District of New Mexico

ALBUQUERQUE – Daniel Jiron, 41, of Albuquerque, N.M., pled guilty today in federal court to heroin and methamphetamine trafficking charges.   Under the terms of his plea agreement, Jiron will be sentenced within the range of 72 to 96 months in prison followed by five years of supervised release.  The guilty plea was announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division.

Jiron and 14 co-defendants were charged in Dec. 2013, with drug trafficking and firearms charges as the result of an 18-month investigation by DEA and the HIDTA Region I Narcotics Task Force into a drug trafficking organization allegedly led by David Reynolds, 33, of Albuquerque, N.M., that distributed large quantities of heroin in Bernalillo and Santa Fe Counties, N.M.  The investigation was designated as part of the Organized Crime Drug Enforcement Task Forces (“OCDETF”) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.

Jiron was charged in a 15-count superseding indictment that also charged Reynolds and 13 others with conspiring to distribute heroin in Bernalillo and Santa Fe Counties from Sept. 2012 through Dec. 2013.  It also charged Gene Solis, 21, with distributing heroin on three occasions in fall 2012; Humberto Hernandez, Jr., 39, with distributing methamphetamine on seven occasions between Feb. and Aug. 2013; and Jose Martinez-Encinias, 43, with possession of heroin and cocaine with intent to distribute in June 2013, and possession of firearms in furtherance of a drug trafficking crime.  Reynolds also was charged with money laundering.  The superseding indictment included forfeiture provisions seeking a money judgment of at least $1.3 million and property and assets obtained directly or indirectly from the commission of the crimes alleged in the indictment.  A second superseding indictment that added additional charges subsequently was filed in June 2016.

In Aug. 2015, Jiron was charged in a separate case with a methamphetamine trafficking offense.  The indictment in this second case charged Jiron with possessing methamphetamine with intent to distribute in Bernalillo County on Sept. 3, 2013. 

During today’s proceedings, Jiron resolved the charges in both cases by entering a guilty plea to the heroin trafficking conspiracy in the first case and a felony information charging him with methamphetamine trafficking.  In entering the guilty plea, Jiron admitted that between Sept. 28, 2012 and Dec. 12, 2013, he received heroin on consignment from a co-conspirator and redistributed the heroin in Albuquerque.  Jiron also admitted possessing methamphetamine that was seized by law enforcement officials who executed a search warrant at his resident on Sept. 3, 2013.  Jiron remains in federal custody pending a sentencing hearing, which has yet to be scheduled.

Two of Jiron’s co-defendants previously entered guilty pleas.  Teddy Archuleta, 34, of Albuquerque, pled guilty to a felony information charging him with conspiracy to distribute heroin on Oct. 15, 2015.  At sentencing, Archuleta faces a statutory maximum penalty of a mandatory minimum of five years and a maximum of 40 years in prison.  Miguel Baca, 40, also of Albuquerque, pled guilty to a conspiracy charge on June 6, 2016.  Baca faces a statutory penalty of a mandatory minimum of ten years and a maximum of life in prison when he is sentenced.  Baca and Archuleta remain detained in federal custody pending sentencing hearings, which have yet to be scheduled.

The remaining 12 defendants have entered pleas of not guilty.  If convicted on the drug trafficking charges in the superseding indictment, each defendant faces a maximum penalty of a mandatory minimum ten years to a maximum of life in prison.  If convicted on the firearms charge, Martinez-Encinias also faces a mandatory five year prison sentence to be served consecutive to any prison sentence imposed on the drug trafficking charges.  Reynolds faces up to ten years in prison if convicted on the money laundering charge. Charges in indictments and criminal complaints are only accusations.  All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

This case was investigated by the Albuquerque office of the DEA and the HIDTA Region I Narcotics Task Force, with assistance from the Bernalillo County Sheriff’s Office and is being prosecuted by Assistant U.S. Attorneys Timothy S. Vasquez and Joel R. Meyers pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. 

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

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

The HIDTA Region I Narcotics Task Force is comprised of the Albuquerque Police Department, Albuquerque office of the DEA, Pojoaque Tribal Police Department, Rio Rancho Police Department, Sandoval County Sheriff’s Office and the Valencia County Sheriff’s Office.  The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988.  HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

ALBUQUERQUE – Dusty Chavez, 23, a member and resident of Zuni Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 248 months in prison followed by five years of supervised release for his conviction on a second-degree murder charge.  Chavez’s co-defendant, Douglas Burt, 20, also a member and resident of Zuni Pueblo, was sentenced to 17 years in prison followed by five years of supervised release on July 12, 2016.  

Chavez and Burt were arrested in Nov. 2014, on a criminal complaint charging them with murdering a man on Oct. 28, 2014, in the Zuni Indian Reservation in McKinley County, N.M.  Chavez and Burt were subsequently indicted on murder charges on Nov. 19, 2014.

Chavez pled guilty to a felony information charging him with second-degree murder on Jan. 12, 2016.  According to the plea agreement, Chavez and Burt instigated a fight with the victim during which Chavez threw the victim to the ground and then kicked and punched the victim.  Burt also kicked the victim; Chavez hit the victim in the head with a rock; and Burt stabbed the victim in the chest.  The autopsy report revealed that the victim died as a result of blunt force trauma to the head and stab wounds to the chest.  Burt pled guilty to a felony information charging him with second-degree murder on Jan. 7, 2016.

This case was investigated by the Gallup office of the FBI and the Zuni Pueblo Tribal Police Department.  Assistant U.S. Attorneys Elaine Y. Ramirez and Kyle T. Nayback prosecuted the case.

ALBUQUERQUE – Three members of a Grant County methamphetamine trafficking ring, including the ringleader, pled guilty late yesterday afternoon to methamphetamine trafficking charges.  The three were part of a group of 12 defendants who were indicted in April 2015, as the result of an investigation that began in March 2014, and targeted a drug trafficking organization led by Daniel Lee Jacquez, 34, of Silver City, N.M., that distributed methamphetamine in Grant County, N.M.  Three other defendants previously entered guilty pleas in this case.

The 12 defendants were charged in a 34-count indictment with participating in a drug trafficking conspiracy and committing a series of substantive drug trafficking offenses and a firearms offense.  The conspiracy count charged all 12 defendants with conspiring to distribute methamphetamine in Grant County from March 2014 through April 2015.  Eight counts charged certain defendants with distributing or possessing with intent to distribute methamphetamine, 24 counts charge certain defendants with using communications devices (telephones) to facilitate drug trafficking crimes, and one charged a defendant with being a felon in possession of a firearm. 

During yesterday’s proceedings, Jacquez pled guilty to a felony information charging him with participating in a methamphetamine trafficking conspiracy.  In entering the guilty plea, Jacquez admitted that from March 2014 through April 2015, he and his co-defendants distributed five to 15 kilograms of methamphetamine in Grant County.  Jacquez also admitted that law enforcement agents discovered numerous firearms and ammunition in his residence when they executed a search warrant on April 30, 2015. Under the terms of his plea agreement, the lead defendant, Jacquez will be sentenced to 108 months in prison followed by a term of supervised release to be determined by the court.

Gary Lee Romero, 31, of Santa Clara, N.M., also pled guilty yesterday to a felony information charging him with participating in a methamphetamine trafficking conspiracy, and admitted working with his co-defendants to distribute approximately 500 grams to 1.5 kilograms of methamphetamine in Silver City between March 2015 and April 2015.  At sentencing, Romero faces a statutory minimum of five years and a maximum of 40 years in prison.

Freddy J. Lucero, 47, of Silver City, also pled guilty yesterday to a felony information charging him with a methamphetamine trafficking conspiracy.  At sentencing, Lucero faces a maximum penalty of 20 years in federal prison. 

Three other defendants previously have entered guilty pleas in this case.  Bernice Holguin Miranda, 50, of Silver City, pled guilty on Sept. 16, 2015, and Lynette Medina, 42, of Silver City, pled guilty on Nov. 19, 2015, to conspiracy charges and to using communication devices to facilitate a drug trafficking crime.  At sentencing, Miranda and Medina each face a statutory minimum of five years and a maximum of 40 years in prison.  Judah Grande Mondello, 31, of Arenas Valley, N.M., pled guilty on May 25, 2016, to a conspiracy charge, two counts of distributing methamphetamine, and to using a communication device to facilitate a drug trafficking crime.  At sentencing, Mondello faces a statutory minimum of ten years and a maximum of life in federal prison. 

Sentencing hearings for the six defendants who have entered guilty plea have yet to be scheduled.

The remaining six defendants have entered not guilty pleas to the indictment and are pending trial.  Charges in indictments are only accusations.  All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.  

The case was investigated by the Las Cruces offices of the DEA, HSI and FBI with assistance from the U.S. Marshals Service and the New Mexico State Police.  Assistant U.S. Attorney Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office is prosecuting this case. 

The investigation leading to the filing of charges in this case was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.

ALBUQUERQUE – Dylan Henry Ritter, 36, of Gardendale, Texas, was sentenced today in federal court in Albuquerque, N.M., to 120 months in prison followed by three years of supervised release for violating the federal firearms laws.  The sentence was announced by U.S. Attorney Damon P. Martinez, U.S. Marshal Conrad E. Candelaria, and Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Ritter was arrested on Oct. 7, 2014, on a criminal complaint charging him with being a felon in possession of firearms and ammunition on Sept. 19, 2014, in Bernalillo County, N.M.  According to the complaint, Ritter was traveling through New Mexico after absconding from the jurisdiction of a Texas state court to avoid a sentencing hearing when he was arrested by the U.S. Marshals Service.  Deputy U.S. Marshals seized numerous firearms and rounds of ammunition when they searched Ritter’s hotel room and travel trailer following his arrest.

Ritter was indicted on Nov. 5, 2014, and charged with being a felon in possession of firearms and ammunition.  According to the indictment, Ritter was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses including first degree burglary, attempted robbery, attempted theft by receiving stolen property, aggravated assault, felon in possession of firearm, possession of a dangerous weapon, burglary and attempted theft of a rental vehicle.  Ritter pled guilty to the indictment on April 8, 2016, without the benefit of a plea agreement.

This case was investigated by the Albuquerque offices of the U.S. Marshals Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Presiliano Torrez prosecuted the case.

ALBUQUERQUE – Ten individuals are facing heroin trafficking charges as the result of a DEA-led investigation targeting a heroin trafficking ring operating out of Sunland Park, N.M.  The eight-month investigation concluded this morning after nine of the ten defendants had been arrested. U.S. Attorney Damon P. Martinez, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division, and Chief Jaime Reyes of the Sunland Park Police Department announced the results of the investigation.

