FEDERAL DISTRICT ARCHIVE
District of New Mexico
Press releases recorded for this federal judicial district.
Deming Man Sentenced to Prison for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Flavio Loya Moncada, 53, of Deming, N.M., was sentenced today in federal court in Las Cruces, N.M., to 63 months in prison followed by four years of supervised release for his methamphetamine trafficking conviction.
Moncada was arrested on March 11, 2015, on a criminal complaint charging him with possession of methamphetamine with intent to distribute on March 6, 2015, in Doña Ana County, N.M. The arrest was made after Moncada sold 235.1 grams of methamphetamine to an undercover law enforcement agent.
Moncada was subsequently charged in a four-count indictment with distributing methamphetamine on Jan. 10, 2015, Jan. 30, 2015, Feb. 14, 2015, and March 6, 2015. The crimes charged in the indictment took place in Doña Ana County. The indictment included forfeiture allegations requiring Moncada to forfeit $10,600.00 to the United States.
On Feb. 11, 2016, Moncada pled guilty to the indictment and admitted selling a total of 450.4 grams of pure methamphetamine to an undercover law enforcement agent during four separate drug deals. More specifically, Moncada admitted selling the following quantities of methamphetamine to the undercover agent: 52 grams on Jan. 10, 2015; 92 grams on Jan. 30, 2015; 165 grams on Feb. 14, 2015; and 140 grams on March 6, 2015.
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. Attorney Maria Y. Armijo 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.
Los Lunas Man Sentenced to 60 Months for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – James Sparks, 38, of Los Lunas, N.M., was sentenced today in federal court in Albuquerque, N.M., for his methamphetamine trafficking conviction. Sparks was sentenced to 60 months in federal prison followed by a four-year term of supervised release.
Sparks was charged in an indictment filed on Nov. 5, 2015, with possession of methamphetamine with intent to distribute on June 16, 2014, in Valencia County, N.M. He was arrested on Nov. 10, 2015, after he was transferred to federal custody from state custody where he was being held on related state charges which were later dismissed in favor of federal prosecution.
On Jan. 22, 2016, Sparks pled guilty to the indictment. In entering his guilty plea, Sparks admitted that on June 16, 2014, Valencia County Sheriff’s deputies stopped him for speeding on his motorcycle. He attempted to run from deputies when they discovered that Sparks was in possession of more than five grams of methamphetamine and drug paraphernalia, but was eventually apprehended and arrested by the deputies.
This case was investigated by the Albuquerque office of the DEA and the Valencia County Sheriff’s Office with assistance from the 13th Judicial District Attorney’s Office.
Assistant U.S. Attorney Rumaldo R. Armijo prosecuted the case as part of the federal “worst of the worst” anti-violence initiative. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior felony convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. 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 Valencia County, under this initiative.
Justice Department Releases Investigative Findings on University of New Mexico’s Response to Sexual Assault AllegationsRead the Press Release
ALBUQUERQUE – The Justice Department today announced that according to its comprehensive investigation, the University of New Mexico’s (UNM) handling of reports by students of sexual harassment – including sexual assault – fail to comply with federal law. The Justice Department delivered a letter setting forth these findings to President Robert G. Frank of UNM this morning.
The investigation was launched on Dec. 5, 2014, in response to complaints from multiple students alleging that UNM did not adequately respond to their reports of sexual assault. It was conducted under Title IV of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, both of which prohibit sex discrimination in education programs. The investigation examined UNM’s policies and practices for preventing sexual assault and sexual harassment, as well as for investigating and responding to student complaints of sexual assault, sexual harassment and retaliation.
The investigation found that although UNM had strengthened its response to sexual harassment and sexual assault over the past year, it remains out of compliance with Title IX and Title IV in key respects. The department specifically found that students, faculty and staff lacked basic understanding about reporting options, duties and obligations, as well as where to turn for help. The investigation also found significant gaps in UNM’s procedures, training and practices for investigating and resolving allegations of sexual assault and harassment, resulting in a grievance process that complainants and respondents alike described as confusing, distressing and rife with delays. More generally, in focus groups and interviews, many UNM students expressed reluctance to report sexual assault to UNM because they lacked confidence in the school’s response.
The department also found that students who have experienced harassment and assault have difficulty accessing services and supports. Without appropriate supports in place, some of these students experienced severe and lasting educational impacts, including suspending their academic coursework, dropping out of extracurricular activities, losing scholarships and even withdrawing from UNM.
The department found that UNM must take the following measures to fully comply with these laws:
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Provide comprehensive and effective training to all students, faculty and staff that gives notice of UNM’s prohibition on sexual harassment, including sexual assault; information about reporting options, duties and obligations; details on where to go for assistance; and information on grievance procedures and potential outcomes;
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Revise UNM’s policies, procedures and investigative practices to provide a grievance procedure that ensures prompt and equitable resolution of sexual harassment and sexual assault allegations;
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Adequately investigate or respond to all allegations by students who have alleged sexual assault or sexual harassment, including allegations of retaliation for reporting sexual assault or sexual harassment;
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Take prompt and effective steps to eliminate a hostile environment, prevent its reoccurrence and address its effects; and
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Ensure that the individuals designated to coordinate Title IX efforts receive adequate training and coordinate these efforts effectively.
“Our findings reveal how a flawed system for responding to sexual assault fails all those involved – from victims seeking adequate protection, to accused students demanding fair hearings, to faculty looking for clear instruction,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the department’s Civil Rights Division. “These failures diminish educational opportunities and threaten community confidence in the integrity and fairness of the university’s policies and practices. The Justice Department commends UNM officials for starting to implement key changes in a number of areas, and we look forward to working closely with them to expand and enhance these early steps of progress.”
“Campus sexual assault and sexual harassment are civil rights issues,” said U.S. Attorney Damon P. Martinez of the District of New Mexico. “They are primarily perpetrated against women and undermine their basic rights. When perpetuated against students, sexual assault and sexual harassment deny them the right to live and learn in a safe educational environment. Colleges and universities are obligated to stop and prevent sexual violence against their students and to respond effectively when they receive reports of sexual assault. We appreciate the university’s continuing efforts to address the serious deficiencies identified by our investigation so that we can improve the safety of women and other students and reduce barriers in education.”
UNM cooperated fully with the department’s investigation, and has committed to continue to cooperate with the department to timely resolve these findings under mutually agreeable terms that will provide accountability to the public and accomplish the remedial measures within a fixed period of time.
The investigation was conducted jointly by the Civil Rights Division’s Educational Opportunities Section and the U.S. Attorney’s Office of the District of New Mexico. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt. Additional information about the U.S. Attorney’s Office of the District of New Mexico is available on its website at www.justice.gov/usao/nm.
The enforcement of Title IV and Title IX are top priorities of the Civil Rights Division. For more information about the administration’s efforts on prevention and response to sexual assault and sexual harassment on college and university campuses, please visit www.notalone.gov.
UNM Findings Letter
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Justice Department Releases Investigative Findings on University of New Mexico’s Response to Sexual Assault AllegationsRead the Press Release
The Justice Department today announced that according to its comprehensive investigation, the University of New Mexico’s (UNM) handling of reports by students of sexual harassment – including sexual assault – fail to comply with federal law. The Justice Department delivered a letter setting forth these findings to President Robert G. Frank of UNM this morning.
The investigation was launched on Dec. 5, 2014, in response to complaints from multiple students alleging that UNM did not adequately respond to their reports of sexual assault. It was conducted under Title IV of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, both of which prohibit sex discrimination in education programs. The investigation examined UNM’s policies and practices for preventing sexual assault and sexual harassment, as well as for investigating and responding to student complaints of sexual assault, sexual harassment and retaliation.
The investigation found that although UNM had strengthened its response to sexual harassment and sexual assault over the past year, it remains out of compliance with Title IX and Title IV in key respects. The department specifically found that students, faculty and staff lacked basic understanding about reporting options, duties and obligations, as well as where to turn for help. The investigation also found significant gaps in UNM’s procedures, training and practices for investigating and resolving allegations of sexual assault and harassment, resulting in a grievance process that complainants and respondents alike described as confusing, distressing and rife with delays. More generally, in focus groups and interviews, many UNM students expressed reluctance to report sexual assault to UNM because they lacked confidence in the school’s response.
The department also found that students who have experienced harassment and assault have difficulty accessing services and supports. Without appropriate supports in place, some of these students experienced severe and lasting educational impacts, including suspending their academic coursework, dropping out of extracurricular activities, losing scholarships and even withdrawing from UNM.
The department found that UNM must take the following measures to fully comply with these laws:
- Provide comprehensive and effective training to all students, faculty and staff that gives notice of UNM’s prohibition on sexual harassment, including sexual assault; information about reporting options, duties and obligations; details on where to go for assistance; and information on grievance procedures and potential outcomes;
- Revise UNM’s policies, procedures and investigative practices to provide a grievance procedure that ensures prompt and equitable resolution of sexual harassment and sexual assault allegations;
- Adequately investigate or respond to all allegations by students who have alleged sexual assault or sexual harassment, including allegations of retaliation for reporting sexual assault or sexual harassment;
- Take prompt and effective steps to eliminate a hostile environment, prevent its reoccurrence and address its effects; and
- Ensure that the individuals designated to coordinate Title IX efforts receive adequate training and coordinate these efforts effectively.
“Our findings reveal how a flawed system for responding to sexual assault fails all those involved – from victims seeking adequate protection, to accused students demanding fair hearings, to faculty looking for clear instruction,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the department’s Civil Rights Division. “These failures diminish educational opportunities and threaten community confidence in the integrity and fairness of the university’s policies and practices. The Justice Department commends UNM officials for starting to implement key changes in a number of areas, and we look forward to working closely with them to expand and enhance these early steps of progress.”
“Campus sexual assault and sexual harassment are civil rights issues,” said U.S. Attorney Damon P. Martinez of the District of New Mexico. “They are primarily perpetrated against women and undermine their basic rights. When perpetuated against students, sexual assault and sexual harassment deny them the right to live and learn in a safe educational environment. Colleges and universities are obligated to stop and prevent sexual violence against their students and to respond effectively when they receive reports of sexual assault. We appreciate the university’s continuing efforts to address the serious deficiencies identified by our investigation so that we can improve the safety of women and other students and reduce barriers in education.”
UNM cooperated fully with the department’s investigation, and has committed to continue to cooperate with the department to timely resolve these findings under mutually agreeable terms that will provide accountability to the public and accomplish the remedial measures within a fixed period of time.
The investigation was conducted jointly by the Civil Rights Division’s Educational Opportunities Section and the U.S. Attorney’s Office of the District of New Mexico. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt. Additional information about the U.S. Attorney’s Office of the District of New Mexico is available on its website at www.justice.gov/usao/nm.
The enforcement of Title IV and Title IX are top priorities of the Civil Rights Division. For more information about the administration’s efforts on prevention and response to sexual assault and sexual harassment on college and university campuses, please visit www.notalone.gov.
