District of New Mexico

ALBUQUERQUE – Leroy Gallegos, 58, of Albuquerque, N.M., was sentenced today in federal court to 60 months in prison for his conviction on a methamphetamine trafficking charge.  Gallegos will be on supervised release for four years after completing his prison sentence.

Gallegos was arrested on Oct. 4, 2017, on a criminal complaint charging him with distribution of methamphetamine.  According to the complaint, Gallegos sold approximately four ounces of methamphetamine to an undercover law enforcement agent on Aug. 31, 2017, in Bernalillo County, N.M. 

Gallegos subsequently was indicted on Oct. 24, 2017, and was charged with distribution of more than 50 grams of methamphetamine.  Gallegos pled guilty to the indictment on Nov. 1, 2017, without the benefit of a plea agreement.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and was prosecuted by Assistant U.S. Attorney Paul H. Spiers.

ALBUQUERQUE – Cesar Rascon Sierra, 27, of Albuquerque, N.M., was sentenced today in Santa Fe, N.M., to 24 months in prison for being a felon in possession of a firearm.  Sierra will be on supervised release for three years after completing his prison sentence.

 

The Bureau of Alcohol, Tobacco, Firearms and Explosives arrested Sierra on Feb. 14, 2017, on an indictment charging him with being a felon in possession of firearms and ammunition on Nov. 24, 2015, in Bernalillo County, N.M.  According to the indictment, Sierra was prohibited from possessing firearms or ammunition because of his prior felony convictions for auto burglary, unlawful possession of a controlled drug with intent to distribute, and possession of a controlled drug without a tax stamp affixed.

 

On June 22, 2017, Sierra pled guilty to the indictment.  In entering the guilty plea, Sierra admitted that he was in possession of a stolen pistol, a revolver, and multiple rounds of ammunition on Nov. 24, 2015, when police found him asleep and slumped over the steering wheel of his vehicle which was illegally parked facing north in a southbound lane with the car engine running.  Sierra acknowledged that he was prohibited from possessing firearms or ammunition on Nov. 24, 2015, because of his prior felony convictions.

 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department and was prosecuted by Assistant U.S. Attorney Rumaldo R. Armijo.

ALBUQUERQUE – Moises Jimenez-Salas, 40, a Mexican national illegally in the United States who previously has been deported three times, was sentenced this morning in federal court in Santa Fe, N.M., to 60 months of imprisonment for his conviction on drug trafficking and firearms charges.  Jimenez-Salas will be deported following his prison sentence. 

 

Jimenez-Salas was arrested on May 12, 2016, and was charged in a criminal complaint with possessing methamphetamine and heroin with intent to distribute, and using and carrying a firearm and ammunition in relation to a drug trafficking crime.  Court records reflect that on May 11, 2016, detectives of the Bernalillo County Sheriff’s Office (BCSO) responded to a motel at Coors Blvd. NW and Interstate 40 in Albuquerque after receiving a tip about drug trafficking activity occurring at the motel.   At the motel, the detectives observed Jimenez-Salas carrying a cardboard box that contained 463 grams of methamphetamine and 16 grams of heroin.  During a search incident to arrest, the detectives found a bag containing 21 grams of methamphetamine in Jimenez-Salas’ pocket and a firearm and ammunition on his waistband.   

 

Jimenez-Salas subsequently was charged in a four-count indictment on May 25, 2016.  The indictment charged Jimenez-Salas with being an alien illegally in possession of a firearm and ammunition, possessing heroin and methamphetamine with intent to distribute, and using and carrying a firearm in relation to a drug trafficking crime.  The indictment alleged that Jimenez-Salas committed the crimes on May 11, 2016, in Bernalillo County, N.M. 

 

On June 27, 2017, Jimenez-Salas pled guilty to possession of heroin with intent to distribute, and using and carrying a firearm in relation to a drug trafficking crime.  In his plea agreement, Jimenez-Salas admitted that on May 11, 2016, he was in possession of a firearm and ammunition, approximately 484 grams of methamphetamine and 16 grams of heroin when he encountered BCSO officers outside of an Albuquerque-area motel.  Jimenez-Salas further admitted that he possessed the firearm and ammunition as tools of the drug trafficking trade.

 

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and BCSO and was prosecuted by Assistant U.S. Attorney Rumaldo R. Armijo 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..

 

This case is also 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.

ALBUQUERQUE – Guy Bell, 29, of Las Cruces, N.M., pled guilty today in federal court to drug trafficking and firearms charges.

 

Bell was arrested on Aug. 16, 2017, on an indictment charging him with distributing methamphetamine near a school, being a felon in possession of a firearm, and using and carrying a firearm in relation to a drug trafficking crime.  According to the indictment, Bell committed the offenses on Nov. 2, 2016, in Dona Ana County, N.M.  Bell was prohibited from possessing firearm or ammunition because he previously has been convicted of larceny of a firearm and tampering with evidence. 

           

During today’s proceedings, Bell pled guilty to a felony information charging him with distribution of methamphetamine near a school, being a felon in possession of a firearm and using and carrying a firearm in relation to a drug trafficking crime.  In entering the guilty plea, Bell admitted that on Nov. 2, 2016, he facilitated the sale of approximately 27 grams of pure methamphetamine between an undercover law enforcement agent and Bell’s source of supply, by driving the agent to the residence of the source of supply, which was approximately 500 feet away from an elementary school.  Bell also admitted carrying a loaded pistol during the drug transaction for his protection.  Bell acknowledged that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.

 

At sentencing, Bell faces a maximum penalty of 40 years of imprisonment on the drug trafficking charge and a maximum penalty of ten years of imprisonment for being a felon in possession of a firearm.  In addition, Bell faces a mandatory penalty of at least five years of imprisonment for using a firearm in relation to a drug trafficking crime and this sentence must be served consecutive to the sentence imposed on the other charges.  Bell remains in custody pending his sentencing hearing, which has yet to be scheduled.

 

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and is being prosecuted by Assistant U.S. Attorneys John Balla and Dustin Segovia of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Gilberto Garcia, 42, of Las Cruces, N.M., pled guilty this morning in federal court to a methamphetamine trafficking charge under a plea agreement with the U.S. Attorney’s Office. 

 

Garcia was arrested in Oct. 2017, on a criminal complaint charging him with possessing methamphetamine with intent to distribute.  According to the complaint, law enforcement officers seized approximately 128 gross grams of methamphetamine from Garcia’s vehicle following a routine traffic stop on May 10, 2017, in Dona Ana County, N.M. 

 

During today’s proceedings, Garcia pled guilty to a felony information charging him with possessing methamphetamine with intent to distribute.  In entering the guilty plea, Garcia admitted that on May 10, 2017, Las Cruces Police Department officers seized approximately 80.5 grams of pure methamphetamine from Garcia following a traffic stop on the vehicle Garcia was driving based on a license plate violation.  Garcia admitted that he intended to distribute the methamphetamine to others.

 

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

 

This case was investigated by the Las Cruces offices of the DEA and FBI and the Las Cruces Police Department.  Assistant U.S. Attorney Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case. 

ALBUQUERQUE – A federal grand jury has filed an indictment charging Juan Martin Rosales, 48, of Chaparral, N.M., with child pornography offenses, announced by Acting U.S. Attorney James D. Tierney, Acting Special Agent in Charge Jack P. Staton of Homeland Security Investigations (HSI) in El Paso, Sheriff Enrique Vigil of the Dona Ana County Sheriff’s Office, Chief Patrick Gallagher of the Las Cruces Police Department and Sheriff Benny House of the Otero County Sheriff’s Office.

 

The 18-count indictment charges Rosales with 15 counts of producing child pornography and three counts of possessing child pornography.  The indictment alleges that Rosales produced child pornography four times on Sept 28, 2016, and 11 times on Sept. 30, 2016.  The indictment further alleges that on Oct. 16, 2017, Rosales possessed child pornography on two micro SD cards and a smartphone.  According to the indictment, Rosales committed the crimes in Otero County, N.M.

 

Rosales was arraigned on the indictment in federal court in Las Cruces, N.M., yesterday and entered a not guilty plea.  Rosales has been detained since Oct. 2017, when he was arrested on a criminal complaint.  He remains in federal custody pending trial, which has not yet been scheduled.

 

The criminal complaint filed against Rosales in Oct. 2017, charged him with child exploitation and child pornography offenses, and alleged that Rosales sexually exploited children and received and possessed child pornography from Oct. 2015 through Oct 16, 2017, in Dona Ana County, N.M.  According to the complaint, the investigation into Rosales was initiated in April 2017, when Rosales’ neighbors went to the Dona Ana County Sheriff’s Office to report that Rosales allegedly possessed a tablet computer containing child pornography.  The complaint further alleged that Rosales used a cellular phone to take photographs of children engaged in sexually explicit conduct.  During the execution of a search warrant on Oct. 16, 2017, law enforcement agents allegedly recovered numerous SD cards, cellular phones, a tablet computer and other electronic devices from Rosales’ home, which allegedly contained child pornography. 

 

If convicted of producing child pornography, Rosales faces a statutory mandatory minimum penalty of 15 years and a maximum of 30 years in federal prison.  If convicted of possessing child pornography, Rosales faces a maximum penalty of 20 years in federal prison.  Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

 

This case was investigated by the Las Cruces office of Homeland Security Investigations, the Dona Ana County Sheriff’s Office, Las Cruces Police Department and the Otero County Sheriff’s Office.  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 more 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 tipline at (575) 526-3437.

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 57 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, Davon Johnson, 44, a resident of Albuquerque, N.M., was sentenced to 60 months of imprisonment for his methamphetamine trafficking conviction.  Johnson will be on supervised release for three years after completing his prison sentence. 

 

Johnson was arrested on July 6, 2016, on an indictment charging him with distribution of MDMA on June 9, 2016, in Bernalillo County, N.M.  On July 17, 2017, Johnson pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute.  In entering the guilty plea, Johnson admitted that on June 9, 2016, he sold approximately 100 pills containing methamphetamine to another individual in exchange for money. 

 

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.

 

This case was investigated by the Albuquerque office of ATF and is being prosecuted by Assistant U.S. Attorney Presiliano Torrez.

Charge

 

ALBUQUERQUE – Raymond Gachupin, 23, an enrolled member and resident of Jemez Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to a voluntary manslaughter charge.  Under the terms of his plea agreement, Gachupin will be sentenced within the range of 18 to 78 months in prison followed by a term of supervised release to be determined by the court.

