District of New Mexico

ALBUQUERQUE – Shawn Anthony Burns, 31, of Albuquerque, N.M., pled guilty today in federal court to violating federal drug trafficking laws under a plea agreement with the U.S. Attorney’s Office.

Burns 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.

Burns was arrested in July 2016, on an indictment charging him with distributing crack cocaine on April 19, 2016, April 20, 2016, and April 29, 2016, in Bernalillo County.  The indictment included forfeiture provisions requiring Burns to forfeit approximately $4,000 to the United States.

During today’s hearing, Burns pled guilty to distributing crack cocaine and admitted that on April 29, 2016, he distributed 28 grams and more of crack cocaine.  At sentencing, Burns faces a statutory minimum penalty of five years and a maximum penalty of 40 years in prison.  A sentencing hearing has yet to be scheduled

To date, 17 of the 104 defendants charged as a result of the ATF investigation have entered guilty pleas.  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 and DEA and is being prosecuted by Assistant U.S. Attorney Kimberly A. Brawley.

ALBUQUERQUE – Raymond Castillo, 27, of Albuquerque, N.M., was sentenced yesterday in federal court to 18 years in prison for violating the Hobbs Act by participating in the armed robbery of a Walmart store in Albuquerque in Oct. 2014.  Castillo will be on supervised release for three years after completing his prison sentence.

Castillo was arrested on Dec. 12, 2014, on a criminal complaint charging him with conspiring to rob a business involved in interstate commerce at gunpoint in violation of the Hobbs Act.  The criminal complaint charged Castillo and a co-conspirator with the armed robbery of convenience store located at 1111 Lomas Blvd. NW in Albuquerque on Dec. 7, 2014.  The complaint further alleged that the co-conspirator, who was wearing a hooded sweatshirt and a bandana that covered his face, shot and injured the store clerk during the robbery, and that Castillo drove the co-conspirator away from the scene of the robbery. 

On Jan. 21, 2015, Castillo 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, Reyes Lujan, 27, Daniel Maestas, 36, Johnny Ramirez, 31, Frank Gallegos, 31, and Henry Lujan, 23, 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. 2, 2016, Castillo pled guilty to Count 2 of the third superseding indictment charging him with violating the Hobbs Act.  In entering the guilty plea, Castillo admitted that on Oct. 29, 2014, he and his co-defendants robbed a Walmart store by threatening the Walmart employees with a firearm.

Castillo’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.  The two remaining co-defendants are in custody pending their sentencing hearings.

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 – Martin Segoviano-Fierro, 35, a Mexican national, was sentenced today in federal court in Albuquerque, N.M., to 120 months in prison for his heroin trafficking conviction.  Segoviano-Fierro will be deported following his prison sentence.

Segoviano-Fierro was arrested in Sept. 2015, and charged by criminal complaint with possession of heroin with intent to distribute in Bernalillo County, N.M., on Sept. 9, 2015.  According to the complaint, law enforcement officers discovered approximately one kilogram of heroin in the trunk of the vehicle in which Segoviano-Fierro was a passenger during a routine traffic stop.

Segoviano-Fierro was subsequently indicted on Oct. 7, 2015, on the same charge.  On March 23, 2016, Segoviano-Fierro pled guilty to the indictment and admitted that on Sept. 9, 2015, he transported more than 100 grams of heroin into Albuquerque and was to be paid $5,000 for the delivery.

This case was investigated by Homeland Security Investigations and the New Mexico State Police.  Assistant U.S. Attorney David M. Walsh 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 – Dabert Wayne Comanche, 35, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 15 months in prison followed by five years of supervised release for violating the Sex Offender Registration and Notification Act (SORNA).  Comanche will be required to register as a sex offender after he completes his prison sentence.

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

Comanche was charged in a criminal complaint on Feb. 23, 2016, with violating SORNA by failing to update his sex offender registration.  On March 23, 2016, Comanche was indicted on that same charge.  According to the indictment, Comanche failed to update his registration between April 7, 2014 and Feb. 20, 2016, San Juan County, N.M.

According to the criminal complaint, Comanche was convicted of sexual abuse of a minor in Indian Country in April 2003 and was sentenced to a 78-month prison term.  On June 1, 2011, Comanche registered as a sex offender in Mescalero, and agreed to notify the jurisdiction to which he moved if he relocated outside of the jurisdiction.  On July 6, 2016, Comanche pled guilty to the indictment and admitted that he was convicted of aggravated sexual abuse of a child in April 2003, and was required to register as a sex offender as a result of that conviction.  Comanche further admitted that he last reported to the Mescalero Apache Nation on Jan. 7, 2014 and should have reported in April 2014, but failed to comply.

This case was investigated by the U.S. Marshals Service and the San Juan County Sheriff’s Office.  Assistant U.S. Attorney Nicholas Marshall prosecuted the case.

ALBUQUERQUE – Rupesh Bhakta, 38, of Farmington, N.M., pled guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge.  Under the terms of his plea agreement, Bhakta will be sentenced within the range of 24 to 60 months in prison.

Bhakta 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, Bhakta sold approximately 57 grams of methamphetamine to an undercover law enforcement agent on Feb. 16, 2016.

Bhakta and his co-defendant David Kingsbeck, 43, 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, 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.  Bhakta remains in custody pending a sentencing hearing which has yet to be scheduled.

Kingsbeck has entered a plea of not guilty.  He remains in custody pending trial which is currently scheduled for Jan. 2017.  Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

This case was investigated by the Albuquerque office of the DEA and the New Mexico State Police.  Assistant U.S. Attorney Rumaldo R. Armijo is prosecuting the case.

ALBUQUERQUE – Two Albuquerque residents pled guilty today to federal drug trafficking charges.  Jovas Brown, 30, pled guilty to a federal methamphetamine trafficking charge and Desiree Otero, 23, pled guilty to a federal heroin trafficking charge.

Brown and Otero 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.

Brown and his co-defendant Brent Williams, 34, were arrested on July 6, 2016, on an indictment charging both with conspiracy and distribution of methamphetamine on May 16, 2016, distribution of crack cocaine on May 26, 2016, and Williams individually with distribution of methamphetamine on May 23, 2016 and June 7, 2016.  During today’s change of plea hearing, Brown pled guilty to a felony information and admitted that on May 16, 2016, he distributed approximately 58.8 grams of methamphetamine. 

Otero and her co-defendant Guajira Maya Lovato, 43, were charged by indictment on Aug. 9, 2016, with conspiracy to distribute heroin from July 20, 2016 through Aug. 9, 2016 and distribution of heroin on July 20, 2016.  Today Otero pled guilty to possession of heroin with intent to distribute and admitted that on July 20, 2016, she distributed approximately 52 grams of heroin to an undercover law enforcement agent. 

At sentencing, Brown and Otero each face a maximum penalty of 20 years in federal prison.  They remain in custody pending sentencing hearings, which have yet to be scheduled.

To date, 16 of the 104 defendants charged as a result of the ATF investigation have entered guilty pleas.  The remaining defendants, including Brown’s and Otero’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 case were investigated by the Albuquerque offices of ATF and DEA.  The case against Brown and Williams is being prosecuted by Assistant U.S. Attorneys David M. Walsh and Norman Cairns, and the case against Otero and Lovato is being prosecuted by Assistant U.S. Attorney Presiliano Torrez 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 – Thomas Kelsa Neal, 36, of Truth or Consequences, N.M., was sentenced yesterday in federal court in Las Cruces, N.M., to 100 months in prison followed by four years of supervised release for his conviction on a methamphetamine trafficking charge.

Neal was charged in a criminal complaint on Aug. 7, 2015, with possession of methamphetamine with intent to distribute in Sierra County, N.M., on Aug. 6, 2015.  According to the complaint, law enforcement officers executed a search warrant at Neal’s residence where they seized approximately 438 grams of methamphetamine, large amounts of cash, drug paraphernalia, two rifles and ammunition.

