District of New Mexico

ALBUQUERQUE – Anthony Margarito Berumen, 32, of Las Cruces, N.M., pled guilty today in federal court to methamphetamine trafficking charges. Under the terms of his plea agreement, Berumen will be sentenced within the range of three to ten years in federal prison.

 

Berumen was arrested on Feb. 9, 2016, on a criminal complaint charging him with possession of methamphetamine with intent to distribute on Dec. 9, 2015 and Dec. 15, 2015. The complaint alleged that Berumen committed the crimes in Dona Ana County, N.M. According to the complaint, Berumen sold a total of 4.6 grams of methamphetamine to undercover law enforcement agents during two transactions on Dec. 9, 2015, and one transaction on Dec. 15, 2015.

 

Berumen was indicted on Aug. 17, 2016, and charged with three counts of distributing methamphetamine. The indictment was superseded on Sept. 22, 2016, charging Berumen with distributing methamphetamine on Dec. 9, 2015 and Dec. 16, 2015, and distributing methamphetamine in the vicinity of a school on Dec. 9, 2015.

 

During today’s proceedings, Berumen pled guilty to the superseding indictment. In entering the guilty plea, Berumen admitted selling methamphetamine to undercover law enforcement on three occasions in Dec. 2015. He also acknowledged that the one of the drug transactions took place in a middle school parking lot in Las Cruces. Berumen remains in custody pending a sentencing hearing which has yet to be scheduled.

 

This case was investigated by the Las Cruces office of the FBI and the New Mexico State Police and is being prosecuted by Assistant U.S. Attorneys John Balla and Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Ever Omar Valdez, 26, and Javier Cruz 26, both of El Paso, Texas, pled guilty yesterday in federal court in Las Cruces, N.M., to cocaine trafficking charges arising from the seizure of six kilograms (13.2 pounds) of cocaine at a U.S. Border Patrol checkpoint near Alamogordo, N.M., in Oct. 2016.

 

Valdez and Cruz were arrested in Oct. 2016, on a criminal complaint charging them with possessing approximately six kilograms of cocaine in Otero County, N.M. According to the complaint, Valdez and Cruz were arrested on Oct. 6, 2016, after U.S. Border Patrol agents at the U.S. Border Patrol checkpoint near Alamogordo seized approximately six kilograms of cocaine that was concealed in the vehicle in which Valdez and Cruz were traveling.

 

During yesterday’s proceedings, Valdez and Cruz each entered guilty pleas to a felony information charging them with conspiracy to possess cocaine with intent to distribute. Valdez and Cruz each admitted that on Oct. 6, 2016, they entered the U.S. Border Patrol checkpoint on Highway 54 in a vehicle containing six kilograms of cocaine concealed inside the vehicle’s rear bumper, which was found by Border Patrol agents during a routine inspection. Valdez and Cruz admitted knowing that the cocaine was in the vehicle and that they intended to deliver the cocaine to other individuals in exchange for money.

 

At sentencing, Valdez and Cruz each face a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison. Both men remain in custody pending sentencing hearings which have yet to be scheduled.

 

This case was investigated by the Las Cruces office of the DEA and the U.S. Border Patrol. Assistant U.S. Attorney Clara N. Cobos is prosecuting the case.

ALBUQUERQUE – Darold Ray ZunieFeathers, 20, a member and resident of Zuni Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to an involuntary manslaughter charge.

 

ZunieFeathers was arrested in April 2016, on a criminal complaint charging him with involuntary manslaughter. According to the complaint, ZunieFeathers killed a Zuni Pueblo man when he ran over him with his vehicle on July 29, 2015, on the Zuni Indian Reservation in McKinley County, N.M. At the time ZunieFeathers ran over the victim, ZunieFeathers was driving under the influence of alcohol. ZunieFeathers was subsequently indicted on the same charge on May 10, 2016.

 

During today’s proceedings, ZunieFeathers pled guilty to the indictment and admitted killing the victim by driving recklessly while under the influence of alcohol. ZunieFeathers acknowledged that the alcohol rendered him incapable of exercising clear judgment and a steady hand in operating the vehicle.

 

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

 

This case was investigated by the Gallup office of the FBI and the Zuni Police Department and is being prosecuted by Assistant U.S. Attorney Nicholas J. Marshall.

ALBUQUERQUE – Floyd Albert Sherrell, 34, of Artesia, N.M., was sentenced today in federal court in Las Cruces, N.M., to 57 months in prison followed by three years of supervised release for his conviction on methamphetamine trafficking and firearms charges.

 

Sherrell was arrested on Sept. 1, 2015, on an indictment charging him with unlawfully possessing firearms on June 10, 2014, and distributing methamphetamine on June 12, 2014. According to the indictment, Sherrell committed the crimes in Eddy County, N.M. At the time, Sherrell was prohibited from possessing firearms or ammunition because he previously had been convicted of larceny of a firearm and burglary.

 

On Jan. 26, 2016, Sherrell pled guilty to a felony information charging him with being a felon in possession of firearms and distribution of methamphetamine. In entering his guilty plea, Sherrell admitted selling four firearms to an undercover law enforcement agent on June 10, 2014, and selling 25 grams of pure methamphetamine to an undercover law enforcement agent on June 12, 2014.

 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Pecos Valley Drug Task Force and was prosecuted by Assistant U.S. Attorney Maria Y. Armijo 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 – Octavio Herrera, 54, of Ruidoso Downs, N.M., pled guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking charges.

 

Herrera was one of 34 individuals charged in December 2015, with federal and tribal drug offenses as the result of an 18-month multi-agency investigation led by the DEA and BIA into methamphetamine trafficking on the Mescalero Apache Reservation. Eighteen defendants, including five members of the Mescalero Apache Tribe and 13 non-Natives were charged in six federal indictments and a federal criminal complaint. Sixteen other members of the Mescalero Apache Tribe were charged in tribal criminal complaints approved by the Mescalero Apache Tribal Court.

 

The investigation leading to the federal and tribal charges was initiated in May 2014, in response to an increase in violent crime on the Mescalero Apache Reservation perpetrated by methamphetamine users. The investigation initially targeted a drug trafficking organization that was allegedly distributing methamphetamine within the Reservation, and later expanded to include two other drug trafficking organizations in southeastern New Mexico that allegedly served as sources of supply for the methamphetamine distributed within the Reservation. In Aug. 2014, the investigation was designated as part of the Justice Department’s Organized Crime Drug Enforcement Task Force (OCDETF) program, which combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. The investigation is one of the first OCDETF investigations to utilize electronic surveillance (wiretaps) in Indian Country. More than ten kilograms of methamphetamine were seized during the course of the investigation.

 

Herrera was arrested in Sept. 2016, on an indictment charging him and his co-defendants Rumaldo Varela Enriquez, 46, a Mexican national and Johnny Flowers, 51, of Hobbs, with methamphetamine trafficking offenses. The indictment charged Herrera with participation in a methamphetamine trafficking conspiracy, possession of methamphetamine with intent to distribute, and use of a communication facility in relation to a drug trafficking crime.

 

During today’s proceedings, Herrera pled guilty to conspiracy and possession of methamphetamine with intent to distribute. In entering the guilty plea, Herrera admitted that between March 4, 2015 and March 12, 2015, he conspired with others to distribute methamphetamine in Hobbs and Lovington, N.M. Herrera also admitted that on March 12, 2015, he possessed 230.1 grams of methamphetamine which he intended to distribute to others. At sentencing, Herrera faces a statutory mandatory minimum penalty of five years and a maximum of 40 years. A sentencing hearing has yet to be scheduled.

 

Seventeen of the 18 federal defendants including Herrera’s co-defendants have entered guilty pleas. The remaining federal defendant has entered a not guilty plea. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

 

The federal and tribal cases were investigated by the Las Cruces office of the DEA, District IV of the BIA’s Office of Justice Services (Mescalero Agency), BIA’s Division of Drug Enforcement, Mescalero Tribal Police Department, Hatch Police Department, FBI and Lea County Drug Task Force. Assistant U.S. Attorneys Terri J. Abernathy and Clara Cobos of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the federal cases, and Mescalero Tribal Prosecutor Melissa Chavez is prosecuting the tribal cases.

ALBUQUERQUE – Karla Margarita Pena, 28, of Phoenix, Ariz., pled guilty today in federal court in Albuquerque, N.M., to a heroin trafficking charge under a plea agreement with the U.S. Attorney’s Office.

 

Pena was arrested in Aug. 2016, and charged in a criminal complaint with a heroin trafficking offense after the DEA seized approximately 561.90 grams of heroin from her during an interdiction investigation at the Greyhound Bus Station in Albuquerque. The heroin was contained in bundles concealed in Pena’s luggage.

 

Pena was subsequently indicted on Aug. 23, 2016, and charged with possession of heroin with intent to distribute on Aug. 12, 2016, in Bernalillo County, N.M.

 

During today’s proceedings, Pena pled guilty to a felony information charging her with possession of heroin with intent to distribute. In entering the guilty plea, Pena admitted transporting 561.90 grams of heroin to Albuquerque by concealing the heroin in bundles in a purse inside of a duffel bag. At sentencing, Pena faces a maximum penalty of 20 years in federal prison. A sentencing hearing has yet to be scheduled.

 

This case was investigated by the Albuquerque office of the DEA. Assistant U.S. Attorney Kimberly A. Brawley is prosecuting this 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.

Michael Adams, 52, of Horizon, Texas, pled guilty today in Las Cruces, N.M., to a federal misdemeanor theft of government property charge arising out of his theft of prescription pain medication being shipped by the Veterans Administration through the United Parcel Service (UPS). At the time he committed the crime, Adams was employed by UPS.

 

Adams was charged by a misdemeanor information filed on Dec. 12, 2016, with theft of government property on Aug. 21, 2013. According to the information, Adams committed the crime in Otero County, N.M.

 

During today’s change of plea hearing, Adams pled guilty to the misdemeanor information and admitted that on Aug. 21, 2013, while employed by UPS in Alamogordo, N.M., he stole a package containing prescription pain medication sent by the Veterans Administration through the UPS.

 

Under the terms of his plea agreement, Adams will be sentenced to two years of probation and will pay $537.54 in restitution to the victim of his crime. A sentencing hearing has yet to be scheduled.

 

This case was investigated by the Department of Veterans Affairs, Office of the Inspector General. The case is being prosecuted by Assistant U.S. Attorney Richard C. Williams of the U.S. Attorney’s Las Cruces Branch Office 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 – Katrina Tiana Brown, 33, of Anchorage, Alaska, pled guilty today in federal court in Albuquerque, N.M., to a federal narcotics trafficking charge. Under the terms of her plea agreement, Brown will be sentenced to 60 months in federal prison followed by a term of supervised release to be determined by the court.