Jason Loera Pleads Guilty to Federal Receipt of Child Pornography ChargeRead the Press Release
ALBUQUERQUE – Jason Loera, 47, a former political consultant and resident of Albuquerque, N.M., who currently resides in Los Angeles, Calif., pled guilty today in federal court in Albuquerque to receiving a visual depiction of a minor engaged in sexually explicit conduct. Loera entered his guilty plea under a plea agreement that permits him to appeal from a court order denying his motion to suppress evidence.
Loera was arrested in Los Angeles in June 2013 on an indictment filed in the U.S. District Court for the District of New Mexico. The indictment charged Loera with two counts of receiving child pornography and one count of possessing child pornography. According to the indictment, Loera committed these offenses in in Bernalillo County, N.M.
The indictment against Loera subsequently was superseded twice, most recently on March 8, 2016. The six-count second superseding indictment charged Loera with three counts of receiving child pornography and three counts of possessing child pornography. It alleged that Loera received child pornography on three occasions between March 31, 2010 and April 15, 2010, and that he possessed child pornography on a laptop computer and two CDs on Nov. 20, 2012, in Bernalillo County.
During today’s change of plea hearing, Loera entered a guilty plea to Count 3 of the second superseding indictment charging him with receiving child pornography on April 15, 2010. In his plea agreement, Loera admitted using his laptop computer to download from the internet an electronic file that he knew contained child pornography. The file contained 45 images of a prepubescent girl, many of which showed the girl engaged in sexually explicit conduct. Loera also admitted that when the FBI searched his residence on Nov. 20, 2012, he knowingly possessed child pornography on his laptop computer and two CDs. Loera admitted that he had more than 600 images of child pornography, some of which depicted violence.
Loera, who had been on conditions of release under pretrial supervision since June 2013, was ordered to surrender himself to the custody of the U.S. Marshals Service by June 1, 2016. Thereafter, he will remain in federal custody pending his sentencing hearing, which has yet to be scheduled. At sentencing, Loera faces a statutory mandatory minimum of five years and a maximum of 20 years in prison followed by a term of supervised release to be set by the court. Loera will be required to register as a sex offender after completing his prison sentence.
The case was investigated by the Albuquerque Division of the FBI and the New Mexico Regional Computer Forensic Laboratory. It is being prosecuted by Assistant U.S. Attorneys Dean S. Tuckman and Kristopher N. Houghton 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/.
Santa Fe Man Sentenced to Ten Years for Conviction on Federal Heroin Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Phillip Lovato, 30, of Santa Fe, N.M., was sentenced today in federal court in Albuquerque, N.M., to ten years in federal prison followed by four years of supervised release for his conviction on heroin trafficking and firearms charges. Lovato also was ordered to forfeit to the United States $49,242 in drug proceeds and two firearms that were seized during the investigation leading to his conviction.
Lovato’s sentence was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and New Mexico State Police Lt. Scott McFaul, the Commander of the HIDTA Region III Drug Task Force.
Lovato was arrested by the FBI on Feb. 10, 2015, on a criminal complaint charging him with heroin trafficking and firearms charges. On Feb. 25, 2015, a federal grand jury returned a seven-count indictment against Lovato charging him with two counts of distributing heroin, two counts of possession of heroin with intent to distribute, two counts of being a felon in possession of firearms and ammunition, and one count of using and carrying a firearm in furtherance of a drug trafficking crimes. According to the indictment, Lovato committed these crimes in Santa Fe County.
Lovato entered guilty pleas on Feb. 16, 2016, to two counts of possession of heroin with intent to distribute, one count of using a firearm in furtherance of a drug trafficking crime, and one count of being a felon in possession of a firearm. In his plea agreement, Lovato admitted selling heroin from a residence on Alta Vista Street in Santa Fe on Nov. 17, 2014. On that day, Lovato was carrying a black backpack containing heroin and a semi-automatic pistol that he used to protect the drugs he was carrying and the proceeds from his drug sales. After completing several drug transactions at the Alta Vista Street residence, Lovato got into a pickup truck to go to another location where he intended to continue selling heroin. When the truck was stopped by law enforcement officers, Lovato admitted that he had heroin in the truck, and the officers seized 40 grams of heroin and the semi-automatic pistol from Lovato’s backpack.
In his plea agreement, Lovato also acknowledged that he subsequently acquired another firearm and additional heroin and resumed selling heroin in and around Santa Fe, storing his heroin and cash proceeds in a storage facility in Santa Fe. On Feb. 6, 2015, law enforcement officers executed a search warrant on the storage facility where they seized 665 grams of heroin and $49,242 in proceeds from Lovato’s heroin deals.
Lovato was arrested on Feb. 10, 2015, outside a residence in Santa Fe. Before his arrest, Lovato left a semi-automatic handgun inside the residence. Following Lovato’s arrest, law enforcement officers seized the handgun when they executed a consensual search of the residence. Lovato acknowledged knowing that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
This case was investigated by the Santa Fe office of the FBI and the HIDTA Region III Drug Task Force, and was prosecuted by Assistant U.S. Attorney Timothy S. Vasquez.
The HIDTA – High Intensity Drug Trafficking Area – Program is a program of the White House Office National Drug Control Policy (ONDCP) that facilitates cooperation among federal, state, local and tribal law enforcement to foster intelligence sharing and to support the execution of effective enforcement operations aimed at dismantling drug trafficking organization in critical drug trafficking regions of the United States. The HIDTA Region III Narcotics Task Force is comprised of the New Mexico State Police, the Santa Fe County Sheriff’s Office and the Santa Fe Police Department.
Lovato, who has two prior drug trafficking convictions and an aggravated assault conviction, was prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders 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 Santa Fe County, under this initiative.
The case also was prosecuted as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with Bernalillo County, DEA, Healing Addiction in our Community (HAC) 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.
Roswell Felon Facing Federal Firearms ChargesRead the Press Release
ALBUQUERQUE – This morning a U.S. Magistrate Judge sitting in Las Cruces, N.M., found probable cause to support a criminal complaint charging Nathaniel Eddie Madrid, 49, of Roswell, N.M., with violating the federal firearms laws. The Magistrate Judge ordered Madrid detained pending trial.
Madrid was arrested on April 15, 2016, on a criminal complaint charging him with being a felon in possession of a firearm and ammunition and possessing an unregistered firearm. The criminal complaint alleges that Madrid committed the crimes on Oct. 26, 2015, in Lincoln County, N.M.
According to the criminal complaint, New Mexico State Police (NMSP) officers came upon Madrid when responding to the scene of a traffic accident on Oct. 26, 2015. Madrid allegedly had crashed the stolen vehicle he was driving and allegedly was observed throwing a handgun into a nearby ditch by a witness who stopped to render aid to Madrid. The NMSP allegedly retrieved the handgun and found two more firearms in the vehicle.
After identifying Madrid, the NMSP learned that Madrid had an outstanding arrest warrant for violating the conditions of a supervised release term he was serving as a result of a previous federal conviction for unlawfully possessing a firearm. Madrid was arrested on the federal warrant; he has been in federal custody since that time.
The criminal complaint alleges that Madrid was prohibited from possessing either firearms or ammunition on Oct. 26, 2015, because he previously had been convicted of several felony offenses in the state courts of New Mexico in addition to his federal conviction for being a felon in possession of a firearm.
If convicted of the crimes charged in the criminal complaint, Madrid faces a statutory maximum sentence of ten years in prison. 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 the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the NMSP, and is being prosecuted by Assistant U.S. Attorney Alfred J. Perez of the U.S. Attorney’s Las Cruces Branch Office.
Madrid is being prosecuted 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 under this initiative.
Albuquerque Man Sentenced to Probation for Submitting Fraudulent Claims to Veterans Affairs Medical CenterRead the Press Release
ALBUQUERQUE – Tomas Jaramillo, 55, of Albuquerque, N.M., was sentenced today in federal court for his conviction for submitting false and fraudulent claims to the Veterans Affairs Medical Center (VAMC) in Albuquerque. Jaramillo was sentenced to five years of probation and ordered to pay $11,439.90 in restitution to the VAMC.
Jaramillo was charged by information on Aug. 18, 2015, with submitting fraudulent vouchers to collect payments for roundtrip travel to attend medical appointment. He was subsequently charged by indictment on Sept. 22, 2015, with submitting 173 fraudulent claims to the VAMC for travel beneficiary payments from June 2009 through July 2010.
On Dec. 11, 2015, Jaramillo pled guilty to a felony information charging him with making fraudulent claims. In entering the guilty plea, Jaramillo admitted that from June 2009 through July 2010, he travelled to the VAMC in Bernalillo County, N.M., to obtain medical treatment and falsely claimed that he traveled from Socorro, N.M., to do so. Jaramillo admitted that he submitted fraudulent vouchers to VAMC to receive payment for roundtrip travel which he did not actually make to attend his medical appointments. Jaramillo received $11,439.90 in travel reimbursements to which he was not entitled.
This case was investigated by the Department of Veterans Affairs, Office of Inspector General, Criminal Investigation Division and was prosecuted by Assistant U.S. Attorney Samuel A. Hurtado.
Jicarilla Apache Man Sentenced for Federal Statutory Rape ConvictionRead the Press Release
ALBUQUERQUE – Raylon Castillo, 20, an enrolled member of the Jicarilla Apache Nation who resides in Dulce, N.M., was sentenced this morning for his statutory rape conviction. Castillo was sentenced to serve 30 months in federal prison followed by a five-year term of supervised release. Castillo will be required to register as a sex offender when he completes his prison sentence.
Castillo was arrested on Dec. 18, 2014, on a criminal complaint charging him with sexually assaulting a Native American minor who was between the age of 12 and 16 years on July 25, 2014, on the Mescalero Apache Indian Reservation in Otero County, N.M. Castillo was arrested on tribal charges on July 25, 2014, and remained in tribal custody until his arrest on the federal complaint in Dec. 2014.
Castillo was indicted on May 20, 2015, and charged with sexual abuse of a minor on July 25, 2014, in Otero County. On July 1, 2015, Castillo pled guilty to the indictment. In entering his guilty plea, Castillo admitted engaging in a sexual act with the victim, who was 14 years old and at least four years younger than Castillo. Castillo admitted committing the crime on the Mescalero Apache Reservation.
This case was investigated by the Las Cruces office of the FBI and the Mescalero Agency of the BIA’s Office of Justice Services. The case is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office 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/.
Former NMMI Cadet from California Pleads Guilty to Federal Child Pornography Charge in New MexicoRead the Press Release
ALBUQUERQUE – Joshua Adam Williams, 20, of Lakeside, Calif., entered a guilty plea today in federal court in Las Cruces, N.M., to a possession of child pornography charge. Under the terms of his plea agreement, Williams will be sentenced to ten years in prison followed by a 15-year term of supervised release. He will be required to register as a sex offender after completing his prison sentence.