On Oct. 27, 2015, Neal pled guilty to a felony information and admitted that on Aug. 6, 2015, he possessed approximately 438 grams of methamphetamine with intent to distribute to other people.

This case was investigated by the Las Cruces office of the DEA, the Sierra County Sheriff’s Office and the Truth or Consequences Police Department and is being prosecuted by Assistant U.S. Attorney Brock Taylor of the U.S. Attorney’s Las Cruces Branch Office.

ALBUQUERQUE – Tony Derrick Torrez, 33, of Albuquerque, N.M., was arraigned today in federal court on an indictment charging him with drug trafficking and firearms charges.   Torrez waived a detention hearing and will remain in custody pending trial on the indictment, which has yet to be scheduled.

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

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

The criminal complaint alleges that later on Oct. 21, 2015, APD executed a state search warrant at the aforementioned residence where they found shoe boxes containing U.S. currency, paraphernalia and other items consistent with the use of marijuana and a substance believed to be “wax,” a concentrated form of THC oil processed from the marijuana plant.  Thereafter, the DEA executed a federal search at the residence and seized items and paraphernalia allegedly used for distributing marijuana and manufacturing THC “wax” and oil.  DEA agents also seized the U.S. currency as well as documents and items allegedly confirming that Torrez resided at the residence.

On Oct. 22, 2015, DEA agents were present when state search warrants were executed on the Lexus and Toyota sedans.  The Lexus allegedly contained a bag containing U.S. currency and a small amount of marijuana.  The Toyota allegedly contained bags containing bulk marijuana and marijuana packaged for distribution, two revolvers, two assault rifles, ammunition, a bullet proof vest, a small amount of suspected cocaine, and drug paraphernalia.  According to the criminal complaint, the U.S. currency seized from the residence and the Toyota totaled approximately $64,000.00.

If convicted on the charges in the indictment, Torrez faces the following statutory maximum penalties:  five years in prison on the marijuana trafficking charge; 20 years in prison for maintaining drug-involved premises; one year in prison for possession of cocaine, testosterone and its esters; and ten years in federal prison for possession of firearms and ammunition by an illegal drug user.  Torrez also faces a mandatory minimum of five years in prison if convicted of possessing a firearm in relation to a drug trafficking crime, which must be served consecutive to any other sentence imposed on the other charges.

Charges in criminal complaints and indictments are merely accusations.  All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

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

ALBUQUERQUE – This morning a U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a criminal complaint charging Randal Gordon Paul, 47, of Albuquerque, with federal child pornography charges.  Paul was detained pending trial.

Paul was arrested on Dec. 2, 2016, on a criminal complaint alleging that he possessed and distributed visual depictions of minors engaged in sexually explicit activity from June 14, 2015 through Nov. 16, 2016, in Bernalillo County, N.M.  According to the criminal complaint, the investigation into Paul began in Nov. 2014, after an email address belonging to Paul, allegedly was used to register an account with a website known to show images of minors engaged in sexually explicit conduct.  Further investigation revealed that Paul was a registered sex offender with two prior convictions: in 1996 for lewd and lascivious acts with a child under 14 and in 1998 for aggravated sexual abuse.  On Nov. 16, 2016, law enforcement searched Paul’s residence and allegedly found a computer containing a video and at least 30 images of child pornography. 

If convicted of the possession charge in the criminal complaint, Paul faces a statutory penalty of a mandatory minimum of ten years and a maximum of 20 years in prison.  If convicted of the distribution charge in the criminal complaint, Paul faces a statutory penalty of a mandatory minimum of 15 years and a maximum of 40 years in prison.  Paul faces enhanced penalties because of his status as a prior sex offender.  Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by the Albuquerque office of the FBI and the New Mexico Regional Computer Forensic Laboratory.  Assistant U.S. Attorney Holland S. Kastrin 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/.

ALBUQUERQUE – Phillip Larry Gonzales, 28, of Albuquerque, N.M., pled guilty today in federal court to a heroin trafficking charge.  Under the terms of his plea agreement, Gonzales will be sentenced within the range of 36 to 48 months in prison followed by a term of supervised release to be determined by the court.

Gonzales 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.

Gonzales was arrested on Aug. 10, 2016, on an indictment charging him with distribution of heroin on July 27, 2016, in Bernalillo County, N.M.  The indictment included forfeiture provisions requiring Gonzales to forfeit $1,100 to the United States.

During today’s change of plea hearing, Gonzales pled guilty to the indictment.  In entering his guilty plea, Gonzales admitted that On July 27, 2016, he sold approximately 26.7 grams of heroin to an undercover law enforcement agent.  He remains in custody pending a sentencing hearing which has yet to be scheduled.

To date, 14 of the 104 defendants charged as a result of the ATF investigation have entered guilty pleas.  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 and DEA, and is being prosecuted by Assistant U.S. Attorney Rumaldo R. Armijo as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.  The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico.  Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities.  Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico. 

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

ALBUQUERQUE – Leslye Beltran-Paez, 34, a previously deported Mexican national, made her initial appearance this morning in federal court in Albuquerque, N.M., on heroin trafficking and illegal reentry charges arising out of a seizure of more than 28 pounds of heroin on Dec. 1, 2016.

Beltran-Paez was arrested on Dec. 1, 2016, after law enforcement agents in Cibola County, N.M., allegedly seized approximately 13 kilograms (28.66 pounds) of heroin from the moving truck in which Beltran-Paez was traveling.  According to the complaint, the heroin was allegedly contained in ten wrapped bundles inside a kitchen stove in the back of the moving truck.  Court documents also indicate that Beltran-Paez was previously deported from the United States on June 10, 2001 and has not received permission to reenter.

Beltran-Paez remains in federal custody pending preliminary and detention hearings, which are currently scheduled for Dec. 5, 2016.  If convicted of the charges in the criminal complaint, Beltran-Paez faces a statutory minimum penalty of ten years and a maximum of life in federal prison for the heroin trafficking charge and a maximum penalty of two years in federal prison for the illegal reentry of a removed alien charge.  Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.

This case was investigated by Homeland Security Investigations and the New Mexico State Police.  Assistant U.S. Attorney Samuel A. Hurtado 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.

ALBUQUERQUE – Kenny Martinez, 32, of Penasco, N.M., pled guilty today in federal court in Albuquerque, N.M., to a burglary of a post office charge under a plea agreement with the U.S. Attorney’s Office.

Martinez was charged by a three-count indictment on April 12, 2016, with burglary of a post office, taking letters and packages from the post office addressed to other individuals, and destroying mail and packages addressed to other individuals.  According to the indictment, Martinez committed the offenses on Nov. 13 and 14, 2012, in Taos County, N.M.

During today’s proceedings, Martinez pled guilty to a burglary of a post office charge.  In entering the guilty plea, Martinez admitted that on Nov. 13 and 14, 2012, he broke into the U.S. Post Office in Penasco, opened packages and letters, and damaged the security safe.  Martinez admitted breaking into the post office with the intention of finding money.  Martinez further admitted causing approximately $7,243.08 in damages to the post office when he broke into the post office.

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

This case was investigated by the U.S. Postal Inspection Service and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.

ALBUQUERQUE – Joshua Abeyta, 23, of Rio Rancho, N.M., was sentenced today in federal court in Albuquerque, N.M., to 37 months in prison followed by three years of supervised release for his conviction on a bank robbery charge.

Abeyta was arrested on Oct. 19, 2015, on a criminal complaint charging him with robbing the Santa Fe Federal Credit Union Bank located at 7101 Jefferson St. NE in Albuquerque, earlier in the day.  According to the complaint, Abeyta robbed the bank by handing a handwritten note with a robbery demand to a bank teller.  The bank teller complied with Abeyta’s written and verbal robbery demands by handing money to Abeyta.  Abeyta left the scene on foot and was pursued by customers of the bank before being arrested by an officer of the Albuquerque Police Department.  Abeyta was indicted on the same charge on Nov. 17, 2015.