 

Brown was arrested in Dec. 2015, and charged by indictment with possession of phencyclidine (PCP) with intent to distribute on Feb. 8, 2013, in Bernalillo County, N.M.

 

During today’s proceedings, Brown pled guilty to a felony information charging her with possession of PCP with intent to distribute. In entering the guilty plea, Brown admitted that on Feb. 8, 2013, she possessed more than 100 grams of PCP while at the Greyhound Bus Station in Albuquerque. Brown acknowledged that she intended to distribute the PCP to others.

 

Brown remains in custody pending her sentencing hearing, which has yet to be scheduled.

 

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

ALBUQUERQUE – Steven Archuleta, 26, and his sister, Cheryl Shemayme-Archuleta, 32, both members and residents of Picuris Pueblo, N.M., pled guilty Jan. 6, 2017, in federal court in Albuquerque, N.M., to assault and firearms charges. Under the terms of their plea agreements, Archuleta will be sentenced within the range of 84 to 156 months in prison, and Shemayme-Archuleta faces a mandatory minimum sentence of five years of imprisonment.

 

Archuleta was arrested on July 21, 2016, on a criminal complaint charging him with assaulting a non-Indian man and a non-Indian woman with a dangerous weapon and using a firearm during a crime of violence on July 17, 2016, in Indian Country in Taos County, N.M. According to the complaint, on July 17, 2016, Archuleta shot at the victims from his vehicle, striking the male victim in the leg, groin and back.

 

Archuleta was subsequently charged on Aug. 10, 2016, in a four-count indictment with assaulting each of the two victims with a dangerous weapon, assaulting the male victim and causing him serious bodily injury, and discharging a firearm in relation to a crime of violence. The indictment charged Shemayme-Archuleta with aiding and abetting Archuleta in committing the four crimes. According to the indictment, the defendants committed the crimes on July 17, 2016, in Taos Pueblo.

 

On Jan. 6, 2017, Archuleta pled guilty to a felony information charging him with assault resulting in serious bodily injury and brandishing a firearm during a crime of violence. In entering the guilty plea, Archuleta admitted that on July 17, 2016, he fired four rounds at the victims’ vehicle, and acknowledged that the male victim was struck by shrapnel in addition to sustaining a gunshot to the leg. Archuleta also acknowledged that Shemayme-Archuleta drove the vehicle he was in during the shooting. Archuleta remains in custody pending a sentencing hearing which has yet to be scheduled.

 

Shemayme-Archuleta also entered a guilty plea on Jan. 6, 2017, to a felony information charging her with aiding and abetting the possession of a firearm during a crime of violence. In entering the guilty plea, Shemayme-Archuleta admitted that on July 17, 2016, she aided and abetted Archuleta when he shot at the victims’ vehicle by picking up the firearm while knowing that the firearm would be used to assault the victims, and driving Archuleta when he committed the assault. Shemayme-Archuleta remains in custody pending a sentencing hearing which has yet to be scheduled.

 

This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and is being prosecuted by Assistant U.S. Attorney David Adams.

ALBUQUERQUE – Daniel Roy Nard, 37, of Albuquerque, N.M., pled guilty today in federal court to violating the Sex Offender Registration and Notification Act (SORNA).

 

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

 

Nard was charged by indictment on Dec. 17, 2015, with violating SORNA by failing to update his sex offender registration on Oct. 30, 2015, or thereafter. Nard was required to register as a sex offender and maintain an updated registration based on a federal child pornography conviction in Montana in 2007. According to the indictment, Nard was required to maintain an updated sex offender registration in Bernalillo County, N.M.

 

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

 

This case was investigated by the U.S. Marshals Service and the Bernalillo County Sheriff’s Office and is being prosecuted by Assistant U.S. Attorney Jon K. Stanford.

ALBUQUERQUE – Elizabeth Gallardo, 37, a U.S. citizen living in Mexico, was sentenced today in federal court in Las Cruces, N.M., to 30 months in prison followed by three years of supervised release for her methamphetamine trafficking conviction.

 

Gallardo and co-defendant Yuriria Anahid Ramirez-Moreno, 33, a Mexican national, were arrested on May 13, 2016, on a criminal complaint charging them with conspiracy and possession of methamphetamine with intent to distribute. According to the criminal complaint, an officer of the Las Cruces Police Department (LCPD) arrested the women after finding them in possession of methamphetamine; Gallardo possessed 100.6 grams of methamphetamine and Ramirez-Moreno possessed 108.5 grams of methamphetamine.

 

Gallardo and Ramirez-Moreno were subsequently indicted on July 20, 2016, and charged with conspiracy to distribute methamphetamine on May 12, 2016, in Doña Ana County, N.M.

 

On Aug. 29, 2016, Gallardo and Ramirez-Moreno both entered guilty pleas to felony informations charging them with conspiracy to possess methamphetamine with intent to distribute. In entering her guilty plea, Gallardo admitted that on April 29, 2016, she delivered 54.7 grams of methamphetamine to an undercover agent. Ramirez-Moreno admitted that on May 5, 2016, she delivered 56 grams of methamphetamine to the undercover agent. Both women admitted that they intended to deliver the 209 grams of methamphetamine seized from them on May 12, 2016, to the same undercover agent.

 

At sentencing, Ramirez-Moreno faces a maximum penalty of 20 years in prison followed by not less than three years of supervised release. Ramirez-Moreno remains in custody pending a sentencing hearing which has yet to be scheduled.

 

This case was investigated by the Las Cruces office of the DEA and the Las Cruces Police Department. Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

ALBUQUERQUE – Seven defendants are facing federal methamphetamine trafficking charges in four cases involving seizures last week of more than 52 pounds of methamphetamine. Three of the cases are the result of interdiction investigations at the Greyhound Bus Station and Amtrak Train Station in Albuquerque, N.M. The fourth case arose out of a traffic stop on Interstate 40 in Bernalillo County, N.M.

 

Four men were arrested on Dec. 28, 2016, and charged with methamphetamine trafficking offenses after the DEA and New Mexico State Police (NMSP) seized a total of 10.75 kilograms (23.7 pounds) of methamphetamine during two interdiction investigations at the Greyhound Bus Station. The methamphetamine was allegedly concealed in various bundles inside luggage and a locked safe. Alvan Raylon Tillman, 26, of Phoenix, Ariz., is charged with possession of more than two pounds of methamphetamine in one case, while Lewayne Deray Jennings, 28, of Dayton, Ohio, Jerell Leveine Whitman-Crutcher II, 29, of Warren, Mich., and Marcus Bernard Harris, Jr., 21, of Southfield, Mich., are jointly charged with possession of more than 21 pounds of methamphetamine in a separate case.

 

Also on Dec. 28, 2016, Mario Sanchez-Ceja, 27, was arrested and charged with possessing approximately 8.28 kilograms (18.25 pounds) of methamphetamine in Bernalillo County. According to the criminal complaint, Sanchez-Ceja was arrested after law enforcement agents allegedly seized the methamphetamine from Sanchez-Ceja’s vehicle following a routine traffic stop on Interstate 40.

 

On Dec. 30, 2016, April Luna-Contreras, 21, and Esthela Contreras-Luna, 44, both of San Diego, Calif., were arrested on methamphetamine trafficking charges after the DEA and NMSP seized approximately 4.75 kilograms (10.47 pounds) of methamphetamine from them during an interdiction investigation at the Amtrak Train Station in Albuquerque. The methamphetamine was allegedly contained in bundles concealed under Luna-Contreras and Contreras-Luna’s clothes.

 

If convicted, each of the seven defendants faces a statutory mandatory minimum of ten years to a maximum of life imprisonment.

 

The cases against Tillman, Jennings, Whitman-Crutcher and Harris were investigated by the Albuquerque office of the DEA and the NMSP and are being prosecuted by Assistant U.S. Attorney Kimberly A. Brawley. The case against Sanchez-Ceja was investigated by the Albuquerque office of Homeland Security Investigations and the NMSP and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers, and the case against Luna-Contreras and Contreras-Luna was investigated by the Albuquerque office of the DEA and NMSP and is being prosecuted by Assistant U.S. Attorney Rumaldo R. Armijo.

ALBUQUERQUE – Corinne Delphine Kinzhuma, 31, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 30 months in prison followed by three years of supervised release for her conviction on federal assault charges.

 

Kinzhuma was arrested on Feb. 26, 2015, on a criminal complaint charging her with assaulting a Mescalero Apache man on Dec. 12, 2014, by stabbing him repeatedly in neck, chest, arm and cheek. The assault occurred on the Mescalero Apache Indian Reservation in Otero County, N.M. As a result of the assault, the victim required a chest tube and admission to the surgical intensive care unit for continuous monitoring of his neck wound; he also suffered a fracture of the left radius.

 

Kinzhuma was subsequently indicted on June 17, 2015, and charged with assault with a dangerous weapon, a knife, with intent to do bodily harm and assault resulting in serious bodily injury on Dec. 12, 2014, in Indian Country in Otero County. On March 9, 2016, Kinzhuma entered a guilty plea to the indictment without the benefit of a plea agreement.

 

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

ALBUQUERQUE – Shannon Lamont Jackson, 38, of Clovis, N.M., was sentenced yesterday to 77 months in federal prison followed by three years of supervised release for his heroin trafficking conviction.

 

Jackson, a career offender whose criminal history includes felony convictions for drug trafficking and violent crimes, 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 felony convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible

 

Jackson was arrested on Dec. 3, 2015, on an indictment charging him with distributing heroin on Sept. 6, 2015, in Bernalillo County, N.M. On Oct. 19, 2016, Jackson pled guilty to the indictment and admitted that in Sept. 2015, he negotiated the sale of approximately 20 grams of heroin with undercover FBI agents.

 

This case was investigated by the Albuquerque office of the FBI and the Bernalillo County Sheriff’ Office. Assistant U.S. Attorney Shana B. Long prosecuted the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.

 

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

 

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

ALBUQUERQUE – Francisco Garcia, 19, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms laws under a plea agreement with the U.S. Attorney’s Office.

 

Garcia was arrested during an ATF-led investigation that resulted in the filing of 59 federal indictments and one federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. The investigation began in mid-April 2016, when ATF personnel from throughout the country joined forces with federal, state, county and local law enforcement agencies in New Mexico to combat the high rate of violent crime in the Albuquerque metropolitan area. The investigators utilized a number of investigative techniques, including undercover operations, historical investigation and targeting of multi-convicted felons in possession of firearms.

 

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.

 

Garcia was arrested on July 8, 2016, and charged by indictment with firearms and drug trafficking offenses. The indictment was subsequently superseded on July 28, 2016, and charged Garcia with distribution of methamphetamine on May 10, 2016 and May 12, 2016, and using and carrying a firearm in relation to a drug trafficking crime. The indictment included forfeiture provisions requiring Garcia to forfeit $1,440 to the United States.