Williams’ guilty plea was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division and New Mexico State Police Chief Pete N. Kassetas.
Williams was arrested on Nov. 4, 2015, in Lakeside, Calif., on a criminal complaint alleging child pornography charges that was filed on Oct. 27, 2015, in federal court in Las Cruces. He was transferred from California to Las Cruces on Dec. 11, 2015, to face the charges against him.
The criminal complaint charged Williams with distribution, possession and attempted production of videos and images depicting minors engaged in sexually explicit conduct. It alleged that Williams committed these crimes in May 2015 in Roswell, N.M., when he was enrolled as a cadet at the New Mexico Military Institute (NMMI).
Court filings reveal that the investigation into Williams began in Aug. 2014, when a father and minor child disclosed to the FBI that the child had been self-producing child pornography and sharing it with others through an internet chat room. The father surrendered the child’s cellular phone to the FBI and the FBI found it to contain alleged child pornography that had been shared with a specific account identified by a particular username.
Subsequent investigation revealed that Williams, who was then a NMMI cadet, was the subscriber to aforementioned account and search warrants were obtained for Williams’ computers, cellphone and other digital media. Forensic examinations of Williams’ computer and cellphone revealed that they contained videos and images consistent with child pornography.
During today’s proceedings, Williams pled guilty to a felony information charging him with possession of child pornography. In his plea agreement, Williams admitted that on May 5, 2015, he possessed a computer and cellular telephone that contained videos and images of child pornography. The plea agreement states that Williams’ computer contained a video of a toddler being sexually molested by an adult and his cellular phone contained approximately 100 videos of minors engaged in sexually explicit conduct.
Williams remains in custody pending his sentencing hearing, which has yet to be scheduled. In his plea agreement, Williams agreed to pay $210,012 in restitution to any victim associated with the charges identified in the criminal complaint who requests restitution prior to the sentencing hearing.
This case was investigated by the Roswell office of the FBI, New Mexico State Police, New Mexico Internet Crimes Against Children (ICAC) Task Force and the New Mexico Regional Computer Forensic Laboratory with assistance from the FBI in San Diego, Calif., and the U.S. Attorney’s Office for the Southern District of California.
Assistant U.S. Attorney Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
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.
California Man Pleads Guilty to Federal Methamphetamine Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Jose Elias Gonzalez, 31, of Bakersfield, Calif., pleaded guilty this morning in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge.
Gonzalez was arrested in Aug. 2015, on a criminal complaint charging him with a methamphetamine trafficking offense after the DEA seized 1.90 kilograms (4.18 pounds) of methamphetamine from him during an interdiction investigation at the Greyhound Bus Station in Albuquerque on July 26, 2015. Gonzalez was subsequently indicted on Aug. 11, 2015, and charged with possession of methamphetamine with intent to distribute.
During today’s proceedings, Gonzalez pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In his plea agreement, Gonzales admitted transporting crystal methamphetamine from Los Angeles, Calif., on an eastbound Greyhound bus that stopped in Albuquerque on the morning of July 26, 2015. Gonzales intended to transport the methamphetamine, which was contained in four clear heat-sealed plastic bundles concealed in a shopping bag, to Little Rock, Ark.
At sentencing, Gonzalez faces up to 20 years in prison followed by a term of supervised release to be set by the court. 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 and is being prosecuted by Assistant U.S. Attorney Rumaldo Armijo.
Albuquerque Man Sentenced to 135 Months for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Michael Stewart, 56, of Albuquerque, N.M., was sentenced today to 135 months in federal prison followed by a seven-year term of supervised release for his methamphetamine trafficking conviction. In a related civil case, a federal judge previously entered an order forfeiting to the United States $25,370.00 in drug proceeds that were seized from Stewart when he was arrested.
Stewart, whose lengthy criminal history includes felony convictions for cocaine and methamphetamine trafficking, robbery, kidnapping and theft, was prosecuted as part of the federal “worst of the worst” anti-violence initiative. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior felony convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. 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.
Stewart was arrested on Feb. 19, 2015, after DEA task force officers seized 611.9 gross grams of methamphetamine and more than $25,000.00 in cash from him and his vehicle during a traffic stop in northwest Albuquerque. Stewart was subsequently indicted on the same charge on March 10, 2015.
On Jan. 20, 2016, Stewart pled guilty to the indictment and admitted that on Feb. 18, 2015, he was in possession of 543.3 grams of actual methamphetamine which he intended to distribute to others.
This case was investigated by the Albuquerque offices of the DEA and Homeland Security Investigations and the Bernalillo County Sheriff’s Office, and was prosecuted by the Organized Crime Section of the U.S. Attorney’s Office. Assistant U.S. Attorney Stephen R. Kotz handled the civil forfeiture proceedings.
Las Cruces Residents Plead Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Two residents of Las Cruces, N.M., pleaded guilty today in federal court to methamphetamine trafficking charges.
David S. Thompson, 29, and Marlene C. Sandoval, 38, were arrested in Nov. 2015, on a criminal complaint charging them with methamphetamine trafficking charges on Oct. 16, 2015, in Doña Ana County, N.M. Thompson and Sandoval were arrested after law enforcement officers found crystal methamphetamine inside the vehicle Thompson and Sandoval were driving during a routine traffic stop. Thompson and Sandoval were subsequently indicted on Feb. 17, 2016, and charged with conspiracy and possession of methamphetamine with intent to distribute.
During today’s proceedings, Thompson and Sandoval each entered a guilty plea to a conspiracy to possess methamphetamine with intent to distribute charge. They admitted being pulled over for speeding on Oct. 16, 2015, by New Mexico Department of Transportation officers. After obtaining consent from Thompson and Sandoval to search their vehicle, the officers found 499 grams of methamphetamine in a shoe in the vehicle. Thompson and Sandoval also admitted that they intended to distribute the methamphetamine in Las Cruces.
At sentencing, Thompson and Sandoval each face a maximum penalty of 20 years in federal prison followed by not less than three years of supervised release. Both remain in custody pending sentencing hearings which have yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA, the New Mexico Department of Transportation Police, the Las Cruces Police Department and the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force. Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the FBI, HSI and the New Mexico State Police. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Mexican National Arrested in New Mexico Based on DEA Seizure of Almost Four Pounds of HeroinRead the Press Release
ALBUQUERQUE – Juan Francisco Cruz-Neri, 23, of Mexico City, Mexico, made his initial appearance today in federal court in Albuquerque, N.M., on a criminal complaint charging him with possessing almost four pounds of heroin with intent to distribute. Cruz-Neri remains in federal custody pending a preliminary hearing and a detention hearing scheduled for April 19, 2016.
Cruz-Neri was arrested at the Greyhound Bus Station in Albuquerque on April 15, 2016, after the DEA allegedly found 1.70 kilograms (3.80 pounds) of heroin concealed in his backpack.
If convicted of the charge in the criminal complaint, Cruz-Neri faces a statutory penalty of a 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 Albuquerque office of the DEA. The case is being prosecuted by Assistant U.S. Attorney Rumaldo Armijo as part of the New Mexico Heroin and Opioid Prevention and Education (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 Bernalillo County, the Albuquerque City Council, DEA, Healing Addiction in our Community (HAC) 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.
California Woman Pleads Guilty to Federal Cocaine Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Neisha Necel Williams, 35, of Los Angeles, Calif., pleaded guilty today in federal court in Albuquerque, N.M., to a cocaine trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Williams was arrested in May 2015, on a criminal complaint charging her with a cocaine trafficking offense after the DEA seized .70 kilograms (1.54 pounds) of cocaine from her during an interdiction investigation at the Greyhound Bus Station in Albuquerque on May 18, 2015. The cocaine was concealed in a bundle underneath Williams’ clothes. Williams was indicted on June 9, 2015, and charged with possession of cocaine with intent to distribute.
During today’s proceedings, Williams pled guilty to a felony information charging her with possession of cocaine with intent to distribute. In entering the guilty plea, Williams admitted that on May 18, 2015, while traveling through Albuquerque on a Greyhound bus, she possessed .70 kilograms of cocaine, which was wrapped in a bundle and concealed underneath her clothes. Williams further admitted that she was to be paid for transporting the cocaine from Los Angeles to Macon, Ga.
At sentencing, Williams faces a maximum penalty of 20 years in federal prison. Williams remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Kimberly A. Brawley.
Los Lunas Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Joseph Baldonado, 30, of Los Lunas, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge. Under the terms of the plea agreement, Baldonado will be sentenced to 60 months in federal prison followed by four years of supervised release.
Baldonado was arrested in Jan. 2016, on a criminal complaint charging him with distribution of methamphetamine in Valencia County, N.M. According to the complaint, Baldonado sold quantities of methamphetamine to an undercover agent on the following dates: 58.2 ounces on Jan. 6, 2016, 58.8 ounces on Jan. 12, 2016, and 57.2 ounces on Jan. 22, 2016.
Baldonado was subsequently indicted on Feb. 9, 2016, and charged with three counts of distribution of methamphetamine on Jan. 6, 12, and 22, 2016, in Valencia County.
During today’s proceedings, Baldonado pled guilty to Count 3 of the indictment charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Baldonado admitted possessing more than 50 grams of methamphetamine on Jan. 22, 2016, and selling it to another person for $1,600. Baldonado remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA and the HIDTA Region I Narcotics Task Force and is being prosecuted by Assistant U.S. Attorney Eva M. Fontanez.
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.
Former U.S. Postal Service Employee Sentenced to Probation for Conviction on Destruction of Mail Misdemeanor ChargeRead the Press Release
ALBUQUERQUE – Phillip Duran, 33, of Las Vegas, N.M., pleaded guilty yesterday in federal court to an opening and destruction of mail misdemeanor charge. After entering his guilty plea, Duran was sentenced to one year of probation and ordered to pay an $800 fine.
Duran was charged in a misdemeanor information on March 16, 2016, with unlawfully opening mail not directed to him while employed as a U.S. Postal Service officer. According to the information, Duran committed the crime between Nov. 19, 2015 and Jan. 7, 2016, in San Miguel County, N.M.
During yesterday’s hearing, Duran pled guilty to the information and admitted that from Nov. 19, 2015 through Jan. 7, 2016, he intentionally opened other people’s mail when he was not supposed to do so.
This case was investigated by the U.S. Postal Inspection Service and is being prosecuted by Assistant U.S. Attorney Eva M. Fontanez.
Farmington Man Pleads Guilty to Federal Heroin Trafficking ChargesRead the Press Release
ALBUQUERQUE – Allen Goosen, 30, of Farmington, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to heroin trafficking charges. The guilty plea was entered without the benefit of a plea agreement.
Goosen was arrested in Feb. 2016, on a criminal complaint charging him with trafficking heroin in San Juan County, N.M. According to the complaint, Goosen sold approximately 6.03 grams of heroin to an undercover agent on Dec. 17, 2014. The complaint further alleges that on Jan. 5, 2015, Goosen was in possession of 5.95 grams of heroin packaged in six-single gram packages when he was arrested on a felony arrest warrant.