On Aug. 19, 2016, Abeyta entered a guilty plea to the indictment, and admitted robbing the Santa Fe Federal Credit Union in Albuquerque on Oct. 19, 2015. 

This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department.  Assistant U.S. Attorney Kimberly A. Brawley prosecuted the case.

ALBUQUERQUE – Richard Valdez, 51, of Grants, N.M., was sentenced today in federal court in Albuquerque, N.M., to 24 months in prison followed by three years of supervised release for unlawfully possessing a destructive device.

Valdez was arrested on Jan. 7, 2016, on a criminal complaint charging him with being a felon in possession of an explosive on Dec. 13, 2015, in Cibola County, N.M.  According to the complaint, law enforcement officers found a M116A1 U.S. Military hand grenade simulator in Valdez’s vehicle during a traffic stop. 

Valdez was subsequently indicted on the same charge on Jan. 26, 2016.  According to court documents, Valdez was prohibited from possessing firearms, ammunition or explosive materials due to his prior felony convictions, which include convictions for attempted distribution of a controlled substance, receiving stolen property, burglary, breaking and entering, receiving and transferring a stolen vehicle, aggravated fleeing a law enforcement officer, and trafficking a controlled substance.

On Aug. 18, 2016, Valdez pled guilty to the indictment and admitted that on Dec. 13, 2015, law enforcement officers found a M116A1 U.S. Military grenade simulator in his vehicle.

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Cibola County Sheriff’s Office.  Assistant U.S. Attorney Jacob Wishard prosecuted the case.

ALBUQUERQUE – Clinton William Yetter, 51, of Gainesville, Fla., was sentenced today in Albuquerque, N.M, federal court to 48 months in prison followed by two years of supervised release for his conviction on false statements and aggravated identity theft charges.

Yetter was charged in a four-count indictment filed on May 29, 2013, with two counts of making false statements and two counts of identity fraud.  The indictment alleged that Yetter made the false statements on Oct. 4, 2011 and May 2, 2012, in Bernalillo County, N.M., when applying for U.S. passports.  It also alleged that Yetter used the name of another person in making the applications.

On May 2, 2016, Yetter pled guilty to the indictment without the benefit of a plea agreement. 

This case was investigated by the U.S. Department of State, Diplomatic Security Service and was prosecuted by Assistant U.S. Attorney Paul Mysliwiec.

ALBUQUERQUE – Johnathon Jacob Rios, 48, of El Paso, Texas, pled guilty today in federal court in Albuquerque, N.M., to a federal heroin trafficking charge.

Rios was arrested in June 2016, and was charged in a criminal complaint with a heroin trafficking offense after the DEA seized approximately 788.10 grams of heroin from him during an interdiction investigation at the Greyhound Bus Station in Albuquerque.  The heroin was contained in a bundle that was concealed under Rios’ clothes.

Rios was subsequently indicted on July 12, 2016, and charged with possession of heroin with intent to distribute on June 17, 2016, in Bernalillo County, N.M.

During today’s proceedings, Rios pled guilty to a felony information charging him with possession of heroin with intent to distribute.  In entering the guilty plea, Rios admitted transporting 788.1 grams of heroin from Phoenix, Ariz., to Albuquerque on a Greyhound bus by concealing the heroin under his clothes.

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

This case was investigated by the Albuquerque office of the DEA.  Assistant U.S. Attorney Presiliano Torrez 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.

ALBUQUERQUE – Salvador Ortega, 36, Las Cruces, N.M., was sentenced today in federal court to 24 months in federal prison followed by three years of supervised release for his methamphetamine trafficking conviction. 

Salvador Ortega and co-defendants Guillermo Ortega, 43, and Steven Roman, 28, both of Las Cruces, were charged with methamphetamine trafficking offenses in a four-count indictment filed on June 18, 2014.  The indictment charged Salvador Ortega and Guillermo Ortega with distributing methamphetamine on April 2, 2014; Guillermo Ortega and Roman with distributing methamphetamine on April 2, 2014; and Guillermo Ortega with distributing methamphetamine on April 2, 2014.  It also charged Guillermo Ortega with being a felon in possession of a firearm and ammunition on April 14, 2014.  The indictment alleged that the three men committed these crimes in Doña Ana County, N.M.

On Jan. 21, 2016, Salvador Ortega entered a guilty plea to Count 1 of the indictment without the benefit of a plea agreement. 

Roman pled guilty to Count 2 of the indictment on Sept. 23, 2015, and admitted that on April 2, 2014, he distributed 57 grams of methamphetamine to a person working with law enforcement.  Roman admitted that on that day, he was contacted by an individual who wanted to purchase methamphetamine, and he in turn contacted Guillermo Ortega and arranged the deal.  Roman was sentenced on May 9, 2016, to 77 months in prison followed by four years of supervised release.

Guillermo Ortega pled guilty on Sept. 3, 2015, and admitted that on April 2, 2014, he and his co-defendants distributed 95 grams of methamphetamine to a person working with law enforcement.  Guillermo further admitted that on April 14, 2014, he was prohibited from being in possession of firearms or ammunition because of his previous felony conviction of felony theft.  At sentencing Guillermo Ortega faces a 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.   

This case was investigated by the Las Cruces office of the FBI.  Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

ALBUQUERQUE – Daniel Albert Chavez, 53, of Acoma, N.M., was sentenced today in federal court in Albuquerque, N.M., to 33 months in prison for robbing a Wells Fargo Bank branch in Grants, N.M.  Chavez will be on supervised release for two years following his prison sentence.

Chavez was arrested on March 29, 2016, on an indictment charging him with robbing two banks in Cibola County, N.M.  According to the indictment, Chavez robbed the Bank of New Mexico branch located at 824 West Santa Fe Ave. in Grants on Feb. 20, 2015, and the Wells Fargo Bank branch located at 201 North First St. in Grants on Oct. 20, 2015.

 On Aug. 2, 2016, Chavez pled guilty to one bank robbery charge, and admitted robbing the Wells Fargo Bank located at 201 North First St. in Grants, on Oct. 20, 2015.

This case was investigated by the Gallup office of the FBI and the Grants Police Department.  Assistant U.S. Attorney Edward Han prosecuted the case.

ALBUQUERQUE – Eddie Leo Wyatt, 55, of Carlsbad, N.M., was sentenced today in federal court in Las Cruces, N.M., to 120 months in prison followed by five years of supervised release for his methamphetamine trafficking conviction.

Wyatt, whose criminal history includes four prior felony convictions for drug related offenses, was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

Wyatt was arrested on Oct. 22, 2014, on a criminal complaint charging him with distributing methamphetamine in Chaves County, N.M.  According to the complaint, Wyatt sold an aggregate of 213 grams of pure methamphetamine to undercover law enforcement agents during five transactions taking place between March 20, 2013 and June 13, 2013.

Wyatt was subsequently charged in a five-count indictment on Jan. 14, 2015, with distributing methamphetamine on March 26, 2013, April 2, 2013, April 9, 2013, April 23, 2013, and June 13, 2013.  According to the indictment, Wyatt committed the five crimes in Chaves County.

On Sept. 11, 2015, Wyatt pled guilty to one count of distribution of methamphetamine.  In entering the guilty plea, Wyatt admitted selling 58.9 grams of methamphetamine on April 9, 2013.

This case was investigated by the Las Cruces office of the FBI and the New Mexico State Police.  Assistant U.S. Attorney Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.