The investigation targeted a heroin trafficking organization allegedly led by Raymundo Muñoz, 67, of Sunland Park, N.M., that allegedly obtained its heroin from Juan Francisco Rivera, 60, of El Paso, Tex.  The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.

In announcing the charges, U.S. Attorney Damon P. Martinez said, “At a time when communities throughout New Mexico are suffering the devastating impact of a heroin and opioid epidemic that is ravaging our nation, the law enforcement community has to prioritize targeting drug trafficking organizations that are feeding this epidemic.  As part of the New Mexico HOPE Initiative, DEA has answered the call and is working with law enforcement agencies throughout the state to dismantle these drug trafficking organizations.  The U.S. Attorney’s Office is doing its part by aggressively prosecuting these organizations.”

“Last year over 44,000 people died in the United States as a result of a drug overdose, many of those as a result of heroin and opioid abuse,” said DEA Special Agent in Charge Will R. Glaspy.  “The DEA and our law enforcement partners are committed to targeting those criminal organizations that are smuggling and distributing this poison and thus fueling this national epidemic.”

“The charges announced today are the result of great teamwork between the Sunland Police Department, DEA, the U.S. Attorney’s Office and several other agencies,” said Chief Jaime Reyes of the Sunland Park Police Department.  “I am proud of the work that the men and women of the Sunland Police Department do every day to make our community a safer place for families to live and thrive.” 

The ten alleged members of the heroin trafficking ring are charged in a 30-count indictment with participation in a heroin trafficking conspiracy and a series of substantive heroin trafficking offenses.  The conspiracy charge alleges that all ten defendants conspired to distribute heroin in Doña Ana County and elsewhere between May 8, 2016 and July 12, 2016.  It also includes 23 counts charging certain defendants with distributing heroin or possessing heroin with intent to distribute and six counts charging certain defendants with using communications devices (telephones) to facilitate heroin trafficking crimes.

According to the indictment, Rivera routinely supplied Muñoz with heroin, in quantities ranging from two to nine ounces, which was smuggled by couriers into the United States across the international border in El Paso.  The indictment alleges that Muñoz took the heroin to his Sunland Park residence where he distributed the drugs to others.  Members of the conspiracy allegedly used telephones to negotiate their heroin deals, arrange for heroin deliveries, and pay for the heroin.

Three of the defendants charged in the indictment, Muñoz, Rivera and Blanca Elisa Tovar, 41, of El Paso, were arrested on July 11, 2016, on a criminal complaint charging them with participating in a heroin trafficking conspiracy.  The complaint alleges that the DEA arrested the trio after Tovar crossed the international border into El Paso and was driven by Rivera to a meeting with Muñoz.  According to the criminal complaint, DEA seized 7.2 ounces of heroin from the vehicle in which Rivera and Tovar were traveling and a large amount of cash from Muñoz.  Thereafter the DEA executed a search warrant at Muñoz’s residence in Sunland Park and seized another five ounces of heroin, $45,000 in cash and a firearm.  Muñoz, Rivera and Tovar made their initial appearances on the criminal complaint in federal court in Las Cruces on July 13, 2016, and remain in federal custody pending preliminary hearings and detention hearings scheduled for July 18, 2016. 

This morning, six more of the defendants were arrested on the charges in the indictment during an early morning arrest operation.  The nine defendants who have been arrested will make their initial appearances on the indictment in federal court in Las Cruces on July 15, 2016.  One defendant has yet to be arrested and is considered a fugitive.     

During the course of the investigation, DEA agents and task force officers seized approximately a pound of heroin, more than $53,000 in cash and three firearms. These seizures include the heroin, cash and firearm seized on July 11, 2016.

The Las Cruces office of the DEA and Sunland Police Department investigated these cases with assistance from the El Paso office of the FBI, the U.S. Border Patrol, and the Gang Unit of the El Paso Police Department.  In addition, the U.S. Marshals Service and the Doña Ana County Sheriff’s Office participated in today’s law enforcement operation.  Assistant U.S. Attorneys Dustin C. Segovia and Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office are prosecuting these cases as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. 

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

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

Indictment in United States v. Muñoz, et al., 16-CR-3043-RB

Summary of the Charges

Count 1 of the Indictment charges all ten defendants with participating in a conspiracy to distribute heroin.  The defendants face the following statutory maximum penalties if convicted on this count:  Muñoz and Rivera each face imprisonment for not less than ten years or more than life and a $10,000,000.00 fine; Sanchez and Delgadillo each face imprisonment for not less than five years or more than 40 years and a $5,000,000.00 fine; and the remaining defendants each face imprisonment for up to 20 years and a fine of up to $1,000,000.00.

 Counts 2, 6, 17-18 and 22-23 charge certain defendants with using communications devices (telephones) to facilitate drug trafficking crimes.  The statutory maximum penalty for a conviction on each of these counts is imprisonment for not more than four years and a $250,000.00 fine.

Counts 3, 5, 8, 10, 12-13, 19, 21, 24 and 26-30 charge certain defendants with possessing 100 grams and more of heroin with intent to distribute.  The statutory maximum penalty for a conviction on each of these counts is imprisonment for a mandatory minimum five years and a maximum of 40 years and a $5,000,000.00 fine.

Counts 4, 7, 9, 11, 14-16, 20 and 25 charge certain defendants with distributing heroin or possessing heroin with intent to distribute.  The statutory maximum penalty for a conviction on each of these counts is imprisonment for not more than 20 years and a $1,000,000.00 fine.

Charges Against Defendants

Raymundo Muñoz, 47, of Sunland Park, N.M., is charged in Counts 1, 3-21 and 24-30 of the indictment.  Muñoz was arrested on July 11, 2016.

Juan Francisco Rivera, 60, of El Paso, Tex., is charged in Counts 1, 3, 5, 8, 10, 12-16, 19, 21 and 24-30 of the indictment.  Rivera was arrested on July 11, 2016.

Eleodoro Sanchez, 61, of Canutillo, Tex., is charged in Counts 1, 4, 9 and 11 of the indictment.  Sanchez was arrested today.

Salvador Delgadillo, 37, of El Paso, Tex., is charged in Count 1 of the indictment.  Delgadillo was arrested today.

Carlos Diaz, 36, of El Paso, Tex., is charged in Count 1 of the indictment.  Diaz was arrested today.

Morhiama Abigail Avila, 28, a U.S. citizen who resides in Juarez, Chihuahua, Mexico, is charged in Counts 1, 3, 5, 8, 10, 12 and 13 of the indictment.  Avila has yet to be arrested and is considered a fugitive.  A photograph of Avila is attached to this press release.  Individuals with information about Avila’s whereabouts are asked to contact the DEA at (915) 892-4613.

Sandra Francis Guzman, 52, of El Paso, Tex., is charged in Counts 1, 14-16, 19, 21 and 24-26 of the indictment. Guzman was arrested today.

Blanca Elisa Tovar, 41 of El Paso, Tex., is charged in Counts 1 and 27-30 of the indictment.  Tovar was arrested on July 11, 2016.

Alberto Lozano-Morales, 43, of Sunland Park, N.M., is charged in Counts 1, 2, 6, 7 and 18 of the indictment.  Lozano-Morales was arrested today.

Armando Daniel Marquez, 53, Sunland Park, N.M., is charged in Counts 1, 18-19 and 22-23 of the indictment.  Marquez was arrested today.

 Criminal Complaint United States v. Muñoz, et al., 16-MJ-2891-LAM

The criminal complaint charges Muñoz, Rivera and Tovar with participating in a heroin trafficking conspiracy on July 11, 2016.  If convicted, each defendant faces a statutory maximum penalty of imprisonment for a mandatory minimum five years and a maximum of 40 years and a $5,000,000 fine.

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

Munoz Complaint               Munoz Indictment

  

ALBUQUERQUE – Alejandra Gomez, 28, of Las Cruces, N.M., pled guilty late yesterday afternoon in federal court to a heroin trafficking charge.  Under the terms of her plea agreement, Gomez will be sentenced to 33 months in prison followed by a term of supervised release to be determined by the court.

Gomez was arrested in Sept. 2015, on a criminal complaint charging her with distributing heroin in Doña Ana County, N.M.  According to the criminal complaint, Gomez sold an aggregate of 241.6 grams of heroin to an undercover law enforcement agent on three occasions in July and Aug. 2015.  On Sept. 9, 2015, law enforcement officers executed a federal search warrant on Gomez’s residence where they seized two firearms.

Gomez subsequently was indicted on Dec. 9, 2015, and charged with conspiracy to distribute heroin from July 2, 2015 through Aug. 19, 2015 and distributing heroin on July 2, 2015, July 16, 2015, and Aug. 19, 2015.  According to the indictment, Gomez committed the crimes in Doña Ana County.

During yesterday’s proceedings, Gomez pled guilty to a felony information charging her with conspiracy to possess heroin with intent to distribute.  In entering the guilty plea, Gomez admitted that she distributed heroin to an undercover DEA agent on the following dates: on July 2, 2015, she distributed 12.9 grams of heroin; on July 16, 2015, she distributed 48.3 grams of heroin; and on Aug. 9, 2015 she distributed 68.5 grams of heroin.  Gomez 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.   Assistant U.S. Attorney Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. 

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

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

ALBUQUERQUE – Jude Schulte, 25, of Albuquerque, N.M., was sentenced today in federal court to seven years in prison followed by three years of supervised release for his methamphetamine trafficking conviction.  Schulte’s conviction was based on his June 24, 2014 guilty plea to a felony information charging him with possession of methamphetamine with intent to distribute.

Schulte and co-defendants Greg Cotinola, 49, and Erik Samuel Parra Arambula, 25, both of Albuquerque, were arrested in Nov. 2013, on methamphetamine trafficking charges.  Cotinola was also charged with violating the federal firearms laws. 

Schulte, Cotinola and Arambula subsequently were indicted on Dec. 4, 2013.  The indictment charged Cotinola with possession of methamphetamine with intent to distribute and being a felon in possession of a firearm.  Cotinola was prohibited from possessing firearms or ammunition because of his status as a convicted felon.  Records reveal that Cotinola’s numerous felony convictions included convictions for drug trafficking, attempted kidnapping, aggravated battery, aggravated assault, and false imprisonment.  The indictment also charged Arambula and Schulte with conspiracy and distribution of methamphetamine, and Arambula with possession of methamphetamine with intent to distribute.  The crimes charged in the indictment took place on Nov. 7, 2013, in Bernalillo County, N.M.