Goosen was subsequently indicted on March 8, 2016, and charged with distribution of heroin on Dec. 17, 2014, and possession of heroin with intent to distribute on Jan. 5, 2015. The indictment included forfeiture allegations requiring Goosen to forfeit at least $600 to the United States.
During today’s proceedings, Goosen pled guilty to both counts of the indictment. At sentencing, Goosen faces a maximum statutory penalty of 20 years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
The case was investigated by the Albuquerque office of Homeland Security Investigations and the HIDTA Region II Task Force. The HIDTA Region II Narcotics Task Force is comprised of officers and investigators from the Farmington Police Department, San Juan County Sheriff’s Office, Bloomfield Police Department and Aztec Police Department, and is part of the High Intensity Drug Trafficking Area (HIDTA) program that was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
The case is being prosecuted by Assistant U.S. Attorney Alexander M. Uballez 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 Bernalillo County, DEA, Healing Addiction in our Community (HAC) 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 Woman Sentenced for Conviction Arising Out of Armed Robbery of Retail Pharmacy in January 2015Read the Press Release
ALBUQUERQUE – Josephine Duran, 24, of Albuquerque, N.M., was sentenced this morning in federal court to 57 months in prison followed by three years of supervised release for her conviction on prescription drug trafficking and theft of medical products charges arising out of the armed robbery of an Albuquerque-area retail pharmacy in Jan. 2015.
The guilty plea was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division and Chief Gorden Eden, Jr., of the Albuquerque Police Department.
Duran was one of six defendants charged in four indictments that were announced by federal and local officials on April 29, 2015. The indictments charged the six defendants with robbing retail pharmacies in Albuquerque to illegally obtain Oxycodone and other highly addictive opioid prescription painkillers. The four indictments charged Duran, her co-defendant Blake Gallardo, 23, and four other Albuquerque residents with crimes arising out of the armed robberies of retail pharmacies, including violations of the Controlled Substance Registrant Protection Act and the Safe Doses Act, laws passed to address the theft and diversion of prescription drugs.
At the time the indictments were announced, Duran and Gallardo had not been arrested and were considered fugitives. Thereafter, Duran was arrested on May 22, 2015, and Gallardo was arrested on June 11, 2015.
Duran and Gallardo were charged with (1) violating the Hobbs Act by interfering with interstate commerce by robbery and violence; (2) brandishing a firearm during a crime of violence; (3) violating the Controlled Substance Registrant Act by committing robbery involving controlled substance; (4) violating the Safe Doses Act by committing theft of medical products; and (5) possession of Oxycodone with intent to distribute. The charges arose out of the armed robbery of a Walgreens Pharmacy located at 6565 Paradise Blvd. NW in Albuquerque on Jan. 30, 2015.
On Sept. 24, 2015, Duran entered a guilty plea to Count 5 of the indictment charging her with possession of Oxycodone with intent to distribute, and to a felony information charging her with theft of medical products. In her plea agreement, Duran acknowledged knowing about the robbery in advance. Duran also admitted taking Gallardo’s loaded firearm and drugs stolen from the Walgreens Pharmacy on Jan. 30, 2015, while Gallardo attempted to flee from law enforcement. Duran admitted that she intended to distribute the stolen Oxycodone.
On Sept. 4, 2015, Gallardo entered a guilty plea to Counts 1, 2, 3 and 5 of the indictment. He also pleaded guilty to a felony information charging him with robbery involving controlled substance, a charge arising out of the June 6, 2015 robbery of a Walgreens Pharmacy located at 1201 Unser Blvd. NW in Albuquerque. In his plea agreement, Gallardo admitted robbing both Walgreens Pharmacies at gunpoint.
With respect to the Jan. 30, 2015 robbery, Gallardo entered the pharmacy, jumped over the pharmacy counter while brandishing a firearm, and ordered the pharmacist to open a locker in which controlled substances were stored. Gallardo pointed his firearm at the pharmacist, took her keys, opened the locker, and filled a bag with Oxycodone. Gallardo and Duran were arrested on state charges shortly after the robbery. With respect to the June 6, 2015 robbery, the plea agreement states that Gallardo was armed with a firearm when he entered the pharmacy and jumped over the pharmacy counter. He grabbed two pharmacy employees and directed them to the pharmacy’s controlled substance locker. Gallardo took several bottles of Oxycodone from the locker and ran out of the pharmacy.
Gallardo was sentenced on Dec. 15, 2015, to 15 years in federal prison followed by three years of supervised release.
The pharmacy robbery cases involving the other four defendants have been resolved as follows:
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On July 1, 2015, Victor Hurtado, 20, pled guilty to felony charges arising out of the Jan. 6, 2015, armed robbery of the Smith’s Pharmacy located at 4016 Louisiana Blvd. NE in Albuquerque. Hurtado was sentenced on Dec. 10, 2015, to 141 months in federal prison followed by five years of supervised release.
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On Sept. 17, 2015, Valentin Garcia, 23, pled guilty to felony charges arising out of the Jan. 30, 2015, armed robbery of the CVS Pharmacy located at 4201 Montano in Albuquerque.Garcia was sentenced on Dec. 17, 2015, to ten years in federal prison followed by three years of supervised release.
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On Nov. 17, 2015, Roy Christopher 29, pled guilty to felony charges arising out of the Aug. 3, 2014, robbery of a CVS pharmacy in Albuquerque.Christopher was sentenced on April 8, 2016, to 41 months in prison followed by three years of supervised release.
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On Jan. 19, 2016, Joseph Montano, 23, pled guilty to felony charges arising out of the Jan. 6, 2015, armed robbery of the Smith’s Pharmacy located at 4016 Louisiana Blvd. NE in Albuquerque. Under the terms of his plea agreement, Montano will be sentenced within the range of 80 to 120 months in federal prison.
These cases were investigated by the Albuquerque office of the FBI, the Tactical Diversion Squad of the DEA in Albuquerque, and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office in Bernalillo County. The cases are being 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.
These pharmacy robbery cases were prosecuted pursuant to a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. 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.
The cases also were prosecuted as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with Bernalillo County, DEA, Healing Addiction in our Community (HAC) 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.
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U.S. Citizen Residing in Mexico Pleads Guilty to Federal Heroin Trafficking Charges in New MexicoRead the Press Release
ALBUQUERQUE – Vicenta Ramona Garcia, 29, a U.S. citizen, who resides in San Luis Rio Colorado, Sonora, Mexico pleaded guilty this morning in federal court in Albuquerque, N.M., to heroin trafficking charges under a plea agreement with the U.S. Attorney’s office.
Garcia and her codefendant Guadalupe Ofelia Lopez-Vasquez, 59, a Mexican national, who also resides in San Luis Rio Colorado, Sonora, Mexico, were arrested in Dec. 2015, after DEA agents seized approximately 15 pounds of heroin from them during consensual searches at the Greyhound Bus Station in Albuquerque. According to the criminal complaint, both women had heat-sealed bundles of heroin strapped to their backs and waists.
Garcia and Lopez-Vasquez were indicted on Dec. 17, 2015, and charged with conspiracy to distribute heroin and possession of heroin with intent to distribute on Dec. 9, 2015, in Bernalillo County, N.M.
During today’s proceedings, Garcia pled guilty to a felony information charging her with conspiracy and possession of heroin with intent to distribute. Garcia admitted that on Dec. 9, 2015, she and Lopez-Vasquez transported heroin from Phoenix, Ariz., to New Mexico on the Greyhound Bus by concealing heat-sealed bundles of heroin underneath their clothing. Garcia further admitted that the two women intended to give the drugs to another person when they reached their final destination of Columbus, Ohio.
Lopez-Vasquez pled guilty to similar charges on April 1, 2016.
At sentencing, Garcia and Lopez-Vasquez each face a maximum penalty of 20 years in federal prison. Both women remain in custody pending sentencing hearings which have yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA. Assistant U.S. Attorney Rumaldo R. Armijo is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with Bernalillo County, DEA, Healing Addiction in our Community (HAC) 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.
Farmington Woman Pleads Guilty to Distributing Child PornographyRead the Press Release
ALBUQUERQUE – Tristalyn Valencia, 29, of Farmington, N.M., entered a guilty plea today in federal court in Albuquerque, N.M., to a distribution of child pornography charge. Under the terms of the plea agreement, Valencia will be sentenced to a prison term within the range of ten to 15 years followed by a term of supervised release to be determined by the court. Valencia will be required to register as a sex offender upon her release from prison.
The guilty plea was announced by U.S. Attorney Damon P. Martinez, 11th Judicial District Attorney Robert P. “Rick” Tedrow, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Tex., and San Juan County Sheriff Ken Christesen.
Valencia was arrested on Dec. 24, 2015, on an indictment charging her with nine counts of producing visual depictions of a minor engaged in sexually explicit conduct. According to the indictment, Valencia committed the crimes between May 2012 and Aug. 2012 in San Juan County, N.M.
During today’s proceedings, Valencia pled guilty to a felony information charging her with distribution of child pornography. In entering the guilty plea, Valencia admitted that from June 1, 2012 through June 30, 2012, she distributed nine images containing child pornography. Valencia admitted that each image depicted the same victim, who was under the age of 12 years, engaged in sexually explicit conduct. Some of the images depicted the victim engaged in sexually explicit conduct with an adult male.
This case was investigated by the Albuquerque and Phoenix offices of HSI and the San Juan County Sheriff’s Office with assistance from the 11th Judicial District Attorney’s Office in Farmington.
Assistant U.S. Attorney Sarah Mease is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Albuquerque Woman Sentenced for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Reyes Tijerina, 35, of Albuquerque, N.M., was sentenced late yesterday afternoon in federal court to 60 months in federal prison followed by three years of supervised release for her methamphetamine trafficking conviction.
Tijerina was arrested on Jan. 14, 2015, on a two-count indictment charging her with distributing methamphetamine on Sept. 10, 2014 and Sept. 24, 2014, in Bernalillo County, N.M.
On Oct. 5, 2015, Tijerina pled guilty to one count of distribution of methamphetamine. In entering the guilty plea, Tijerina admitted that on Sept. 10, 2014, she sold methamphetamine to an undercover agent.
This case was investigated by the Albuquerque office of the DEA and was prosecuted by Assistant U.S. Attorney Jacob Wishard.
Prior Felon from Taos Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Ivan Lujan, 32, of Taos, N.M., was sentenced today in federal court in Santa Fe, N.M., to 51 months in prison followed by three years of supervised release for violating the federal firearms laws.
Lujan was arrested on Oct. 28, 2015, on a criminal complaint charging him with being a felon in possession of a firearm on Oct. 9, 2015, in Bernalillo County, N.M. Lujan was prohibited from possessing firearms or ammunition because of his previous convictions in the 8th Judicial District of New Mexico for trafficking a controlled substance, possession of cocaine, aggravated assault with a deadly weapon, and possession of a firearm or destructive device by a felon.