 

During today’s proceedings, Garcia pled guilty to using and carrying a firearm in relation to a drug trafficking crime. In entering the guilty plea, Garcia admitted that on May 12, 2016, he possessed a firearm during the sale of methamphetamine to an undercover law enforcement agent. Garcia further admitted carrying the firearm for protection and to assist him in his drug trafficking crimes. At sentencing, Garcia faces a statutory minimum penalty of five years in federal prison. A sentencing hearing has yet to be scheduled.

 

To date, 20 of the 104 defendants have entered guilty pleas and one has been sentenced. The remaining defendants have entered not guilty pleas. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

 

The case was investigated by the Albuquerque offices of ATF. Assistant U.S. Attorney Rumaldo R. Armijo is prosecuting the case.

ALBUQUERQUE – Two more members of a Taos County-based heroin and money-laundering ring have entered guilty pleas in federal court in Albuquerque, N.M. Elena Carabajal, 26, of Taos County, N.M., entered a guilty plea yesterday to a heroin trafficking charge, and Wilma Romero, 66, of Arroyo Hondo, N.M., pled guilty today to heroin trafficking and money laundering charges. Carabajal and Wilma Romero are two of nine defendants charged with heroin trafficking and money laundering offenses as the result of a 15-month DEA-led multi-agency investigation into a heroin trafficking organization led by Ivan Romero, 40. To date, six of the nine defendants have entered guilty pleas.

 

Wilma Romero and seven co-defendants initially were charged with heroin trafficking and money laundering offenses in an eight-count indictment filed in Dec. 2015. The indictment was superseded in Feb. 2016 to add Carabajal as a ninth defendant and five additional charges. The superseding indictment charged Carabajal, Wilma Romero, Ivan Romero, Ricco Romero, 29, and five other defendants with conspiring to distribute heroin from at least June 2012 through Dec. 2015. It also charged Ivan Romero, Ricco Romero, Melissa Romero, 37, and Wilma Romero with conspiring to launder heroin trafficking proceeds. The superseding indictment also included substantive heroin trafficking and firearms charges against specific defendants including Carabajal, as well as forfeiture 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.

 

Carabajal pled guilty yesterday to possessing heroin with intent to distribute, and admitted helping Ricco Romero distribute heroin. She also acknowledged that on Dec. 18, 2015, law enforcement agents seized $69,752 in cash and approximately 95.8 grams of heroin while executing a federal search warrant at the residence she shared with Ricco Romero, the couple’s vehicles and safes. Under the terms of her plea agreement, Carabajal will be sentenced to not more than 30 months in prison followed by a term of supervised release to be determined by the court. A sentencing hearing has yet to be scheduled.

 

Today Wilma Romero entered a guilty to the money laundering conspiracy charge and a heroin trafficking charge. Under the terms of her plea agreement, Wilma Romero will be sentenced to not more than 24 months in prison followed by a term of supervised release to be determined by the court.

 

Four of their co-defendants previously entered guilty pleas in the case. On Dec. 5, 2016, Ivan Romero pled guilty to Counts 1 and 2 of the superseding indictment, charging him with participating in a heroin trafficking conspiracy and a money laundering conspiracy. Ricco Romero also pled guilty on Dec. 5, 2016, to participating in a heroin trafficking conspiracy and a money laundering conspiracy, and to possessing firearms in furtherance of his drug trafficking activities. Melissa Romero entered a guilty plea on Dec. 8, 2016, to Count 2 of the superseding indictment, charging her with participating in a money laundering conspiracy. Tyler Baker, 45, of Taos County, N.M., entered a guilty plea in October 2016.

 

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.

 

On April 2, 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 Wilma Romero’s 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.

 

If the plea agreements are accepted by the court, Ivan Romero will be sentenced to a prison term within the range of 120 to 144 months, Ricco Romero will be sentenced to a 120-month prison term, and Melissa Romero will be sentenced to a term of probation. Pursuant to their plea agreements, Ivan Romero, Ricco Romero, Melissa Romero and Carabajal have agreed to forfeit $431,870 in heroin proceeds and firearms to the United States.

 

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 – Travis Hayslip, 34, of Carlsbad, N.M., was sentenced today in federal court in Las Cruces, N.M., to 30 months in prison followed by three years of supervised release for violating the federal firearms laws when he ignited the fire that destroyed the Quality Inn Hotel in Carlsbad on March 9, 2016. Hayslip also was ordered to pay $2.4 million in restitution to Choice Hotels for the damage he caused to the hotel.

 

Hayslip was arrested on March 31, 2016, by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) on a federal arson charge. According to the criminal complaint, on March 9, 2016, a fire was ignited and caused more than $2 million in damages to the Quality Inn, a hotel that was under construction at 4106 National Parks Highway in Carlsbad in Eddy County, N.M. The complaint alleged that Hayslip walked through a part of the hotel that was under construction and lit a piece of debris with a lighter. Hayslip subsequently was indicted on April 26, 2016, on the charge of maliciously damaging and destroying the hotel by means of a fire.

 

On June 29, 2016, Hayslip pled guilty to a felony information charging him with being a felon in possession of a firearm. In entering the guilty plea, Hayslip admitted that on March 16, 2016, in Eddy County, he possessed a firearm despite his prior felony conviction for theft in Arizona. Hayslip also acknowledged that he was responsible for the arson that occurred on March 9, 2016, at Choice Hotels in Carlsbad, and was therefore liable for $2.4 million in damages caused by the fire.

 

Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case which was investigated by Special Agents from the Las Cruces office and the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives and members of ATF’s National Response Team who worked jointly with the Carlsbad Fire Department, the Carlsbad Police Department, the Pecos Valley Drug Task Force, the Office of New Mexico Fire Marshal, the Office of the New Mexico State Fire Investigator, and Gilbert Police Department K9 Handler, to follow leads, investigate the fire scene, interview witnesses and suspects, and analyze available surveillance footage.

 

ATF’s National Response Team is composed of veteran special agents having post blast and fire origin-and-cause expertise; forensic chemists; explosives enforcement officers; fire protection engineers; accelerant detection canines; intelligence support; and audit support. The team also has technical, legal, and intelligence advisors and a fleet of fully equipped response vehicles strategically located throughout the United States to provide logistical support. The National Response Team, federal, state and local investigators work together to reconstruct the scene, identify the seat of the blast or origin of the fire, and determine the cause. In the case of bombings and arson fires, NRT members gather evidence to support criminal prosecutions.

ALBUQUERQUE – Ronald Troy Bettencourt, 55, of Artesia, N.M., pled guilty today in federal court in Las Cruces, N.M., to violating the federal firearms and drug trafficking laws.

 

Bettencourt was arrested on Sept. 1, 2015, on an indictment charging him with being a felon in possession of firearms and ammunition on Jan. 23, 2014; distributing methamphetamine on Jan. 23, 2014; and being a felon in possession of explosives on March 18, 2014. According to the indictment, Bettencourt committed the crimes in Eddy County, N.M. At the time, Bettencourt was prohibited from possessing firearms, ammunition or explosives because he previously had been convicted of conspiracy to possess a controlled substance, embezzlement, and fraud.

 

During today’s proceedings, Bettencourt pled guilty to the indictment without the benefit of a plea agreement. At sentencing, Bettencourt faces a statutory maximum penalty of 20 years in federal prison. A sentencing hearing has yet to be scheduled.

 

This case was investigated the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Maria Y. Armijo is prosecuting the case.

ALBUQUERQUE – Massiel Segoviano-Fierro, 25, a Mexican national illegally residing in the United States, was sentenced today in federal court in Albuquerque, N.M., to 50 months in prison for his methamphetamine trafficking conviction. Segoviano-Fierro will be deported after he completes his prison sentence.

 

Segoviano-Fierro and his co-defendant Juan Carlos Nieblas-Ruelas, 28, also a Mexican national illegally residing in the United States, were arrested in Nov. 2015, and were charged by criminal complaint with conspiracy and possession of methamphetamine with intent to distribute on Nov. 23, 2015, in Bernalillo Country N.M. The two men were arrested after they attempted to sell approximately ten pounds of methamphetamine to an undercover law enforcement agent.

 

On Feb. 22, 2016, Segoviano-Fierro pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Segoviano-Fierro admitted that on Nov. 23, 2015, in Bernalillo County, he attempted to sell methamphetamine to an individual who unbeknownst to him was an undercover law enforcement agent. Segoviano-Fierro further admitted that he collaborated with Nieblas-Ruelas to obtain approximately ten pounds of methamphetamine to sell and distribute in Albuquerque.

 

On Jan. 22, 2016, Nieblas-Ruelas pled guilty to a similar felony information and admitted that on Nov. 23, 2015, he provided methamphetamine to Segoviano-Fierro knowing that Segoviano-Fierro intended to sell it to another person. Nieblas-Ruelas was sentenced on Nov. 1, 2016, to 72 months in prison and will be deported following his prison sentence.

 

This case was investigated by the Albuquerque office of Homeland Security Investigations and the New Mexico State Police and was prosecuted by Assistant U.S. Attorney David M. Walsh.

ALBUQUERQUE – Luis Rangel Arce, 45, a Mexican national unlawfully in the United States, was sentenced today in federal court in Albuquerque, N.M., to 87 months in prison for his methamphetamine trafficking conviction. Luis Rangel Arce will be deported after he completes his prison sentence.

 

Luis Rangel Arce and his co-defendants Miguel Rangel Arce, 36, and Rogelio Santiago Quiroa-Valdez also Mexican nationals, were amongst eight San Juan County residents charged with federal narcotics trafficking offenses as the result of a multi-agency investigation led by Homeland Security Investigations (HSI) and the HIDTA Region II Narcotics Task Force into methamphetamine trafficking on the Navajo Indian Reservation in northwestern New Mexico. The three men were arrested in May 2016 during a law enforcement operation that included the execution of two search warrants at residences in Shiprock and Kirtland, N.M.

 

The investigation leading to the federal charges was initiated in response to an increase in methamphetamine trafficking on the Navajo Indian Reservation in the Shiprock area, and was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program. This Department of Justice program combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. investigation identified eight defendants, who were charged in five indictments, through a series of methamphetamine purchases by undercover law enforcement officers. Law enforcement authorities seized more than two and a half pounds of methamphetamine, ten firearms, approximately $1,600 in cash, and a vehicle during the investigation.

 

Luis Rangel Arce, Miguel Rangel Arce, and Quiroa-Valdez were charged with methamphetamine trafficking charges in a seven-count indictment filed in April 2016. The indictment charged the three men with participating in a methamphetamine trafficking conspiracy between Nov. 2015 and March 2016, and with distributing methamphetamine on six occasions between Jan. 2016 and March 2016. According to the indictment, the defendants committed the crimes in San Juan County, N.M.