 

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

 

During today’s proceedings, Gachupin pled guilty to a felony information charging him with voluntary manslaughter.  In entering the guilty plea, Gachupin admitted that on July 1, 2016, he strangled the victim during a physical altercation.  Gachupin further admitted that the victim became unconscious, suffered a cardiac event, and died as the result of Gachupin’s actions.  Gachupin remains in custody pending a sentencing hearing, which has yet to be scheduled.

 

This case was investigated by the Albuquerque office of the FBI and the Jemez Pueblo Tribal Police Department.  Assistant U.S. Attorneys Joseph M. Spindle and Elisa Dimas and Special Assistant U.S. Attorney Lucy B. Solimon are prosecuting the case.

ALBUQUERQUE – Charmaine Peralta, 38, of Albuquerque, N.M., pled guilty today in federal court in to assaulting a federal law enforcement officer.

 

Peralta was charged in Jan. 2017, by criminal complaint with assaulting a federal officer in Bernalillo County, N.M.   According to the complaint, Peralta assaulted a Task Force Officer of the South West Investigative Fugitive Team (SWIFT) of the U.S. Marshals Service by biting the Task Force Officer on the arm resulting in bleeding and bruising, and by kicking the Officer repeatedly in the chest.  According to the complaint, Peralta committed the assault when SWIFT Officers were executing an arrest warrant on Peralta for the underlying charge of possession of a controlled substance and she became combative and actively resisted arrest when confronted by the Officers.  

 

Peralta subsequently was indicted on March 14, 2017, and was charged with assaulting and resisting a federal officer involving physical contact on Jan. 19, 2017, in Bernalillo County.  During today’s proceedings, Peralta pled guilty to the indictment without the benefit of a plea agreement.

 

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

 

This case was investigated by the South West Investigative Fugitive Team (SWIFT) of the U.S. Marshals Service for the District of New Mexico with assistance from the New Mexico Department of Corrections and is being prosecuted by Assistant U.S. Attorney David M. Walsh.

ALBUQUERQUE – Luis Fernando Moreno, 38, of El Paso, Texas, made his initial appearance today in federal court in Las Cruces, N.M., on a criminal complaint charging him with producing and possessing child pornography.  Moreno remains in federal custody pending a preliminary hearing and a detention hearing, which are scheduled for Jan. 23, 2018.

 

The criminal complaint alleges that Moreno produced and possessed child pornography in May 2013, in Dona Ana County, N.M.  According to the complaint, the Sunland Park Police Department initiated an investigation into Moreno after responding to an allegation that Moreno allegedly recorded a minor victim with his cellular phone while the minor victim was showering.  The complaint further alleges that images and videos of child pornography allegedly created by Moreno and depicting another minor victim were located on Moreno’s cellular phone and laptop computers. 

 

The statutory penalty for a conviction on a production of child pornography charge is a mandatory minimum of 15 years and a maximum of 30 years of imprisonment.  The statutory penalty for a conviction on a possession of child pornography charge is a maximum of ten years of imprisonment.  Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

 

This case was investigated by the Las Cruces office of Homeland Security Investigations, the Sunland Park Police Department and the Las Cruces Police Department with assistance from the U.S. Marshals Service.  Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse.  Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For information about Project Safe Childhood, please visit http://www.justice.gov/psc/.  Individuals with information relating to suspected child predators and suspected child abuse are encouraged to contact the Children’s Advocacy Center at (575) 526-3437.

 

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

ALBUQUERQUE – Two residents of Albuquerque, N.M., were sentenced in federal court today for their convictions on conspiracy, fraud, identify theft and theft of mail charges.  Katie Carrillo, 27, was sentenced to 25 months of imprisonment followed by three years of supervised release, while her co-defendant Ralph Eastman, 49, was sentenced to 36 months of imprisonment followed by three years of supervised release

 

Carrillo and Eastman were charged in a 16-count indictment on Aug. 23, 2016, with conspiracy, ten counts of bank fraud, three counts of aggravated identity theft, and two counts of theft of mail.  According to the indictment, the defendants committed the offenses from Dec. 2015 through April 2016, in Bernalillo County, N.M., by stealing mail and packages from cluster mailboxes located in apartment complexes.  The mail stolen included checkbooks, checks, ATM cards, PIN numbers and personal identifiers of victims, which the defendants allegedly used to commit further crimes. 

 

On Aug. 2, 2017, Eastman pled guilty to the charges against him in the indictment, namely, conspiracy, eight counts of bank fraud, and two counts of theft of mail.  Eastman also pled guilty to a felony information charging him with aggravated identify theft.  In entering the guilty plea, Eastman admitted that from Dec. 2015 through April 2016, he conspired with Carrillo and others to steal mail and packages for the purpose of obtaining financial information and forms of identification.  Eastman also admitted that he and Carrillo altered checks and used them at local businesses in exchange for goods, services and online transactions.  In addition, Eastman admitted that he and others used stolen identifications and personal information to facilitate fraudulent transactions.   In his plea agreement, Eastman also acknowledged that he and Carrillo stole mail and packages from authorized depositories for the U.S. Postal Service through mailboxes located at an Albuquerque apartment complex on March 9, 2016 and March 12, 2016. 

 

On Aug. 18, 2017, Carrillo pled guilty to conspiracy, two counts of bank fraud, two counts of aggravated identity theft and two counts of theft or receipt of stolen mail.  Carrillo entered the guilty plea without the benefit of a plea agreement. 

 

The U.S. Postal Inspection Service, the Albuquerque Police Department and the Sandoval County Sheriff’s Office investigated this case, which was prosecuted by Assistant U.S. Attorneys Nicholas Jon Ganjei and Paul Mysliwiec.

ALBUQUERQUE – This morning a U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a criminal complaint charging Daniel Penrod, 29, of Albuquerque, N.M., with violating federal firearms laws by unlawfully possessing a firearm and ammunition.  Penrod was remanded into federal custody pending trial which has yet to be scheduled.

 

Acting U.S. Attorney James D. Tierney, Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and U.S. Marshal Conrad E. Candelaria said that Penrod, whose prior criminal history includes felony convictions for 2nd degree murder, receiving or transferring a stolen vehicle, and battery on a police officer will be 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 Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) filed a criminal complaint against Penrod charging him with being a felon in possession of a firearm in Bernalillo County, N.M., on Jan. 17, 2018.  According to the criminal complaint, on that date, Deputy U.S. Marshals arrested Penrod on a state felony arrest warrant for a probation violation.  During the arrest operation, Penrod allegedly attempted to pull a loaded firearm out of his waistband but dropped the firearm in response to commands from Deputies.

 

If convicted of the charge in the criminal complaint, Penrod faces 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 ATF office in Albuquerque and the South West Investigative Fugitive Team (SWIFT) of the U.S. Marshals Service for the District of New Mexico with assistance from the New Mexico Department of Corrections Probation Parole Security Threat Intelligence Unit and the Bernalillo County Sheriff’s Office.  Assistant U.S. Attorney Kimberly A. Brawley is prosecuting the case. 

ALBUQUERQUE – Nathaniel Eddie Madrid, 40, of Carlsbad, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 57 months in prison for violating the federal firearms laws by unlawfully possessing firearms and ammunition.  Madrid will be on supervised release for three years after completing his prison sentence.

 

Madrid, whose prior criminal history includes felony convictions for possession of a controlled substance, contributing to the delinquency of a minor, breaking and entering, armed robbery with a deadly weapon, and being a felon in possession of a firearm, 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.

 

Madrid was arrested on April 18, 2016, on a criminal complaint charging him with being a felon in possession of firearms and ammunition and possession of a firearm not registered to him in the National Firearms Registration and Transfer Record (NFRTR) in Lincoln County, N.M.  According to the complaint, law enforcement officers recovered three firearms, ammunition, marijuana and drug paraphernalia from Madrid’s vehicle.  A search of the NFRTR also revealed that Madrid did not have any firearms registered in his name.

 

Madrid subsequently was indicted on Aug. 17, 2016, and charged with being a felon in possession of firearms and ammunition on Oct. 26, 2015, in Lincoln County.  According to the indictment, Madrid was prohibited from possessing firearms or ammunition because of his status as a convicted felon.  Court documents indicate that Madrid was on probation for a conviction for being a felon in possession of firearms and ammunition when he was arrested.

 

On Jan. 12, 2017, Madrid pled guilty to the indictment without the benefit of a plea agreement.  

 

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the New Mexico State Police.  Assistant U.S. Attorney Alfred J. Perez of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

ALBUQUERQUE – Christopher Joshua Cortes, 33, of El Paso, Texas, was sentenced today in federal court in Las Cruces, N.M., to 63 months in prison for his conviction on a methamphetamine trafficking charge.  Cortes will be on supervised release for three years after completing his prison sentence.

 

Cortes was arrested on April 17, 2017, on an indictment charging him with conspiring to distribute methamphetamine from March 2016 through June 2016, and distributing methamphetamine on June 6, 2016.  According to the indictment, Cortes committed the offenses in Dona Ana County, N.M.  The indictment included forfeiture provisions requiring Cortes to forfeit $6,500, the money involved in the drug transaction, to the United States.

 

On Aug. 2, 2017, Cortes pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute, and admitted that he voluntarily agreed with others to distribute methamphetamine in Dona Ana County from about March 13, 2016 through June 6, 2016.  Cortes further admitted distributing approximately 407 grams of pure methamphetamine to an undercover law enforcement agent on June 6, 2016.

 

This case was investigated by Homeland Security Investigations and was prosecuted by Special Assistant U.S. Attorney Clara Cobos of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Luciano Garcia, 42, of Albuquerque, N.M., was sentenced yesterday in federal court to 135 months in prison for his conviction on a methamphetamine trafficking charge.  Garcia will be on supervised release for five years after completing his prison sentence.

 

Garcia and co-defendants Antonio Marco Bustillos, 43, and Jason Ulibarri, 43, both of Albuquerque, were arrested in Aug. 2017, on a criminal complaint charging them with methamphetamine trafficking and firearms offenses.  According to the complaint, Garcia, Bustillos and Ulibarri were arrested after attempting to sell approximately 1.03 kilograms (2.27 pounds) of methamphetamine contained in two bundles to another individual.  Incident to his arrest, a fully loaded firearm was allegedly recovered from Bustillos’ rear pocket. 