On Nov. 12, 2015, Lujan entered a guilty plea to a felony information charging him with being a felon in possession of a firearm. In his plea agreement, Lujan admitted that on Oct. 9, 2015, he possessed a semiautomatic pistol even though he was prohibited from doing so 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, the Bernalillo County Sheriff’s Office and the Albuquerque Police Department. Assistant U.S. Attorney Jacob Wishard prosecuted the case.
Mexican National Arrested in New Mexico Based on Seizure of More Than Seven Pounds of HeroinRead the Press Release
ALBUQUERQUE – Aaron Martin Mercado-Gracia, 30, a Mexican national from Durango, Mexico, made his initial appearance today in federal court in Albuquerque, N.M., on a criminal complaint charging him with possession of more than seven pounds of heroin with intent to distribute. Mercado-Gracia remains in federal custody pending a preliminary hearing and a detention hearing scheduled for April 13, 2016.
The federal charge against Mercado-Gracia was announced by U.S. Attorney Damon P. Martinez, 13th Judicial District Attorney Lemuel Martinez, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Tex., and New Mexico State Police Chief Pete Kassetas.
Mercado-Gracia was arrested on March 25, 2016, after New Mexico State Police officers allegedly found approximately 3.28 kilograms (7.25 pounds) of heroin concealed in the vehicle Mercado-Gracia was driving during a routine traffic stop on Interstate 40 in Cibola County, N.M.
If convicted of the charge in the criminal complaint, Mercado-Gracia faces a statutory penalty of a mandatory minimum of ten years and a maximum of life in federal prison. Charges in criminal complaints are merely accusation and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of Homeland Security Investigations and the New Mexico State Police with assistance from the 13th Judicial District Attorney’s Office for the State of New Mexico.
Assistant U.S. Attorney Eva M. 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 Bernalillo County, DEA, Healing Addiction in our Community (HAC) 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.
Hobbs Man Sentenced to 151 Months in Federal Prison for Trafficking Drugs in Lea and Bernalillo CountiesRead the Press Release
ALBUQUERQUE – Joe Padilla, 34, of Hobbs, N.M., was sentenced this morning in federal court in Las Cruces, N.M., to 151 months in federal prison followed by four years of supervised release for his conviction on narcotics trafficking charges.
Padilla was one of eight defendants charged as the result of an investigation primarily targeting a drug trafficking organization operating in Lea County, N.M., that allegedly was led by co-defendant Leroy Castillo, 34, of Hobbs, N.M. The investigation, which was led by the FBI and Lea County Drug Task Force (LCDTF) with assistance from the DEA and New Mexico State Police, 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.
Padilla was arrested in Feb. 2015, on an indictment charging him and co-defendants Castillo, Richard Armijo-Romero, 24, of Moriarity, N.M., Sergio Garza, 35, also of Hobbs, Ruben Estrada, 54, of Las Vegas, N.M., and Charlie Gutierrez, 35, of Albuquerque, N.M., with trafficking narcotics in Lea and Bernalillo Counties, N.M., between late April 2014 and early May 2014. Count 1 of the seven-count indictment charged all six defendants with participating in a cocaine trafficking conspiracy in Lea County in late April and early May 2014. Count 2 charged the six men with participating in a conspiracy to distribute cocaine in Bernalillo County, N.M., on May 1, 2014. Counts 3 and 4 charged Castillo with possession of cocaine and heroin with intent to distribute on May 1, 2014 in Lea County, and Counts 5 and 6 charged Garza with possession of cocaine with intent to distribute on May 1, 2014. Count 7 charged Garza with using and carrying a firearm in relation to a drug trafficking crime.
Padilla was also charged in a separate seven-count indictment filed in June 2014, along with co-defendants Castillo, Mario Flores, 30, of Artesia, N.M., Anthony Pisana, 30, of Roswell, N.M., and Rolando Cantu, 40, of Hobbs. Count 1 of the indictment charged the four men with participation in a methamphetamine trafficking conspiracy from Feb. 2014 through May 2014, in Lea County. Counts 2 and 3 charged certain defendants with possession of methamphetamine with intent to distribute in Eddy and Lea Counties in March 2014, and Counts 4 through 7 charged certain of the defendants with using telephones to facilitate drug trafficking crimes in
Feb., March and April 2016.
Padilla pled guilty on April 7, 2015, to participating in a cocaine trafficking conspiracy and a methamphetamine trafficking conspiracy and to using a telephone to facilitate a drug trafficking crime. Padilla admitted that on April 29, 2014, he agreed with his co-conspirators to deliver money for the purchase of four kilograms of cocaine to an individual in Albuquerque. Padilla also admitted that on March 1, 2014, he communicated with a co-defendant regarding the purchase and distribution of three ounces of methamphetamine.
With the exception of Castillo, all co-defendants have entered guilty pleas. Castillo, who has yet to be arrested, is considered a fugitive. Individuals with information regarding the whereabouts of Castillo are asked to call the FBI at 505-622-6001. Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
These cases were investigated by the Las Cruces, Roswell and Albuquerque offices of the FBI and the LCDTF, with assistance from the Las Cruces office of the DEA, the New Mexico State Police and the Phoenix Police Department. The cases are being prosecuted by Assistant U.S. Attorneys Terri L. Abernathy and Shaheen P. Torgoley.
The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
New Mexico HOPE Initiative Launches Community Education ProgramRead the Press Release
ALBUQUERQUE – Millions of Americans from coast to coast struggle daily with the negative effects of the nation’s opioid and heroin crisis, but few states are harder hit with overdose deaths than New Mexico. To tackle this growing crisis, Chancellor Paul B. Roth of UNM’s Health Sciences Center and U.S. Attorney Damon P. Martinez launched the New Mexico HOPE – Heroin and Opioid Prevention and Education – Initiative in January 2015.
This initiative is already seeing results. More people are receiving treatment for addiction, and more criminals are being prosecuted for drug trafficking. Now, those efforts will be more fully supported by a comprehensive education program.
“Drug abuse exacts a terrible toll on our community,” said Dr. Roth, a longtime emergency room physician. “This initiative is an important collaboration between our health system and law enforcement to find creative solutions to help people find their way out of the maze of drug addiction.”
“This epidemic does not discriminate. It impacts the lives of the infant born addicted to opioids, and the high school athlete who becomes addicted to opioid painkillers prescribed for an injury and later dies from a heroin overdose, and the grandparent who ends up addicted to opioid painkillers following a medical procedure and doesn’t know where to turn for help. And it impacts the lives of families who are devastated by their loved ones’ addiction and overdose deaths,” said U.S. Attorney Damon P. Martinez. “Through this Initiative, the medical and law enforcement communities are working together to bring hope to New Mexico by educating our communities about the dangers of prescription painkillers and heroin to prevent more New Mexicans from succumbing to this epidemic.”
The HOPE Initiative’s education efforts will be aimed at preventing abuse and addiction in our state’s youth, as well as helping those who are currently suffering from addiction, to find help and hope of recovery. It will also offer support for families struggling to find treatment and other resources for their loved ones who are addicted. Neighbors, coworkers, and others who feel that their safety may be jeopardized by someone’s addiction to or trafficking of opioid painkillers and heroin, can also find help and resources under this program.
UNM Health Sciences Center and the U.S. Attorney’s office, in collaboration with the Drug Enforcement Administration, Bernalillo County Opioid Accountability Initiative and Healing Addiction in our Community (HAC), a non-profit organization, will be utilizing a newly launched website, billboards, social media, the news media, and community and student education programs to reach the public with messages of prevention, treatment, public safety, and hope.
To view the website, go to hopeinitiativenm.org. Billboards are located at 15 locations in Bernalillo County, most within the vicinity of high schools. An image of the billboard and a list of the billboard locations are attached. Interested New Mexicans can follow HOPE on https://twitter.com/USAO_NM and https://www.facebook.com/usaonm/. For information on scheduling an educational event, contact USANM.HOPE@usdoj.gov. Upcoming event schedules will be available on the website.
HOPE Billboard HOPE Billboard Locations
Mexican National Arrested on Federal Heroin and Cocaine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Diego Mauricio Curiel-Cervantes, 22, a Mexican national, made his initial appearance today in federal court in Albuquerque, N.M., on a criminal complaint charging him with heroin and cocaine trafficking offenses. Curiel-Cervantes remains in federal custody pending a preliminary hearing and a detention hearing scheduled for April 11, 2016.
Curiel-Cervantes was arrested early this morning after the DEA agents allegedly 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.
If convicted on the charges in the criminal complaint, Curiel-Cervantes faces a statutory penalty of a mandatory minimum of ten years and a maximum of life in federal prison. Charges in criminal complaint are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.
The New Mexico Heroin and Opioid Prevention and Education (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 Bernalillo County, the Albuquerque City Council, DEA, Healing Addiction in our Community (HAC) 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.
Arizona Man Arrested in New Mexico Based on DEA Seizure of More than Ten Pounds of HeroinRead the Press Release
ALBUQUERQUE – Jose Andres Ramirez, 24, of Phoenix, Ariz., made his initial appearance today in federal court in Albuquerque, N.M., on a criminal complaint charging him with possessing more than ten pounds of heroin with intent to distribute. Ramirez remains in federal custody pending a preliminary hearing and a detention hearing scheduled for April 11, 2016.
Ramirez was arrested yesterday after the DEA allegedly found 4.85 gross kilograms (10.69 pounds) of heroin concealed in his luggage at the Greyhound Bus Station in Albuquerque.
If convicted of the charge in the criminal complaint, Ramirez faces a statutory penalty of a mandatory minimum of ten years and a maximum of life in federal prison. Charges in criminal complaint are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Rumaldo Armijo.
The New Mexico Heroin and Opioid Prevention and Education (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 Bernalillo County, the Albuquerque City Council, DEA, Healing Addiction in our Community (HAC) 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 Man Sentenced to Prison for Conviction Arising Out of Robbery of Retail Pharmacy in August 2014Read the Press Release
ALBUQUERQUE – Roy Christopher, 29, of Albuquerque, N.M., was sentenced today in federal court to 41 months in prison followed by three years of supervised release for his theft of medical products conviction arising out of the robbery of an Albuquerque-area retail pharmacy in Aug. 2014.
Christopher was one of six defendants charged in four indictments that were announced by federal and local officials on April 29, 2015. The indictments alleged that the six defendants robbed retail pharmacies in Albuquerque to illegally obtain Oxycodone and other highly addictive opioid painkillers. The four indictments charged Christopher and five other Albuquerque residents with crimes arising out of the armed robberies of retail pharmacies, including violations of the Controlled Substance Registrant Protection Act and the Safe Doses Act, laws passed to address the theft and diversion of prescription drugs.