 

Luis Rangel Arce pled guilty on Aug. 16, 2016, to distributing methamphetamine on Jan. 11 and 14, 2016. In entering the guilty plea, Luis Rangel Arce admitted distributing 63.17 grams of methamphetamine to an undercover officer on Jan. 11, 2016, and distributing 55.3 grams of methamphetamine to an undercover officer on Jan. 14, 2016.

 

On Aug. 30, 2016, Miguel Rangel Arce pled guilty to participating in a methamphetamine trafficking conspiracy, and admitted that from Nov. 24, 2015 through March 17, 2016, he conspired to distribute between 500 grams and 1.5 kilograms of methamphetamine to an undercover officer. At sentencing, Miguel Rangel Arce faces a statutory minimum penalty of ten years and a maximum of life in prison.

 

Quiroa-Valdez also pled guilty on Aug. 30, 2016, and admitted that on Feb. 24, 2016, he distributed 85.5 grams of methamphetamine to an undercover officer. At sentencing Quiroa-Valdez faces a statutory minimum penalty of five years and a maximum of 40 years in prison.

 

Miguel Rangel Arce and Quiroa-Valdez remain in custody pending sentencing hearings, which have yet to be scheduled. They will be deported after completing their prison sentences.

 

The other five defendants were charged with methamphetamine trafficking charges in four other indictments. One has pled guilty and was sentenced on Sept. 27, 2016. Three have entered guilty pleas and are awaiting sentencing. The other two defendants have entered not guilty pleas and are awaiting trial. Charges in indictments are merely accusations and defendants are presumed innocent unless convicted in a court of law.

 

These cases were investigated by HSI’s Albuquerque office and the HIDTA Region II Narcotics Task Force with assistance from the Farmington office of the FBI, U.S. Marshals Service, and BIA’s Division of Drug Enforcement, Shiprock office of the Navajo Nation Division of Public Safety, New Mexico State Police, San Juan County Sheriff’s Office, Farmington Police Department, and New Mexico National Guard. Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting the cases.

 

The HIDTA Region II Narcotics Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department, Aztec Police Department and HSI Albuquerque, and is part of 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 – Ernesto Marquez Muniz, 31, of Las Cruces, N.M., pled guilty today in federal court to a methamphetamine trafficking charge under a plea agreement with the U.S. Attorney’s Office.

 

Muniz was arrested on Sept. 15, 2016, on a criminal complaint alleging methamphetamine trafficking and firearms charges. According to the complaint, on May 24, 2016, Muniz sold approximately seven grams of methamphetamine and a handgun and ammunition to an undercover law enforcement agent in Dona Ana County, N.M. At the time, Muniz was prohibited from possessing firearms or ammunition because of his prior felony conviction for distributing cocaine in the Western District of Texas in 2010.

 

During today’s proceedings, Muniz pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Muniz admitted that on May 24, 2016, he sold methamphetamine and a gun to undercover law enforcement agents in the parking lot of a motel in Las Cruces.

 

At sentencing, Muniz faces a maximum penalty of 20 years in federal prison. A sentencing hearing has yet to be scheduled.

 

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

ALBQUERQUE – Wayne Martin, 45, a member and resident of Cochiti Pueblo, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to violating the Migratory Bird Treaty Act. The guilty plea was entered without the benefit of a plea agreement.

 

Martin was charged in an indictment filed on June 15, 2016, with violating the Migratory Bird Treaty Act, which makes it unlawful to possess, offer for sale, or sell any migratory bird, or any part or product of a migratory bird. The indictment alleged that Martin offered to sell three hawks without previously obtaining permission from the Secretary of the Department of the Interior. According to the indictment, Martin committed the crime on Feb. 29, 2012, in Sandoval County, N.M.

 

At sentencing, Martin faces a statutory maximum penalty of two years of imprisonment and a $2,000 fine. A sentencing date has yet to be scheduled.

 

The case was investigated by the U.S. Fish and Wildlife Service, and is being prosecuted by Assistant U.S. Attorney Jeremy Peña.

 

The U.S. Fish and Wildlife Service is the principal federal agency responsible for conserving, protecting and enhancing fish, wildlife and plants and their habitats for the continuing benefit of the American people. The Service manages the 95-million-acre National Wildlife Refuge System, which encompasses 545 national wildlife refuges, thousands of small wetlands and other special management areas. It also operates 69 national fish hatcheries, 64 fishery resources offices and 81 ecological services field stations. The agency enforces federal wildlife laws, administers the Endangered Species Act, manages migratory bird populations, restores nationally significant fisheries, conserves and restores wildlife habitat such as wetlands, and helps foreign and Native American tribal governments with their conservation efforts.

ALBUQUERQUE –William Allen Patterson, 34, of Alamogordo, N.M., pled guilty today in federal court in Las Cruces, N.M., to a federal child pornography charge. Under the terms of his plea agreement, Patterson will be sentenced to 78 months in prison followed by a term of supervised release to be determined by the court. Patterson will also be required to register as a sex offender when he completes his prison sentence.

 

Patterson was arrested on August 10, 2016, on a criminal complaint alleging that he possessed and received visual depictions of minors engaged in sexually explicit activity from 2002 to 2012 and Aug. 10, 2016, in Otero County, N.M. According to the criminal complaint, the investigation into Patterson began in Aug. 2016, after Patterson admitted to a polygraph examiner that he was addicted to child pornography while undergoing a polygraph examination as part of the application process to be a Border Patrol Agent. On Aug. 9, 2016, law enforcement searched Patterson’s residence and found a hard drive containing at least 10,000 images of child pornography.

 

During today’s proceedings, Patterson pled guilty to a felony information charging him with receiving child pornography. In entering the guilty plea, Patterson admitted that on Aug. 9, 2016, he possessed a hard drive that contained numerous images and videos of child pornography which he had downloaded from the internet. Patterson remains in custody pending a sentencing hearing which has yet to be scheduled.

 

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

 

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 82 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 – Sho’Nee Ganadonegro, 26, an enrolled member of the Navajo Nation who resides in Albuquerque, N.M., pled guilty today in federal court to a child abuse charge.  Under the terms of her plea agreement, Ganadonegro will be sentenced to a term of probation to be determined by the court.

Ganadonegro was arrested in Jan. 2016, on an indictment charging her with engaging in child abuse by operating a motor vehicle recklessly on Nov. 1, 2015, in Indian Country in Cibola County, N.M.

During today’s proceedings, Ganadonegro entered a guilty plea to the indictment.  In entering the guilty plea, Ganadonegro admitted that on Nov. 1, 2015, she negligently operated a motor vehicle recklessly within Laguna Pueblo while under the influence of alcohol.  Ganadonegro admitted that her actions endangered the lives and health of the four Indian children who were passengers in the vehicle.  A sentencing hearing has yet to be scheduled.

This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Laguna Pueblo Tribal Police Department.  Assistant U.S. Attorney Joseph Spindle is prosecuting the case.

ALBUQUERQUE – Juan Velazquez, 26, of Las Cruces, N.M., pled guilty today in federal court in Las Cruces, N.M., to distributing cocaine and participating in a conspiracy to distribute cocaine in Doña Ana County, N.M. 

Velazquez was arrested in Sept. 2016, on an indictment alleging cocaine trafficking charges.  The 18-count indictment is the result of a six-month investigation, which was designated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program, targeting a drug trafficking organization allegedly led by Joel Ibarra-Torres, 46, a Mexican national, that allegedly distributed cocaine in Doña Ana County.

The indictment alleged that Ibarra-Torres and seven co-conspirators, including several members of Ibarra-Torres’ family, participated in a cocaine trafficking conspiracy that existed from at least March 31, 2016 until Sept. 20, 2016.  The indictment also alleged that Ibarra-Torres and two of his co-defendants participated in an international money laundering conspiracy.  It also charged certain of the defendants with substantive cocaine trafficking offenses and with using telephones to facilitate their drug trafficking activity.  The indictment included forfeiture provisions that seek the forfeiture of at least $31,620, constituting proceeds of the defendants’ alleged criminal activities, to the United States.

During today’s proceedings, Velazquez pled guilty to Count 1 of the indictment charging him with conspiracy to distribute cocaine and Counts 3, 5 and 8 of the indictment charging him with distributing cocaine.  Velazquez admitted that from March 31, 2016 through Sept. 20, 2016, he agreed with his co-defendants to distribute cocaine. In entering the guilty plea, Velazquez admitted engaging in the following illegal conduct:

• On July 14, 2016, Velazquez arranged for a courier to pick up five ¼ kilogram packages of cocaine in El Paso, Texas, and deliver the drugs to him in Las Cruces;
• On July 25, 2016, Velazquez paid $10,000 to a source of supply in Mexico for cocaine he previously obtained from the source;
• On Aug. 25, 2016, Velasquez arranged for a courier to pick up six ¼ kilogram packages of cocaine in El Paso, and deliver the drugs to him in Las Cruces; and
• Velazquez distributed 250 gram quantities of cocaine to an individual working with law enforcement on the following three dates:  June 8, 2016, July 14, 2016, and Aug. 25, 2016.

At sentencing, Velazquez faces a statutory mandatory minimum 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. 

On Dec. 20, 2016, Joel Ibarra, Jr., 21, of Sunland Park, N.M., pled guilty to Count 1 of the indictment charging him with conspiracy to distribute cocaine and Count 2 of the indictment charging him with money laundering.  In entering the guilty plea, Ibarra admitted that from June 2016 through Sept. 20, 2016, he agreed with his co-defendants to distribute between 500 grams and 2 kilograms of cocaine which was smuggled into the United States from Mexico in ¼ kilogram packages and then delivered to other individuals.  Ibarra further admitted that on Aug. 3, 2016, he transported $3,582 in drug proceeds through the Port of Entry in El Paso to deliver to the source of supply in Mexico.  Under the terms of his plea agreement, Ibarra will be sentenced to 27 months in prison followed by a term of supervised release to be determined by the court.  A sentencing hearing has yet to be scheduled.

On Dec. 19, 2016, Gabriela Castro, 24, a legal permanent resident from El Paso, pled guilty to Count 1 of the indictment charging her with conspiracy to distribute cocaine.  In entering the guilty plea, Castro admitted that on Aug. 26, 2016, she attempted to smuggle approximately 250 grams of cocaine into the United States from Mexico in exchange for payment.  At sentencing, Castro faces a maximum penalty of 20 years in federal prison.  A sentencing hearing has yet to be scheduled.

The remaining co-defendants, with the exception of Ibarra-Torres, who has yet to be arrested and is considered a fugitive, have entered pleas of not guilty pending trial.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

The investigation leading to the indictment was conducted by the Las Cruces office of the DEA, the U.S. Border Patrol and the FBI.  The case is being prosecuted by Assistant U.S. Attorneys Terri J. Abernathy and Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch office.