 

The co-defendants were subsequently charged in a three-count indictment on Aug. 22, 2017.  Garcia, Bustillos and Ulibarri were charged with possession of methamphetamine with intent to distribute on Aug. 10, 2017, in Bernalillo County, N.M.  Bustillos was charged individually with being a felon in possession of a firearm and ammunition, and possession of a firearm in furtherance of a drug trafficking crime on Aug. 10, 2017, in Bernalillo County.  Bustillos was prohibited from possessing firearms of ammunition because he previously had been convicted of robbery. 

 

On Sept. 14, 2017, Garcia pled guilty to Count 1 of the indictment charging him with possession of more than 500 grams of methamphetamine with intent to distribute without the benefit of a plea agreement.

 

Bustillos and Ulibarri have both entered pleas of not guilty to the charges against them.  Charges in complaint and indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law.  

 

This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Paul Mysliwiec.

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 57 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, Albuquerque, N.M., resident, Felix Ulibarri, 39, was sentenced to 84 months in prison followed by six years of supervised release for his conviction on a methamphetamine trafficking charge. 

 

Ulibarri was indicted on July 28, 2016, and was charged with distributing methamphetamine on July 11, 2016.  The indictment subsequently was superseded on Aug. 9, 2016, to add Leo Lopez, 29, Joseph Sena, 40, and Jennifer Padilla, 39.  The superseding indictment charged Ulibarri and Padilla with participating in a conspiracy to distribute methamphetamine in July 2016; Lopez, Sena and Padilla with participating in a different conspiracy to distribute methamphetamine in July 2016; Ulibarri with distributing methamphetamine on July 11, 2016; and Sena with distributing methamphetamine on July 26, 2016.  According to the indictment, the defendants committed the crimes in Bernalillo County. On Aug. 22, 2017, Ulibarri pled guilty to one count of distributing methamphetamine and admitted that on July 11, 2016, he distributed more than 50 grams of methamphetamine to an undercover law enforcement agent.

 

Ulibarri’s three co-defendants have entered guilty pleas.  Padilla pled guilty on Sept. 22, 2017, and was sentenced to 24 months in prison followed by three years of supervised release on Jan. 3, 2018.  Lopez pled guilty on March 20, 2017, and was sentenced to 60 months in prison followed by four years of supervised release on June 19, 2017.  Sena pled guilty on May 5, 2017, and is pending sentencing.

 

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.

 

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

ALBUQUERQUE – Nicolas Robert Muniz, 26, of Monahans, Tex., pled guilty this afternoon in federal court in Las Cruces, N.M., to violating federal drug trafficking and firearms laws under a plea agreement with the U.S. Attorney’s Office.

 

Muniz was charged by criminal complaint on June 5, 2017, after law enforcement officers seized approximately 504 grams of methamphetamine, 50 grams of marijuana, and firearms and ammunition from Muniz’s vehicle following a routine traffic stop.  During the traffic stop, Muniz allegedly acted suspicious and nervous causing the officers to deploy a drug detection canine on the vehicle, and the canine allegedly alerted the officers to the presence of controlled substances in the vehicle.

 

Muniz and his codefendant Michael Dwain Samples, 26, also of Monahans, Tex., were subsequently charged in a six-count indictment on Sept. 13, 2017.  Muniz and Samples were charged with conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute.  Muniz was charged individually with being a felon in possession of a firearm and ammunition and possession of a firearm in relation to a drug trafficking crime.  Samples was charged individually with being a felon in possession of a firearm and ammunition and possession of a firearm in relation to a drug trafficking crime.  According to the indictment, the offenses took place on May 16, 2017, in Lea County, N.M.  Samples was prohibited from possessing firearms or ammunition because he was previously convicted of possession of a controlled substance.  Muniz was prohibited from possessing firearms or ammunition because he was previously convicted of theft of property.

 

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

 

On Oct. 31, 2017, Samples pled guilty to conspiracy to distribute methamphetamine, possession of methamphetamine with intent to distribute and being a felon in possession of a firearm and ammunition.  In entering the guilty plea, Samples admitted that on May 16, 2017, he traveled from Monahans, Texas, to Carlsbad, to purchase approximately 469 grams of methamphetamine with the intention of distributing the methamphetamine to other people in exchange for money.  Samples further admitted that on May 16, 2017, he was in possession of a firearm and ammunition despite his status as a convicted felon. 

 

At sentencing, Muniz faces a statutory minimum penalty of five years and a maximum of 40 years in federal prison and a mandatory penalty of five years in federal prison which must be serviced consecutive to any other sentence imposed.  Samples faces a statutory minimum penalty of ten years and a maximum of life in federal prison.  Muniz and Samples remain in custody pending sentencing hearings which have yet to be scheduled. 

 

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

ALBUQUERQUE – Barry Romero, 38, of Belen, N.M, pled guilty today in Albuquerque, N.M., to unlawfully possessing body armor and Oxycodone trafficking.  Romero’s plea agreement recommends a 96-month term of imprisonment followed by a term of supervised release to be determined by the court. 

 

Romero is being prosecuted under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution because of his previous felony convictions for armed robbery, attempt to commit robbery and cocaine trafficking.  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.

           

Romero was arrested on Sept. 28, 2016, on a two-count indictment charging him with being a felon in possession of a firearm and ammunition and possession of body armor by a felon who has been convicted of a crime of violence.  According to the indictment, Romero committed the crimes on Nov. 10, 2015, in Valencia County, N.M.  Romero was prohibited from possessing firearms, ammunition or body armor because of his prior felony convictions. 

 

During today’s change of plea hearing, Romero pled guilty to a felony information charging him with possession of body armor by a felon who has been convicted of a crime of violence and possession of Oxycodone with intent to distribute.  In entering the guilty plea, Romero admitted that on Nov. 10, 2015, he was arrested at his residence in Belen, by Deputy U.S. Marshals who had a warrant for Romero’s arrest on a parole violation.  During the execution of a search warrant on Romero’s residence incident to his arrest, law enforcement agents located body armor, two handgun cases, ammunition, Oxycodone and drug paraphernalia.  Romero further admitted that he possessed the oxycodone with the intent to distribute it to other people.  Romero acknowledged that he was convicted of armed robbery in 2005, prior to unlawfully obtaining the body armor.  Romero remains in custody pending a sentencing hearing which has yet to be scheduled.

 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance of the U.S. Marshals Service.  Assistant U.S. Attorney Norman Cairns is prosecuting 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 – Dustin Blake Otwell, 30, of Gainesville, Ga., was sentenced yesterday in federal court in Santa Fe, N.M., to 299 days in prison followed by five years of supervised release for violating the Sex Offender Registration and Notification Act (SORNA).  Otwell will be required to register as a sex offender after completing his prison sentence. 

 

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.

 

Otwell was charged by indictment on Feb. 7, 2017, with violating SORNA by failing to update his sex offender registration from Aug. 17, 2016 through Jan. 17, 2017, in Colfax County, N.M.  On June 22, 2017, Otwell pled guilty to the indictment without the benefit of a plea agreement.

 

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

ALBUQUERQUE –Timothy J. Martin, 33, of Taos, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to 60 months in federal prison followed by five years of supervised release for his child pornography conviction.  Martin will be required to register as a sex offender after completing his prison sentence.

 

Martin, who has a prior child pornography conviction, 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.

 

Martin was arrested on July 29, 2016, on a criminal complaint alleging that he possessed, received and distributed visual depictions of minors engaged in sexually explicit activity between Jan. 2016 and July 2016, in Taos County, N.M.  According to the criminal complaint, the investigation into Martin began in Sept. 2015, when HSI agents received a report identifying a shared network that was being used to share child pornography files.  On Jan. 3, 2016, investigators identified an IP address subscribed to Martin at Martin’s residential address that was being used to download child pornography files.  On July 28, 2016, law enforcement authorities seized a laptop computer that contained child pornography while executing a search warrant at Martin’s residence. 

 

Martin subsequently was charged in a two-count indictment filed on Aug. 23, 2016, with receiving child pornography on Jan. 3, 2016, and possessing child pornography from July 23, 2015 through July 28, 2016.  According to the indictment, Martin committed the crimes in Taos County.

 

On Oct. 31, 2017, Martin pled guilty to receiving child pornography.  In entering the guilty plea, Martin admitted that on Jan. 3, 2016, he downloaded a video depicting child pornography from the internet onto his laptop computer.

 

This case was investigated by the Albuquerque office of HSI with assistance from the New Mexico State Police and the Taos Police Department.  Assistant U.S. Attorney Jeremy Pena 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 – Sophia Ann Villalobos, 42, of Lubbock, Texas, pled guilty this week in federal court in Las Cruces, N.M., to unlawfully dispensing controlled substances.  Under the terms of her plea agreement, Villalobos will be sentenced to a maximum of 12 months in prison.

 

Villalobos entered her guilty plea to a felony information on Jan. 9, 2018, that charged her with unlawfully dispensing a controlled substance, Oxycodone Hydrochloride, outside the usual course of medical practice and without any legitimate medical purpose.  According to the information, Villalobos committed the crime on April 21, 2015, in Eddy County, N.M.

 

According to court documents, in 2015, Villalobos was a licensed Nurse Practitioner who had a medical practice in Carlsbad, N.M.  In entering her guilty plea, Villalobos admitted that in early 2015, she wrote prescriptions for controlled substances for an individual without a valid medical reason.  More specifically, Villalobos admitted that on April 21, 2015, she issued a prescription to an individual for 120 tablets of 30 mg Oxycodone Hydrochloride outside the usual course of medical practice and without any legitimate medical purpose.

 

According to court documents, on July 9, 2015, Villalobos surrendered her medical license and registration with the DEA, and is no longer authorized to dispense or prescribe controlled substances. 

 

After entering the guilty plea, Villalobos was released under the supervision of the U.S. Probation Services and other conditions of release pending her sentencing hearing, which has yet to be scheduled.

 

This case was investigated by the DEA, New Mexico State Police and the Pecos Valley Drug Task Force.  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.

 

Assistant U.S. Attorneys Richard C. Williams and Sarah Davenport of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case 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 – Luis Mendoza-Alarcon, 46, a Mexican national illegally in the United States, was sentenced today in federal court in Albuquerque, N.M., to 144 months of imprisonment for his conviction on federal cocaine trafficking and illegal reentry charges.  Mendoza-Alarcon will be deported after completing his prison sentence.