On April 18, 2014, Cotinola pled guilty to Count 1 of the indictment charging him with possession of methamphetamine with intent to distribute.  Cotinola was sentenced on Feb. 18, 2015, to 12 years in federal prison followed by five years of supervised release.

On April 23, 2015, Arambula pled guilty to a felony information charging him with conspiracy to distribute methamphetamine.  Arambula admitted traveling to Arizona on Nov. 7, 2013, to meet with a source of supply who provided him with two pounds of methamphetamine.  Arambula intended to deliver the methamphetamine to another individual for further distribution.  Under the terms of his plea agreement, Arambula will be sentenced to no more than 72 months in prison.  A sentencing hearing has yet to be scheduled.

This case was investigated by the Albuquerque offices of the DEA and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Joel R. Meyers is prosecuting the case.

ALBUQUERQUE – Diego Mauricio Curiel-Cervantes, 22, a Mexican national, entered a guilty plea today to a heroin trafficking charge in federal court in Albuquerque, N.M.

Curiel-Cervantes was arrested on April 8, 2016, after DEA agents found 1.30 gross kilograms (2.6 pounds) of heroin and 3.45 gross kilograms (7.59 pounds) of cocaine concealed in his luggage at the Greyhound Bus Station in Albuquerque.  Curiel-Cervantes subsequently was indicted and charged with possession of heroin and cocaine with intent to distribute.

During today’s change of plea hearing, Curiel-Cervantes entered a guilty plea to a felony information charging him with possession of heroin with intent to distribute.  In his plea agreement, Curiel-Cervantes admitted that he unlawfully possessed heroin in Bernalillo County, N.M., on April 8, 2016.  Law enforcement officers found the heroin, which was concealed in Curiel-Cervantes’ suitcase in a luggage compartment of a Greyhound Bus, during a consensual search.

Curiel-Cervantes has been in federal custody since his arrest and remains detained pending a sentencing hearing, which has yet to be scheduled.  At sentencing, he faces a statutory maximum sentence of 20 years in prison.  He will be deported after completing his prison sentence.

This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers 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 DEA, Bernalillo County, 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 – Vidal Sandoval, 46, of Cimarron, N.M., pleaded guilty this morning to a superseding indictment charging him with drug trafficking and theft of government property charges.  Sandoval was a Deputy of the Colfax County Sheriff’s Department at the time he committed the crimes.  The guilty plea was entered without the benefit of a plea agreement.

 In announcing the guilty plea, U.S. Attorney Damon P. Martinez said, “The people of New Mexico must be able to have trust in their law enforcement officials.  This case sends a powerful message to the people of Colfax County and all New Mexico residents that the FBI, New Mexico State Police and U.S. Attorney’s Office are vigilant about aggressively rooting out law enforcement corruption and giving New Mexicans confidence that those in uniform will serve them with honesty and integrity.”

“The vast majority of law enforcement officers perform their jobs with integrity and sometimes even heroically, as recent headlines have shown.  But when one of them turns bad and endangers the public safety he swore to protect, the FBI and our partners will make sure he is brought to justice,” said Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division.  “I would like to thank the FBI Special Agents and professional support staff who worked on this case, as well as the New Mexico State Police and Colfax County Sheriff's Office for their assistance.”

“This case reinforces to those that choose to break the law, that they will suffer the consequences,” said Chief Pete Kassetas of the New Mexico State Police.  “When an officer is the one committing crimes, it reflects negatively on all law enforcement officers and it is unacceptable.  The cooperation was outstanding and I cannot express my gratitude enough to all the agencies involved.  Together, we have made a difference in our state.” 

The FBI and the New Mexico State Police arrested Sandoval on March 13, 2015, on an indictment charging him with aiding and abetting an attempt to possess cocaine with intent to distribute in Colfax County, N.M., on Feb. 28, 2015.  The indictment included forfeiture provisions seeking a money judgment in the amount of $17,500, the proceeds Sandoval obtained through his unlawful conduct.  The indictment was superseded on April 14, 2015, to add two theft of government property offenses charging Sandoval with stealing money belonging to the FBI on Dec. 15, 2014, and Jan. 25, 2015.

During today’s change of plea hearing, the United States made the following proffer regarding the evidence it would have presented if the case had proceeded to trial:

Sandoval was employed as a deputy sheriff by the Colfax County Sheriff’s Department between Dec. 2014 and Feb. 2015, during which time he received training on how to properly handle evidence.  Sandoval knew that he was forbidden to keep money and other property he seized while executing his official duties.

While on duty on Dec. 15, 2014, Sandoval stole money from two motorists whom he believed to be drug traffickers transporting the proceeds from the sale of illegal drugs.  After Sandoval found $8,000 in cash in the motorists’ vehicle during a traffic stop, he called Leon Herrera and enlisted him to tell the motorists that he (Herrera) was a law enforcement officer.  At the conclusion of the traffic stop, Sandoval retained $7,500 for his personal use and did not turn it into the Colfax County Sheriff’s Department; he returned $500 to the motorists.  Sandoval later learned that the cash belonged to the FBI and that the two motorists whom he suspected of being drug traffickers were actually undercover officers.

On Feb. 28, 2015, Sandoval accepted $10,000 in cash to escort a load of illegal drugs through Colfax County into Colorado.  Sandoval traveled to Wagon Mound, N.M., in his patrol car and while wearing his uniform, where he met a motorist whom he believed to be a drug trafficker.  Sandoval accepted $5,000 from the motorist.  During their conversation, the motorist displayed a box containing cocaine and Sandoval understood that the motorist was going to Colorado with the intention of selling the cocaine.  After instructing the motorist to drive a few car lengths behind him, Sandoval drove through Colfax County and into Colorado, where he again met with the motorist and received another $5,000.  Sandoval retained the $10,000 for his personal use instead of turning it into the Colfax County Sheriff’s Department.  Sandoval later learned that the $10,000 belonged to the FBI and that the motorist whom he suspected of being a drug trafficker was actually an undercover officer.  Sandoval also learned that the box displayed by the undercover officer contained two kilograms of cocaine and three kilograms of “sham” cocaine

At sentencing, Sandoval faces a statutory mandatory minimum of five years and a maximum of 40 years in prison on the drug trafficking charge and a statutory maximum penalty of ten years in prison on each of the two theft of government property charges.  His sentencing hearing has not been scheduled.

Herrera, Sandoval’s cohort, was charged in a separate case with falsely impersonating a federal officer.  Herrera entered a guilty plea to that charge on Oct. 16, 2015 and was sentenced on Feb. 4, 2016 to a year of probation and was ordered to perform 250 hours of community service.

The two cases were investigated by the Santa Fe and Albuquerque offices of the FBI and the New Mexico State Police with assistance from the Colfax County Sheriff’s Department.  Assistant U.S. Attorney Sean J. Sullivan is the prosecutor for both cases.

ALBUQUERQUE – Douglas Burt, 20, a member and resident of Zuni Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 204 months in prison followed by three years of supervised release for his conviction on a second degree murder charge. 

Burt and his co-defendant Dusty Chavez, 23, also a member and resident of Zuni Pueblo, were arrested in Nov. 2014, on a criminal complaint charging them with murdering a man on Oct. 28, 2014, in the Zuni Indian Reservation in McKinley County, N.M.  Burt and Chavez were subsequently indicted on murder charges on Nov. 19, 2014.

On Jan. 7, 2016, Burt pled guilty to a felony information charging him with second degree murder.  According to the plea agreement, Burt and Chavez instigated a fight with the victim during which Chavez threw the victim to the ground and then kicked and punched the victim.  Burt also kicked the victim; Chavez hit the victim in the head with a rock; and Burt stabbed the victim in the chest.  The autopsy report revealed that the victim died as a result of blunt force trauma to the head and stab wounds to the chest.

On Jan. 12, 2016, Chavez pled guilty to a felony information charging him with second degree murder.  Under the terms of his plea agreement, Chavez will be sentenced within the range of 228 to 276 months in federal prison followed by a term of supervised release to be determined by the court.  Chavez is currently scheduled for sentencing on July 14, 2016.  

This case was investigated by the Gallup office of the FBI and the Zuni Pueblo Tribal Police Department.  Assistant U.S. Attorneys Elaine Y. Ramirez and Kyle T. Nayback are prosecuting the case.

ALBUQUERQUE – Juan Pena, 72, an enrolled member of the Pueblo of San Ildefonso who resides in Santa Fe, N.M., was sentenced today in federal court to 24 months in prison followed by five years of supervised release for his child sexual abuse conviction.  Pena will be required to register as a sex offender when he completes his prison sentence.

Pena was arrested on Aug. 19, 2015, on an indictment charging him with abusive sexual contact of a minor between the age of 12 and 16 years.  The indictment charged Pena with committing the crime on May 25, 2015, in the Pueblo of San Ildefonso in Santa Fe County, N.M.

On Feb. 5, 2016, Pena pled guilty to the indictment without the benefit of a plea agreement.  Pena admitted that on May 25, 2015, he engaged in sexual contact with the victim, a child between the age of 12 and 16 years, with intent to abuse, humiliate, harass and degrade the victim.

This case was investigated by the Santa Fe office of the FBI and the Northern Pueblos Agency of the BIA’s Office of Justice Services. 

The case was prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez 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 – Theodore George Torres, 27, 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 arson charge.  Under the terms of his plea agreement, Torres will be sentenced to 36 months in prison followed by not less than three years of supervised release.  Torres also will be required to pay restitution in the amount of $86,299.42 to the victim of his criminal conduct.

Torres was arrested on Dec. 15, 2015, on a federal criminal complaint charging with arson and was indicted on that same charge on April 21, 2016.  According to court filings, Torres set fire to a residence of a Mescalero Apache woman.  Torres committed the crime on Oct. 30, 2014, on the Mescalero Apache Indian Reservation in Otero County, N.M.  The complaint states that Torres was arrested on related tribal charges on Dec. 11, 2014, and remained in tribal custody until his arrest on the federal arson charge.

During today’s proceedings, Torres pled guilty to the indictment and admitted that on Oct. 30, 2014, he maliciously set fire to a dwelling located in Mescalero Apache Reservation.  Torres acknowledged that the fire caused $86,299.42 worth of damage. 

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

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

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

ALBUQUERQUE – Pamela Suniga, 52, of Veguita, N.M., and Barbara Hussey, 40, of Belen, N.M., made their initial appearances today in federal court in Albuquerque, N.M., on an indictment charging them with violating the federal narcotics laws.  Suniga and Hussey remain in custody pending arraignment and detention hearings, which are scheduled for July 13, 2016.