ALBUQUERQUE – Darwin Neal Kinzhuma, 51, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty today in federal court in Las Cruces, N.M., to a sexual abuse charge. Under the terms of his plea agreement, Kinzhuma will be sentenced to 81 months in prison followed by a term of supervised release to be determined by the court.  Kinzhuma will also be required to register as a sex offender when he completes his prison sentence.

Kinzhuma was arrested on March 23, 2016, on a criminal complaint charging him with sexually abusing a Mescalero Apache woman on June 28, 2015, on the Mescalero Apache Indian Reservation in Otero County, N.M.  Kinzhuma was subsequently indicted on the same charge on Aug. 17, 2016.

During today’s proceedings, Kinzhuma pled guilty to the indictment charging him with aggravated sexual abuse.  In entering the guilty plea, Kinzhuma admitted that on June 28, 2015, he sexually abused the victim on the Mescalero Apache Indian Reservation.  He remains in custody pending a sentencing hearing which has yet to be scheduled.

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

The case was brought 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 – A federal grand jury returned a one-count indictment yesterday afternoon charging David A. Hickman, 28, of Albuquerque, N.M., with using fire to damage and destroy a building used in interstate commerce.  Hickman is scheduled to be arraigned on the indictment on Jan. 3, 2017.

The indictment alleges that on Nov. 26, 2016, Hickman maliciously damaged and destroyed, and attempted to damage and destroy, by means of fire, a building, an Old Navy store located in Albuquerque, used in interstate commerce.

Hickman was arrested on Nov. 28, 2016 on a criminal complaint alleging the same offense as the crime charged in the indictment.  He remains in federal custody pending trial on judicial findings that he poses a risk of flight and a danger to the community.

According to the criminal complaint, officers of the Albuquerque Police Department (APD) arrested Hickman in the early hours of Nov. 26, 2016, and later transferred him into the custody of the FBI.  Hickman was arrested shortly after an APD officer responded to the Pavilions at San Mateo shopping center after hearing “small explosions” coming from the area.  The criminal complaint alleges that, when the officer arrived at the shopping center, he observed Hickman running into and out of the Old Navy store located in the shopping center, which was on fire.

If convicted on the crime charged in the indictment, Hickman faces a statutory penalty of not less than five years and not more than 20 years in prison.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law. 

The investigation of this case, which is continuing, is being conducted by the Albuquerque Division of the FBI, ATF in Albuquerque, ATF’s National Response Team, APD and the Albuquerque Fire Department.  Assistant U.S. Attorney Fred J. Federici is prosecuting the case.

Hickman Indictment

ALBUQUERQUE – Joel Ibarra, Jr., 21, of Sunland Park, N.M., pled guilty today in federal court in Las Cruces, N.M., to participating in a conspiracy to distribute cocaine in Doña Ana County, N.M.  Under the terms of his plea agreement, Ibarra will be sentenced to 27 months in prison followed by a term of supervised release to be determined by the court. 

Ibarra was arrested in Sept. 2016, on an indictment alleging cocaine trafficking charges.  The 18-count indictment is the result of a six-month investigation, which was designated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program, targeting a drug trafficking organization allegedly led by Joel Ibarra-Torres, 46, a Mexican national, that allegedly distributed cocaine in Doña Ana County.

The indictment alleged that Ibarra-Torres and seven co-conspirators, including several members of Ibarra-Torres’ family, participated in a cocaine trafficking conspiracy that existed from at least March 31, 2016 until Sept. 20, 2016.  The indictment also alleged that Ibarra-Torres and two of his co-defendants participated in an international money laundering conspiracy.  It also charged certain of the defendants with substantive cocaine trafficking offenses and with using telephones to facilitate their drug trafficking activity.  The indictment included forfeiture provisions that seek the forfeiture of at least $31,620, constituting proceeds of the defendants’ alleged criminal activities, to the United States.

During today’s proceedings, Ibarra pled guilty to Count 1 of the indictment charging him with conspiracy to distribute cocaine and Count 2 of the indictment charging him with money laundering.  In entering the guilty plea, Ibarra admitted that from June 2016 through Sept. 20, 2016, he agreed with his co-defendants to distribute between 500 grams and 2 kilograms of cocaine which was smuggled into the United States from Mexico in ¼ kilogram packages and then delivered to other individuals.  Ibarra further admitted that on Aug. 3, 2016, he transported $3,582 in drug proceeds through the Port of Entry in El Paso, Texas, to deliver to the source of supply in Mexico.  A sentencing hearing has yet to be scheduled.

On Dec. 19, 2016, Gabriela Castro, 24, a legal permanent resident from El Paso, pled guilty to Count 1 of the indictment charging her with conspiracy to distribute cocaine.  In entering the guilty plea, Castro admitted that on Aug. 26, 2016, she attempted to smuggle approximately 250 grams of cocaine into the United States from Mexico in exchange for payment.  At sentencing, Castro faces a maximum penalty of 20 years in federal prison.  A sentencing hearing has yet to be scheduled.

The remaining five co-defendants with the exception of Ibarra-Torres, who has yet to be arrested and is considered a fugitive, have entered pleas of not guilty pending trial.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

The investigation leading to the indictment was conducted by the Las Cruces office of the DEA, the U.S. Border Patrol and the FBI.  The case is being prosecuted by Assistant U.S. Attorneys Terri J. Abernathy and Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch office.

ALBUQUERQUE – Jimmy Alex Barela, Jr., 38, of Las Cruces, N.M., pled guilty today in federal court to methamphetamine and heroin trafficking charges.  The guilty plea was entered without the benefit of a plea agreement.

Barela was arrested on Sept. 30, 2016, on a criminal complaint charging him with possession of methamphetamine and heroin with intent to distribute on March 2, 2016, in Dona Ana County, N.M.  According to the complaint, law enforcement agents found a total of 425.5 grams of methamphetamine and 95.6 grams of heroin when they conducted a traffic stop on Barela’s vehicle and executed a search warrant at his residence.

During today’s proceedings, Barela pled guilty to a felony information charging him with possession of methamphetamine and heroin with intent to distribute.  At sentencing, Barela faces a statutory mandatory minimum penalty of ten years and a maximum of life in prison.  He remains in custody pending a sentencing hearing which has yet to be scheduled.

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

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

The case is being prosecuted 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 – Amber Kay Otero, 31, of Carlsbad, N.M., pled guilty today in federal court in Las Cruces, N.M., to the misdemeanor offense of unlawfully possessing a controlled substance. 

Otero was arrested on Sept. 23, 2016, following an investigation initiated after the DEA received a report of theft or loss of controlled substances from the Southwest Pharmacy located at 2402 West Pierce Street in Carlsbad.  According to the criminal complaint, Otero was employed as a pharmacy technician at Southwest Pharmacy and allegedly stole approximately 20,344 oxycodone tablets of various strengths.

During today’s proceedings, Otero pled guilty to a misdemeanor information charging her with unlawful possession of a controlled substance.  In entering the guilty plea, Otero admitted that from May 2012 through April 2015, she was employed as a pharmacy technician at the Southwest Pharmacy in Eddy County, N.M.  She further admitted that on Jan. 15, 2015, she intentionally took oxycodone pills from a bottle at Southwest Pharmacy for her own consumption.

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

This case was investigated by the DEA’s Tactical Diversion Squad in El Paso, Texas, and the Pecos Valley Drug Task Force. 

DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.

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. Attorney Matthew Beck of the U.S. Attorney’s Las Cruces Branch Office 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 – Henry Lujan, 23, of Albuquerque, N.M., was sentenced today in federal court to 87 months in prison for violating the Hobbs Act by participating in the armed robbery of a Walmart store in Albuquerque in Oct. 2014.  Henry Lujan will be on supervised release for three years after completing his prison sentence.

On Jan. 21, 2015, Henry Lujan and five co-defendants were charged with violating the Hobbs Act and federal firearms laws in a five-count indictment.  Count 1 charged Castillo and five other Albuquerque residents, Raymond Castillo, 27, Reyes Lujan, 27, Daniel Maestas, 36, Johnny Ramirez, 31, and Frank Gallegos, 31, with conspiring to violate the Hobbs Act.  Count 2 charged the six men with violating the Hobbs Act by robbing a Walmart Store in Bernalillo County, N.M., on Oct. 29, 2014.  Count 3 charged Castillo with brandishing a firearm during the robbery of the Walmart store, and Count 4 charges Maestas with using and carrying a firearm during the robbery.  Count 5 charged Ramirez, Gallegos, Reyes Lujan and Henry Lujan with aiding and abetting the use of firearms during the robbery.

The indictment was superseded in May 2015, by adding a new defendant, Reynaldo Marquez, 26, of Albuquerque, and two new counts.  One of the new counts charged Castillo and Marquez with interfering with interstate commerce by robbing a 7-11 convenience store located in Bernalillo County on Dec. 7, 2014.  The other charged Marquez with discharging a firearm during that robbery.

On Aug. 3, 2016, Henry Lujan pled guilty to Count 2 of the superseding indictment charging him with aiding and abetting an interference with interstate commerce.  In entering the guilty plea, Henry Lujan admitted that on Oct. 29, 2014, he and his co-defendants stole a safe filled with money and other valuables during the armed robbery of a Walmart.

Henry Lujan’s six co-defendants previously have entered guilty pleas.  Reyes Lujan was sentenced on March 8, 2016, to 71 months in prison followed by three years of supervised release, Gallegos was sentenced on Sept. 8, 2016, to 71 months in prison followed by three years of supervised release, Ramirez was sentenced on Oct. 6, 2016, to 71 months in prison followed by three years of supervised release, and Reynaldo Marquez was sentenced on Dec. 1, 2016, to 120 months in prison followed by five years of supervised release, and Raymond Castillo was sentenced on Dec. 8, 2016, to 216 months in prison followed by three years of supervised release.  The remaining co-defendant is in custody pending a sentencing hearing.

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department.  Assistant U.S. Attorneys Norman Cairns and Samuel A. Hurtado are prosecuting this case.

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

ALBUQUERQUE – Four men made their initial appearances in federal court in Albuquerque, N.M., this morning on a criminal complaint charging them with crimes arising out of the Dec. 3, 2016, armed robbery of a pharmacy in Raton, N.M.  The four men, who were arrested on the federal charges on Dec. 16, 2016, remain in custody pending preliminary and detention hearings scheduled for later this week.

The federal charges against Antoine Mitchell, 28, Moses Dickens, 30, and Justin Harris, 25, all of Albuquerque, and Christopher Dominguez, 26, of Mountainair, N.M., were announced by U.S. Attorney Damon P. Martinez, 8th Judicial District Attorney Donald Gallegos, Special Agent in Charge Will R. Glaspy of DEA’s El Paso Division, Chief John Garcia of the Raton Police Department and Colfax County Sheriff Rick Sinclair.