 

Mendoza-Alarcon and co-defendant Giovanni Montijo-Dominguez, 37, also a Mexican national, were arrested on Oct. 7, 2014, and were charged by criminal complaint with cocaine trafficking offenses.  They were indicted on Nov. 5, 2014, and both were charged with cocaine trafficking offenses, while Montijo-Dominguez also was charged with illegal reentry to the United States.  Mendoza-Alarcon and Montijo-Dominguez subsequently were charged in a superseding indictment on June 30, 2016.  The superseding indictment charged Mendoza-Alarcon and Montijo-Dominguez with conspiracy to possess cocaine with intent to distribute from Oct. 3, 2014 through Oct. 7, 2014; Mendoza-Alarcon with carrying a firearm in relation to a drug trafficking crime on Oct. 7, 2014; and Montijo-Dominguez with illegal reentering the United States on Oct. 7, 2014.  According to the superseding indictment, the defendants committed the offenses in Bernalillo County, N.M.

 

On June 2, 2017, after a two-week trial, a federal jury convicted Mendoza-Alarcon and Montijo-Dominguez of conspiring to possess at least five kilograms of cocaine with intent to distribute it to others.

 

The evidence at trial established that between Oct. 3, 2014 and Oct. 7, 2014, Mendoza-Alarcon negotiated the sale of approximately six kilograms of cocaine from an undercover law enforcement agent.  On Oct. 7, 2014, Mendoza-Alarcon and Montijo-Dominguez arrived in a white Chevrolet Tahoe in the parking lot of a store in southwest Albuquerque to meet with undercover agents.  Although Mendoza-Alarcon expressed concern to the undercover agents that the parking lot might be occupied by law enforcement, the defendants proceeded with the sale by presenting the undercover agents with a large sum of cash in order to buy six kilograms of cocaine.  Law enforcement agents testified that, once the signal to arrest Mendoza-Alarcon and Montijo-Dominguez was given, Montijo-Dominguez attempted to run away, but was quickly caught and arrested.   The agents searched the defendants’ white Chevrolet Tahoe, and found a functional firearm loaded with live ammunition.

 

On July 27, 2017, Montijo-Dominguez pled guilty to Count 3 of the superseding indictment charging him with illegally reentering the United States.  Montijo-Dominguez was sentenced on Dec. 12, 2017 to 120 months in prison.  He will be deported following his prison sentence. 

 

This case was investigated by the Albuquerque office of Homeland Security Investigations and was prosecuted by Assistant U.S. Attorneys Samuel A. Hurtado and Paul Mysliwiec.

ALBUQUERQUE – Benjamin F. Chavez, 55, of Cubero, N.M., was sentenced today in federal court in Albuquerque, N.M., to 75 months in prison followed by four years of supervised release for his methamphetamine trafficking conviction.  Chavez also was ordered to forfeit five firearms.

 

Homeland Security Investigations arrested Chavez on Feb. 22, 2016, on an indictment charging him with distributing methamphetamine on April 21, 2015, in Cibola County, N.M.   On Aug. 9, 2017, Chavez pled guilty to a felony information charging him with distributing methamphetamine and admitted that he distributed 55.74 grams of pure methamphetamine to an undercover law enforcement agent on April 21, 2015. 

 

The case was investigated by the Albuquerque office of Homeland Security Investigations and was prosecuted by Assistant U.S. Attorney Alexander M. Uballez.

ALBUQUERQUE – Darius L. James, 40, an enrolled member of Acoma Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to voluntary manslaughter and firearms charges. 

 

James was arrested on Aug. 24, 2017, on a criminal complaint charging him with killing an Acoma Pueblo man by shooting him three times on the Acoma Pueblo Indian Reservation in Cibola County, N.M.  According to the complaint, James encountered the victim hidden in a bedroom closet in James’ residence.  As the victim fled the scene, James followed him into a nearby field and fired several shots, killing the victim.  At the time, James was prohibited from possessing firearms or ammunition because of his status as a convicted felon. 

 

During today’s proceedings, James pled guilty to a felony information charging him with voluntary manslaughter and brandishing a firearm during a crime of violence.  In entering the guilty plea, James admitted that on July 24, 2017, he used a rifle to shoot the victim.  James also acknowledged that he was prohibited from possessing firearms because he was a convicted felon, and agreed to forfeit his firearms and ammunition to law enforcement. 

 

This case was investigated by the Albuquerque office of the FBI and the Acoma Pueblo Tribal Police Department.  Assistant U.S. Attorney Nicholas J. Marshall is prosecuting the case.

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 56 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, Mexican national Antonio Perez-Contreras, 30, was sentenced to 108 months in prison for his conviction on drug trafficking and firearms charges.  Perez-Contreras will be deported following his prison sentence.

 

Perez-Contreras and co-defendant Jesus Manuel Garcia, 43, of Albuquerque, were charged by indictment on June 30, 2016, with methamphetamine trafficking, firearms and illegal reentry offenses.  The indictment was superseded on July 28, 2016, and again on Jan. 12, 2017.  The ten-count second superseding indictment charged Perez-Contreras and Garcia with conspiring to distribute methamphetamine from May 3, 2016 through July 6, 2016, and distributing methamphetamine on May 18, 2016 and July 6, 2016.  Perez-Contreras was charged individually with being an alien in possession of a firearm and ammunition and illegal reentry into the United States on May 18, 2016, and distribution of methamphetamine on June 9, 2016.  Garcia was charged individually with being a felon in possession of a firearm and ammunition on May 17, 2016, May 18, 2016, June 7, 2016, and July 6, 2016.  On Sept. 7, 2017, Perez-Contreras pled guilty to a felony information and admitted that on May 18, 2016, he distributed approximately 415.4 grams of methamphetamine to an undercover law enforcement agent.  Perez-Contreras further admitted that he possessed a firearm and ammunition on May 18, 2016, and was prohibited from possessing firearms and ammunition because he was an alien unlawfully in the United States. 

 

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.

 

This case was investigated by the Albuquerque office of ATF and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez and Raquel Ruiz-Velez.

ALBUQUERQUE – Malorie Reyannon Lujan (Lujan), 30, an enrolled member of the Zuni Pueblo who resides in Bosque Farms, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge.

 

Terrence Lujan, 31, an enrolled member of the Isleta Pueblo who resides in Bosque Farms, was arrested in Aug. 2016, on an indictment charging him with assaulting a woman on July 19, 2015.  The indictment was superseded on Dec. 20, 2016, to include Lujan and another assault charge.  The two-count superseding indictment charged Lujan and Terrence Lujan with assaulting two women and causing them to sustain serious bodily injuries.  According to the superseding indictment, Lujan and Terrence Lujan committed the crimes on July 19, 2015, on the Pueblo of Isleta in Bernalillo County, N.M.

 

During today’s proceedings, Lujan pled guilty to a misdemeanor information charging her with one count of assault by striking, beating or wounding.  In entering the guilty plea, Lujan admitted that on July 19, 2015, she participated in the assault of one of the victims by hitting, kicking and striking the victim, and by aiding and abetting others who assaulted the victim.  Lujan admitted committing this crime hile others assaulted the other victim.

 

At sentencing, Lujan faces a maximum penalty of one year in prison.  A sentencing hearing has yet to be scheduled. 

 

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

 

This case was investigated by Southern Pueblos Agency of the BIA’s Office of Justice Services and the Isleta Pueblo Tribal Police Department.  Assistant U.S. Attorney Michael D. Murphy and Special Assistant U.S. Attorney Lucy B. Solimon are prosecuting this 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 American 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 – Yarelys Marquez, 19, of Albuquerque, N.M., pled guilty today in federal court to conspiracy and bank fraud charges arising out of a scheme to steal mail from U.S. Postal Service (USPS) mail collection boxes at U.S. Post Offices in the Albuquerque area in July and Aug. 2017.

 

U.S. Postal Inspectors arrested Marquez and co-defendants Jorge R. Cabrera, 20, Hector Lau, 21, and Fernando Cairo-Rosell, 29, all of Albuquerque, on Aug. 30, 2017, based on criminal complaints charging them with theft of mail and bank fraud charges.  The criminal complaint alleged that in July and Aug. 2017, mail collection boxes at USPS stations in Albuquerque repeatedly were broken into and mail was stolen.  The U.S. Postal Inspection Service initiated an investigation into the scheme after receiving complaints that checks deposited in the mail collection boxes had been stolen, altered and deposited into accounts allegedly held by the defendants.            

 

The four defendants subsequently were charged with conspiracy and nine counts of bank fraud in a ten-count indictment, which was filed on Sept. 21, 2017.  According to the indictment, the four defendants participated in a conspiracy to commit bank fraud that began in July 2017 and continued until Aug. 2017, and operated in Bernalillo County, N.M.  The indictment also charges the four defendants with committing bank fraud against four credit unions that maintain branches in Albuquerque.  The indictment alleges that the defendants conspired to commit bank fraud by stealing checks that had been deposited in U.S. mail depositories, altering the checks, and attempting to pass the checks off as legitimate to banking institutions.  The indictment alleges that as part of their bank fraud scheme, the defendants deposited checks, which had been altered to make them payable to members of their conspiracy and in amounts ranging from $500 to $4,754, into bank accounts held by members of the conspiracy. 

 

During today’s proceedings, Marquez pled guilty to conspiracy and one count of bank fraud under a plea agreement with the U.S. Attorney’s Office.  In entering the guilty plea, Marquez admitted that from July 10, 2017 through Aug. 9, 2017, she conspired with others to deposit altered checks, which she knew had been stolen from mailboxes throughout Albuquerque, and during the mailbox robberies she acted as a lookout.  Marquez further admitted that on July 16, 2017, she deposited a stolen check into another individual’s checking account that she knew had been among the checks stolen from within a mailbox and had their terms re-written without the account holder’s permission. 

 

Cairo-Rosell previously pled guilty on Dec. 4, 2017, to conspiracy and five counts of bank fraud under a plea agreement with the U.S. Attorney’s Office.  In entering the guilty plea, Cairo-Rosell admitted that from July 10, 2017 through Aug. 9, 2017, he conspired with others to deposit altered checks, which Cairo-Rosell knew had been stolen from mailboxes throughout Albuquerque.  Cairo-Rosell further admitted that on at least four occasions, he allowed his bank account at an Albuquerque-area credit union to be used to deposit checks in exchange for a portion of the check-cashing proceeds.

 

At sentencing, Marquez and Cairo-Rosell each face a maximum penalty of 30 years in federal prison.  Sentencing hearings have yet to be scheduled.

 

Cabrera and Lau have entered pleas of not guilty to the charges against them and are pending trial.  Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law. 