Suniga and Hussey were arrested yesterday based on an 11-count indictment charging the two women with conspiracy to distribute Hydrocodone, a prescription opioid painkiller, between May 2015 and Oct. 2015.  The indictment also charges Suniga with distributing Hydrocodone on five occasions between May 2012 and Dec. 2014, and Suniga and Hussey with unlawfully acquiring Hydrocodone by forging prescriptions in the name of a dentist and presenting the prescriptions at a pharmacy in Belen in Aug. 2015. 

The indictment charges Suniga alone with making a materially false statement in Oct. 2015, by forging the name of a dentist on a prescription for Hydrocodone and presenting the forged prescription at a pharmacy in Belen, and with aggravated identity theft.  Finally, Suniga is charged with embezzling $17,219.55 in health care benefits between Dec. 2014 and Oct. 2015.  The indictment also includes forfeiture provisions, which seek forfeiture of the monies Suniga allegedly embezzled.

According to the indictment, Suniga and Hussey committed the 11 offenses charged in the indictment in Valencia County, N.M.  At the time they allegedly committed the crimes charged in the indictment, Suniga and Hussey were employed by a dental practice in Valencia County.

If convicted on the conspiracy charge, Suniga and Hussey each face a statutory maximum penalty of 20 years in prison.  If convicted on the distribution of Hydrocodone charges, Suniga faces a statutory maximum penalty of 20 years in prison.  If convicted of acquiring Hydrocodone using forged prescriptions, Suniga and Hussey each face a statutory maximum penalty of four years in prison.  In addition, Suniga faces a statutory penalty of five years in prison on the false statements charge and ten years on the embezzlement charge.  Suniga also faces a statutory mandatory two-year prison sentence on the aggregated identify theft charge that must be served consecutive to any sentence imposed on the other charges.

Charges in 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 Board of Pharmacy.  Assistant U.S. Attorney Kristopher N. Houghton 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.

Suniga Hussey Indictment

ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a verdict late yesterday afternoon finding Samuel Silva, 40, guilty of unlawfully possessing a firearm and ammunition after a one-day trial.  The verdict was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Gorden E. Eden, Jr., of the Albuquerque Police Department (APD).

Silva was charged on Dec. 3, 2014, with being a felon in possession of a firearm and ammunition on July 1, 2014, in Bernalillo County, N.M.  According to the indictment, Silva was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses.  His prior felony convictions included auto burglary, unlawful taking of a vehicle, aggravated battery on a peace officer, attempted murder with a firearms enhancement, shooting at a motor vehicle, unlawful possession of a firearm, kidnapping with a firearms enhancement, and aggravated assault with a deadly weapon.

Silva was arrested on Dec. 18, 2014, after he was transferred to federal custody from state custody where he was detained on related state charges.  The state charges subsequently were dismissed in favor of federal prosecution. 

Silva’s trial on the felon in possession charge began yesterday morning and concluded late yesterday afternoon when the jury returned a guilty verdict.  The evidence at trial established that APD officers arrested Silva on an outstanding warrant on July 1, 2014.  After arresting Silva, the officers obtained a search warrant for the vehicle Silva was driving at the time of his arrest.  When the officers executed the search warrant, they found a semi-automatic pistol loaded with nine rounds of .40 caliber ammunition in the vehicle.

At sentencing, Silva faces an enhanced sentence of a statutory mandatory minimum of 15 years and a maximum of life in prison for unlawfully possessing a firearm and ammunition on July 1, 2014.  Silva faces this enhanced sentence because of his status as an armed career criminal.

The case was investigated by ATF in Albuquerque and APD with assistance from the 2nd Judicial District Attorney’s Office. 

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

ALBUQUERQUE – Janice Sarabia, 47, of Carlsbad, N.M., pled guilty this afternoon in federal court in Las Cruces, N.M., to violating the federal firearms laws by unlawfully possessing an unregistered firearm.

Sarabi was arrested in Feb. 2016, on a criminal complaint charging her with possession of an unregistered firearm on Feb. 27, 2014, in Eddy County, N.M.  According to the complaint, the Pecos Valley Drug Task Force (PVDTF) executed a state search warrant on Sarabia’s residence on Feb. 27, 2014, and seized a short-barrel shotgun.  A search of the National Firearms Registration and Transfer Record (NFRTR) determined that Sarabia did not have any weapons registered to her, and the shotgun also was unregistered with the NFRTR.

During today’s plea hearing, Sarabia pled guilty to a felony information charging her with possession of an unregistered firearm.  At sentencing, Sarabia faces a statutory maximum penalty of ten years in federal prison.  A sentencing hearing has yet to be scheduled.

This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Pecos Valley Drug Task Force.  Assistant U.S. Attorney Randy M. Castellano is prosecuting the case.

ALBUQUERQUE – Ernesto Gallegos, 31, of Albuquerque, N.M., was sentenced today in federal court for his conviction for robbing a retail pharmacy at gunpoint to obtain prescription opioid painkillers in May 2014.  Gallegos was sentenced to 70 months in federal prison followed by three years of supervised release.  The sentence was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Will R. Glaspy, Special Agent in Charge of DEA’s El Paso Division, and Chief Gorden E. Eden of the Albuquerque Police Department.

Gallegos was charged by felony information on March 16, 2016, with violating the Hobbs Act by robbing a business engaged in interstate commerce and robbery involving controlled substances.  The charges against Gallegos arose out of the armed robbery of the Walgreens Pharmacy located at 5001 Montgomery Blvd. in Albuquerque on May 6, 2014.

Gallegos pled guilty on March 16, 2016, to the felony information.  In his plea agreement, Gallegos admitted that late on the night of May 6, 2015, he entered the Walgreens Pharmacy on Montgomery Blvd. NE in Albuquerque, approached the pharmacy counter, gave a pharmacy employee a note demanding Oxycodone, and let the employee know that he was armed.  After the pharmacy employee gave Gallegos bottles containing Oxycodone, Gallegos attempted to flee from police, but drove through a red light and crashed his vehicle into a police vehicle. 

The plea agreement states that officers recovered 515 Oxycodone pills in 30-milligram and 15-milligram dosages and 26 pills of a generic brand of oxycodone in 15-milligram dosages from Gallegos and his vehicle.  They also seized the handgun Gallegos used during the robbery from Gallegos’ vehicle.

This case was investigated by the Tactical Diversion Squad of the DEA in Albuquerque and the Albuquerque Police Department with assistance from the 2nd Judicial District Attorney’s Office, and was prosecuted by Assistant U.S. Attorneys Shaheen P. Torgoley and Joel R. Meyers.

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

The Controlled Substance Registrant Protection Act was enacted in 1984, to combat the theft of prescription drugs from individuals and businesses registered with the DEA.  It created penalties for entering a pharmacy’s premises for the purpose of stealing controlled substances, and includes enhanced punishment for using a dangerous weapon.  The Safe Doses Act was enacted in Oct. 2012, to fight medical theft and protect patients from unknowingly using stolen and mishandled drugs.  It provides for enhanced sentences for those who rob pharmacies of controlled substances; individuals who steal medical products; and “fences” who knowingly obtain stolen medical products for resale in the supply chain.

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

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

ALBUQUERQUE – Randy Martinez, Jr., 21, of Albuquerque, N.M., pled guilty this morning in federal court to federal child pornography offenses.  Under the terms of his plea agreement, Martinez will be sentenced to 12 years in prison followed by a lifetime of supervised release.  Martinez will be required to register as a sex offender when he completes his prison sentence. 

Martinez was arrested on Dec. 7, 2015, on a five-count indictment charging him with advertisement, receipt and possession of visual depictions of minors engaged in sexually explicit conduct.  According to the indictment, Martinez advertised his willingness to receive, distribute and exchange child pornography from Aug. 9, 2015 through Aug. 17, 2015, and received child pornography from Aug. 9, 2015 to Aug. 17, 2015.  The indictment also charged Martinez with possessing child pornography from Nov. 5, 2014 through Aug. 17, 2015.  The indictment charged Martinez with committing the five offenses in Bernalillo County, N.M. 

According to court filings, the investigation into this case was initiated after the National Center for Missing and Exploited Children (NCMEC) received a cryptic Cybertip on Aug. 17, 2015, in which the sender reported himself for offenses involving the online sexual exploitation of children.  After the tip was forwarded to law enforcement authorities in New Mexico, the Bernalillo County Sheriff’s Office identified Martinez as the sender of the Cybertip.  Thereafter, law enforcement authorities executed a search warrant on Martinez’s phone and found nearly 3,000 files containing child pornography on the phone.  Further investigation revealed that Martinez also possessed two online cloud storage accounts containing over 5,000 child pornography videos and images.

The search of Martinez’s phone also revealed that he was an active participant in an online messaging application community devoted to trading child pornography.  Martinez used this messaging application to receive and share child pornography with other members of the messaging community.  The continuing investigation has led to the identification of approximately 70 unique users who allegedly engaged in trading images and videos depicting the sexual exploitation of children, both in the United States and abroad.

During today’s proceedings, Martinez pled guilty to four of the five counts of the indictment charging him with receipt and possession of child pornography.  In entering the guilty plea, Martinez admitted using a messaging application on his cellular phone to receive child pornography between Aug. 9, 2015 and Aug. 17, 2015.  Martinez also admitted possessing thousands of images and videos of child pornography between Nov. 2014 and Aug. 2015.

This case was investigated by the Bernalillo County Sheriff’s Office, Albuquerque office of the FBI and the New Mexico Office of the Attorney General with assistance from the New Mexico Regional Computer Forensics Laboratory, all of which are members of the New Mexico Internet Crimes Against Children (ICAC) Task Force. 

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

The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 82 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Office of the Attorney General.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Willie Lewis Griffin, 44, of Albuquerque, N.M., pled guilty this morning in federal court to violating the Sex Offender Registration and Notification Act (SORNA).  The guilty plea was announced by U.S. Attorney Damon P. Martinez and U.S. Marshal Conrad E. Candelaria.

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.

Griffin was arrested on April 28, 2016, on a criminal complaint charging him with violating SORNA by failing to update his sex offender registration.  On May 24, 2016, Griffin was indicted on that same charge.  According to the indictment, Griffin failed to update his registration between Jan. 23, 2016 and May 1, 2016, in Bernalillo County, N.M.