The criminal complaint charges Mitchell, Dickens, Dominguez and Harris with conspiring to rob a business engaged in interstate commerce, possessing Oxycodone with intent to distribute, and brandishing firearms during a crime of violence.  According to the criminal complaint, which is attached, the four defendants committed the offenses by robbing the Medicine Shoppe Pharmacy located at 1275 S. 2nd Street in Raton, at gunpoint on Dec. 3, 2016.

The four defendants were charged with local charges by the 8th Judicial District Attorney’s Office following their arrests on Dec. 3, 2016.  The state charges will be dismissed in favor of federal prosecution.

The federal charges in the criminal complaint carry the following statutory maximum penalties on conviction:  20 years of imprisonment for conspiracy to rob a business engaged in interstate commerce, and 20 years of imprisonment for possession of Oxycodone with intent to distribute.  The penalty for a conviction for brandishing a firearm during a crime of violence is a mandatory minimum of seven years in prison to be served consecutive to any prison sentence imposed on the other charges.

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

This case was investigated by the Tactical Diversion Squad of the DEA in Albuquerque, Raton Police Department, Colfax County Sheriff’s Office and the Trinidad (Colorado) Police Department, with assistance from the 8th Judicial District Attorney’s Office.  DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.

Assistant U.S. Attorneys Joel R. Meyers and Shaheen P. Torgoley are 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.

Mitchell Complaint

ALBUQUERQUE – David Kingsbeck 43, of Farmington, N.M., pled guilty today in federal court in Albuquerque, N.M., to violating the federal drug trafficking and firearms laws under a plea agreement with the U.S. Attorney’s Office. 

Kingsbeck was arrested on March 4, 2016, on a criminal complaint charging him with trafficking methamphetamine in San Juan County, N.M.  According to the complaint, Kingsbeck sold approximately 57 grams of methamphetamine to an undercover law enforcement agent on Feb. 16, 2016.

Kingsbeck and his co-defendant Rupesh Bhakta, 38, also of Farmington, were subsequently indicted on March 23, 2016.  Kingsbeck was charged individually with being a felon in possession of a firearm on July 1, 2015 and Dec. 30, 2015, and distribution of heroin on Dec. 30, 2015.  Bhakta and Kingsbeck were charged jointly with conspiracy and distribution of methamphetamine on Feb. 16, 2016.  According to the indictment, the offenses took place in San Juan County.  Kingsbeck was prohibited from possessing firearms and ammunition because of his prior felony convictions for criminal conspiracy theft and escape attempt from felony. 

During today’s proceedings, Kingsbeck pled guilty to distributing heroin and being a felon in possession of a firearm and ammunition.  In entering the guilty plea Kingsbeck admitted that on Dec. 29, 2015, he sold approximately 12.8 grams of heroin and a firearm and ammunition to an undercover law enforcement agent.  Kingsbeck further admitted that he was prohibited from possessing firearms or ammunition on Dec. 29, 2015, because of his prior felony convictions. 

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

On Dec. 8, 2016, Bhakta pled guilty to an information charging him with distribution of methamphetamine.  In entering the guilty plea, Bhakta admitted that on Feb. 16, 2016, he distributed methamphetamine to an undercover law enforcement agent.  Under the terms of his plea agreement, Bhakta will be sentenced within the range of 24 to 60 months in federal prison.  Bhakta 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 the New Mexico State Police.  Assistant U.S. Attorney Rumaldo R. Armijo 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 – Gabriela Castro, 24, a legal permanent resident from El Paso, Texas, pled guilty today in federal court in Las Cruces, N.M., to participating in a conspiracy to distribute cocaine in Doña Ana County, N.M. 

Castro was arrested in Sept. 2016, on an indictment alleging cocaine trafficking charges.  The 18-count indictment is the result of a six-month investigation, which was designated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program, targeting a drug trafficking organization allegedly led by Joel Ibarra-Torres, 46, a Mexican national, that allegedly distributed cocaine in Doña Ana County.

The indictment alleged that Ibarra-Torres and seven co-conspirators, including several members of Ibarra-Torres’ family, participated in a cocaine trafficking conspiracy that existed from at least March 31, 2016 until Sept. 20, 2016.  The indictment also alleged that Ibarra-Torres and two of his co-defendants participated in an international money laundering conspiracy.  It also charged certain of the defendants with substantive cocaine trafficking offenses and with using telephones to facilitate their drug trafficking activity.  The indictment included forfeiture provisions that seek the forfeiture of at least $31,620, constituting proceeds of the defendants’ alleged criminal activities, to the United States.

During today’s proceedings, Castro pled guilty to Count 1 of the indictment charging her with conspiracy to distribute cocaine.  In entering the guilty plea, Castro admitted that on Aug. 26, 2016, she attempted to smuggle approximately 250 grams of cocaine into the United States from Mexico in exchange for payment.  At sentencing, Castro faces a maximum penalty of 20 years in federal prison.  A sentencing hearing has yet to be scheduled.

The remaining co-defendants with the exception of Ibarra-Torres who has yet to be arrested and is considered a fugitive, have entered pleas of not guilty pending trial.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

The investigation leading to the indictment was conducted by the Las Cruces office of the DEA, the U.S. Border Patrol and the FBI.  The case is being prosecuted by Assistant U.S. Attorneys Terri J. Abernathy and Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch office.

ALBUQUERQUE – Ray Martinez, 44, of Albuquerque, N.M., was sentenced Dec. 15, 2016, in federal court to 77 months in prison followed by four years of supervised release for his methamphetamine trafficking conviction.

Martinez and his co-defendants Simon A. Shields, 36 and David Corral-Valenzuela, 44, were arrested during an ATF-led investigation that resulted in the filing of 59 federal indictments and one federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses.  The investigation began in mid-April 2016, when ATF personnel from throughout the country joined forces with federal, state, county and local law enforcement agencies in New Mexico to combat the high rate of violent crime in the Albuquerque metropolitan area.  The investigators utilized a number of investigative techniques, including undercover operations, historical investigation and targeting of multi-convicted felons in possession of firearms.

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.

Martinez and Shields were arrested in July 2016, on an indictment charging them with conspiracy and methamphetamine trafficking charges.  The indictment was subsequently superseded on July 28, 2016, to include Corral-Valenzuela.  The superseding indictment charged Martinez and Shields with conspiracy to distribute methamphetamine and distribution of methamphetamine on June 13, 2016, Shields and Corral-Valenzuela with conspiracy and distribution of methamphetamine on June 21, 2016, and Corral-Valenzuela with being an alien in possession of a firearm and illegal reentry into the United States on July 6, 2016.  The superseding indictment included forfeiture provisions requiring the co-defendants to forfeit $6,550 to the United States.

On Sept. 2, 2016, Martinez pled guilty to one count of distribution of methamphetamine, and admitted that on June 13, 2016, he distributed more than 50 grams of methamphetamine.

Martinez is the first defendant to be sentenced of the 104 defendants charged as a result of the ATF investigation.   To date, 19 of the 104 defendants have entered guilty pleas.  The remaining defendants, including Martinez’s co-defendants Shields and Corral-Valenzuela, have entered not guilty pleas.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

The case was investigated by the Albuquerque offices of ATF and DEA.  Assistant U.S. Attorneys Kimberly A. Brawley and Paul Mysliwiec are prosecuting the case.

ALBUQUERQUE – Edward Kriglstein, 50, of Albuquerque, N.M., pled guilty Dec. 16, 2016, in federal court to a federal methamphetamine trafficking charge.  Under the terms of his plea agreement, Kriglstein will be sentenced to 120 months in prison followed by a term of supervised release to be determined by the court.

Kriglstein was arrested in Feb. 2016, on a criminal complaint charging him with possession of methamphetamine with intent to distribute on Feb. 8, 2016, in Bernalillo County, N.M.  According to the complaint, law enforcement officers executed an arrest warrant on Kriglstein and subsequently seized approximately 153.5 gross grams of methamphetamine, marijuana, cash and drug paraphernalia pursuant to Kriglstein’s arrest.  Kriglstein was indicted on the same charge on Feb. 24, 2016.

On Dec. 16, 2016, Kriglstein pled guilty to the indictment and admitted that on Feb. 8, 2016, law enforcement seized approximately 107.4 grams of pure methamphetamine from him during the execution of an outstanding arrest warrant on Kriglstein for a prior criminal conviction.  Kriglstein 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 the Bernalillo County Sheriff’s Office.  Assistant U.S. Attorney Alexander M. Uballez is prosecuting the case.

ALBUQUERQUE – Henderson Shorty, 53, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 30 months in prison followed by five years of supervised release for his conviction on an abusive sexual contact charge.  Shorty also will be required to register as a sex offender after he completes his prison sentence.

Shorty was arrested in Feb. 2016, on an indictment charging him with abusive sexual contact.  The indictment charged Shorty with sexually abusing a child under the age of 12 years on Jan. 24, 2013, in Indian Country in McKinley County, N.M.

On July 1, 2016, Shorty pled guilty to an abusive sexual contact charge in a felony information.  In entering the guilty plea, Shorty admitted that from Jan. 1, 2013 through March 31, 2013, he had sexual contact with a child under the age of 12.  Shorty admitted committing the crime on the Navajo Indian Reservation. 

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

ALBUQUERQUE – Bart Dutch Marshall, 61, of Albuquerque, N.M., was sentenced today in federal court to 66 months in prison followed by three years of supervised release for his methamphetamine trafficking and firearms conviction.

Marshall was arrested on March 23, 2015, on an indictment charging him with possession of methamphetamine with intent to distribute and using firearms during and in relation to a drug trafficking crime on April 3, 2014, in Bernalillo County, N.M.

On July 19, 2016, Marshall pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute and possessing firearms during and in relation to a drug trafficking crime.  In entering the guilty plea, Marshall admitted that on April 3, 2014, the Albuquerque Police Department executed a search warrant on his residence and found over 80 grams of pure methamphetamine, which he intended to sell to others.  Marshall further admitted that he had a number of firearms in his residence which he possessed for his protection as part of the drug trade.

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department.  Assistant U.S. Attorney Jacob Wishard prosecuted the case. 

ALBUQUERQUE – Cowey Edsitty, 32, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms laws.

Edsitty was arrested in July 2016, on an indictment charging him with being a felon in possession of a firearm and ammunition on May 3, 2016, in McKinley County, N.M.  According to court documents, Edsitty was prohibited from possessing firearms or ammunition because of his prior felony convictions for residential burglary, assault with intent to commit a violent felony, aggravated battery and aggravated fleeing a law enforcement officer.