 

This case was investigated by the Albuquerque office of the U.S. Postal Inspection Service and is being prosecuted by Assistant U.S. Attorney Shaheen P. Torgoley.

ALBUQUERQUE – A Santa Fe, N.M., man is detained pending trial on federal cocaine base trafficking charges according to the U.S. Attorney’s Office, the DEA and the Santa Fe Police Department.  According to court filings, the charges against Kevin Madrid, 31, are the result of a long-term investigation into a drug trafficking organization allegedly headed by Madrid that distributed crack cocaine in northern New Mexico.

 

The DEA and Santa Fe Police Department arrested Madrid on Dec. 20, 2017, based on an indictment charging him with participating in a cocaine base trafficking conspiracy and distribution of cocaine base.  Cocaine base is more commonly known as “crack” or “crack cocaine.”  The indictment alleges that between March 2017 and Dec. 2017, Madrid conspired with others to distribute more than 280 grams of crack cocaine in Santa Fe County, N.M.  It further alleges that Madrid distributed more than 280 grams of crack cocaine on Oct. 26, 2017, in Bernalillo County, N.M. 

 

Madrid was arraigned on the indictment on Dec. 22, 2017, and entered a not guilty plea.   Madrid was ordered detained pending trial, which is currently scheduled for Feb. 12, 2018. 

           

If convicted of the crimes charged in the indictment, Madrid faces a mandatory minimum penalty of ten years and a maximum of life in federal prison.  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 the DEA and the Santa Fe Police Department.  Assistant U.S. Attorney Timothy S. Vasquez is prosecuting the case.

ALBUQUERQUE – Zachary Wilson, 27, an enrolled member of the Navajo Nation who resides in Dulce, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to sexual abuse charges.  Under the terms of his plea agreement, Wilson will be sentenced within the range of 24 to 36 months in prison followed by a term of supervised release to be determined by the court.  Wilson also will be required to register as a sex offender.

 

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

 

During today’s change of plea hearing, Wilson pled guilty to Count 2 of the indictment charging him with abusive sexual contact and to a felony information charging him with abusive sexual contact.  In entering the guilty plea, Wilson admitted that on July 30, 2016, he engaged in two acts of sexual contact with a Jicarilla Apache woman who had not reached the age of majority.  Wilson also admitted that the victim was incapable of declining to participate in or communicate the unwillingness to engage in a sexual act.  Wilson remains in custody pending a sentencing hearing, which has yet to be scheduled.

 

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

ALBUQUERQUE – Jothonnie Yazzie, 29, of Rocksprings, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to an indictment charging him possessing child pornography.  Yazzie entered the guilty plea under a plea agreement recommending a sentence within the range of 37 to 63 months in prison followed by ten years of supervised release.  He also will be required to register as a sex offender after he completes his prison sentence.

 

The FBI and McKinley County Sheriff’s Office arrested Yazzie on Dec. 20, 2016, on the indictment, which was filed on Dec. 7, 2016, and charged him with possessing visual depictions of minors engaged in sexually explicit conduct.  According to the indictment, Yazzie committed the crime between Jan. 2016 and May 2016, in McKinley County, N.M.

 

During today’s change of plea hearing, Yazzie pled guilty to the indictment.  In his plea agreement, Yazzie admitted that from Jan. 2016 through May 2016, he downloaded videos and images of child pornography from the internet and saved them onto his cellular phone.  Yazzie further admitted that the phone contained approximately 366 images and 61 videos of child pornography.  Yazzie remains in custody pending a sentencing hearing, which has yet to be scheduled.

 

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

 

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 – Ricardo Javier Garza, 41, of Carlsbad, N.M., pled guilty this morning in Las Cruces, N.M., federal court to violating the federal firearms laws by unlawfully possessing a firearm and ammunition.  

 

The Bureau of Alcohol, Tobacco, Firearms and Explosives arrested Garza on May 4, 2017, on a criminal complaint charging him with being a felon in possession of a firearm on March 5, 2014, in Eddy County, N.M.  According to the complaint, law enforcement officers found a firearm and multiple rounds of ammunition in Garza’s residence after receiving a tip from Eddy County Crime Stoppers that Garza, a convicted felon, was in possession of stolen firearms.

 

Garza subsequently was indicted on Sept. 13, 2017, and was charged with being a felon in possession of a firearm and ammunition on March 5, 2014, in Eddy County.  According to the indictment, Garza was prohibited from possessing firearms or ammunition because he previously had been convicted of aggravated burglary, larceny with a firearm, and receiving stolen property.

 

During today’s proceedings, Garza entered a guilty plea to the indictment without the benefit of a plea agreement.  At sentencing, Garza faces a maximum penalty of ten years in federal prison.  A sentencing hearing has yet to be scheduled.

 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Pecos Valley Drug Task Force and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan 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 – Alexis Tarango, 22, of Farmington, N.M., pled guilty last week in federal court in Santa Fe, N.M., to a methamphetamine trafficking charge.

 

Tarango was arrested on July 13, 2017, on indictment charging him with possession of more than 50 grams of methamphetamine with intent to distribute on Jan. 30, 2016, in San Juan County, N.M.  On Jan. 5, 2018, Tarango entered a guilty plea to the indictment without the benefit of a plea agreement.

 

At sentencing, Tarango faces a mandatory minimum penalty of five years and a maximum of 40 years in federal prison.

 

This case was investigated by the Farmington office of the FBI and the San Juan County Sheriff’s Office.  Assistant U.S. Attorney Margaret M. Vierbuchen is prosecuting the case.

ALBUQUERQUE – David Lucero, 40, an enrolled member and resident of Isleta Pueblo, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to an assault charge.  Under the terms of his plea agreement, Lucero will be sentenced to a maximum of 24 months in federal prison.

 

Lucero was arrested in Nov. 2016, on an indictment charging him with assault resulting in serious bodily injury and assault resulting in substantial bodily injury.  According to the indictment, Lucero committed the crimes between May 9 and 10, 2016, on the Isleta Pueblo in Bernalillo County, N.M.

 

During today’s proceedings, Lucero pled guilty to Count 1 of the indictment charging him with assault resulting in serious bodily injury.  According to the plea agreement, during the night of May 9, 2016 and into the early morning of May 10, 2016, Lucero was intoxicated and argued with the victim, Lucero’s intimate partner.  Lucero became upset and struck the victim in the face.  As the result of the assault, the victim suffered a cut on her eyelid and a torn tear duct, and required surgery to repair these injuries. 

 

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

ALBUQUERQUE – Carlos Ivan Todd, 30, of Canutillo, Texas, pled guilty today 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 Todd and co-defendant Candy May Gonzales, 33, 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, Todd and Gonzales were arrested after Border Patrol Agents at the U.S. Border Patrol Checkpoint on I-25 near Las Cruces, seized three bundles of cocaine concealed in Todd’s vehicle. 

 

During today’s proceedings, 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 other individuals to drive the cocaine from El Paso, Texas to Albuquerque, N.M., for further distribution. 

 

At sentencing, Todd faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in federal prison.  He remains in custody pending a sentencing hearing which has yet to be scheduled.

 

Co-defendant Gonzales has waived the right to a preliminary hearing and a grand jury presentment, and has been ordered detained pending trial.

 

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 – Geoffrey Lawrence Marshall, Jr., 25, of La Palma, Calif., pled guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge arising out of a seizure of almost 11 pounds of methamphetamine.

 

The DEA arrested Marshall in June 2017, after seizing approximately 4.95 kilograms (10.91 pounds) of crystal methamphetamine from him during an interdiction investigation at the Greyhound Bus Station in Albuquerque.  The methamphetamine was contained in eight bundles inside of Marshall’s luggage.

 

Marshall subsequently was indicted on July 11, 2017, and was charged with possession of methamphetamine with intent to distribute on June 26, 2017, in Bernalillo County, N.M.

 

During today’s change of plea hearing, Marshall pled guilty to the indictment and admitted that on June 26, 2017, he transported approximately 4.95 kilograms of methamphetamine to Albuquerque on the Greyhound Bus.  Marshall further admitted that the methamphetamine was concealed inside cereal cardboard boxes and cardboard drink boxes inside of his luggage.

 

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

 

This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Kimberly A. Brawley.

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 55 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, Albuquerque resident Jennifer Padilla, 39, was sentenced to 24 months in prison for her conviction on a methamphetamine trafficking charge.  Padilla will be on supervised release for three years after completing her prison sentence. 

 

Padilla’s co-defendant, Felix Ulibarri, 39, was indicted on July 28, 2016, and was charged with distributing methamphetamine on July 11, 2016.  The indictment was superseded on Aug. 9, 2016, to add Padilla, Leo Lopez, 29, and Joseph Sena, 40, as defendants.  The superseding indictment included two conspiracy charges; one charging Ulibarri and Padilla with conspiring to distribute methamphetamine in July 2016, and the other charging Padilla, Lopez and Sena with conspiring to distribute methamphetamine in July 2016.  It also charged Ulibarri with distributing methamphetamine on July 11, 2016, and Sena with distributing methamphetamine on July 26, 2016.  On Sept. 22, 2017, Padilla pled guilty to a felony information charging her with conspiracy, and admitted facilitating a drug deal by introducing a buyer to Ulibarri, who supplied the methamphetamine.  Her three co-defendants previously entered guilty pleas, and Lopez was sentenced on June 19, 2017 to 60 months in prison followed by four years of supervised release. 

 

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.

 

This case was investigated by the Albuquerque office of ATF and is being prosecuted by Assistant U.S. Attorney Edward Han.

ALBUQUERQUE – Acting U.S. Attorney James D. Tierney, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Chief of Police Michael Geier of the Albuquerque Police Department (APD) announced today that Christopher James Baum, 37, of Albuquerque, N.M., was sentenced to 20 years in prison for his conviction on federal bank robbery charges.  Baum will be on supervised release for three years after completing his prison sentence.

 

Baum, whose criminal history included three prior bank robbery convictions, 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 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.

 

The FBI and APD arrested Baum in Aug. 2016, on a criminal complaint charging him with robbing four banks and attempting to rob a fifth bank in Bernalillo County, N.M.  According to the complaint, Baum committed the bank robberies between Aug. 16, 2016 and Aug. 24, 2016, by entering Albuquerque-area banks and demanding money from bank tellers.