ALBUQUERQUE – Reynaldo Marquez, 26, of Albuquerque, N.M., was sentenced today in federal court to 120 months in prison followed by three years of supervised release for discharging a firearm during a crime of violence. 

Marquez was charged in a seven-count superseding indictment that was filed on May 28, 2015.  The superseding indictment added Marquez as a new defendant and two new counts to a five-count indictment previously filed on Jan. 21, 2015.  The original indictment charged six Albuquerque residents – Raymond Castillo, 27, Daniel Maestas, 36, Johnny Ramirez, 33, Frank Gallegos, 31, Reyes Lujan, 27, and Henry Lujan, 23, with conspiracy, commercial armed robbery and firearms offenses. 

The superseding indictment charged the original six defendants with conspiring to interfere with interstate commerce by robbing a Wal-Mart Store located in Bernalillo County, N.M., on Oct. 29, 2014.  It also charged Castillo with discharging a firearm during the robbery of the Wal-Mart store; Maestas with using and carrying a firearm during the robbery; and Ramirez, Gallegos, Reyes Lujan and Henry Lujan with aiding and abetting the use of firearms during the robbery.  The two new charges in the superseding indictment charged Marquez and Castillo with interfering with interstate commerce by robbing a 7-11 convenience store located in Bernalillo County, N.M., on Dec. 7, 2014, and Marquez with discharging a firearm during that robbery.

On Sept. 1, 2016, Marquez pled guilty to Count 7 of the superseding indictment charging him with discharging a firearm during a crime of violence.  In entering the guilty plea, Marquez admitted discharging a firearm during a robbery that occurred on Dec. 7, 2014.

Marquez’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, and Ramirez was sentenced on Oct. 6, 2016, to 71 months in prison followed by three years of supervised release.  The three remaining co-defendants are in custody pending their sentencing hearings.

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 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 for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. In recognition that New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community has come together to is collaborating the initiative is significantly exceed the national average. 

ALBUQUERQUE – Douglas Humilestewa, 52, 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.

Humilestewa was charged by indictment on Feb. 9, 2016, with violating SORNA by failing to update his sex offender registration on Nov. 15, 2015 or thereafter.  According to the indictment, Humilestewa was required to maintain an updated sex offender registration in Bernalillo County, N.M.

During today’s proceedings, Humilestewa pled guilty to the indictment.  At sentencing, Humilestewa 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.

This case was investigated by the U.S. Marshals Service and is being prosecuted by Assistant U.S. Attorney David M. Walsh.

ALBUQUERQUE – Angelo Burdex, 29, of Albuquerque, N.M., was sentenced today in federal court to 60 months in prison for violating federal firearms and drug trafficking laws.  Burdex will be on supervised release for ten years after completing his prison sentence.

Burdex and his co-defendant Desmirk Sharber, 25, also of Albuquerque, were charged in separate criminal complaints in Nov. 2015, with conspiracy and distribution of crack cocaine in Oct. and Nov. 2015, in Bernalillo County, N.M.  According to court documents, Burdex and Sharber distributed approximately 58 grams of crack cocaine to undercover law enforcement agents on Oct. 2, 2015.

Burdex and Sharber were subsequently indicted on Nov. 17, 2015, and charged with conspiracy to distribute crack cocaine from Oct. 2, 2015 through Nov. 2, 2015, and distribution of crack cocaine on Oct. 2, 2015 and Nov. 2, 2015.  Sharber was individually charged with carrying a firearm in relation to a drug trafficking crime on Nov. 2, 2015.  According to the indictment, the offenses took place in Bernalillo County. 

On Aug. 26, 2016, Burdex pled guilty to an information charging him with possession of crack cocaine with intent to distribute on Oct. 2, 2015.

On July 22, 2016, Sharber pled guilty to an information charging him with distribution of crack cocaine on Nov. 2, 2015.  At sentencing, Sharber 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 Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Norman Cairns is prosecuting the case.

ALBUQUERQUE – Deandre Lamont Brown, 29, a non-Native man who resides in Dulce, N.M., was sentenced today in federal court in Santa Fe, N.M., to 12 months in prison for assaulting his intimate partner.  Brown will be on supervised release for three years after completing his prison sentence.

Brown was arrested on April 17, 2015, on an indictment charging him with assaulting his intimate partner, an Indian woman, by strangling or suffocation.  According to the indictment, Brown committed the crime on Oct. 3, 2014, on the Jicarilla Apache Reservation in Rio Arriba County, N.M.

On Jan. 12, 2016, Brown pled guilty to the indictment and admitted assaulting the victim, a Native American woman who was his intimate partner, by strangling and suffocating her. 

This case was investigated by the Jicarilla Apache Tribal Police Department and was prosecuted by Assistant U.S. Attorney Novaline D. Wilson.

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

ALBUQUERQUE – Larry Lee Emerson, Jr., 36, an enrolled member of the Navajo Nation who resides in Toadlena, N.M., pled guilty today in federal court in Albuquerque, N.M., to assaulting a federal officer. 

Emerson was arrested in Aug. 2016, on a criminal complaint charging him with assaulting a Navajo Nation police officer with a Special Law Enforcement Commission card on July 6, 2016, in San Juan County, N.M.  According to the complaint, Emerson assaulted the officer while the officer was attempting to arrest him.

Emerson was indicted on Aug. 23, 2016, and charged with assaulting a federal officer who was engaged in the performance of his official duties.  During today’s proceedings, Emerson pled guilty to the indictment without the benefit of a plea agreement.

Emerson has been in custody since his arrest, and remains detained pending a sentencing hearing, which has not yet been scheduled.  At sentencing, Emerson faces a maximum penalty of 20 years in federal prison.

This case was investigated by the Farmington office of the FBI and the Navajo Nation Division of Public Safety.  Assistant U.S. Attorney Elaine Y. Ramirez is prosecuting the case.

ALBUQUERQUE – Jeffrey Burlingame, 59, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms and drug trafficking laws.

Burlingame was arrested in Feb. 2016, on a criminal complaint charging him with possession of methamphetamine with intent to distribute.  The complaint alleged that Burlingame committed the crime on Feb. 24, 2016, in Bernalillo County, N.M.  According to the complaint, on that day, law enforcement agents executed a search warrant at the Albuquerque residence of another person.  The agents seized methamphetamine, cash, firearms, ammunition and drug paraphernalia from Burlingame, who was present at the time the search warrant was executed.

Burlingame was indicted on March 23, 2016, and charged with possession of methamphetamine with intent to distribute and carrying a firearm in relation to a drug trafficking crime on Feb. 24, 2016, in Bernalillo County.

During today’s proceedings, Burlingame pled guilty to carrying a firearm in relation to a drug trafficking crime and possession of methamphetamine with intent to distribute.  In entering the guilty plea, Burlingame admitted that on Feb. 24, 2016, he was in possession of 450.55 grams of pure methamphetamine and a firearm and ammunition when law enforcement agents executed a search warrant at a residence in Albuquerque.

At sentencing, Burlingame faces a maximum penalty of 20 years in prison on the methamphetamine charge.  He also faces a mandatory minimum penalty of five years and a maximum of life in prison on the firearms charge which must run consecutive to the sentence imposed on the methamphetamine charge.  Burlingame remains in custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by Homeland Security Investigations and the Bernalillo County Sheriff’s Office.  Assistant U.S. Attorney Alexander M. Uballez is prosecuting the case.

ALBUQUERQUE – Willie Griffin, 44, of Albuquerque, N.M., pled guilty today in federal court to a methamphetamine trafficking charge.  Under the terms of his plea agreement, Griffin will be sentenced to five years in prison followed by a term of supervised release to be determined by the court.

Griffin and his co-defendant Gonzalo Revet, 48, also of Albuquerque, 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.