Christopher was indicted on April 28, 2015, and charged with (1) violating the Hobbs Act by interfering with interstate commerce by robbery and violence; (2) violating the Safe Doses Act by theft of medical products; and (3) possession of Oxycodone with intent to distribute. The charges against Christopher arise out of the robbery of a CVS Pharmacy on Aug. 3, 2014.
On Nov. 17, 2015, Christopher pled guilty to Count 2 of the indictment charging him with violating the Safe Doses Act by robbery involving controlled substances. In entering the guilty plea, Christopher admitted that on Aug. 3, 2014, he entered the CVS pharmacy and handed the attending pharmacy employee a note demanding Oxycodone and that the pharmacy employee complied with his demand. Christopher was apprehended shortly after the robbery. Christopher admitted that he stole more than 200 Oxycodone pills of various dosages during the robbery.
The pharmacy robbery cases involving the other five defendants have been resolved as follows:
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On July 1, 2015, Victor Hurtado, 20, pled guilty to felony charges arising out of the Jan. 6, 2015, armed robbery of the Smith’s Pharmacy located at 4016 Louisiana Blvd. NE in Albuquerque. Hurtado was sentenced on Dec. 10, 2015, to 141 months in federal prison followed by five years of supervised release.
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On Sept. 17, 2015, Valentin Garcia, 23, pled guilty to felony charges arising out of the Jan. 30, 2015, armed robbery of the CVS Pharmacy located at 4201 Montano in Albuquerque.Garcia was sentenced on Dec. 17, 2015, to ten years in federal prison followed by three years of supervised release.
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On Sept. 4, 2015, Blake Gallardo, 22, pled guilty to felony charges arising out of the June 6, 2015, robbery of a Walgreens Pharmacy located at 1201 Unser Blvd. NW in Albuquerque.Gallardo was sentenced on Dec. 15, 2015, to 15 years in federal prison followed by three years of supervised release.
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On Sept. 24, 2015, Josephine Duran, 23, pled guilty to felony charges arising out of the June 6, 2015, robbery of a Walgreens Pharmacy located at 1201 Unser Blvd. NW in Albuquerque.Under the terms of her plea agreement, Duran will be sentenced to a prison term within the range of 48 to 100 months.
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On Jan. 19, 2016, Joseph Montano, 23, pled guilty to felony charges arising out of the Jan. 6, 2015, armed robbery of the Smith’s Pharmacy located at 4016 Louisiana Blvd. NE in Albuquerque. Under the terms of his plea agreement, Montano will be sentenced within the range of 80 to 120 months in federal prison.
These cases were investigated by the Albuquerque office of the FBI, the Tactical Diversion Squad of the DEA in Albuquerque, and the Albuquerque Police Department, with assistance from the 2nd Judicial District Attorney’s Office in Bernalillo County. The cases are being 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.
These cases are being prosecuted pursuant to a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. 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.
The cases also are being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative 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.
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.
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Roswell Man Pleads Guilty to Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – Jason Martinez, 27, of Roswell, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking charges under a plea agreement with the U.S. Attorney’s Office.
Martinez and his co-defendant Joseph Vallejos, 23, also of Roswell, were charged in a criminal complaint with conspiracy and possession of methamphetamine with intent to distribute in Sept. 2015, in Chaves County, N.M. According to the criminal complaint, on Sept. 10, 2015, Martinez and Vallejos sold quantities of methamphetamine to an undercover agent on the following dates: 15.3 grams on Sept. 10, 2015, 15 grams on Sept. 11, 2015, and 56.7 grams on Sept. 16, 2015. Vallejos was also charged with possessing a firearm during the Sept. 16, 2015 transaction.
Martinez and Vallejos were subsequently indicted on Dec. 17, 2015, and charged with conspiracy to distribute methamphetamine and three counts of distributing methamphetamine. The indictment also charged Vallejos with using a firearm in relation to a drug trafficking crime. The indictment included forfeiture allegations requiring Martinez and Vallejos to forfeit $3,000.00 to the United States.
During today’s proceedings, Martinez pled guilty to the indictment and admitted conspiring to sell a total of 87 grams of methamphetamine to an undercover agent in Chaves County in Sept. 2015.
At sentencing, Martinez faces a statutory minimum of five years and a maximum of 40 years in federal prison followed by not less than four years of supervised release. Martinez remains in custody pending a sentencing hearing which has yet to be scheduled.
Vallejos has entered a not guilty plea to the indictment and remains in custody pending trial which is currently scheduled for June 20, 2016. Charges in indictments are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
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 of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Convicted Sex Offender from Albuquerque Sentenced to Ten Years for Possessing Child PornographyRead the Press Release
ALBUQUERQUE – Michael Lippke, 71, a previously convicted sex offender residing in Albuquerque, N.M., was sentenced today in federal court to ten years in prison followed by five years of supervised release for possessing child pornography. Lippke will be required to register as a sex offender after he completes his prison sentence. Lippke was also ordered to pay $10,000 in restitution to the victims depicted in the child pornography involved in his crimes of conviction.
Lippke was arrested on July 16, 2015, on an indictment charging him with two counts of distribution of visual depictions of minors engaged in sexually explicit conduct and seven counts of possessing visual depictions of minors engaged in sexually explicit conduct. The indictment charged Lippke with distributing child pornography on July 20, 2014 and July 22, 2014, and possessing child pornography between Aug. 21, 2010 and Dec. 10, 2014, on several computers and computer-related media. According to the indictment, the nine offenses were committed in Bernalillo County, N.M.
On Jan. 8, 2016, Lippke pled guilty to the seven possession of child pornography charges, and admitted possessing child pornography from Aug. 21, 2010 through Dec. 10, 2014.
This case was investigated by the Albuquerque office of the Homeland Security Investigations and the Office of the New Mexico Attorney General, with assistance from the 2nd Judicial District Attorney’s Office. All are members of the New Mexico Internet Crimes Against Children (ICAC) Task Force.
The case was prosecuted by Assistant U.S. Attorney Sarah Mease as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
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. This case was investigated by the ATF office in Albuquerque and APD.
The case was also prosecuted under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rate, on a per capita basis, is one of the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, N.M., under this initiative.
Albuquerque Man Sentenced to Federal Prison for Robbing US Bank Branch in January 2015Read the Press Release
ALBUQUERQUE – Joshua Hicks, 31, of Albuquerque, N.M., was sentenced today in federal court to 46 months in prison for robbing the US Bank Branch located on Carlisle Blvd. NE in Albuquerque, in Jan. 2015. Hicks will be on supervised release for three years after completing his prison sentence.
Hicks was arrested Feb. 9, 2015, based on a criminal complaint charging him with robbing the US Bank branch on Jan. 2, 2015. According to the criminal complaint, Hicks robbed the bank on Jan. 2, 2015, by handing the bank teller a crumpled hand written note which included the words “have gun,” “robbed” and “money.” The teller recognized it as a robbery note and handed money over to Hicks who then left the bank.
Hicks was indicted on Feb. 10, 2015, and charged with committing a bank robbery in Bernalillo County, N.M., on Jan 2. 2015. Hicks pled guilty to the indictment without the benefit of a plea agreement on Sept. 14, 2015.
This case was investigated by the Albuquerque office of the FBI and the Albuquerque Police Department and was prosecuted by Assistant U.S. Attorney Norman Cairns.
Acoma Pueblo Man Pleads Guilty to Domestic Assault by a Habitual Offender ChargeRead the Press Release
ALBUQUERQUE – Darrell Chino, Jr., 34, an enrolled member of Acoma Pueblo who resides in Acomita, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to a domestic assault by a habitual offender charge. Under the terms of his plea agreement, Chino will be sentenced within the range of 33 to 57 months in federal prison followed by a term of supervised release to be determined by the court.
Chino was arrested on Sept. 23, 2015, on a criminal complaint charging him with domestic assault of an intimate partner by a habitual offender on Aug. 18, 2015, in Cibola County, N.M. According to the complaint, on Aug. 18, 2015, Chino assaulted an Acoma Pueblo woman by placing his hands around the victim’s throat, shoving her to the ground and attempting to kick her. Chino was subsequently indicted on the same charge on Sept. 22, 2015. Court records indicate that Chino had previously been convicted of assault against a household member in 2011 and 2012, in the 2nd Judicial District Court for the State of New Mexico.
During today’s proceedings, Chino pled guilty to a felony information charging him with domestic assault by a habitual offender and admitted that on Aug. 18, 2015, he assaulted his intimate partner by grabbing her throat and throwing her to the ground causing her to suffer bodily injury. Chino committed the crime in Acoma Pueblo in Cibola County. Chino also acknowledged that he had at least two prior domestic assault convictions. Chino remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Pueblo Tribal Police Department, and is being prosecuted by Assistant U.S. Attorney Sarah Mease.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
*****media Advisory*****Read the Press Release
April 10-11, 2016 Events Featuring Sam Quinones, Author of “Dreamland: The True Tale of America’s Opiate Epidemic,” Hosted by Healing Addiction in our Communities (HAC), Bernalillo County, UNM Health Sciences Center
ALBUQUERQUE – The community is invited to attend a free book signing and keynote address by Sam Quinones, acclaimed author of “Dreamland: The True Tale of America’s Opiate Epidemic” this Monday, April 11, 2016, at the African American Performing Arts Center. Doors open at 5:00 pm at the center, located at 310 San Pedro Drive NE at Expo New Mexico.
New Mexico faces a major public health and public safety crisis, a true epidemic of heroin and opioid addiction that is tearing families apart, draining public resources, creating a new generation of addicts, and leading to an unprecedented number of overdose deaths. Although medical science and law enforcement have key roles in responding to this crisis, treatment and prosecution are not enough. A coalition comprised of Healing Addiction in our Community (HAC), Bernalillo County and the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative partnership between the UNM Health Sciences Center and the U.S. Attorney’s Office (collectively, the Coalition) is working to create and implement new strategies for education, prevention and intervention to turn the tide against this epidemic.
The Coalition has come together to provide two days of community education and awareness through a series of events in Albuquerque featuring Sam Quinones, acclaimed author of “Dreamland: The True Tale of America’s Opiate Epidemic,” a book that recounts the personal journeys of addicts, drug traffickers, doctors, pharmaceutical executives, law enforcement officers, and the many families affected by the disease of addiction. “Dreamland” helps us understand how prescription painkillers spawned a new generation of heroin addicts and how heroin traveled from Mexico to Santa Fe and Española. The book offers hope for a better future.
During the community education and awareness events, which are described below, Sam Quinones will join members of the Coalition and the community as we look back over the past five years in New Mexico, share the journey and results of our efforts, and discuss where we are today and our hopes for the future. Sam Quinones and Coalition members will be participating in the events described below, some of which are open to the media.
Sunday, April 10, 2016
7:00 pm – 8:30 pm
Scalo Northern Italian Grill
A “meet and greet” reception for Sam Quinones will be hosted by Scalo Northern Italian Grill. This event is sold-out and is not open to the media.