 

On Nov. 3, 2016, Baum pled guilty to a felony information charging him with six counts of bank robbery.  In entering the guilty plea, Baum admitted the following criminal conduct:

• Robbing the Bank of the West branch located at 5901 Menaul Blvd. NE on Aug. 16, 2016;
• Robbing the Bank of the West branch located at 2101 Eubank Blvd. NE on Aug. 19, 2016;
• Attempting to rob the Bank of Albuquerque branch located at 4201 Wyoming Blvd. NE on Aug. 23, 2016;
• Robbing the Nusenda Credit Union branch located at 7517 Montgomery Blvd. NE on Aug. 23, 2016;
• Robbing the Wells Fargo Bank branch located at 4700 Tramway Blvd. NE on Aug. 24, 2016; and
• Robbing the Bank of the West branch located at 780 Juan Tabo Blvd. NE on Aug. 30, 2016.

 

Baum also admitted brandishing a pistol at a bank teller when he committed the Aug. 30, 2016 bank robbery. 

 

This case was investigated by the Albuquerque office of the FBI and APD and was prosecuted by Assistant U.S. Attorney Joseph M. Spindle.

ALBUQUERQUE – Robert Tomblin, 55, of Phoenix, Ariz., pled guilty today in federal court in Albuquerque, N.M., to interfering and intimidating flight crew members and flight attendants requiring an emergency landing in New Mexico.

 

Tomblin was arrested in Aug. 2017, on a criminal complaint charging him with assaulting and intimidating flight crew members and flight attendants while on an aircraft.  According to the complaint, on Aug. 21, 2017, a flight from Roswell, N.M., to Phoenix, Ariz., was diverted to the Albuquerque airport due to Tomblin’s belligerent behavior towards the flight crew.   

 

Tomblin was subsequently indicted on Sept. 6, 2017, and charged with interference and intimidating flight crew members and flight attendants by refusing to comply with necessary safety requirements on Aug. 21, 2017.  During today’s proceedings, Tomblin pled guilty to the indictment without the benefit of a plea agreement.

 

According to court documents, approximately five minutes after takeoff, the airline captain was informed by a flight attendant that Tomblin, who was seated in an emergency exit row, appeared to be intoxicated, was acting belligerent and intimidating the flight crew.  After observing that Tomblin appeared to be intoxicated, flight attendants asked Tomblin to move to a seat that was not in an emergency exit row due to safety concerns.  Tomblin refused to comply with requests from flight attendants, got up from his seat during landing, continued to make phone calls during takeoff and landing of the airplane, and yelled profanity.  After landing at the Albuquerque airport, Albuquerque Police Department (APD) officers attempted to escort Tomblin from the airplane, but Tomblin resisted attempts to restrain him, kicked an officer in the leg and head butted two officers before being carried off the plane by officers. 

 

At sentencing, Tomblin faces a maximum penalty of 20 years in federal prison and a fine up to $250,000.  A sentencing hearing has yet to be scheduled.

 

This case was investigated by the Albuquerque office of the FBI and the APD.  Assistant U.S. Attorney George C. Kraehe is prosecuting the case.

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, 82 of these defendants have been convicted, including 81 who have entered guilty pleas, and 54 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.

 

Last week, two more Albuquerque residents entered guilty pleas.  On Dec. 15, 2017, Daniel Carmona, 31, pled guilty to violating federal firearms laws by using and carrying a firearm in relation to a drug trafficking crime.  Under the terms of his plea agreement, Carmona will be sentenced to five years in federal prison followed by a term of supervised release to be determined by the court.  Also on Dec. 15, 2017, in a separate case, Patrick Zamora, 22, pled guilty to a methamphetamine trafficking charge.

 

This week two other Albuquerque residents were sentenced for their convictions on drug trafficking and firearms charges.  Keith Thompson, 49, was sentenced on Dec. 19, 2017, to 70 months in prison followed by three years of supervised release for distributing heroin, and Alex Villarreal, 35, was sentenced on Dec. 19, 2017, to 66 months in prison followed by four years of supervised release for being a felon in possession of firearms and distributing methamphetamine.

 

Carmona was charged in a criminal complaint with distributing methamphetamine on Aug. 3, 2016, in Bernalillo County, N.M., after he sold approximately 67 grams of methamphetamine to undercover law enforcement agents.  Thereafter, on Aug. 9, 2016, Carmona and co-defendants Luis Arreola-Palma, 24, and Gaspar Leal, 47, were indicted and charged with conspiring to distribute methamphetamine from July 21, 2016 through July 25, 2016.  Carmona also was charged with distributing methamphetamine on July 25, 2016 and Aug. 3, 2016, and using and carrying a firearm in relation to a drug trafficking crime on Aug. 3, 2016.  On Dec. 15, 2017, Carmona pled guilty to carrying a firearm in relation to a drug trafficking crime, and admitted that on Aug. 3, 2016, he carried a firearm when he delivered approximately 55.3 actual grams of methamphetamine to another individual.  Arreola-Palma pled guilty on July 28, 2017, and was sentenced on Oct. 26, 2017, to 48 months in prison followed by three years of supervised release.  Leal has entered a plea of not guilty to the charges in this case and is pending trial.   

 

Zamora was charged by criminal complaint with distributing approximately 116.8 grams of methamphetamine to an undercover law enforcement agent on June 20, 2016, in Bernalillo County.  Zamora’s co-defendants Noe Urias and co-defendant Angelica Marie Santiesteban, 40, were charged in a four-count indictment filed on June 30, 2016, with methamphetamine trafficking offenses.  The indictment was superseded on July 28, 2016, to include Zamora and an additional methamphetamine trafficking charge.  The superseding indictment charged all three defendants with conspiracy to distribute methamphetamine from May 2, 2016 through June 20, 2016, and distribution of methamphetamine on June 20, 2016; Urias and Santiesteban with distribution of methamphetamine on May 2, 2016 and May 19, 2016; and Urias with distribution of methamphetamine on May 18, 2016.  On Dec. 15, 2017, Zamora pled guilty to a felony information charging him with distribution of methamphetamine, and admitted that on June 20, 2016, he sold methamphetamine to another individual in exchange for money.  At sentencing, Zamora faces a maximum penalty of 20 years in federal prison.  Urias pled guilty on March 9, 2017, and was sentenced to 41 months in prison followed by three years of supervised release on Dec. 6, 2017.  Santiesteban pled guilty on Dec. 8, 2016, and was sentenced to 63 months in prison followed by five years of supervised release on June 27, 2017. 

 

Thompson and his co-defendant Matthew Sandoval, 38, were arrested in July 2016, and charged in a two-count indictment with distributing heroin on May 9, 2016, and distributing methamphetamine on May 19, 2016.  Thompson entered a guilty plea on June 29, 2017 and Sandoval entered a guilty plea on June 30, 2017, to heroin trafficking charges.  In entering their guilty pleas, Thompson and Sandoval both admitted that on May 9, 2016, they sold heroin to another individual.  Sandoval was sentenced on Oct. 19, 2017, to 60 months in prison followed by three years of supervised release.

 

Villarreal was arrested in July 2016, on an indictment charging him with being a felon in possession of a firearm and ammunition on May 23, 2016, and distributing methamphetamine on May 25, 2016.  At the time, Villarreal was prohibited from possessing firearms or ammunition because he was previously convicted on larceny, conspiracy to commit larceny, possession of marijuana with intent to distribute, and aggravated assault.  On Aug. 18, 2017, Villarreal pled guilty to the indictment and admitted selling four firearms to an undercover law enforcement agent on May 23, 2016, and 115 grams of methamphetamine to the agent on May 25, 2016.  Villarreal acknowledged knowing that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon. 

 

Seventeen 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 Carmona is being prosecuted by Assistant U.S. Attorneys Norman Cairns and Samuel A. Hurtado.  The case against Zamora is being prosecuted by Assistant U.S. Attorney Edward Han.  The case against Thompson was prosecuted by Assistant U.S. Attorney Samuel A. Hurtado, and the case against Villarreal was prosecuted by Assistant U.S. Attorney Presiliano Torrez.

ALBUQUERQUE – Mykal Concho, 23, an enrolled member and resident of Acoma Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to a statutory rape charge.  Concho entered the guilty plea without the benefit of a plea agreement. 

 

Concho was arrested on May 23, 2017, on an indictment charging him with sexually abusing a minor between 12 and 16 years of age.  According to the indictment, Concho committed the crime between Nov. 24, 2014 and Dec. 31, 2014, on the Laguna Pueblo in Cibola County, N.M.

 

During today’s proceedings, Concho pled guilty to the indictment without the benefit of a plea agreement.  At sentencing, Concho faces a statutory maximum penalty of 15 years in federal prison.  He will also be required to register as a sex offender after he completes his prison sentence.  A sentencing hearing has yet to be scheduled.

 

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

ALBUQUERQUE – Jason Duran, 43, of Albuquerque, N.M., pled guilty yesterday afternoon in federal court in Santa Fe, N.M., to a drug trafficking charge as the result of a 15-month DEA-led multi-agency investigation into a Taos County-based drug trafficking organization led by Ivan Romero, 41, of El Prado, N.M.  Under the terms of his plea agreement, Duran will be sentenced to a maximum of 100 months in federal prison followed by a term of supervised release to be determined by the court.

 

Duran, Ivan Romero and six co-defendants initially were charged with methamphetamine trafficking, heroin trafficking and money laundering offenses in an eight-count indictment filed in Dec. 2015.  The indictment was superseded in Feb. 2016 to add a ninth defendant, Elena Carabajal, 27, of El Prado, and five additional charges.  The superseding indictment charged Ivan Romero, Duran and his seven co-defendants with conspiring to distribute heroin and methamphetamine from at least June 2012 through Dec. 2015.  It also charged Ivan Romero, Ricco Romero, 28, of Taos, Melissa Romero, 38, of El Prado, and Wilma Romero, 67, of Taos, with conspiring to launder heroin trafficking proceeds.  The superseding indictment also included substantive heroin trafficking charges against specific defendants as well as provisions seeking forfeiture to the United States of any and all assets and property derived, either directly or indirectly, from proceeds obtained from the criminal activities charged.

 

During yesterday’s proceedings, Duran pled guilty to an information charging him conspiracy to possess heroin with intent to distribute.  In entering the guilty plea, Duran admitted that he conspired with others to distribute heroin in Taos County from 2012 through 2015.  As part of the conspiracy, Duran admitted that he purchased bulk quantities of heroin from heroin suppliers in Bernalillo County, N.M., then transported the heroin to Taos County where it was sold and distributed by other individuals.  Duran further admitted that after the heroin was sold, he transported the cash proceeds from the sale of heroin in Taos County back to the suppliers in Bernalillo County.  Duran remains in custody pending a sentencing hearing which has yet to be scheduled.