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

This case was investigated by the Gallup office of the FBI and the McKinley County Sheriff’s Office.  Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting the case.

ALBUQUERQUE – Darrell Chino, Jr., 34, an enrolled member of Acoma Pueblo who resides in Acomita, N.M., was sentenced today in federal court in Albuquerque, N.M., to 57 months in prison followed by three years of supervised release for his domestic assault by a habitual offender conviction.

Chino was arrested on Sept. 23, 2015, on a criminal complaint charging him with domestic assault of an intimate partner by a habitual offender on Aug. 18, 2015, in Cibola County, N.M.  According to the complaint, on Aug. 18, 2015, Chino assaulted an Acoma Pueblo woman by placing his hands around the victim’s throat, shoving her to the ground and attempting to kick her.  Chino was subsequently indicted on the same charge on Sept. 22, 2015.  Court records indicate that Chino had previously been convicted of assault against a household member in 2011 and 2012, in the 2nd Judicial District Court for the State of New Mexico.

 On April 7, 2016, Chino pled guilty to a felony information charging him with domestic assault by a habitual offender and admitted that on Aug. 18, 2015, he assaulted his intimate partner by grabbing her throat and throwing her to the ground causing her to suffer bodily injury.  Chino committed the crime in Acoma Pueblo in Cibola County.  Chino also acknowledged that he had at least two prior domestic assault convictions. 

This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Pueblo Tribal Police Department, and was prosecuted by Assistant U.S. Attorney Sarah Mease.

The case was brought 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 – Patrick Carpio, 70, a member and resident of Isleta Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 20 years in prison followed by a lifetime of supervised release for his conviction on child sexual abuse and sexual contact charges.  Carpio will be required to register as a sex offender after he completes his prison sentence.

Carpio was arrested on May 1, 2015, on a four-count indictment charging him with three counts of abusive sexual contact and one count of aggravated sexual abuse.  The indictment charged Carpio with sexually abusing an Indian child who had not reached the age of 12 years on three occasions between Jan. 1999 and Nov. 2002.  It also charged Carpio with sexually abusing a second Indian child who was between the age of 12 and 16 years in March 2013.  According to the indictment, Carpio committed the crimes in Indian Country in Bernalillo County, N.M.  A superseding indictment was filed on Feb. 24, 2016, charging Carpio with the same offenses.

On April 28, 2016, Carpio pled guilty to Counts 3 and 4 of the superseding indictment charging him with aggravated sexual abuse and abusive sexual contact.  In his plea agreement, Carpio admitted engaging in a sexual act with a ten-year-old Indian child in 2002.  He also admitted having sexual contact with a 12-year-old Indian child in March 2013.  Carpio admitted committing the crimes in the Pueblo of Isleta.

This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services.  The case was 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/.

ALBUQUERQUE – Tristalyn Valencia, 30, of Farmington, N.M., was sentenced today in federal court in Santa Fe, N.M., to 13 years in prison followed by five years of supervised release for her conviction on a distribution of child pornography charge.  Valencia will be required to register as a sex offender upon her release from prison.

The sentence was announced by U.S. Attorney Damon P. Martinez, 11th Judicial District Attorney Robert P. “Rick” Tedrow, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Tex., and San Juan County Sheriff Ken Christesen.

Valencia was arrested on Dec. 24, 2015, on an indictment charging her with nine counts of producing visual depictions of a minor engaged in sexually explicit conduct.  According to the indictment, Valencia committed the crimes between May 2012 and Aug. 2012 in San Juan County, N.M. 

On April 13, 2016, Valencia pled guilty to a felony information charging her with distribution of child pornography.  In entering the guilty plea, Valencia admitted that from June 1, 2012 through June 30, 2012, she distributed nine images containing child pornography.  Each image depicted the same victim, who was under the age of 12 years, engaged in sexually explicit conduct.  Some of the images depicted the victim engaged in sexually explicit conduct with an adult male.

This case was investigated by the Albuquerque and Phoenix offices of HSI and the San Juan County Sheriff’s Office with assistance from the 11th Judicial District Attorney’s Office in Farmington. 

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

ALBUQUERQUE – Two more Albuquerque residents pled guilty today in federal court to violating federal drug trafficking and firearms laws.  Mike Jensen, 33, pled guilty to violating federal firearms laws, and Bernadette Aurora Tapia (Tapia), 48, pled guilty to a methamphetamine trafficking charge.

Jensen and Tapia were arrested during an ATF-led investigation that resulted in the filing of 59 federal indictments and one federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses.  The investigation began in mid-April 2016, when ATF personnel from throughout the country joined forces with federal, state, county and local law enforcement agencies in New Mexico to combat the high rate of violent crime in the Albuquerque metropolitan area.  The investigators utilized a number of investigative techniques, including undercover operations, historical investigation and targeting of multi-convicted felons in possession of firearms.

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.

Jensen was arrested in July 2016, on an indictment charging him with methamphetamine trafficking and firearms charges.  The indictment was subsequently superseded on Aug. 9, 2016, to include a co-defendant, Michael Ryan Prost, 36.  The superseding indictment charged Jensen and Prost with conspiring to distribute methamphetamine from May 9, 2016 through May 25, 2016, and distributing methamphetamine on May 9, 2016.  Jensen was charged individually with possession of a stolen firearm and carrying a firearm in relation to a drug trafficking crime on May 9, 2016, and distributing methamphetamine on May 25, 2016.  Today, Jensen pled guilty to carrying a firearm in relation to a drug trafficking crime.  In entering the guilty plea, Jensen admitted that on May 9, 2016, he possessed a firearm in relation to the distribution of more than 50 grams of methamphetamine. 

Tapia and her co-defendants Gaspar Leal, 46, Brandon Candelaria, 21, and Candace Tapia, 21, were charged by indictment on July 12, 2016, with conspiracy and distribution of methamphetamine on June 8, 2016, in Bernalillo County.  Today, Tapia pled guilty to conspiracy and admitted that on June 8, 2016, she agreed with others to distribute methamphetamine to another person.

At sentencing, Jensen faces a statutory minimum penalty of five years in federal prison.   Tapia faces a statutory minimum penalty of five years and a maximum of 40 years in federal prison.  Both remain in custody pending sentencing hearings which have yet to be scheduled. 

To date, 19 of the 104 defendants charged as a result of the ATF investigation have entered guilty pleas.  The remaining defendants, including Jensen’s and Tapia’s co-defendants, have entered not guilty pleas.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

These cases were investigated by the Albuquerque offices of ATF.  The case against Jensen and Prost is being prosecuted by Assistant U.S. Attorney Edward Han, and the case against Tapia, Leal, Candelaria and Candace Tapia is being prosecuted by Assistant U.S. Attorney Samuel A. Hurtado.

ALBUQUERQUE – Ferguson Pierce, 52, an enrolled member of the Navajo Nation who resides in Farmington, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to 210 months in prison followed by ten years of supervised release for his conviction on an aggravated sexual abuse charge.  Pierce will also be required to register as a sex offender after he completes his prison sentence.

The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Director Jesse Delmar of the Navajo Nation Division of Public Safety.

Pierce was arrested in Nov. 2015, on a criminal complaint alleging that he sexually assaulted and raped a Navajo woman in San Juan County, N.M., on the Navajo Indian Reservation, on July 6, 2015.  Pierce was indicted on Aug. 25, 2015, and charged with aggravated sexual abuse. 

On June 6, 2016, Pierce pled guilty to a felony information charging him with aggravated sexual abuse.  In entering the guilty plea, Pierce admitted that on July 6, 2015, he forced his way into the victim’s residence and sexually assaulted the victim. 

This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety.

Assistant U.S. Attorney David Adams prosecuted the case as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence against Women under a grant administered by the Pueblo of Laguna.  The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native 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 – Maynard Shirley 37, an enrolled member of the Navajo Nation who resides in Kirtland, N.M., pled guilty today in federal court in Albuquerque, N.M., to being an accessory after the fact and impeding an investigation into a murder and assault which occurred in Fruitland, N.M., on March 21, 2015.  Under the terms of his plea agreement, Maynard Shirley will be sentenced to 42 months in prison followed by a term of supervised release to be determined by the court.

According to court filings, Maynard Shirley and his brothers Elijah Shirley, 31, and Michael Shirley, 32, were charged with murdering a Navajo man and assaulting the murder victim’s father.  According to the criminal complaint, the defendants committed the crimes on March 21, 2015, in Fruitland, N.M., in San Juan County, N.M.  Maynard Shirley, Elijah Shirley and Michael Shirley were indicted on April 14, 2015, and charged with killing one victim by stabbing him with a knife, and assaulting the second victim with a dangerous weapon and causing him to suffer serious bodily injury. 

During today’s proceedings, Maynard Shirley pled guilty to a felony information charging him with being an accessory after the fact as to the offense of voluntary manslaughter.  In entering the guilty plea, Maynard Shirley admitted that from March 21, 2015 through March 23, 2015, he aided Elijah Shirley despite knowledge that Elijah Shirley had committed the crime of voluntary manslaughter.  Maynard Shirley admitted helping Elijah Shirley by transporting him, securing housing for him, and burning his vehicle. 

Michael Shirley pled guilty on Sept. 21, 2016, to an information charging him with being an accessory after the fact.  Under the terms of his plea agreement, Michael Shirley will be sentenced to 63 months in prison followed by a term of supervised release to be determined by the court.

Elijah Shirley entered a guilty plea on Sept. 21, 2016, to a felony information charging him with voluntary manslaughter, and admitted stabbing and killing the victim in the heat of passion.  Under the terms of his plea agreement, Elijah Shirley will be sentenced to 121 months in prison followed by a term of supervised release to be determined by the court.

Maynard Shirley, Elijah Shirley and Michael Shirley all remain in custody pending sentencing hearings, which have yet to be scheduled. 

The case was investigated by the Farmington office of the FBI and the Shiprock and Kayenta offices of the Navajo Nation Division of Public Safety, and are being prosecuted by Assistant U.S. Attorneys Niki Tapia-Brito and Nicholas Marshall.

ALBUQUERQUE – David Nunez of Santa Fe, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to the misdemeanor offense of dispensing a controlled substance, testosterone, without a prescription.  Nunez was a licensed pharmacist and the owner of a pharmacy in Santa Fe at the time he committed the crime. 

Immediately following the entry of the guilty plea, a U.S. Magistrate Judge sentenced Nunez under the terms of his plea agreement to a three-year term of probation during which he may not re-apply for a pharmacist license or a DEA registration to dispense controlled substances.  Nunez also was ordered to perform 100 hours of community service during his probationary term.