Monday, April 11, 2016
6:30 am – 8:00 am
KRQE-TV
Sam Quinones, U.S. Attorney Damon P. Martinez and Bernalillo County Commissioner Maggie Hart Stebbins will be guests on KRQE This Morning.
9:15 am – 10:00 am
KNME-TV/New Mexico PBS
Sam Quinones will be interviewed by Megan Kamerick for KNME’s New Mexico in Focus program that will air on a date to be announced in the near future.
10:30 am – 11:00 am
Serenity Mesa Youth Recovery Center
Sam Quinones and HAC Executive Director Jennifer Weiss-Burke will tour Serenity Mesa Youth Recovery Center, a sober living facility for adolescents and young adults ages 14-21 who are struggling with addiction. This event is not open to the media.
12:00 pm – 12:30 pm
UNM Domenici Auditorium
Domenici Center for Health Sciences Education
1001 Stanford Drive NE
University of New Mexico
Chancellor Paul B. Roth of the UNM Health Sciences Center and Dean Lynda Welage of the UNM College of Pharmacy will host a ceremony during which FBI Special Agent in Charge Terry Wade will present the 2015 FBI Director’s Community Leadership Award to the UNM College of Pharmacy for its outstanding contribution to preventing drug abuse through its “Generation Rx” education and community awareness program. Sam Quinones, U.S. Attorney Damon P. Martinez, Bernalillo County Commissioner Maggie Hart Stebbins, HAC Executive Director Jennifer Weiss-Burke and DEA Assistant Special Agent in Charge Sean R. Waite will attend the ceremony.
This event is OPEN PRESS. Inquiries regarding logistics should be directed to Frank Fisher at 505-889-1438 (office), 505-681-8906 (cell).
12:30 pm – 1:45 pm
UNM Comprehensive Cancer Center
Chancellor Paul B. Roth and the UNM Health Sciences Center, as part of the New Mexico HOPE Initiative, will host Sam Quinones at a luncheon and informal meet and greet to discuss the opioid epidemic afflicting New Mexico. Participants will include U.S. Attorney Damon P. Martinez, Bernalillo County Commissioner Maggie Hart Stebbins, HAC Executive Director Jennifer Weiss-Burke, FBI Special Agent in Charge Terry Wade, DEA Assistant Special Agent in Charge Sean R. Waite and other representatives from HAC, Bernalillo County, the U.S. Attorney’s Office, DEA and FBI. This event is not open to the media.
5:00 pm – 8:30 pm
African American Performing Arts Center
Expo New Mexico
310 San Pedro Drive NE
Sam Quinones will deliver a keynote address at 6:30 p.m., followed by a roundtable discussion that will be moderated by Emmy Award winning documentary producer Chris Schueler. Doors will open at 5:00 pm, with a book signing at 5:30 pm. The event will conclude at 8:30 pm following closing remarks by Bernalillo Commissioner Maggie Hart Stebbins. Refreshments will be served. THIS EVENT IS FREE AND OPEN TO THE PUBLIC.
The following individuals will participate in the roundtable discussion:
HAC – Executive Director Jennifer Weiss-Burke
APS –Susan McKee, Counseling Manager, Prevention/Intervention
U.S. Attorney Damon P. Martinez
DEA Assistant Special Agent in Charge Sean R. Waite
UNM Health Sciences Center – Dr. Joanna Katzman, Director, UNM Pain Center
Bernalillo County – Bill Wiese
Dreamland Author – Sam Quinones
This event is OPEN PRESS. Inquiries regarding logistics should be directed to Alyssa Ferda at 505-224-1480 or alyssa.ferda@usdoj.gov.
A public service announcement and a GovTV segment of “Conversations with the Commissioner” regarding the main Dreamland event may be viewed at: https://www.youtube.com/watch?v=_Lo1RJasPd4 and https://www.youtube.com/watch?v=C1pFsODGjao.
Healing Addiction in Our Community (HAC) is a non-profit organization that was founded 6 years ago by a group of concerned parents and grandparents. HAC is dedicated to providing education and awareness to our community about the heroin and opiate epidemic that plagues our state. HAC provides the voices for those who have lost their lives to addiction and for those who continue to struggle.
Bernalillo County Commissioner Maggie Hart Stebbins is proud to sponsor this community outreach effort and promote more awareness of heroin and opioid abuse in New Mexico. Commissioner Hart Stebbins is the driving force behind the Bernalillo County Opioid Accountability Initiative, collective impact strategy working to align the activities of government, nonprofit, healthcare, law enforcement, and community leaders to strengthen systems that address the use and abuse of prescription opioids and heroin.
The New Mexico Heroin and Opioid Prevention and Education (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 and because the consequences of heroin and opioid use affect all New Mexicans by impacting public safety, public health and the economic viability of our communities. 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 comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
*****media Advisory*****Read the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Richard Larson, M.D., Ph.D., Executive Vice Chancellor and Vice Chancellor of Research for UNM Health Sciences Center, will hold a press conference at 10:00 A.M. on FRIDAY, APRIL 8, 2016, to announce a new community education program under the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative partnership between the UNM Health Sciences Center and the U.S. Attorney’s Office. The U.S. Attorney and Executive Vice Chancellor will be joined by community stakeholders who are collaborating with the HOPE Initiative partners to develop and implement education, prevention and intervention strategies to combat the heroin and opioid epidemic that is having devastating consequences in New Mexico.
WHO:
U.S. Attorney Damon P. Martinez
Richard Larson, M.D., Ph.D., Executive Vice Chancellor and Vice Chancellor of Research for UNM Health Sciences Center
Bernalillo County Commissioner Maggie Hart Stebbins, District 3
City Councilor Diane Gibson, District 7
Ryan P. Cangiolosi, Chief Strategic Advisor, Office of Strategy and Engagement at the UNM Health Sciences Center
Asst. Special Agent in Charge Sean R. Waite, DEA Albuquerque District Office
Jennifer Weiss-Burke, Executive Director, Healing Addiction in our Community
Lou Duran, Prevention Specialist/Event Coordinator, Healing Addiction in our Community
WHEN:
FRIDAY, APRIL 8, 2016
10:00 a.m.
WHERE:
U.S. Attorney’s Office of the District of New Mexico
201 Third Street NW
10th Floor Multi-Media Room (Reception on Ninth Floor)
Albuquerque, NM 87102
OPEN PRESS
NOTE: All media must present government-issued photo I.D. (i.e., driver’s license) and valid media credentials. Media may begin to arrive at 9:45 a.m. MDT. Inquiries regarding logistics should be directed to Alyssa Ferda at 505-224-1480 or alyssa.ferda@usdoj.gov.
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 Bernalillo County, the Albuquerque City Council, DEA, Healing Addiction in our Community (HAC) 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 Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The new community education program is part of the prevention and education component of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Chaves County Man Pleads Guilty to Federal Firearms Charge and Possessing Contraband in PrisonRead the Press Release
ALBUQUERQUE – Richard Gonzales, 30, of Dexter, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to violating federal firearms laws and possession of contraband in prison.
Gonzales was arrested in Feb. 2016, on a criminal complaint charging him with being a felon in possession of a firearm and ammunition and possessing contraband in prison. According to the complaint, law enforcement officers found Gonzales, who is a convicted felon, in possession of a firearm and ammunition on Nov. 5, 2015, during a routine traffic stop. Thereafter, on Nov. 23, 2015, corrections officers at the Chaves County Detention Center recovered 14.6 grams of methamphetamine from Gonzales during a strip search after he returned to the detention center following his initial appearance in federal court in Roswell, N.M.
During today’s proceedings, Gonzales pled guilty to a felony information charging him with being a felon in possession of a firearm and possession of contraband in prison. In entering his guilty plea, Gonzales admitted that he unlawfully possessed a firearm on Nov. 5, 2015, in Chaves County, N.M. He acknowledged that he was prohibited from possessing firearms or ammunition as a result of his prior convictions for burglary, conspiracy to commit burglary and being a felon in possession of a firearm.
Gonzales also admitted possessing 14.6 grams of methamphetamine on Nov. 23, 2015, while he was incarcerated at the Chaves County Detention Center. Gonzales further admitted that he was on supervised release for a prior conviction at the time he committed the two crimes charged in the felony information.
At sentencing, Gonzales faces a maximum of 20 years in federal prison followed by up to three years of supervised release. Gonzales remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Chaves County Metro Narcotics Task Force and the Roswell Police Department. Assistant U.S. Attorney Alfred J. Perez of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
El Paso, Texas Man Pleads Guilty in New Mexico to Federal Drug Trafficking Charge Arising from Seizure of Almost Six Pounds of HeroinRead the Press Release
ALBUQUERQUE – Luis Alejandro Escapite Perez, 21, of El Paso, Texas, pleaded guilty today in federal court in Albuquerque, N.M., to a heroin trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Perez was arrested on Oct. 13, 2015, on a criminal complaint charging him with possession of heroin with intent to distribute in Valencia County, N.M. According to the complaint, Perez was arrested after law enforcement officers discovered approximately 2.67 kilograms (5.9 pounds) of heroin concealed inside Perez’s vehicle during a traffic stop on Interstate 25 near Belen, N.M. Perez was subsequently indicted on the same charge on Dec. 17, 2015. The indictment included forfeiture allegations requiring Perez to forfeit a white 2011 Volkswagen Jetta to the United States.
During today’s proceedings, Perez pled guilty to the indictment. In entering the guilty plea, Perez admitted that on Oct. 13, 2015, he was in the process of transporting 2.67 kilograms of heroin to Albuquerque when he was stopped by law enforcement officers. Perez admitted that he previously delivered heroin from the area of El Paso and Juarez, Mexico to Albuquerque on April 28, 2015 and May 18, 2015. During each of these prior deliveries, Perez was paid to transport the heroin from the El Paso and Juarez, Mexico area to Albuquerque.
At sentencing, Perez faces a statutory minimum of ten years and a maximum of life in federal prison. Perez remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA and the New Mexico State Police. Assistant U.S. Attorney Shaheen P. Torgoley is prosecuting the case.
This case was prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative 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.
Albuquerque Men Ordered Detained Pending Trial on Federal Bank Robbery ChargesRead the Press Release
ALBUQUERQUE – This morning a U.S. Magistrate Judge sitting in Albuquerque, N.M., found probably cause to support a criminal complaint charging Greg Miera, 50, Martin Huerta, 43, Christian Herrera, 20, Isaiah Gallegos, 20, and Christopher Gallegos, 31, all of Albuquerque, with bank robbery. The Magistrate Judge ordered Miera, Huerta and Christopher Gallegos detained pending trial, and released Herrera and Isaiah Gallegos to a half-way house under pretrial supervision and other conditions of release.