Griffin was arrested on an indictment charging him with distribution of methamphetamine on April 27, 2016 and May 2, 2016.  The indictment was subsequently superseded on July 28, 2016, charging Griffin and Revet with conspiracy to distribute methamphetamine between April 2016 and July 2016, and distributing methamphetamine on April 27, 2016 and May 2, 2016. 

During today’s change of plea hearing, Griffin entered a guilty plea to distributing methamphetamine, and admitted that on May 2, 2016, he distributed more than 50 grams of methamphetamine.  Griffin remains in custody pending a sentencing hearing, which has yet to be scheduled.

Revet has entered a plea of not guilty to the superseding indictment.  Revet is currently scheduled for trial in Dec. 2016. 

To date, 12 of the 104 defendants charged as a result of the ATF investigation have entered guilty pleas.  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 and DEA, and is being prosecuted by Assistant U.S. Attorney Norman Cairns.

ALBUQUERQUE – David A. Hickman, 28, of Albuquerque, N.M., has been charged with using an explosive device to damage or destroy a building – the Old Navy store in the Pavilions at San Mateo shopping center in Albuquerque – used in interstate commerce.  The charge against Hickman was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Chief Gorden E. Eden, Jr., of the Albuquerque Police Department (APD), and Chief David Downey of the Albuquerque Fire Department (AFD).

Hickman made his initial appearance in federal court this morning on a criminal complaint charging him with maliciously damaging or destroying, or attempting to damage or destroy, by means of fire or explosive, a building used in interstate commerce.  Hickman remains temporarily detained pending a preliminary hearing and a detention hearing, both of which have yet to be scheduled.

According to the criminal complaint, APD officers 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 charge in the criminal complaint, Hickman faces a statutory penalty of not less than five years and not more than 20 years in prison.  Charges in criminal complaints 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, the ATF office in Albuquerque, APD and AFD.  Assistant U.S. Attorney Fred J. Federici is prosecuting the case.

Hickman Complaint

ALBUQUERQUE – Daniel Pete Valdez, 44, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced today in federal court in Las Cruces, N.M., to 87 months in prison followed by five years of supervised release for his conviction on a sexual abuse charge.  Valdez will be required to register as a sex offender after completing his prison sentence.

Valdez was arrested on Aug. 25, 2015, on a criminal complaint charging him with sexually assaulting a woman on June 20, 2014, on the Mescalero Apache Indian Reservation in Otero County., N.M.  Valdez was subsequently indicted on Jan. 20, 2016, on a sexual abuse charge.

According to court documents, Valdez engaged in a sexual act with the victim while she was unconscious and physically incapable of declining participation in or communicating unwillingness to engage in the sexual act.  On June 20, 2016, Valdez pled guilty without the benefit of a plea agreement. 

This case was investigated by 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 – Michael Gibson, 28, of Lovington, N.M., was sentenced today in federal court in Las Cruces, N.M., to 90 months in prison for his conviction on a methamphetamine trafficking charge.  Gibson will be on supervised release for four years after completing his prison sentence.

Gibson was arrested on May 20, 2015, on a criminal complaint charging him with distribution of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime.  According to the complaint, on Sept. 10, 2014, Gibson distributed approximately 55.6 grams of methamphetamine to an undercover law enforcement agent.  The complaint further alleges that Gibson possessed a pistol during the drug trafficking transaction, which he placed in his lap during the transaction.

Gibson was indicted on Oct. 14, 2015, and charged with distribution of methamphetamine and carrying a firearm in furtherance of a drug trafficking crime on Sept. 10, 2014, in Lea County, N.M.  The indictment was subsequently superseded on April 21, 2016.  The superseding indictment includes forfeiture provisions requiring Gibson to forfeit $2,900 to the United States.

On July 18, 2016, Gibson pled guilty to Count 1 of the superseding indictment charging him with distribution of methamphetamine.  In entering the guilty plea, Gibson admitted that on Sept. 10, 2014, he sold approximately 49.54 grams of methamphetamine to an undercover law enforcement agent. 

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Lea County Drug Task Force.  Assistant U.S. Attorneys Selesia L. Winston and Renee L. Camacho prosecuted the case.

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

ALBUQUERQUE – Carlos Tafoya, Jr., 35, of Socorro, N.M., pled guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking charges.  Under the terms of his plea agreement, Tafoya will be sentenced within the range of 12 to 13 years in prison followed by a term of supervised release to be determined by the court. 

Tafoya 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.

Tafoya was arrested on Nov. 20, 2015, on an indictment charging him and seven other non-Natives with methamphetamine trafficking and money laundering offenses.  The indictment charged Tafoya with participation in a methamphetamine trafficking conspiracy and possession of methamphetamine with intent to distribute. 

The indictment against Tafoya was superseded on Sept. 21, 2016, and charged Tafoya with conspiracy to distribute methamphetamine from July 1, 2015 through Nov. 13, 2015; distribution of methamphetamine on Oct. 15, 2015; possession of methamphetamine with intent to distribute on Nov. 13, 2015; and possession of a firearm in relation to a drug trafficking crime on Nov. 13, 2015.  According to the superseding indictment, all offenses took place in Socorro County, N.M.  The superseding indictment also included forfeiture provisions requiring Tafoya to forfeit $24,500 to the United States.

During today’s proceedings, Tafoya pled guilty to distribution of methamphetamine and possession of methamphetamine.  In entering the guilty plea, Tafoya admitted that on Oct. 15, 2016, he sold 364.2 grams of methamphetamine to an undercover law enforcement agent and on Nov. 13, 2015, he possessed approximately 1.2 kilograms of methamphetamine which he intended to sell.  Tafoya further admitted that he was on supervised release for a prior conviction when he committed the methamphetamine trafficking offenses on Oct. 15, 2015 and Nov. 13, 2015.  Tafoya remains in custody pending a sentencing hearing which has yet to be scheduled. 

Sixteen of the 18 federal defendants have entered guilty pleas.  The two remaining federal defendants have entered not guilty pleas to the charges against them.  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 – Gary John Bedoni, 60, an enrolled member of the Navajo Nation who resides in Fruitland, N.M., was sentenced today in federal court in Albuquerque, N.M., to 144 months in prison for his voluntary manslaughter conviction.  Bedoni will be on supervised release for three years following his prison sentence. 

Bedoni was arrested on Feb. 10, 2016, on a criminal complaint charging him with assaulting a woman resulting in serious bodily injury on Jan. 31, 2016, on the Navajo Indian Reservation in San Juan County, N.M.  According to the criminal complaint, Bedoni caused the victim to suffer a fractured neck, spinal cord trauma, bruising to her chest and arms, and the victim was unable to move her arms or legs.

Bedoni was subsequently indicted on March 8, 2016, and charged with second degree murder of the victim in San Juan County.

On July 21, 2016, Bedoni entered a guilty plea to a felony information charging him with voluntary manslaughter.  In entering the guilty plea, Bedoni admitted that on the night of January 31, 2016, he pushed the victim down some steps causing her to sustain broken vertebrae and spinal cord trauma.  Bedoni acknowledged that the victim died from complications of those injuries on February 20, 2016.

This case was investigated by the Farmington office of the FBI and the Navajo Nation Division of Public Safety.  Assistant U.S. Attorneys David Adams and Nicholas Marshall 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 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 – Norman Yazzie, 56, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to using and discharging a firearm during a crime of violence.  Under the terms of his plea agreement, Yazzie will be sentenced to ten years in prison followed by a term of supervised release to be determined by the court.

Yazzie was arrested in May 2016, on a criminal complaint charging him with assault and firearms offenses on April 29, 2016, on the Navajo Indian Reservation in San Juan County, N.M.  According to the complaint, Yazzie shot the victim with a rifle in the forehead and the knee resulting in serious bodily injury.