Nunez was charged in Nov. 2015, in a criminal complaint with unlawfully dispensing testosterone without a prescription, possession of a controlled substance (testosterone) with intent to distribute, and conspiracy.  According to the criminal complaint, in 2011, when Nunez was a licensed pharmacist and owner of a pharmacy in Santa Fe, he leased space in his pharmacy to another person (lessee) with the understanding that the lessee would use the space to compound bio-identical hormone replacement creams for distribution by the lessee’s own company.   Nunez agreed to supervise the lessee’s compounding operations and permitted the lessee to use his DEA registration number to order testosterone, a controlled substance, for use in the lessee’s compounding operation. 

During today’s change of plea hearing, Nunez pled guilty to a misdemeanor information charging him with the unlawful dispensing of a controlled substance without a prescription.  In his plea agreement, Nunez admitted leasing space to the lessee for the purpose of compounding medications.  Nunez further admitted that in May 2011, he received more than a kilogram of testosterone at his pharmacy which had been ordered by the lessee’s employees using Nunez’s DEA registration number.  Nunez provided the testosterone to the lessee even though he did not process any specific prescriptions for any patients for the testosterone and was not aware of any specific prescriptions for the medication.

The New Mexico Board of Pharmacy suspended Nunez’s pharmacist license in June 2015 as the result of a separate investigation and he subsequently sold his pharmacy. 

This case was investigated by the Tactical Diversion Squad of the DEA’s Albuquerque office, the Food and Drug Administration and the New Mexico Board of Pharmacy.  The case was prosecuted by Assistant U.S. Attorney Jennifer M. Rozzoni. 

DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.

ALBUQUERQUE – Davon Lymon, 35, of Albuquerque, N.M., pleaded guilty this afternoon to violating the federal firearms laws by unlawfully possessing a firearm on May 27, 2016.  The charge to which Lymon entered a guilty plea today is Count 2 of a four-count superseding indictment charging Lymon with violating the federal firearms laws.

Chief U.S. District Judge M. Christina Armijo previously returned a guilty verdict against Lymon on Count 4 of the four-count superseding indictment on Oct. 28, 2016.  Count 4 charged Lymon with being a felon in possession of a firearm and ammunition on Oct. 21, 2015, the day on which he allegedly shot Officer Daniel Webster of the Albuquerque Police Department (APD).  Officer Webster died on Oct. 29, 2015, as a result of injuries he allegedly sustained during the shooting, and Lymon has been charged with murdering Officer Webster in a separate state case.  Lymon has yet to answer to the murder charged in state court and is presumed innocent unless found guilty.

Under the terms of the plea agreement pursuant to which Lymon entered today’s guilty plea, the United States will dismiss Counts 1 and 3 of the superseding indictment after Lymon has been sentenced on Counts 2 and 4.  Count 1 charged Lymon with unlawfully possessing a firearm on May 27, 2015 and Count 3 charged him with unlawfully possessing a stolen firearm in May 2015. 

The aforementioned four-count superseding indictment was filed in one of the two federal cases against Lymon, a prior felon with convictions for voluntary manslaughter, aggravated battery with a deadly weapon resulting in great bodily harm, fraud, and forgery. 

In the second federal case, Lymon was charged with distributing heroin on Sept. 11, 2015 and Oct. 2, 2015, and unlawfully possessing a firearm on Oct. 2, 2015, in Bernalillo County, N.M.  Lymon pled guilty to the three charges in the heroin trafficking case on May 9, 2016, without the benefit of a plea agreement.

At sentencing, which has not been scheduled, Lymon faces a statutory maximum penalty of ten years in prison on each of the three firearms charges on which he has been convicted.  Lymon also faces a statutory maximum penalty of 20 years in prison on the two heroin trafficking charges.

The Albuquerque office of ATF and APD investigated the firearms case, with assistance from the Albuquerque office of the FBI, the U.S. Marshals Service, the New Mexico State Police, the Bernalillo County Sheriff’s Office, the Rio Rancho Police Department and the New Mexico Transportation Police Division.  The heroin trafficking case was investigated by the Albuquerque offices of ATF and DEA. 

Assistant U.S. Attorneys Jacob A. Wishard and Kimberly A. Brawley are prosecuting the two federal cases against Lymon as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.  Because New Mexico’s violent crime rate, on a per capita basis, is one of the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, N.M., under this initiative.

ALBUQUERQUE – A federal jury sitting in Santa Fe, N.M., returned a verdict this afternoon finding Cornelia Tom Tapaha, 40, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., guilty on assault charges after a six-day trial.  The verdict was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Director Jesse Delmar of the Navajo Nation Division of Public Safety.

Tapaha was arrested in June 2016, on an indictment charging her with assault with a dangerous weapon, a vehicle, and assault resulting in serious bodily injury.  The indictment alleged that Tapaha committed the crimes on July 8, 2015, on the Navajo Indian Reservation in San Juan County, N.M.

Trial of Tapaha began on Dec. 5, 2016, and concluded this afternoon when the jury returned a verdict finding Tapaha guilty of assault and assault resulting in serious bodily injury.

The evidence at trial established that on the evening of July 8, 2016, Tapaha, the victim and another individual consumed alcohol while driving on the Navajo Indian Reservation.  While Tapaha was driving and the victim was in the front passenger seat, Tapaha and the victim began arguing.  Eventually Tapaha pulled over, and the victim and the other individual got out of the vehicle and began walking away.  Tapaha remained in the vehicle and proceeded to run over the victim.  As a result of this assault, the victim’s ribs, collar bone and ankle were broken and required surgical repair.  The victim also suffered multiple lacerations requiring stitches. 

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

This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Department of Public Safety.  Assistant U.S. Attorneys Joseph Spindle and Novaline D. Wilson are prosecuting the case.

ALBUQUERQUE – Ivan Romero, 40, the leader of a heroin trafficking organization based in Taos County, N.M. pled guilty earlier this week to federal heroin and money laundering charges filed as the result of a 15-month DEA-led multi-agency investigation.  His brother, Ricco Romero, 29, and his wife, Melissa Romero, 37, also entered guilty pleas to federal charges pursuant to plea agreements with the U.S. Attorney’s Office.

Ivan Romero, Ricco Romero, Melissa Romero and five other defendants were charged in an eight-count indictment filed in Dec. 2015, that was later modified to add a ninth defendant and five additional charges by superseding indictment filed in Feb. 2016.  The superseding indictment charged Ivan Romero, Ricco Romero and six other defendants with conspiring to distribute from at least June 2012 through Dec. 2015.  It also charged Ivan Romero, Ricco Romero, Melissa Romero and one other defendant with conspiring to launder heroin trafficking proceeds.  The superseding indictment also included substantive heroin trafficking and firearms charges against specific defendants, as well as forfeiture 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 a change of plea hearing on Dec. 5, 2016, Ivan Romero pled guilty to Counts 1 and 2 of the superseding indictment, which charged him with participating in a heroin trafficking conspiracy and a money laundering conspiracy.  Ricco Romero also had a change of plea hearing on Dec. 5, 2016, during which he pled guilty to a felony information charging him with participation in a heroin trafficking conspiracy and a money laundering conspiracy, and to possessing firearms in furtherance of his drug trafficking activities.  Melissa Romero entered a guilty plea on Dec. 8, 2016, to Count 2 of the superseding indictment, charging her with participating in a money laundering conspiracy.

According to the admissions in the plea agreements of Ivan Romero, Ricco Romero and Melissa Romero, 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. 

On April 2, 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, 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. Ivan Romero, Ricco Romero, Melissa Romero and others 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, Ivan Romero, Ricco Romero, Melissa Romero and others again conspired to launder an additional $150,000 in heroin proceeds to post that bond

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’s residence and at a stash house where Ricco Romero maintained a safe.  During those searches, agents seized 96.8 grams of heroin, $70,562 in cash, and two firearms. 

If their plea agreements are accepted by the court, Ivan Romero will be sentenced to a prison term within the range of 120 to 144 months, Ricco Romero will be sentenced to a 120-month prison term, and Melissa Romero will be sentenced to a term of probation.  Pursuant to their plea agreements, Ivan Romero, Ricco Romero and Melissa Romero have agreed to forfeit $431,870 in heroin proceeds to the United States. 

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 – The U.S. Court of Appeals for the Tenth Circuit has upheld the October 2015 ruling of the U.S. District Court for the District of New Mexico that an Otero County resolution permitting the removal of trees from the Lincoln National Forest is unconstitutional because it violates the Supremacy Clause of the U.S. Constitution.  The Court of Appeals also agreed that the New Mexico state statute on which the Otero County resolution relied was unconstitutional because it too violated the Supremacy Clause.  Both the New Mexico state statute and the Otero County resolution have been invalidated.

The lawsuit was filed in Feb. 2012, by the Justice Department on behalf of the Forest Service, an agency of the U.S. Department of Agriculture, against the State of New Mexico and the Otero County Commission.  At issue in the lawsuit was the alleged authority of the State and Otero County to assert control over federal lands without the consent of the federal government, and in conflict with federal laws governing those lands.

The state statute (N.M.S.A. § 4-36-11) was enacted in 2001 and purported to authorize counties to clear undergrowth and trees on National Forest System lands without the consent of the Forest Service.  In May 2011, the Otero County Commission passed the resolution claiming power to remove alleged fire hazards from federal lands within the County without first complying with federal law.  The County also announced plans to cut and remove trees from more than 60,000 acres of lands on the Lincoln National Forest, without approval from the Forest Service.

In October 2015, the District Court entered an order declaring that the New Mexico statute and Otero County resolution were preempted by federal law and thus were unconstitutional.  The Otero County Commission appealed this decision to the Court of Appeals.  The State of New Mexico did not appeal.

On December 8, 2016, the Court of Appeals unanimously rejected the Otero County Commission’s appeal, and affirmed the District Court’s decision in its entirety.  The Court of Appeals found that binding Supreme Court case law establishes that the Property Clause of the U.S. Constitution gives the federal government complete power over federal property.  Thus, while State and local governments can ordinarily exercise police powers over federal land within their boundaries, those powers must yield under the Supremacy Clause when they conflict with federal law under the Property Clause.  The Court stated that “[w]hen different governments differ in their assessment of danger, one must prevail, and the Supremacy Clause says that in these circumstances it must be the United States.”  The Court concluded that the Otero County resolution and New Mexico state statute were unconstitutional because they were inconsistent with Forest Service regulations governing National Forests under several federal statutes enacted by Congress. 

Senior Litigation Counsel David C. Shilton and Senior Trial Attorney Andrew A. Smith of the Justice Department’s Environment and Natural Resources Division, and Assistant U.S. Attorney Ruth F. Keegan of the U.S. Attorney’s Office for the District of New Mexico, represented the United States in this litigation.  They were assisted by Nicholas L. Pino of the U.S. Department of Agriculture, Office of General Counsel.

Otero County Opinion