According to the criminal complaint, Griffin was convicted in Feb. 1993, of breaking and entering, three counts of criminal sexual conduct with a weapon, armed robbery and assault with a dangerous weapon, and was sentenced to not more than 20 years in federal prison.  On March 31, 2012, Griffin registered as a sex offender in the state of Michigan and agreed to notify the jurisdiction to which he moved if he relocated outside of the jurisdiction.  According to the complaint, the U.S. Marshals Service was notified that Griffin had been residing in Albuquerque since Feb. 2016, and was not registered as a sex offender in the jurisdiction. 

During today’s plea hearing, Griffin pled guilty to the indictment and admitted that from Jan. 23, 2016 through May 1, 2016, he failed to update his sex offender registration in Bernalillo County.  At sentencing, Griffin faces a statutory maximum penalty of ten years in federal prison.  Griffin will be required to register as a sex offender after completing his prison sentence.  A sentencing hearing has yet to be scheduled.

This case was investigated by the U.S. Marshals Service and is being prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.

ALBUQUERQUE – Clara Beth Joe, 27, an enrolled member of the Navajo Nation who resides in Gallup, N.M., was sentenced this morning in Santa Fe, N.M., to 24 months in federal prison followed by three years of supervised release for her  involuntary manslaughter conviction.

Joe was arrested on Aug. 27, 2014, on an indictment filed Aug. 12, 2014, charging her with involuntary manslaughter.  The indictment alleged that Joe committed the crime on Jan. 30, 2014, on the Navajo Indian Reservation in San Juan County, N.M.

On Aug. 20, 2015, Joe pled guilty to the indictment and admitted that on Jan. 31, 2014, law enforcement officers found her, heavily intoxicated and suffering from hypothermia, near a creek in Crystal, N.M., on the Navajo Indian Reservation. After inquiries were made about the whereabouts of Joe’s 13-month-old son, the officers found the child, who had drowned, closed to the area where Joe had been found.  Joe admitted that her intoxication an important contributing factor in her son’s death.

The Gallup office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety investigated the case, which was prosecuted by Assistant U.S. Attorney Paul H. Spiers.

ALBUQUERQUE – Crystal Devon Romero, 33, of Albuquerque, N.M., was sentenced today in federal court to 15 months in prison followed by three years of supervised release for her conviction on theft of mail charges. 

Romero and codefendant Michelle Josephine Candelaria, 25, also of Albuquerque, were arrested on Jan. 19, 2016, on a criminal complaint charging them with conspiracy and theft of mail.  The complaint alleged that the two women conspired with each other to steal mail in Jan. 2015, in Bernalillo County, N.M.  Romero and Candelaria pried open cluster mailboxes and stole mail from them.  A search of the truck Romero and Candelaria used to carry out their mail theft scheme uncovered stolen mail, including checks that had been altered and debit/credit cards.

On Feb. 29, 2016, Romero and Candelaria pled guilty to felony informations charging them with stealing mail from Jan. 12, 2016 through Jan. 15, 2016.  The guilty pleas were entered without the benefit of plea agreements. 

At sentencing, Candelaria faces a maximum of five years in federal prison.  Her 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 Nicholas Jon Ganjei.

ALBUQUERQUE – Francisco Roberto Esquibel, Jr., 34, of Albuquerque, N.M., was sentenced today in federal court to 80 months in prison followed by three years of supervised release for unlawfully possessing a firearm and ammunition. 

Esquibel was charged in a criminal complaint filed on June 11, 2015, with being a felon in possession of a firearm and ammunition.  The complaint alleged that Esquibel unlawfully possessed a stolen firearm at his residence in Albuquerque on June 10, 2015.  According to the complaint, the Albuquerque Police Department (APD) found the firearm while arresting Esquibel on an outstanding warrant. 

Esquibel was subsequently indicted on July 31, 2015.  According to the indictment, Esquibel was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony crimes, including conspiracy to commit armed robbery, aggravated battery with a deadly weapon, felon in possession of a firearm, receiving or transferring a stolen motor vehicle, and possession of controlled substance with intent to distribute.

On Feb. 11, 2016, Esquibel pled guilty to the indictment without the benefit of a plea agreement. 

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

ALBUQUERQUE – Jason Blackwood, 43, of Albuquerque, N.M., was arraigned in federal court this morning on an indictment charging him with armed bank robbery, brandishing a firearm during a crime of violence, and being a felon in possession of a firearm.  During this morning’s proceedings, Blackwood entered a not guilty plea to the indictment.  He remains in federal custody pending trial.

Blackwood was arrested on June 1, 2016, on a criminal complaint charging him with the armed bank robbery of the Bank of the West at 780 Juan Tabo Blvd. NE in Albuquerque on that day.  The complaint alleged that Blackwood entered the bank, pointed a handgun at a bank teller, and demanded money.  After the bank teller responded to Blackwood’s demand for money, Blackwood left the bank.   

Blackwood was charged by indictment on June 30, 2016, with armed bank robbery, brandishing a firearm during a crime of violence, and being a felon in possession of a firearm and ammunition.  The indictment alleged that Blackwood committed the three crimes on June 1, 2016, in Bernalillo County, N.M.  At the time, Blackwood was prohibited from possessing firearms or ammunition because he previously had been convicted of robbery and second degree commercial burglary.

If convicted, Blackwood faces a statutory maximum penalty of 25 years in prison on the armed bank robbery charge and a statutory maximum penalty of ten years in prison for being a felon in possession.  If convicted of brandishing a firearm during a crime of violence, Blackwood faces a mandatory minimum penalty of seven years in prison, which must be served consecutive to the sentence imposed on other charges.  Charges in criminal complaints and indictments are mere accusations.  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 Albuquerque Police Department.  Assistant U.S. Attorney Paul H. Spiers is prosecuting the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.  Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates under this initiative.

ALBUQUERQUE – Bruce Piaso, 34, an enrolled member of the Navajo Nation from To’hajiilee, N.M., was arraigned today in federal court in Albuquerque, N.M., on an indictment charging him with assaulting a federal officer.  Piaso entered a not guilty plea to the indictment and was ordered detained pending trial which has yet to be scheduled.

Piaso was arrested on June 3, 2016, on a criminal complaint charging him with assaulting a federal officer.  According to the complaint, Piaso allegedly attacked an officer of the Navajo Nation Division of Public Safety on May 28, 2016, on the Navajo Indian Reservation by punching and kicking the officer while attempting to avoid arrest.  Piaso allegedly jumped on the officer and attempted to take control of the officer’s weapon.  At the time of the alleged assault, the tribal officer was commissioned as a Special Law Enforcement Officer by the BIA’s Office of Justice Services.  Piaso was taken into tribal custody on May 28, 2016, and remained in tribal custody until his arrest on the federal charge.

Piaso was indicted on June 30, 2016, and charged with assault on a federal officer resulting in bodily injury, and assault on a federal officer with a dangerous weapon.  The indictment alleged that Piaso committed the crimes on May 28, 2016, in Cibola County, N.M.

If convicted of the crimes charged in the indictment, Piaso faces a maximum penalty of 20 years in federal prison.  Charges in 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 office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety.  Assistant U.S. Attorney Nicholas Marshall is prosecuting the case under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.  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 Cibola County, under this initiative.

ALBUQUERQUE – Dabert Wayne Comanche, 34, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to violating the Sex Offender Registration and Notification Act (SORNA).  The guilty plea was announced by U.S. Attorney Damon P. Martinez and U.S. Marshal Conrad E. Candelaria.

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.  Thereafter, Comanche failed to register as a sex offender with the Mescalero Apache Tribe.

During today’s hearing, 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.

At sentencing, Comanche faces a maximum statutory penalty of ten years in federal prison followed by not less than five years of supervised release.  Comanche will be required to register as a sex offender following his prison sentence.

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

ALBQUERQUE – Wayne Martin, 44, a member and resident of Cochiti Pueblo, N.M., was arraigned this morning in federal court in Albuquerque, N.M., on an indictment charging him with violating the Migratory Bird Treaty Act.  During today’s proceedings, Martin entered a not guilty plea to the indictment.

The indictment alleges that Martin offered to sell three hawks without previously obtaining permission from the Secretary of the Department of the Interior, in violation of the Migratory Bird Treaty Act. According to the indictment, Martin committed the crime on Feb. 29, 2012, in Sandoval County, N.M.  The Migratory Bird Treaty Act makes it unlawful to possess, offer for sale, or sell any migratory bird, or any part or product of a migratory bird.

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

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

ALBUQUEQUE – U.S. Attorney Damon P. Martinez will join Abbas Akhil, President of the Islamic Center of New Mexico, the Albuquerque Muslim Community, and representatives of other faiths tomorrow evening to celebrate the last four days of the holy month of Ramadan.  Ramadan is the ninth month of the Islamic calendar and is observed by Muslims worldwide as a month of fasting from dawn to dusk to commemorate the first revelation of the Quran to the Prophet Muhammad.  The breaking of the fast for the day will take place at the Islamic Center of New Mexico in Albuquerque, N.M., beginning at 8:30 p.m. on July 2, 2016.

U.S. Attorney Martinez joins the Muslim Community for this observation as part of the Department of Justice’s continuing efforts to address backlash against Muslim, Arab and Sikh Americans following the horrific terrorist attacks in recent months and to combat religious discrimination throughout the country. 

“All Americans should be free from violence and protected from hatred no matter who they are,” said U.S. Attorney Martinez.  “The Justice Department is committed to safeguarding the civil rights of every American – including Muslim, Arab and Sikh Americans, who are often the targets of threats on the basis of their appearance or religion.  There is no place for such intolerance here in New Mexico and throughout our country, and we are committed to working with our law enforcement partners and community leaders to defend the safety and the dignity of all our people.”

“The Albuquerque Muslim community once again welcomes U.S. Attorney Martinez to our Center to share the breaking of the fast with us.  This symbolic sharing signifies his commitment to defend the civil rights of all Americans,” said ICNM President Akhil.  “This is particularly important at a time when Muslims are targeted by those who misrepresent our faith and are determined to undermine the contributions of American Muslims to the fabric of our great country.  The U.S. Attorney’s participation in breaking the fast with us tomorrow reassures my community that we are equal partners in our shared Citizenship.”

“The FBI is committed to safeguarding the civil rights of all Americans, no matter their religion or background,” said Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division.  “We look forward to continuing our strong relationship with the Islamic Center of New Mexico as we work together to secure a safe, peaceful future for all Muslim-Americans.”

 The Department of Justice has a long-standing commitment to protecting Muslim, Arab and Sikh Americans from threats and violence directed at them because of their religion or ethnicity, and to prevent acts of discrimination against them in the workplace, schools or elsewhere.  Nationwide, the Department of Justice has prosecuted more than 60 defendants in such cases, with 58 convictions to date.  One of the convictions was obtained in United States v. Payne, a case filed in New Mexico by the U.S. Attorney’s Office and the Justice Department’s Civil Rights Division.  The defendant, a North Carolina man, pleaded guilty in that case in May 2016, to using force or threat of force to intentionally obstruct a Muslim woman in the free exercise of her religious beliefs.