 

Duran’s codefendants have all entered guilty pleas, and the following five have been sentenced:

• Nicholas Baca, 31, of Cerro, N.M., pled guilty in Feb. 2017, to participating in a heroin trafficking conspiracy, and was sentenced on June 14, 2017, to time served followed by five years of supervised release;
• Juanita Romero, 36, of Chamisa, N.M., pled guilty in Feb. 2017, to participating in a heroin trafficking conspiracy, and was sentenced on June 14, 2017, to time served followed by five years of supervised release;
• Melissa Romero pled guilty in Dec. 2016, to participating in the money laundering conspiracy, and was sentenced on June 14, 2017, to three years of probation;
• Elena Carabajal pled guilty in Jan. 2017, to possession of heroin with intent to distribute, and was sentenced on June 13, 2017, to a year and a day in prison followed by five years of supervised release; and
• Wilma Romero, pled guilty in Jan. 2017, to participating in the money laundering conspiracy and possessing heroin with intent to distribute, and was sentenced on Nov. 9, 2017 to 24 months in prison followed by five years of supervised release.

 

The following three defendants remain in custody pending sentencing hearings:

• Tyler Baker, 36, of Albuquerque, N.M., pled guilty in Oct. 2016 to participating in the heroin trafficking conspiracy;
• Ivan Romero pled guilty in Dec. 2016, to participating in a heroin trafficking conspiracy and a money laundering conspiracy.  Under the terms of his plea agreement, Ivan Romero will be sentenced to a prison term within the range of 120 to 144 months; and
• Ricco Romero, pled guilty in Dec. 2016, to participating in the heroin trafficking conspiracy and the money laundering conspiracy, and to possessing firearms in furtherance of his drug trafficking activities.  Under the terms of his plea agreement, Ricco Romero will be sentenced to a 120-month prison term.
   

Under the terms of their plea agreements, the defendants to this case are required to forfeit $431,870 in heroin proceeds and firearms to the United States.

 

According to the admissions contained in the plea agreements of the defendants who have entered guilty pleas as well as other court filings, Ivan Romero was the leader of a heroin trafficking organization based in Taos County.  Ivan Romero and his brother Ricco Romero were responsible for purchasing quantities of heroin from suppliers in Albuquerque and Los Lunas, N.M.  Other members of the organization acted as couriers and regularly transported large quantities of heroin to Ivan Romero and Ricco Romero in Taos County.  Upon receiving the bulk heroin, Ivan Romero and Ricco Romero prepared the heroin for distribution by mixing or “cutting” it with other substances, repackaged it in smaller portions, and distributed it both directly and through a network of other drug dealers.  Juanita Romero was one such dealer who distributed heroin in and around Penasco.

 

In April 2015, law enforcement officers executed a state search warrant at Ivan Romero’s residence where they seized drug paraphernalia, 461 grams of marijuana, 30 grams of hashish, more than 300 grams of heroin and $64,920 in cash.  Ivan Romero was arrested on state charges that day, and Ricco Romero subsequently assumed a greater managerial role in the heroin trafficking organization at that time. 

 

Following Ivan Romero’s arrest on April 2, 2015, a state court set his bond at $90,000. Wilma Romero, Ricco Romero and Melissa Romero conspired to launder $90,000 in heroin proceeds to post that bond and secure Ivan Romero’s release from state custody.  Ivan Romero soon violated the conditions of his release, was remanded back to state custody and a second bond was set at $150,000.  In May 2015, Wilma Romero, Ricco Romero and Melissa Romero again conspired to launder an additional $150,000 in heroin proceeds to post that bond

 

On June 29, 2015, law enforcement agents executed a federal search warrant at Wilma Romero’s residence.  In the course of that search, agents seized approximately 97.5 grams of heroin, a small amount of marijuana, drug paraphernalia, $73,288 and gold coins.

 

On Nov. 17, 2015 and Dec. 1, 2015, Ricco Romero distributed heroin to an individual working with law enforcement agents.  Thereafter, on Dec. 18, 2015, law enforcement agents obtained and executed a federal search warrant at Ricco Romero and Carabajal’s residence and at another residence as well as at another residence where Ricco Romero and Carabajal maintained a safe.  During those searches, agents seized 96.8 grams of heroin, $70,562 in cash, and two firearms. 

 

The investigation leading to the indictment was conducted by the Albuquerque office of the DEA, the HIDTA Region III Drug Task Force, New Mexico State Police, Taos Police Department, Taos County Sheriff’s Office and the Bureau of Alcohol Tobacco, Firearms and Explosives. 

 

Assistant U.S. Attorney Timothy S. Vasquez is prosecuting 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 – William L. Thrash, 51, of Albuquerque, N.M., pled guilty in federal court yesterday to violating the federal firearms laws by brandishing a short-barreled shotgun during the armed robbery of an Albuquerque-area convenience store in March 2017.  The guilty plea was entered under a plea agreement that recommends that Thrash be sentenced to 12 years of imprisonment followed by a term of supervised release to be determined by the court.

 

Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives arrested Thrash in Sept. 2017, on a criminal complaint.  The criminal complaint charged Thrash with him with violating the Hobbs Act by robbing two businesses engaged in interstate commerce at gunpoint, brandishing a firearm during crimes of violence, and being a felon in possession of a firearm.  According to the criminal complaint, Thrash committed one of the Hobbs Act robberies on March 14, 2017 by robbing an Albuquerque-area convenience store on March 14, 2017, and the second robbery on April 15, 2017, by robbing a medical marijuana dispensary located in Bernalillo County, N.M.  According to the criminal complaint, Thrash during each of the two robberies. 

 

On April 19, 2017, officers of the Albuquerque Police Department (APD) arrested Thrash on state charges, which have since been dismissed in favor of federal prosecution, while executing a state search warrant at a hotel room in which Thrash was residing.  During the search, the officers seized a firearm and ammunition.  At the time, Thrash was prohibited from possessing firearms or ammunition because he previously had been convicted on numerous felony offenses, including being a felon in possession of a firearm, auto burglary, escape, child abuse or abandonment, battery on a peace officer, and possession of a deadly weapon or an explosive by a prisoner.  

 

During yesterday’s change of plea hearing, Thrash pled guilty to a felony information charging him with using and brandishing a firearm during a crime of violence.  In entering the guilty plea, Thrash admitted brandishing a short-barreled shotgun at store employees when he robbed an Albuquerque-area convenience store on March 14, 2017. 

 

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

 

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

ALBUQUERQUE – Daniel A. Mendoza, 20, a non-Indian man from Albuquerque, N.M., pled guilty today in federal court to assaulting a federal officer. 

 

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

 

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

 

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

 

At sentencing, Mendoza faces a maximum penalty of 20 years in federal prison.  Mendoza remains in custody pending a sentencing hearing which has yet to be scheduled.

 

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

ALBUQUERQUE – Giovanni Montijo-Dominguez, 37, a Mexican national illegally in the United States, was sentenced today in federal court in Albuquerque, N.M., to 120 months in prison for his conviction on federal cocaine trafficking and illegal reentry charges.  Montijo-Dominguez will be deported after completing his prison sentence.

 

Montijo-Dominguez and co-defendant Luis Mendoza-Alarcon, 46, also a Mexican national, were arrested on Oct. 7, 2014, and were charged by criminal complaint with cocaine trafficking offenses.  They were indicted on Nov. 5, 2014, and both were charged with cocaine trafficking offenses, while Montijo-Dominguez also was charged with illegal reentry to the United States.  Mendoza-Alarcon and Montijo-Dominguez subsequently were charged in a superseding indictment on June 30, 2016.  The superseding indictment charged Mendoza-Alarcon and Montijo-Dominguez with conspiracy to possess cocaine with intent to distribute from Oct. 3, 2014 through Oct. 7, 2014; Mendoza-Alarcon with carrying a firearm in relation to a drug trafficking crime on Oct. 7, 2014; and Montijo-Dominguez with illegal reentering the United States on Oct. 7, 2014.  According to the superseding indictment, the defendants committed the offenses in Bernalillo County, N.M.

 

On June 2, 2017, after a two-week trial, a federal jury convicted Mendoza-Alarcon and Montijo-Dominguez of conspiring to possess at least five kilograms of cocaine with intent to distribute it to others.

 

The evidence at trial established that between Oct. 3, 2014 and Oct. 7, 2014, Mendoza-Alarcon negotiated the sale of approximately six kilograms of cocaine from an undercover law enforcement agent.  On Oct. 7, 2014, Mendoza-Alarcon and Montijo-Dominguez arrived in a white Chevrolet Tahoe in the parking lot of a store in southwest Albuquerque to meet with undercover agents.  Although Mendoza-Alarcon expressed concern to the undercover agents that the parking lot might be occupied by law enforcement, the defendants proceeded with the sale by presenting the undercover agents with a large sum of cash in order to buy six kilograms of cocaine.  Law enforcement agents testified that, once the signal to arrest Mendoza-Alarcon and Montijo-Dominguez was given, Montijo-Dominguez attempted to run away, but was quickly caught and arrested.   The agents searched the defendants’ white Chevrolet Tahoe, and found a functional firearm loaded with live ammunition.

 

On July 27, 2017, Montijo-Dominguez pled guilty to Count 3 of the superseding indictment charging him with illegal reentering the United States.  In entering the guilty plea, Montijo-Dominguez admitted that he was prohibited from being in the United States on Oct. 7, 2014, because he was previously deported on Dec. 3, 2009 and did not have permission to reenter the United States. 

 

This case was investigated by the Albuquerque office of Homeland Security Investigations and was prosecuted by Assistant U.S. Attorneys Samuel A. Hurtado and Paul Mysliwiec.

ALBUQUERQUE – Daniel M. Schiffmiller, 24, of Santa Fe, N.M., was sentenced last week in federal court in Albuquerque, N.M., for his conviction on firearms-related charges.  Schiffmiller was sentenced on Dec. 6, 2017, to 19 months in prison followed by three years of supervised release.

