firearms or ammunition because of his convictions in 2009 for vehicle burglary and forgery.

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Roswell Police Department.  Assistant U.S. Attorney Brock E. Taylor of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.