ALBUQUERQUE – Henderson Shorty, 53, 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 an abusive sexual contact charge.  Under the terms of his plea agreement, Shorty will be sentenced within the range of 24 to 30 months in federal prison followed by not less than five years of supervised release.  Shorty also will be required to register as a sex offender after he completes his prison sentence.

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

During today’s proceedings, Shorty pled guilty to an abusive sexual contact charge in a felony information.  In entering the guilty plea, Shorty admitted that from Jan. 1, 2013 through March 31, 2013, he had sexual contact with a child under the age of 12.  Shorty admitted committing the crime on the Navajo Indian Reservation.  Shorty remains in custody pending a sentencing hearing which has yet to be scheduled. 

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

ALBUQUERQUE – Bradley Soza, 34, of Albuquerque, N.M., was sentenced yesterday afternoon in federal court to 66 months in prison followed by three years of supervised release for unlawfully possessing a firearm and ammunition.

Soza was arrested on Feb. 9, 2015, on an indictment charging him charging him with being a felon in possession of firearms and ammunition on June 29, 2014, in Bernalillo County, N.M.  Soza was prohibited from possessing firearms or ammunition because of his prior felony convictions for armed robbery, conspiracy to commit armed robbery, tampering with evidence, aggravated fleeing a law enforcement officer and being a felon in possession of a firearm or destructive device.

On March 22, 2016, Soza pled guilty to the indictment and admitted that on June 29, 2014, he was in possession of a pistol loaded with ammunition.  Soza further admitted that he was prohibited from being in possession of firearms or ammunition because of his status as a convicted felon.

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

ALBUQUEQUE – The U.S. Department of Justice has placed a priority on prosecuting bias crimes and incidents of discrimination against Muslims, Sikhs, and other persons of Arab descent, as well as persons perceived to be members of these groups.  It also is engaging in extensive outreach efforts to educate these communities about their rights.  U.S. Attorney Damon P. Martinez, President Abbas Akhil of the Islamic Center of New Mexico (ICNM), and Ahmad Assed, ICNM Legal Advisor and Member of the ICNM’s Shura Advisory Council, will be available to address the media at 8:00 p.m. on Saturday, July 2, 2016, at the Islamic Center of New Mexico in Albuquerque, N.M., as part of the Justice Department’s outreach efforts.

They will be joined by representatives of the FBI and the U.S. Attorney’s Office.  This media opportunity will take place shortly before the breaking of the fast for the day and marks the last few days before the end of the holy month of Ramadan.

WHO:                        

U.S. Attorney Damon P. Martinez

Abbas Akhil, President of the Islamic Center of New Mexico

Ahmad Assed, ICNM Legal Advisor & Member of Shura Advisory Council

WHAT:          

Media Opportunity before Ramadan Observation

WHEN:          

Saturday, July 2, 2016 at 8:00 p.m.

 WHERE:       

Islamic Center of New Mexico

1100 Yale Blvd. SE

Albuquerque, N.M.

OPEN PRESS

 NOTE:  All media must present government-issued photo I.D. (such as a driver’s license) as well as valid media credentials.  Media outlets who wish to participate in this media opportunity should notify the U.S. Attorney’s Office at USANM-PAO@usdoj.gov by 2:00 p.m. on Saturday, July 2, 2016.

ALBUQUERQUE – Michael Pawletzki, 34, of Lakewood, Colo., pled guilty today in federal court in Albuquerque, N.M., to violating the Sex Offender Registration and Notification Act (SORNA).  The guilty plea was announced by U.S. Attorney Damon P. Martinez and U.S. Marshal Conrad E. Candelaria.

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.

Pawletzki was charged by indictment on Nov. 17, 2015, with violating SORNA by failing to update his sex offender registration.  During today’s proceedings, Pawletzki pled guilty to a felony information charging him with failing to update his registration from Dec. 2014 through Nov. 2015, in Valencia County, N.M.

Pawletzki remains in custody pending his sentencing hearing, which has yet to be scheduled.  At sentencing, Pawletzki faces a maximum penalty of ten years in federal prison.  Pawletzki 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 Raquel Ruiz-Velez.

ALBUQUERQUE – David Charles Prins, 47, a member of the Mescalero Apache Nation, was sentenced in federal court in Las Cruces, N.M., to 39 months in prison followed by two years of supervised release for his assault conviction.

Prins was arrested on April 24, 2015, on a criminal complaint that charged him with assault by striking resulting in serious bodily injury.  According to the complaint, on Sept. 19, 2014, security guards at the Inn of the Mountain Gods Hotel responded to a disturbance in Prins’ hotel room, where they found Prins in bloody clothes and the victim unconscious on the floor covered in blood.  The victim suffered facial swelling and a lacerated ear, which required suturing.

Prins was subsequently charged by indictment on June 17, 2015, with assault resulting in serious bodily injury which occurred on Sept. 19, 2014, in Otero County, N.M.  On Oct. 13, 2015, Prins entered a guilty plea to the indictment 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.

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

ALBUQUERQUE – James Thomas Vance, 47, of Phoenix, Ariz., pled guilty this morning in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge.

Vance was arrested in Sept. 2015, and charged by criminal complaint with possession of methamphetamine with intent to distribute after Homeland Security Investigations (HSI) agents discovered 969.16 grams of methamphetamine in Vance’s vehicle during a routine traffic stop.

Vance was subsequently indicted on Oct. 7, 2015, and charged with possession of methamphetamine with intent to distribute on Sept. 18, 2015, in Bernalillo County, N.M.

During today’s proceedings, Vance pled guilty to the indictment.  In entering the guilty plea, Vance admitted that on Sept. 18, 2015, when he was stopped on Interstate 40 for a traffic violation, he consented to have the officers search his vehicle.  The officers subsequently located 10.77 grams of methamphetamine in the driver’s door and approximately 958.39 grams of methamphetamine in the vehicle’s trunk.  Vance further admitted that he was driving from Phoenix to Bernalillo, N.M., and planned deliver the methamphetamine to other individuals.

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

This case was investigated by the Albuquerque office of HSI and the Bernalillo County Sheriff’s Office and is being prosecuted by Assistant U.S. Attorney Jacob Wishard.

ALBUQUERQUE – Rodolfo Rene Ley, 25, of Phoenix, Ariz., pled guilty this morning in federal court in Albuquerque, N.M., to trafficking heroin in New Mexico.

Ley was arrested at the Amtrak Train Station in Albuquerque on May 13, 2016, after the DEA found approximately one kilogram of heroin in three clear plastic wrapped bundles under Ley’s clothing during an interdiction investigation.

Ley was subsequently indicted on May 25, 2016, and charged with possession of heroin with intent to distribute on May 13, 2016, in Bernalillo County, N.M.  During today’s proceedings, Ley pled guilty to the indictment.  In his plea agreement, Ley admitted that he voluntarily consented to have a DEA agent search him at the Amtrak Train Station in Albuquerque on May 13, 2016.  During the search, the agent discovered oblong bundles containing heroin in Ley’s jeans.

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

This case was investigated by the Albuquerque office of the DEA.  Assistant U.S. Attorney Eva Fontanez 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 – U.S. Attorney Damon P. Martinez and Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso announced the filing of health care fraud charges against two San Juan County residents.

Cory Werito, 32, of Farmington, N.M., and Rosita Toledo, 46, of Kirtland, N.M., are charged in a ten-count indictment that was filed on June 15, 2016.  Werito and Toledo were arrested on June 28, 2016, by Deputy U.S. Marshals and made their initial appearances on the indictment in federal court in Farmington yesterday afternoon.  Both remain in custody pending arraignment and detention hearings, which are scheduled for June 30, 2016, in federal court in Albuquerque, N.M.

The indictment includes nine health care fraud charges against Werito and Toledo and one aggravated currency structuring charge against Werito only.  The health care fraud charges stem from the defendants’ role in creating and operating a medical transportation company, CW Transport, a New Mexico company located in Farmington that provided non-emergency medical transportation to Arizona Medicaid recipients.  The indictment alleges that over the course of two years between 2011 and 2013, CW Transport collected more than $1.9 million in Medicaid reimbursements from an Arizona-based Medicaid agency by submitting more than 18,000 claims for reimbursement, the vast majority of which were wholly or substantially false and fraudulent. 

Count 10 of the indictment, the aggravated currency structuring charge, alleges that Werito conducted financial transactions involving the proceeds of the health care fraud in a manner that avoided the filing of Currency Transaction Reports (CTRs).  CTRs are reports which must be filed by financial institutions on transactions involving more than $10,000 during any business day and are used by law enforcement authorities to undercover a broad range of illegal activities including money laundering.  According to the indictment, from Aug. 2011 to July 2013, Werito conducted at least 200 cash withdrawals, each for several thousands of dollars but less than $10,000 and totaling at least $800,000, to avoid the filing of CTRs.

The indictment includes forfeiture provisions seeking an order requiring Werito and Toledo to forfeit to the United States at least $1,959,405, the proceeds allegedly derived from the health care fraud alleged in Counts 1 through 9 of the indictment.

If convicted, Werito and Toledo face up to ten years of imprisonment on each of the ten counts of the indictment.  Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.

The Albuquerque office of HSI investigated the case with assistance from the FBI, U.S. Marshals Service, San Juan County Sheriff’s Office, the Arizona Health Care Cost Containment System and New Mexico Office of the Attorney General.  Assistant U.S. Attorney Jeremy Peña is prosecuting the case.

Werito Toledo Indictment

ALBUQUERQUE – James Hill, 34, of Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., to 46 months in prison followed by three years of supervised release for his methamphetamine trafficking conviction.  Hill also was ordered to forfeit $5,100.00 to the United States.

Hill was arrested in Sept. 2015, on a criminal complaint charging him with possession of methamphetamine with intent to distribute from Sept. 3 through 10, 2015, in Chaves County, N.M.  According to the complaint, on Sept. 3, 2015 and Sept, 10, 2015, Hill sold a total of 191 grams of methamphetamine to undercover law enforcement agents during two separate transactions.

Hill was subsequently indicted on Dec. 17, 2015, and charged with distribution of methamphetamine on Sept. 3, 2015 and Sept. 10, 2015.  The indictment included forfeiture provisions requiring Hill to forfeit the proceeds of his criminal conduct to the United States.