Yazzie was subsequently indicted on May 24, 2016, and charged with assault with a dangerous weapon, a rifle, with intent to do bodily harm, assault resulting in serious bodily injury and using and discharging a firearm during a crime of violence.  According to the indictment, the offenses took place on April 29, 2016 in San Juan County.

During today’s proceedings, Yazzie pled guilty to discharging a firearm during a crime of violence.  In entering the guilty plea, Yazzie admitted that on April 29, 2016, he shot the victim in the head and knee with a rifle.  A sentencing hearing has yet to be scheduled.

This case was investigated by the Farmington office of the FBI and the Navajo Nation Division of Public Safety.  Assistant U.S. Attorney Novaline D. Wilson is prosecuting the case as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna.  The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native 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 – Anthony Nieto, 29, an enrolled member of Nambe Pueblo who resides in Zuni, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge.  Under the terms of his plea agreement, Nieto will be sentenced to 24 months in prison followed by a term of supervised release to be determined by the court.

Nieto was arrested on June 21, 2016, on an indictment charging him with assaulting his intimate partner and causing her to suffer serious bodily injury.  According to the indictment, Nieto committed the crime on Aug. 16, 2015, in Nambe Pueblo in Santa Fe County, N.M.

During today’s proceedings, Nieto pled guilty to the indictment and admitted assaulting the victim on Aug. 16, 2015, by striking and kicking her, and causing her to suffer serious bodily injury.  More specifically, Nieto admitted that the victim sustained bruising on her face, arms and lower extremities as a result of the assault. 

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

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

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

ALBUQUERQUE – Michael Ellis Treas-Baca, 31, 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, Treas-Baca will be sentenced to 78 months in prison followed by a term of supervised release to be determined by the court.  Treas-Baca will also be required to register as a sex offender when he completes his prison sentence.

Treas-Baca was arrested on April 7, 2016, on a criminal complaint charging him with sexually abusing a Mescalero Apache woman on Sept. 13, 2015, on the Mescalero Apache Indian Reservation in Otero County, N.M.

During today’s proceedings, Treas-Baca pled guilty to a felony information charging him with sexual abuse.  In entering the guilty plea, Treas-Baca admitted that on Sept. 13, 2016, he sexually abused the victim while the victim was unconscious and physically incapable of declining participating in the sexual act.  A sentencing hearing has yet to be scheduled.

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

ALBUQUERQUE – Paul Raymond Garcia, 19, 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 an involuntary manslaughter charge.

Garcia was arrested in Jan. 2016, on a criminal complaint charging him with involuntary manslaughter.  According to the complaint, Garcia killed a Mescalero Apache woman when he crashed his vehicle on March 23, 2015, on the Mescalero Apache Indian Reservation in Otero County, N.M.  At the time of the crash, Garcia was driving under the influence of alcohol.  Garcia was subsequently indicted on the same charge on June 22, 2016.

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

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

ALBUQUERQUE – Juan Larry Lujan, 63, a member and resident of Isleta Pueblo, N.M., pled guilty today in federal court in Santa Fe, N.M., to an abusive sexual contact charge.

Lujan was arrested in Feb. 2016, on an indictment charging with sexually abusing a child under the age of 12, on the Isleta Pueblo in Valencia County, N.M.

During today’s proceedings, Lujan pled guilty to a felony information charging him with abusive sexual contact.  In entering the guilty plea, Lujan admitted sexually abusing a child under the age of 12 sometime between Nov. 30, 2011 through Nov. 30, 2013. 

At sentencing, Lujan faces a maximum penalty of life in prison.  He will also be required to register as a sex offender.  A sentencing hearing has yet to be scheduled.

This case was investigated by the Albuquerque office of the FBI.   The case was prosecuted by Assistant U.S. Attorney Joseph Spindle 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 – U.S. Attorney Damon P. Martinez and Special Agent in Charge Monte A. Cason of the Department of Justice Office of the Inspector General, Dallas Field Office, announced that a former employee of a halfway house in Albuquerque, N.M., was sentenced this morning to 100 months in federal prison followed by five years of supervised release for sexually abusing six female inmates who were under his custodial authority.

Eric Trujillo, 36, of Albuquerque, N.M., was arrested in Nov. 2015, on a seven-count indictment charging him with aggravated sexual abuse and sexual abuse of persons in official detention.  The indictment charged Trujillo with sexually abusing four women who were living at a halfway house in Bernalillo County, N.M., that provided lodging and other services for federal inmates under a contract with the U.S. Bureau of Prisons.  According to the indictment, Trujillo committed the crimes between June 2012 and March 2014, while he was employed as a resident monitor by the halfway house. 

The indictment was superseded on March 23, 2016, to add two more sexual abuse charges.  The new charges alleged that between May 2012 and Sept. 7, 2012, Trujillo sexually assaulted two more women who were residing at the halfway house.

Trujillo pled guilty in federal court on May 23, 2016, to a six-count felony information charging him with sexually abusing persons in official detention.  In entering the guilty plea, Trujillo admitted that between May 2012 and March 2014, he engaged in sexual acts with six female inmates who were living at the halfway house pursuant to a contract with the U.S. Bureau of Prisons.  Trujillo acknowledged that at the time, he was employed as a resident monitor and guard by the halfway house and that the victims were in official detention and under his custodial, supervisory and disciplinary authority.

This case was investigated by the Dallas Field Office of the Department of Justice Office of the Inspector General with assistance from the Albuquerque Police Department, and was prosecuted by Assistant U.S. Attorneys Novaline D. Wilson and Sarah J. Mease.

ALBUQUERQUE – Tracey Beaver, 38, an enrolled member of the Navajo Nation who resides in Pinehill, N.M., pled guilty today in federal court in Albuquerque, N.M., to involuntary manslaughter charges. 

Beaver was arrested on Sept. 24, 2016, on a criminal complaint charging him with involuntary manslaughter.  According to the complaint, Beaver killed two victims when he crashed his vehicle on Sept. 9, 2016, on the Ramah Navajo Indian Reservation in Cibola County, N.M.  At the time of the crash, Beaver was driving under the influence of alcohol.

During today’s proceedings, Beaver pled guilty to a felony information charging him with two counts of involuntary manslaughter.  In entering the guilty plea, Beaver admitted killing the two victims by driving recklessly while under the influence of alcohol.  Beaver acknowledged that the alcohol rendered him incapable of exercising clear judgment and a steady hand in operating the vehicle. 

This case was investigated by the Gallup office of the FBI, the New Mexico State Police and the Ramah Navajo Police Department and was prosecuted by Assistant U.S. Attorney Nicholas Marshall.

ALBUQUERQUE – Virginia Ilene Faudoa, 39, of Las Cruces, N.M., pled guilty today in federal court to a methamphetamine trafficking charge.

Faudoa was arrested on July 7, 2016, on a criminal complaint charging her with possession of methamphetamine with intent to distribute and possession of a firearm in relation to a drug trafficking crime on Feb. 16, 2016, in Dona Ana County, N.M.  According to the complaint, on Feb. 16, 2016, the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force agents located a handgun with ammunition, approximately 12.4 grams of methamphetamine packaged for distribution and drug paraphernalia inside Faudoa’s hotel room. 

Faudoa was subsequently indicted on Oct. 19, 2016, and charged with possession of methamphetamine with intent to distribute on Feb. 16, 2016, in Dona Ana County.

During today’s proceedings, Faudoa pled guilty to a felony information charging her with possession of methamphetamine with intent to distribute and admitted that on Feb. 16, 2016, law enforcement agents searched her hotel room and located approximately 12 grams of methamphetamine after receiving information that she was selling methamphetamine out of the room. 

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

This case was investigated by the Las Cruces office of the 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.

ALBUQUERQUE – Felipe Lucero, 25, an enrolled member of the Isleta Pueblo who resides in Los Lunas, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge.