 

The FBI arrested Schiffmiller on Oct. 21, 2016, on a criminal complaint that charged him with violating the federal firearms laws on Sept. 14, 2016, in Santa Fe County, N.M.  According to the criminal complaint, on Sept. 14, 2016, FBI Special Agents seized a modified firearm that had no serial number when they executed a search warrant at Schiffmiller’s storage locker.  At the time the FBI executed the search warrant, Schiffmiller was incarcerated at the Santa Fe County Adult Detention Facility.

 

Schiffmiller subsequently was indicted on Nov. 15, 2016, and was charged with possessing an unregistered firearm and possessing a firearm that had no serial number.  According to court documents, Schiffmiller did not have any firearms registered to him in the National Firearms Registration and Transfer Record (NFRTR).

 

On July 3, 2017, Schiffmiller pled guilty to the indictment and admitted that on Sept. 14, 2016, he possessed a modified shotgun that was not registered to him in the NFRTR.  He also admitted that the modified firearm did not have a serial number.

 

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

ALBUQUERQUE – Michael Anthony Estrada, 24, of Las Cruces, N.M., pled guilty today in federal court to a felony information charging him with using interstate communications to threaten the lives and safety of children at a Las Cruces public elementary school. 

 

Estrada was arrested on a criminal complaint on Sept. 15, 2017, for using social media platforms to post threats to shoot children at a Las Cruces public elementary school.  According to the complaint, the threats posted by Estrada led local schools authorities in Las Cruces to shelter students in place and shut down operations until Estrada was apprehended. 

 

During today’s proceedings, Estrada pled guilty to a felony information charging him with threatening to injure through the use of interstate communications.  In entering the guilty plea, Estrada admitted that on Sept. 15, 2017, he posted a threat on social media that he was going to shoot up a Las Cruces public elementary school.  Estrada further admitted that as a result of his actions, the elementary school he threatened and several other Las Cruces elementary schools were placed on lock down.

 

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

 

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Las Cruces Police Department.  Assistant U.S. Attorney Alexander Shapiro of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

ALBUQUERQUE – Arnold Jones, 33, an enrolled member and resident of Laguna Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to a child abuse charge under a plea agreement with the U.S. Attorney’s Office.

 

Jones was arrested in June 2017, on an indictment charging him with engaging in child abuse by operating a motor vehicle recklessly on Dec. 28, 2015, on the Laguna Pueblo in Cibola County, N.M.

 

During today’s proceedings, Jones entered a guilty plea to the indictment.  In entering the guilty plea, Jones admitted that on Dec. 28, 2015, he operated a motor vehicle recklessly within the Laguna Pueblo while under the influence of alcohol.  Jones further admitted that his actions endangered the health and wellbeing of his six-year-old child who was a passenger in the vehicle. 

 

This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Elisa C. Dimas.

ALBUQUERQUE – Dennison Hale, 44, an enrolled member of the Navajo Nation who resides in Tohatchi, N.M., was sentenced today in federal court in Albuquerque, N.M., to 210 months in prison for his conviction on a second-degree murder charge.  Hale will be on supervised release for five years after completing his prison sentence.

 

Hale was arrested on Feb. 23, 2016, by the FBI on a criminal complaint alleging that he murdered a Navajo woman on the Navajo Indian Reservation in San Juan County, N.M.  According to the complaint, on Feb. 20, 2016, Hale struck the victim in the head and fled from the scene of the crime, the victim’s home in Hogsback, N.M.  The victim was transported by helicopter to the hospital, where she was pronounced dead.  Hale was later indicted on a murder charge on March 23, 2016.

 

On Feb. 28, 2017, Hale pled guilty to a felony information charging him with second degree murder.  In entering the guilty plea, Hale admitted that on Feb. 20, 2016, he killed the victim by striking her twice in the head with a crowbar. 

 

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

 

This case was brought 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 American 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 – Joseph Vallejos, 25, of Roswell, N.M., was sentenced yesterday in federal court in Las Cruces, N.M., to 60 months in prison for his conviction on methamphetamine trafficking charges.  Vallejos will be on supervised release for four years after completing his prison sentence.

 

Vallejos and co-defendant Renee Rodriguez, 33, also of Roswell, were charged in a criminal complaint filed in Sept. 2015, with conspiracy, distribution of methamphetamine, and firearms offenses in Chaves County, N.M.  According to the criminal complaint, Vallejos and Rodriguez sold an aggregate of 157.7 grams of methamphetamine to undercover law enforcement officers during nine separate transactions between July 2015 and Sept. 2015.   The complaint further charged Rodriguez with brandishing a handgun during a methamphetamine transaction on July 8, 2015.

 

Vallejos and Rodriguez subsequently were charged in a nine-count indictment that was filed on Dec. 17, 2015.  The indictment charged Vallejos and Rodriguez with conspiring to distribute methamphetamine from July 1, 2015 through July 30, 2015.  It also charged Rodriguez with distributing methamphetamine on three occasions in July 2015, and Vallejos and Rodriguez with distributing methamphetamine on four occasions in July 2015.  Rodriguez also was charged with brandishing a firearm during a drug trafficking crime on July 8, 2015.  According to the indictment, Vallejos and Rodriguez committed the nine crimes in Chaves County.

 

On Aug. 3, 2016, Vallejos pled guilty to a conspiracy charge and four methamphetamine distribution charges.  In entering the guilty plea, Vallejos admitted that he was responsible for distributing approximately 52.6 grams of methamphetamine in Chaves County in July 2015.

 

On Aug. 12, 2016, Rodriguez pled guilty to two of the distribution of methamphetamine charges and to brandishing a firearm during a drug trafficking crime.  In entering the guilty plea, Rodriguez admitted that on July 8, 2015, she distributed approximately 15 grams of methamphetamine to an undercover law enforcement officer, and during that transaction she used and carried a firearm.  Rodriguez further admitted that she distributed approximately 11.9 grams of methamphetamine to an undercover law enforcement officer on July 30, 2015.  Rodriguez was sentenced on Oct. 31, 2017, to 63 months in prison followed by three years of supervised release.

 

This case was investigated by the Roswell office of the FBI and the New Mexico State Police.  Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a verdict yesterday afternoon finding Gaspar Leal, 47, guilty of participating in a methamphetamine trafficking conspiracy after a three-day trial, announced Acting U.S. Attorney James D. Tierney and Special Agent in Charge John J. Durastanti of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

 

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, including Leal, with federal firearms and narcotics trafficking offenses.  To date, 81 of the 103 defendants charged as the result of this investigation have been convicted, including 80 who have pleaded guilty, and 52 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, in addition to the guilty verdict against Leal, two other Albuquerque residents were sentenced for their convictions on federal firearms and drug trafficking offenses. 

 

Guilty Verdict in Trial against Gaspar Leal

 

Leal and co-defendants Candace Tapia, 23, Bernadette Aurora Tapia, 49, and Brandon Candelaria, 22, were charged by indictment on July 12, 2016, with conspiracy and distribution of methamphetamine on June 8, 2016, in Bernalillo County.  Bernadette Aurora Tapia pled guilty on Dec. 13, 2016, and was sentenced to 21 months in prison followed by three years of supervised release on April 7, 2017.  Candace Tapia pled guilty on June 1, 2017, and was sentenced to 18 months in prison followed by three years of supervised release on Oct. 3, 2017.  The charges against Candelaria were dismissed on July 18, 2017.

 

Trial against Leal on the two-count indictment commenced on Dec. 4, 2017, and concluded the afternoon of Dec. 6, 2017, when the jury convicted Leal on Count 1, charging Leal with conspiracy to distribute methamphetamine, and acquitting him on Count 2, charging him with possession of methamphetamine with intent to distribute.  The evidence at trial established that in May and June 2016, Leal facilitated the sale of approximately 59.2 grams of methamphetamine to an individual working with the ATF.  The jury deliberated approximately three-and-a-half hours before returning its verdict.

 

At sentencing, Leal faces a mandatory minimum penalty of five years and a maximum of 40 years in federal prison.  Leal has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. 

 

United States v. Noe Urias, et al.

 

Noe Urias and co-defendant Angelica Marie Santiesteban, 40, were charged in a four-count indictment filed on June 30, 2016, with methamphetamine trafficking offenses.  The indictment was superseded on July 28, 2016, to include Patrick Zamora, 22, and an additional methamphetamine trafficking charge.  The superseding indictment charged all three defendants with conspiracy to distribute methamphetamine from May 2, 2016 through June 20, 2016, and distribution of methamphetamine on June 20, 2016; Urias and Santiesteban with distribution of methamphetamine on May 2, 2016 and May 19, 2016; and Urias with distribution of methamphetamine on May 18, 2016. 

 

On March 9, 2017, Urias pled guilty to Count 3 of the superseding indictment charging him with distribution of methamphetamine and admitted that on May 18, 2016, he sold methamphetamine in exchange for money.  Santiesteban pled guilty on Dec. 8, 2016, and was sentenced to 63 months in prison followed by five years of supervised release on June 27, 2017. 

 

Noe Urias, 35, was sentenced on Dec. 6, 2017, to 41 months in prison followed by three years of supervised release for his methamphetamine trafficking conviction. 

 

Zamora has entered a plea of not guilty and is pending trial.

 

United States v. Jorge Chacon

 

Jorge Chacon was charged in a seven-count indictment filed on June 30, 2016, with drug trafficking and firearms offenses.  Chacon was charged with distributing methamphetamine and using and carrying a firearm in relation to a drug trafficking crime on May 16, 2016; being a felon in possession of a firearm on May 16, 2016, May 19, 2016, and twice on May 26, 2016; and possession a firearm with an obliterated serial number on May 26, 2016.  According to the indictment, Chacon was prohibited from possessing firearms or ammunition because he previously been convicted of burglary, aggravated battery and aggravated assault with a deadly weapon. 

 

On Feb. 13, 2017, Chacon pled guilty to Count 2 of the indictment charging him with carrying a firearm during and in relation to a drug trafficking crime, and admitted that on May 16, 2016, he possessed a firearm during the sale of methamphetamine.  Chacon, 34, was sentenced on Dec. 6, 2017, to 60 months in prison followed by three years of supervised release for using and carrying a firearm in furtherance of a drug trafficking crime.

 

 

Nineteen of the defendants charged as the result of the ATF investigation have entered not guilty pleas or have been found guilty to the charges against them.  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 Leal is being prosecuted by Assistant U.S. Attorneys Samuel A. Hurtado and Kimberly A. Brawley.  The case against Urias is being prosecuted by Assistant U.S. Attorney Edward Han.  The case against Chacon was prosecuted by Assistant U.S. Attorney Norman Cairns.