On Feb. 19, 2016, Hill pled guilty to the indictment and admitted that he sold methamphetamine to an undercover law enforcement agent in the following quantities: approximately 83.9 grams on Sept. 3, 2015, and approximately 103.9 grams on Sept. 10, 2015.

This case was investigated by the Las Cruces office of the DEA and the New Mexico State Police.  Assistant U.S. Attorney Randy M. Castellano prosecuted the case.

ALBUQUERQUE – Travis Hayslip, 36, of Carlsbad, N.M., pled guilty today in federal court in Las Cruces, N.M., to violating the federal firearms laws under a plea agreement in which he admitted igniting the fire that destroyed the Quality Inn Hotel in Carlsbad on March 9, 2016.  Under the terms of his plea agreement, Hayslip will be sentenced to 30 months in federal prison followed by three years of supervised release.  Hayslip will also be required to pay $2.4 million in restitution to Choice Hotels for the damage he caused to the hotel.

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

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

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

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

ALBUQUERQUE – Bufred Denetclaw, 53, an enrolled member of the Navajo Nation who resides in Sheep Springs, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to 100 months in prison for his voluntary manslaughter conviction.  Denetclaw will be on supervised release for three years following his prison sentence.

Denetclaw was arrested on June 23, 2014, on a criminal complaint charging him with killing a Navajo man on the Navajo Indian Reservation in San Juan County, N.M., on June 21, 2014.  The crime occurred during an alcohol-infused argument between Denetclaw and the victim.  Denetclaw was subsequently indicted on June 24, 2015. 

On Jan. 28, 2016, Denetclaw pled guilty to a felony information charging him with voluntary manslaughter.  In entering his guilty plea, Denetclaw admitted that on June 21, 2014, while acting in the heat of passion, he killed the victim by stabbing him in the back three times. 

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

ALBUQUERQUE – Keyton Wayne Lieber, 37, of Las Cruces, N.M., pled guilty today in federal court to the unlawful possession of a destructive device.  The guilty plea was entered without the benefit of a plea agreement.

Lieber was arrested on Jan. 21, 2016, on a criminal complaint charging him with possessing a destructive device, an explosive grenade, on April 21, 2015, in Doña Ana County, N.M.  According to the complaint, New Mexico State Police (NMSP) officers found the grenade in Lieber’s residence while executing a search warrant.  Upon discovering the grenade, the NMSP Bomb Team and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) were contacted to safely dispose of the destructive device. 

During today’s proceedings, Lieber pled guilty to possessing a destructive device, which was not registered to him.  Court documents indicate that inquiry into the National Firearms Registration and Transfer Record (NFRTR) notified law enforcement that Lieber had no firearms or devices registered to him in the NFRTR.

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

This case was investigated by the Las Cruces office of the ATF and the NMSP.  Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

ALBUQUERQUE – Patrick Wadsworth, 46, an enrolled member of the Navajo Nation who resides in Sanostee, N.M., pled guilty today in federal court to an assault charge under a plea agreement with the U.S. Attorney’s Office.

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.

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

ALBUQUERQUE – Erik Bilal Khan, 36, of Las Cruces, N.M., was sentenced this afternoon in federal court to 20 years of imprisonment to be followed by a lifetime of supervised release for his conviction on federal child pornography charges.  The sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Texas, and Chief Jaime Montoya of the Las Cruces Police Department.

Khan also was ordered to pay $12,000 in restitution to the victims of his criminal conduct, and was ordered to forfeit 66 computers, computer-related media, cellular telephones, cameras, and other electronic media seized from his residence during the investigation of the case.  Khan will be required to register as a sex offender when he completes his prison sentence. 

Khan pled guilty in Nov. 2013, to a four-count superseding indictment charging him with distribution of child pornography, receipt of child pornography, possession of child pornography, and attempted production of child pornography.  The guilty plea was entered under a plea agreement that permitted Khan to appeal from a court’s order denying Khan’s motion to suppress evidence seized from his residence pursuant to a search warrant.  Before his sentencing hearing today, Khan entered a new guilty plea to the four-count superseding indictment under an amended plea agreement that required Khan to waive his right to appeal any aspect of the case, including the order denying his motion to suppress evidence.

Khan was employed as a volunteer basketball coach at a Las Cruces middle school when he was arrested on child pornography charges in May 2012, after law enforcement officers executed a state district court search warrant at Khan’s residence and seized computer and computer-related media from Khan’s bedroom that contained images and videos of child pornography.  In Nov. 2012, Khan was federally indicted and charged with distributing, receiving and possessing visual depictions of minors engaged in sexually explicit conduct.  A superseding indictment filed in July 2013, added an attempted production of child pornography charge.

In his amended plea agreement, Khan admitted that from May 2009 to May 2012, he knowingly distributed images and videos of child pornography images.  He also admitted knowingly receiving images and videos of child pornography from March 2008 to May 2012.  Khan further acknowledged that he knowingly possessed child pornography between July 2008 and May 2012.  Finally, Khan admitted that from Sept. 2009 to May 2010, he attempted to persuade a person he believed to be a minor male to produce child pornography for his (Khan’s) use.  Khan communicated with the person by email and sent him videos and images of child pornography to induce him to produce child pornography images of himself.  Khan committed these crimes in Dona Ana County, N.M.

The case against Kahn was investigated by HSI, the Las Cruces Police Department and the New Mexico Internet Crimes Against Children (ICAC) Task Force.  The case was prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office.

The case was 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 www.justice.gov/psc/.

The case also received support from the New Mexico ICAC Task Force, whose mission is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 82 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Office of the Attorney General.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE – Two Texas residents made their initial appearances this morning in federal court in Las Cruces, N.M., on narcotics trafficking charges arising out of a U.S. Border Patrol seizure of more than five pounds of heroin on June 22, 2016, announced U.S. Attorney Damon P. Martinez, Chief Patrol Agent Jeffrey D. Self of the U.S. Border Patrol El Paso Sector, and Special Agent in Charge Will R. Glaspy of El Paso Division of the DEA.

Elizabeth Ordonez-Ochoa, 36, and Olivia Ceniceros-Favela, 32, both of El Paso, Texas, were arrested on June 22, 2016, after U.S. Border Patrol Agents at the U.S. Border Patrol checkpoint on Interstate 25 north of Las Cruces allegedly seized approximately 5.05 pounds of heroin from the vehicle in which Ordonez-Ochoa was traveling.  According to the criminal complaint, part of the heroin allegedly was concealed in a pair of shoes worn by Ordonez-Ochoa.  The rest allegedly was concealed in a second pair of shoes that were under the driver’s seat.  Agents later arrested Ceniceros-Favela when she allegedly attempted to pick up Ordonez-Ochoa in the vicinity of a Walmart store in Las Cruces.

Both women remain in federal custody pending preliminary hearings and detention hearings, which have yet to be scheduled.  If convicted of the charges in the criminal complaint, the two women each face a statutory mandatory minimum of ten years and a maximum of life in federal prison.  Charges in criminal complaints are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt. 

This case was investigated by the Las Cruces Station of the U.S. Border Patrol and the El Paso office of the DEA.  Assistant U.S. Attorney Clara N. Cobos of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. 

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

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

ALBUQUERQUE – Mylan Skye Velarde, 30, a member of the Jicarilla Apache Nation who resides in Dulce, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to an assault charge, announced U.S. Attorney Damon P. Martinez and Chief Sylvester Stanley of the Jicarilla Apache Tribal Police Department.

Velarde was arrested in Dec. 2015, on an indictment charging him with assault with a dangerous weapon, a bat, with intent to do bodily harm.  According to the indictment, Velarde committed the crime on March 18, 2015, in Indian Country in Rio Arriba County, N.M.

During today’s proceedings, Velarde pled guilty to the indictment.  In entering the guilty plea, Velarde admitted that on March 18, 2015, he repeatedly struck the victim in the head and upper torso with a bat, causing the victim to suffer bodily injury.

 Velarde was remanded into custody after entering his guilty plea and will remain detained pending his sentencing hearing, which has not yet been scheduled.  At sentencing, Velarde faces a maximum penalty of ten years in federal prison followed by not less than three years of supervised release. 

This case was investigated by the Jicarilla Apache Tribal Police Department and is being prosecuted by Assistant U.S. Attorney Niki Tapia-Brito.

ALBUQUERQUE – Earlier this week a federal judge sitting in Santa Fe, N.M., sentenced three members of the Navajo Nation to lengthy federal prison terms for convictions arising out of the kidnapping and murder of a Navajo woman in Oct. 2013.  Scott Thompson, 28, of Farmington, N.M., was sentenced to 23 years; Justin Benally, 28, also of Farmington, was sentenced to 22 years; and Patrick Benally, 28, of Kirtland, N.M., was sentenced to 18 years.  Each defendant will serve a five-year term of supervised release after completing his prison sentence.

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

Thompson, Justin Benally and Patrick Benally, together with co-defendants LaSheena Jacquez, 27, and Mariah Benally, 22, both of Kirtland, were indicted in Jan. 2014, on criminal charges arising from the kidnapping and murder of a 28-year-old Navajo woman on Oct. 23, 2013.  The indictment charged all five defendants with first degree murder, kidnapping, and conspiracy to kidnap.  It also charged Justin Benally, Mariah Benally, Jacquez and Thompson with harboring Patrick Benally to prevent his arrest on charges arising out of an assault that was unrelated to the kidnapping and murder case.  The crimes charged in the indictment occurred on the Navajo Indian Reservation within San Juan County, N.M.  All five defendants previously had been arrested in Dec. 2013, on a criminal complaint filed after law enforcement authorities received information that the victim, who was missing in Nov. 2013, had been murdered.  The victim’s remains were recovered on Dec. 9, 2013.

All five defendants entered guilty pleas to second-degree murder charges.  Patrick Benally also pleaded guilty to an assault with a dangerous weapon charge in a separate case.  The assault conviction arose out of an Oct. 10, 2013, incident during which Patrick Benally shot a different Navajo woman in the face during an argument in the victim’s home in Fruitland, N.M.

The kidnapping and murder case was investigated by the Farmington office of the FBI, the Farmington Police Department and the San Juan County Sheriff’s Office.  The assault case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety.   Assistant U.S. Attorneys Niki Tapia-Brito and David Adams are prosecuting both cases.

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

ALBUQUERQUE – Jay Barton, 48, an enrolled member of the Navajo Nation who resides in Buffalo Springs, N.M., was sentenced today in federal court in Albuquerque, N.M., to 97 months in prison followed by three years of supervised release for his voluntary manslaughter conviction. 