Lucero was arrested on May 12, 2016, on an indictment charging him with assault with a dangerous weapon, a vehicle, and assault resulting in serious bodily injury.  According to the indictment, Lucero committed the crimes on Dec. 27, 2015, on the Isleta Pueblo in Valencia County, N.M.

During today’s proceedings, Lucero pled guilty to assault with a dangerous weapon and admitted that on Dec. 27, 2015, he injured the victim by intentionally driving a motor vehicle into the victim.

At sentencing, Lucero faces a statutory 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 Southern Pueblos Agency of the BIA’s Office of Justice Services and the Pueblo of Isleta Tribal Police Department. Assistant U.S. Attorney Joseph Spindle is prosecuting the case.

ALBUQUERQUE – Albuquerque, N.M., pediatric surgeon Guy Rosenschein, 63, made his initial appearance today in federal court on a criminal complaint charging him with possession and distribution of child pornography.  Rosenschein remains in federal custody pending a preliminary hearing and a detention hearing, which are scheduled for Monday, Nov. 14, 2016.

The criminal complaint alleges that Rosenschein possessed and distributed child pornography on Nov. 8, 2016, in Bernalillo County, N.M.  According to the complaint, the investigation into Rosenschein was initiated in July 2016, when the Bernalillo County Sheriff’s Office (BCSO) identified a computer with an IP address, later determined to be subscribed to Rosenschein that allegedly was used to distribute child pornography.  The complaint alleges that, on Nov. 8, 2016, a search warrant was executed at Rosenschein’s residence, and BCSO officers and detectives found that Rosenschein possessed a thumb drive containing child pornography.  Rosenschein was arrested that day on related state charges.

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

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

ALBUQUERQUE – Gerald Herrera, 30, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms and narcotics laws.

Herrera was arrested on April 7, 2016, on an indictment charging him with being a felon in possession of a firearm and ammunition, possession of methamphetamine and heroin with intent to distribute and possession of a firearm in relation to a drug trafficking crime.  According to the indictment, Herrera committed the offenses on July 8, 2015, in Bernalillo County, N.M.  Herrera was prohibited from possessing firearms or ammunition because he previously had been convicted of receiving or transferring a stolen vehicle, tampering with evidence, possession of cocaine, homicide by vehicle and auto burglary.

During today’s proceedings, Herrera pled guilty to possession of heroin with intent to distribute and carrying a firearm in relation to a drug trafficking crime.  In entering the guilty plea, Herrera admitted that on July 8, 2015, Albuquerque Police Department (APD) officers found a firearm, ammunition and individually packaged bags of heroin and methamphetamine on him and in his vehicle when he was the subject of a traffic stop. 

At sentencing, Herrera faces a statutory maximum penalty of 20 years in prison on the heroin charge as well as a statutory mandatory penalty of at least five years for the firearms charge which must be served consecutively to any other sentence imposed.  Herrera remains in custody pending a sentencing hearing which has yet to be scheduled. 

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the APD.  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 – Sara Marie Martinez, 36, of Raton, N.M., was sentenced today in federal court in Albuquerque, N.M., to 66 months in prison for her conviction on heroin and methamphetamine trafficking charges.  Martinez will be on supervised release for six years after completing her prison sentence.  The sentence was announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division.

Martinez and her co-defendant Ernest Cordova, 45, of Albuquerque, were indicted on March 8, 2016.  The three-count indictment charged Cordova with participating in a drug trafficking conspiracy, and Cordova and Martinez with possessing heroin and methamphetamine with intent to distribute.  According to the indictment, Cordova and Martinez committed the three crimes in Bernalillo County, N.M. 

Cordova, who has six prior felony convictions, was arrested in Feb. 2016, on a criminal complaint charging him with trafficking in heroin and methamphetamine from Jan. 22, 2016 through Feb. 18, 2016.  According to the criminal complaint, DEA agents observed Cordova engage in several drug deals in the Albuquerque-area during this period.  During the execution of a search warrant at Cordova’s residence on Feb. 18, 2016, the DEA found 134 grams of heroin and 82 grams of methamphetamine. 

Martinez entered a guilty plea Aug. 9, 2016, to heroin and methamphetamine trafficking charges without the benefit of a plea agreement.

Cordova pled guilty to the indictment on March 14, 2016, without the benefit of a plea agreement.  Cordova was sentenced on Aug. 18, 2016, to 96 months in prison followed by four years of supervised release.

This case was investigated by the Albuquerque office of the DEA and was prosecuted by Assistant U.S. Attorney Alexander M. Uballez 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 for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. In recognition that New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community has come together to is collaborating the initiative is significantly exceed the national average. 

The case was also 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 – Rob Begay, 24, an enrolled member of the Navajo Nation who resides in Twin Lakes, N.M., was sentenced yesterday in federal court in Albuquerque, N.M., to 30 months in prison followed by three years of supervised release for his involuntary manslaughter conviction. 

Begay was arrested on Dec. 2, 2015, on a criminal complaint charging him with involuntary manslaughter.   Begay was indicted on Dec. 17, 2015, and was charged with killing a Navajo woman on Nov. 28, 2015, while driving under the influence of alcohol.  According to the indictment, Begay committed the crime on the Navajo Indian Reservation in McKinley County, N.M.

On July 26, 2016, Begay pled guilty to the indictment and admitted killing the victim by driving recklessly while under the influence of alcohol.  Begay admitted that because of his intoxication he was incapable of exercising clear judgment and a steady hand in operating a vehicle.

This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety, and was prosecuted by Assistant U.S. Attorney Jack Burkhead. 

ALBUQUERQUE – Peter Pagan, 23, of Albuquerque, N.M., was sentenced yesterday in federal court to 147 months in prison for violating the Hobbs Act by attempting to rob an Albuquerque-area fast food restaurant and discharging a firearm during the attempted robbery.  Pagan will be on supervised release for three years following his prison sentence.

Pagan was charged by criminal complaint in Oct. 2015, with discharging a firearm while attempting to rob the Blake’s Lotaburger located at 6215 San Antonio Dr. NE in Albuquerque on Jan. 27, 2015. According to the complaint, Pagan entered the restaurant, pointed a firearm at employees, and demanded money.  When the employees were unable to open the cash register, Pagan shot a round of ammunition into the ceiling before running out of the restaurant.  When a customer attempted to chase him down, Pagan fired nine rounds into the customer’s vehicle.

Pagan was indicted on Nov. 17, 2015, and was charged with violating the Hobbs Act and discharging a firearm during a crime of violence.  According to the indictment, Pagan committed the crimes on Jan. 27, 2015, in Bernalillo County, N.M.

On Aug. 8, 2016, Pagan pled guilty to the indictment.  In entering the guilty plea, Pagan admitted that on Jan. 27, 2015, he entered a Blake’s Lotaburger armed with a loaded handgun and demanded money.  Pagan further admitted firing a round into the ceiling of the restaurant when employees were unable to open the cash register.

State charges against Pagan were dismissed in favor of federal prosecution. 

This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office.  Assistant U.S. Attorneys Paul H. Spiers and Rumaldo R. Armijo prosecuted the case.

This case is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. In recognition that New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community has come together to is collaborating the initiative is significantly exceed the national average. 

ALBUQUERQUE – Joe Medina, 37, of Rio Rancho, N.M., pled guilty yesterday in federal court in Albuquerque, N.M., to enticing a child to travel in interstate commerce for the purpose of engaging in sexual activity.  Under the terms of his plea agreement, Medina will be sentenced to eight years in prison followed by 15 years of supervised release.

Medina was arrested in Indianapolis, Ind., on July 20, 2015, on a federal arrest warrant issued on a criminal complaint filed by the FBI in the U.S. District Court for the District of New Mexico.  The criminal complaint charged Medina with kidnapping and transporting a minor in interstate commerce for the purpose of engaging in sexual activity. 