Barton was arrested on Aug. 26, 2015, on a criminal complaint charging him with killing a Navajo man on the Navajo Indian Reservation in McKinley County, N.M., on Aug. 21, 2015.  The crime occurred during an argument between Barton and the victim while Barton and the victim were drinking alcoholic beverages.  Barton was subsequently indicted on a voluntary manslaughter charge on Sept. 22, 2015.

On Jan. 28, 2016, Barton pled guilty to the indictment charging him with voluntary manslaughter.  In entering the guilty plea, Barton admitted killing the victim by stabbing him in the chest, abdomen and back during an argument that became physical.  According to the plea agreement, both Barton and the victim were intoxicated when Barton committed the crime.

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

ALBUQUERQUE – Samuel Antonio Flores-Murillo, 38, a Mexican national, pled guilty yesterday afternoon in federal court in Las Cruces, N.M., to assaulting a federal officer.  The guilty plea was announced by U.S. Attorney Damon P. Martinez, Chief Patrol Agent Jeffrey D. Self of the U.S. Border Patrol El Paso Sector, and Special Agent in Charge Terry Wade of the Albuquerque Division of the FBI.

Flores-Murillo was arrested on April 9, 2016, and charged by criminal complaint with assaulting a federal agent of the U.S. Border Patrol on April 9, 2016, in Doña Ana County, N.M.  The complaint indicates that Flores-Murillo struck the agent in the forehead and bit the agent on the right forearm while the agent was attempting to apprehend Flores-Murillo. 

During yesterday’s proceedings, Flores-Murillo pled guilty to a felony information charging him with assaulting a federal officer and inflicting bodily injury.  In entering the guilty plea, Flores-Murillo admitted that on April 9, 2016, he struck a U.S. Border Patrol agent in the forehead causing the agent to bleed, and bit the agent on his right forearm which punctured the agent’s skin.  Flores-Murillo further admitted that he resisted and assaulted the agent while he was attempting to flee from Border Patrol. 

At sentencing, Flores-Murillo faces a maximum penalty of 20 years in federal prison.  Flores-Murillo will be deported after completing his prison sentence.  He remains in federal custody pending a sentencing hearing which has yet to be scheduled.

This case was investigated by the U.S. Border Patrol and the Las Cruces office of the FBI.  Assistant U.S. Attorney Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.

ALBUQUERQUE – James E. Coleman, Jr., the former president and owner of Sneakerz, Inc., a corporation that operated “Sneakerz Sports Bar” in Albuquerque, N.M., pleaded guilty this morning in federal court to a tax evasion charge, announced U.S. Attorney Damon P. Martinez and Ismael Nevarez Jr., Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation. 

Coleman, 58, was charged in Nov. 2014, in a four-count indictment alleging tax evasion and subscribing false tax returns charges.  Counts 1 and 2 charged Coleman with evading $166,320.00 in federal corporate taxes in calendar years 2008 and 2009 by filing false tax returns that underrepresented his corporation’s taxable income.  Count 1 charged Coleman with evading $90,661.00 in federal taxes by falsely claiming that his corporation had $621,064.00 in taxable income in calendar year 2008 despite knowing that the corporation had $886,128 in taxable income for that year.  Count 2 charged him with evading $75,659.00 in federal taxes by falsely claiming that his corporation had $731,581.00 in taxable income in calendar year 2009 despite knowing that the corporation had $932,235.00 in taxable income for that year.  Counts 3 and 4 charged Coleman with filing individual tax returns for calendar years 2008 and 2009 that falsely reported that Coleman received no dividend income and no business income during those two calendar years.

During today’s proceedings, Coleman pled guilty to Count 1 of the indictment and admitted evading a total of $1,045,939.00 in federal corporate and personal taxes between calendar years 2002 and 2009.  In his plea agreement, Coleman acknowledged underrepresenting Sneakerz’s gross receipts to the IRS with the intention of evading his corporate tax liability.  He also admitted falsely underrepresenting the income he derived from Sneakerz on his personal tax returns.  

At sentencing, Coleman faces a maximum statutory penalty of five years in federal prison.  Coleman also will be subject to an order requiring that he pay restitution in an amount to be determined by the court.

This case was investigated by the Albuquerque office of IRS Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Jeremy Peña.

ALBUQUERQUE – Johnny Sanchez, 39, of Los Lunas, N.M., pled guilty today in federal court in Albuquerque, N.M., to being a felon in possession of a firearm.  Under the terms of his plea agreement, Sanchez will be sentenced to 72 months in federal prison followed by a term of supervised release to be determined by the court.

Sanchez was arrested on Sept. 9, 2014, on a federal indictment charging him with being a felon in possession of a firearm and possession of a stolen firearm.  The indictment alleged that the crimes took place on May 29, 2013, in Valencia County, N.M.

During today’s proceedings, Sanchez pled guilty to the felon in possession of a firearm charge.  In entering the guilty plea, Sanchez admitted that he was prohibited from possessing firearms on May 29, 2013, because of his previous felony convictions for aggravated battery with a deadly weapon and being a felon in possession of a firearm.  Sanchez 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 Los Lunas Police Department with assistance from the 13th Judicial District Attorney’s Office.  Assistant U.S. Attorney Rumaldo R. Armijo is prosecuting the case. 

ALBUQUERQUE – Kyla Norby, 27, of Hobbs, N.M., pled guilty in federal court in Las Cruces, N.M., this afternoon to a production of child pornography charge.  Under the terms of her plea agreement, Norby will be sentenced to 15 years in federal prison followed by 15 years of supervised release.  Norby also will be required to register as a sex offender when she completes her prison sentence.  The guilty plea was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, and Lea County Sheriff Steve Ackerman.

Norby was arrested on Jan. 8, 2016, on a criminal complaint alleging that Norby produced and distributed child pornography between May 1, 2015 and Dec. 30, 2015, in Lea County, N.M.  According to the criminal complaint, the investigation into Norby was initiated after Homeland Security Investigations (HSI) agents from Laredo, Tex., arrested a man in Odessa, Tex., who revealed that Norby made a two-year old child sexually available to him.  A search of the man’s smartphone revealed photos of Norby, including images consistent with child pornography, that Norby sent to the man from her smartphone.

During today’s proceedings, Norby pled guilty to a felony information charging her with production of child pornography.  In her plea agreement, Norby admitted that on Oct. 25, 2015, she used a smartphone to take a sexually explicit photograph of a toddler with the intention of sharing the photograph with an individual in Texas.

This case was investigated by the Las Cruces office of HSI and the Lea Country Sheriff’s Office, both members of the New Mexico Internet Crimes Against Children (ICAC) Task Force, with assistance from HSI in Laredo, Texas.  The case is being prosecuted by Assistant U.S. Attorney Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office.

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

The case was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico.  There are 82 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the Office of the New Mexico Attorney General.  Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.

ALBUQUERQUE –U.S. Attorney Damon P. Martinez and Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso announced the filing of narcotics trafficking and firearms charges against David Krowner, 42, of Estancia, N.M.  The charges arising out of a June 17, 2016 seizure of 20.7 kilograms (45.54 pounds) of methamphetamine, 1.8 kilograms (3.96 pounds) of heroin, and three firearms.

Krowner made his initial appearance this morning in federal court in Albuquerque, N.M., on a criminal complaint charging him with possession of methamphetamine and heroin with intent to distribute and using and carrying firearms in relation to drug trafficking crimes.  Krowner remains in custody pending a preliminary hearing and detention hearing, both of which are scheduled for tomorrow. 

According to the criminal complaint, the investigation into Krowner began on June 1, 2016 when HSI received information that Krowner was transporting large quantities of illegal drugs into the Albuquerque area.  The complaint alleges that Krowner was arrested in Albuquerque on June 17, 2016.  After a narcotics canine allegedly detected the odor of illegal drugs in Krowner’s vehicle, agents searched the vehicle and discovered a large bin allegedly containing  20.7 kilograms of methamphetamine, 1.8 kilograms of heroin, two bags of unidentified pills, seven packages of steroids, two handguns, a shotgun and hundreds of rounds of ammunition.  The agents also allegedly seized approximately $21,750.00 from the vehicle and another $4,500.00 from a pocket of Krowner’s pants. 

If convicted of the narcotics trafficking charges in the complaint, Krowner faces a statutory mandatory minimum of ten years and a maximum of life in prison.  If convicted of the firearms charges, Krowner faces a mandatory minimum of five years in prison that must be served consecutive to any sentence imposed on the narcotics charges.

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

The case was investigated by HSI’s Border Enforcement and Security Taskforce, which includes officers of the Albuquerque Police Department (APD), with assistance from APD’s Central Narcotics Unit.  Assistant U.S. Attorney George Kraehe is prosecuting the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.  Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.

ALBUQUERQUE – Christopher J. Cleveland, 36, a resident of Las Cruces, N.M., was sentenced today in federal court to 120 months in prison followed by five years of supervised release for his conviction on methamphetamine trafficking charges.  Cleveland’s conviction was based on his June 9, 2015, guilty plea.

Cleveland and his codefendant Eric G. Acosta, 29, also of Las Cruces, were arrested in July 2014, on a criminal complaint charging them with methamphetamine trafficking and firearms charges.  According to the complaint, during a routine traffic stop on June 23, 2014, officers of the Las Cruces Police Department discovered 889.2 grams of methamphetamine, a firearm and drug paraphernalia inside a vehicle driven by Acosta and in which Cleveland was a passenger.  The complaint stated that Cleveland and Acosta had traveled from Arizona, where they obtained the methamphetamine, to Las Cruces in Doña Ana County, N.M., where they intended to distribute the drugs.

In an indictment filed on Oct. 16, 2014, Acosta and Cleveland were charged with participation in a methamphetamine trafficking conspiracy and possession of methamphetamine with intent to distribute.  The indictment also charged each of the two men with being felons in possession of firearms.  The two men were charged with committing these crimes on June 23, 2014, in Doña Ana County.  At the time, Acosta and Cleveland each was prohibited from possessing firearms or ammunition because each had previously been convicted a felony offense. 

On May 14, 2015, Acosta pled guilty to the conspiracy charge, the substantive methamphetamine trafficking charge, and to being a felon in possession of a firearm.  Acosta was sentenced on June 7, 2016, to ten years in federal prison followed by five years of supervised release.

This case was investigated by the Las Cruces office of the FBI and the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force and was prosecuted by Assistant U.S. Attorneys Maria Y. Armijo and Selesia Lee Winston of the U.S. Attorney’s Las Cruces Branch Office.

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