According to the criminal complaint, on July 9, 2015, the victim’s mother filed a missing person’s report to the Rio Rancho Police Department (RRPD) asserting that the victim was missing.  According to the complaint, after the mother learned that Medina and the victim had been communicating with each other, the victim terminated communications with Medina.  The mother reported that on July 7, 2015, Medina called the victim and threatened to kidnap her and kill her mother if he was denied contact with the victim. 

The RRPD’s investigation revealed that Medina took the victim to Denver, Colo., where they boarded a bus.  On July 12, 2015, Medina was arrested on a New Mexico state warrant when Medina and the victim were found on a bus that had stopped in Indianapolis. 

During a July 13, 2015, interview with the FBI, the victim stated that on July 9, 2015, Medina arrived outside her home and the victim agreed to go with him out of fear.  The victim also told the FBI that Medina took her from Albuquerque to Denver where they abandoned Medina’s car and boarded a bus.  After departing Denver, Medina and the victim were eventually located in Indianapolis.

Medina was indicted on Aug. 11, 2015, and was charged with transporting a minor with intent to engage in criminal sexual activity between July 9, 2015 and July 12, 2015, and coercing and enticing a minor to produce visual depictions of sexually explicit conduct. 

During yesterday’s proceedings, Medina pled guilty to a felony information charging him with coercion or enticement.  In entering the guilty plea, Medina admitted that from July 9, 2015 through July 12, 2015, he enticed the 16-years-old victim to leave Sandoval County, N.M., with the intent to travel to New York, where Medina intended to engage in sexual activity.   Medina remains in custody pending a sentencing hearing which has yet to be scheduled. 

This case was investigated by the Albuquerque office of the FBI and the Rio Rancho Police Department, Corrales Police Department, the Denver Police Department and the New Mexico Regional Computer Forensic Laboratory, with assistance from the 13th Judicial District Attorney’s Office, the U.S. Marshals Service, the Indiana State Police and the FBI in Indianapolis.  Assistant U.S. Attorney Sarah Mease is prosecuting the case.

The case is brought 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 – Roman I. Trujillo, 29, a non-Indian man residing in Albuquerque, N.M., was sentenced today in federal court to 23 months in prison for burglarizing two homes in Isleta Pueblo, N.M.  Trujillo will be on supervised release for one year after completing his prison sentenced

Trujillo and his co-defendant, Danielle Bercier, 35, a non-Indian woman who also resides in Albuquerque, were arrested on Jan. 29, 2015, and charged in a criminal complaint with burglary offenses.  According to the complaint, on Jan. 29, 2015, officers of the Isleta Pueblo Tribal Police Department responded to calls regarding burglaries at two residences in the Pueblo.  At the second residence that was burglarized, officers came upon Trujillo who was fleeing from the residence in a vehicle in which Bercier was a passenger.  Trujillo led the officers on a chase which ended when Trujillo crashed his vehicle.

 Trujillo and Bercier were subsequently charged in a four-count indictment filed on Feb. 25, 2015.  The indictment charged both Trujillo and Bercier with two counts of burglary of a dwelling.  It also charged Trujillo alone with driving a vehicle in a manner that endangered the life of another person and receiving stolen property, the truck he was driving, on Jan. 28, 2014, in Indian Country in Valencia County, N.M.

On Nov. 18, 2015, Trujillo pled guilty to the two burglary counts and admitted that on Jan. 29, 2015, he forced his way into two homes in Isleta Pueblo while Bercier stayed outside as his lookout.  Trujillo admitted that in the first home he stole property worth $1,500.00, and at the second home he stole two cellphones.  Trujillo acknowledged that he knew or should have known that the truck he was driving as he attempted to evade arrest was a stolen vehicle. 

On March 29, 2016, Bercier pled guilty to one count of burglary and admitted that Trujillo forced himself into a home in Isleta Pueblo and removed $1,500 worth of property while Bercier remained outside as a lookout.  Bercier was sentenced on Aug. 17, 2016, to three years of probation.         

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

ALBUQUERQUE – Patrick Wadsworth, 47, an enrolled member of the Navajo Nation who resides in Sanostee, N.M., was sentenced today in federal court to 27 months in prison followed by three years of supervised release for his conviction on an assault charge.

Wadsworth was arrested on Jan. 22, 2016, on an indictment charging him with assaulting a woman resulting in serious bodily injury on Nov. 6, 2014, in San Juan County, N.M.

On June 27, 2016, Wadsworth pled guilty to the indictment and admitted that on Nov. 6, 2014, he assaulted the victim by striking her and causing bruising to her face, arms and knees.  Wadsworth further admitted that the crime took place as his residence on the Navajo Indian Reservation in San Juan County.

This case was investigated by the Farmington office of the FBI, the Farmington Police Department and the Shiprock Police Department.  Assistant U.S. Attorney Elaine Y. Ramirez 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 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 – Marlene C. Sandoval, 39, of Las Cruces, N.M., was sentenced today in federal court to 60 months in prison followed by three years of supervised release for her methamphetamine trafficking conviction. 

Sandoval and her co-defendant David S. Thompson, 29, were arrested in Nov. 2015, on a criminal complaint charging them with methamphetamine trafficking charges on Oct. 16, 2015, in Doña Ana County, N.M.  Sandoval and Thompson were arrested after law enforcement officers found crystal methamphetamine inside the vehicle Sandoval and Thompson were driving during a routine traffic stop.  Sandoval and Thompson were subsequently indicted on Feb. 17, 2016, and charged with conspiracy and possession of methamphetamine with intent to distribute.

On April 19, 2016, Sandoval and Thompson each entered a guilty plea to a conspiracy to possess methamphetamine with intent to distribute charge.  They admitted being pulled over for speeding on Oct. 16, 2015, by New Mexico Department of Transportation officers.  After obtaining consent from Sandoval and Thompson to search their vehicle, the officers found 499 grams of methamphetamine in a shoe in the vehicle.  Sandoval and Thompson also admitted that they intended to distribute the methamphetamine in Las Cruces.

Thompson was sentenced on Sept. 26, 2016, to 36 months in prison followed by three years of supervised release.

This case was investigated by the Las Cruces office of the DEA, the New Mexico Department of Transportation Police, the Las Cruces Police Department 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 prosecuted the case.

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

ALBUQUERQUE – Cody Martinez, 30, of Raton, N.M., pled guilty last week in federal court in Albuquerque, N.M., to assaulting a federal employee.  The guilty plea was announced by U.S. Attorney Damon P. Martinez, 8th Judicial District Attorney Donald Gallegos, and Inspector in Charge Keith Fixel of the Phoenix Division of the U.S. Postal Inspection Service.

Martinez was arrested on Jan. 29, 2016, on a federal criminal complaint for assaulting a U.S. Postal Service (USPS) letter carrier.  According to the criminal complaint, Martinez struck the victim in the back of the head with a brick while the victim was delivering mail in Colfax County, N.M., on Jan. 20, 2016.  Martinez was apprehended shortly thereafter while attempting to flee from law enforcement officers.  The victim sustained serious injuries as a result of the assault.

Martinez was indicted on Feb. 24, 2016, and was charged with assaulting a federal employee resulting in bodily injury.  On Nov. 4, 2016, Martinez pled guilty to the indictment and admitted that on Jan. 20, 2016, he assaulted a federal employee, a mail carrier, by striking him in the head with a dangerous weapon, a brick, causing bodily injury. 

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

Martinez was arrested on Jan. 20, 2016 on local charges filed by the 8th Judicial District Attorney’s Office.  Those charges were dismissed in favor of federal prosecution.

 This case was investigated by the U.S. Postal Inspection Service and the Raton Police Department, with assistance from the 8th Judicial District Attorney’s Office.  Assistant U.S. Attorney Presiliano Torrez is prosecuting the case.