Miera, Huerta, Herrera, Isaiah Gallegos and Christopher Gallegos were arrested on March 30, 2016, by the FBI and Albuquerque Police Department after a source identified the men as the individuals involved in robbing the US Bank located at 5620 Wyoming Blvd. NE in Albuquerque, on March 30, 2016. The complaint alleged that APD officers conducted surveillance as a vehicle with four men pulled up to the US Bank on the afternoon of March 30, 2016. Three of the men remained outside in the vehicle while the fourth entered the US Bank, threatened to shoot the bank employees, and demanded that two bank tellers place cash into a plastic bag.
APD officers continued to conduct surveillance as the fourth man reentered the vehicle and the vehicle was driven to a residence in the North Valley of Albuquerque where the officers later allegedly observed Miera throw a plastic bag containing cash over a fence into a vacant lot. Thereafter, the FBI executed a search warrant at the residence and also retrieved the plastic bag with cash that allegedly was discarded by Miera.
If convicted of the crimes charged in the criminal complaint, Miera, Huerta, Herrera, Isaiah Gallegos and Christopher Gallegos each face a maximum of 20 years in federal prison. Charges in criminal complaints 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 Albuquerque Police Department. Assistant U.S. Attorney Paul Mysliwiec is prosecuting the case.
Carlsbad Man Arrested on Federal Arson ChargeRead the Press Release
ALBUQUERQUE – Travis Hayslip, 36, of Carlsbad, N.M., made his initial appearance today in federal court in Las Cruces, N.M., on a criminal complaint charging him with arson. Hayslip remains in custody pending a preliminary hearing and a detention hearing which have yet to be scheduled.
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 allegedly lit a piece of debris with a lighter.
If convicted of the crime charged in the criminal complaint, Hayslip faces a maximum of life in federal prison. Charges in criminal complaints are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
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. Attorney Marisa Lizarraga of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Albuquerque Man Pleads Guilty to Federal Firearms ChargeRead the Press Release
ALBUQUERQUE – Marcos Barela, 28, of Albuquerque, N.M., pleaded guilty today in federal court to violating the federal firearms laws under a plea agreement with the U.S. Attorney’s Office.
Barela was charged by federal indictment on Oct. 7, 2015, with unlawfully possessing a firearm and ammunition on May 4, 2015, in Bernalillo County, N.M. According to the indictment, Barela was prohibited from possessing firearms or ammunition because of his prior criminal history which includes felony convictions for embezzlement, robbery, conspiracy to commit robbery, possession of a controlled substance, battery on a peace officer, arson and criminal damage to property.
Barela was arrested on a warrant for a state probation violation on May 4, 2015. He was arrested on the federal indictment Jan. 21, 2016, after he was transferred to federal custody from state custody.
During today’s proceedings, Barela pled guilty to the indictment and admitted that on May 4, 2015, he was in possession of a loaded firearm which he handled and placed in in the back pocket of his pants upon his arrest by law enforcement.
At sentencing, Barela faces a statutory maximum penalty of ten years in federal prison. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque offices of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the DEA with assistance from the 2nd Judicial District Attorney’s Office and the Probation and Parole Division of the New Mexico Corrections Department.
Assistant U.S. Attorney David M. Walsh 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 Bernalillo County, N.M., under this initiative.
Navajo Man from Shiprock Pleads Guilty to Federal Child Sexual Abuse ChargeRead the Press Release
ALBUQUERQUE – Harrison Cambridge, 56, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to an abusive sexual contact charge. Under the terms of his plea agreement, Cambridge will be sentenced within the range of 30 to 42 months in federal prison followed by a term of supervised release to be determined by the court. Cambridge will also be required to register as a sex offender after he completes his prison sentence.
Cambridge was arrested in Dec. 2015, on a criminal complaint alleging that he sexually abused a Navajo child under the age of 12 on Dec. 20, 2015, on the Navajo Indian Reservation in San Juan County, N.M.
Cambridge was indicted on Jan. 14, 2016, and charged with abusive sexual contact of a child under the age of 12. During today’s change of plea hearing, Cambridge entered a guilty plea to the indictment. Cambridge remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. The case was prosecuted by Assistant U.S. Attorney Joseph Spindle as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Albuquerque Man Sentenced for Misdemeanor Conviction for Misbranding Drugs and Tobacco ProductsRead the Press Release
ALBUQUERQUE – Abdelrhman Barash, 37, of Albuquerque, N.M., was sentenced today in federal court to a year and a day in prison followed by one year of supervised release for misbranding drug or tobacco products.
Barash was charged in a criminal complaint with “spice” trafficking on Sept. 5, 2014, in Bernalillo County, N.M., based on a sale of synthetic cannabinoids to an undercover officer at Barash’s store, Snack & Smoke Shop at 2118 Central Ave. in Albuquerque. Thereafter, Barash was indicted and charged with distributing a controlled substance analogue on Sept. 5, 2014.
On Dec. 28, 2015, Barash pled guilty to a misdemeanor information charging him with two counts of delivering misbranded food, drugs, tobacco products, devices or cosmetics into interstate commerce. In entering the guilty plea, Barash admitted that on Sept. 5, 2014, he owned and worked at Snack & Smoke Shop and that on that date he introduced into interstate commerce at least two packages of a misbranded product.
This case was investigated by the Albuquerque office of the DEA and was prosecuted by Assistant U.S. Attorney Jennifer M. Rozzoni.
The controlled substances charged in the complaint and indictment are synthetic cannabinoids, commonly referred to as “spice.” According to the DEA, over the past several years, there has been a growing use of synthetic cannabinoids. Smoke-able herbal blends marketed as being “legal” and providing a marijuana-like high have become increasingly popular because they are easily available and, in many cases, more potent and dangerous than marijuana. These products consist of plant material that has been coated with dangerous psychoactive compounds that mimic THC, the active ingredient in marijuana. These substances, however, have not been approved by the Food and Drug Administration for human consumption, and there is no oversight of the manufacturing process. Synthetic cannabinoids often are labeled as incense to mask their intended purpose.
Valencia County Man Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Tomas Torres, 31, of Peralta, N.M., was sentenced today in federal court in Albuquerque, N.M., to 92 months in prison for violating the federal firearms laws. Torres will be on supervised release for three years after completing his prison sentence.
Torres was arrested on Sept. 10, 2014, on an indictment charging him with being a felon in possession of a firearm and ammunition and possession of a firearm with an obliterated serial number on Jan. 11, 2014, in Valencia County, N.M. Torres was prohibited from possessing firearms or ammunition because he previously had been convicted of numerous felony offenses including, possession of heroin with intent to distribute, possession of heroin, commercial burglary, criminal damage to property and unlawful taking of a motor vehicle.
On Dec. 22, 2015, Torres pled guilty to the indictment and admitted that on Jan. 11, 2014, he possessed a handgun with an obliterated serial number which he tried to conceal in his mother’s vehicle when he found out police officers were searching for him. Torres further admitted that on Jan. 13, 2014, officers executed a search warrant on his vehicle and found approximately 20 rounds of ammunition inside the vehicle.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Peralta Police Department and the Los Lunas Police Department.
Assistant U.S. Attorneys Rumaldo R. Armijo and Edward Han prosecuted 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 Valencia County, N.M., under this initiative.
Jemez Pueblo Man Sentenced to Life Imprisonment for Federal Felony Murder ConvictionRead the Press Release
ALBUQUERQUE – Gavin Yepa, 31, a member and resident of Jemez Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to life imprisonment on his felony murder conviction. The sentence was announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division.
Yepa was arrested on Jan. 3, 2012, on a criminal complaint charging him with killing a 38-year-old Navajo woman during a sexual assault that took place at Yepa=s residence on Jemez Pueblo on the night of December 28, 2011. Yepa previously had been arrested on related tribal charges on Dec. 28, 2011, and remained in tribal custody until his arrest on the federal criminal complaint.
In Jan. 2012, a federal grand jury indicted Yepa on a felony murder charge alleging that the victim died as the result of an aggravated sexual assault by Yepa. Trial of the case was delayed by interlocutory appeals. The trial commenced on July 27, 2015, and concluded Aug. 7, 2015, when the jury returned a guilty verdict on the sole count of the indictment.
The evidence at trial established that Yepa met the victim in San Ysidro, N.M., on the evening of Dec. 28, 2011, and took her to his residence. Shortly before midnight, Yepa contacted tribal officials and reported that there was a woman in his home who was not breathing. When Yepa escorted the officials into his residence, they observed a large amount of blood on the floor throughout the house and found the victim’s nude body, which was covered with blood, in a bedroom.
The investigation revealed that the victim had been brutally sexually assaulted with three items, all of which were found at the crime scene. DNA analysis confirmed that the victim’s blood was on all three items.
“Native American women experience violence, including domestic violence, dating violence, sexual assault, stalking and murder, at rates dramatically higher than other women in this country. This is a cycle of violence that cannot be tolerated and must end,” said U.S. Attorney Damon P. Martinez. “The U.S. Attorney’s Office is committed to improving the safety of women in our tribal communities by working with tribal governments to decrease the number of Native American women who fall victim to violence; to strengthen the capacity of tribal governments to respond to violent crimes and support victims; and to ensure that perpetrators like Gavin Yepa are held accountable for their crimes and are removed from the community.”
“No one in this country deserves to be a victim of violence. Unfortunately, violence in our Native American communities ravages families, harming mothers, daughters and sisters. They and their loved ones depend on us for justice. Today’s sentencing sends a strong message the FBI and our partners will vigorously pursue justice for each and every victim, especially those who suffer unspeakable crimes and can no longer speak for themselves,” said FBI Special Agent in Charge Terry Wade. “The FBI appreciates the U.S. Attorney's Office's aggressive prosecution in this case, and we thank Jemez Pueblo and the New Mexico State Police for their assistance.”
This case was investigated by the Albuquerque office of the FBI with assistance from the Jemez Pueblo Tribal Officials, the Jemez Pueblo Tribal Police Department and the Crime Scene Unit of the New Mexico State Police. Assistant U.S. Attorneys Niki Tapia-Brito and Linda Mott prosecuted the case.
The prosecution of this case was 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.
California Man Sentenced to Federal Prison for Heroin Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Edwin Rodriguez, 34, of Bell Gardens, Calif., was sentenced today in federal court in Albuquerque, N.M., to 57 months in prison for his heroin trafficking conviction. Rodriguez will be on supervised release for three years after he completes his prison sentence.
Rodriguez was arrested on a criminal complaint charging him with a heroin trafficking offense after the DEA seized 2.3 kilograms (5.07 pounds) of heroin from him during an interdiction investigation at the Greyhound Bus Station in Albuquerque on Feb. 4, 2015. The heroin was concealed in a false compartment in Rodriguez’s baggage. Rodriguez was indicted on Feb. 25, 2015, and charged with possession of heroin with intent to distribute.
On Dec. 16, 2015, Rodriguez pled guilty to possession of heroin with intent to distribute and admitted that on Feb. 4, 2015, he possessed heroin, which he wrapped in bundles and concealed in his suitcase while traveling through Albuquerque on the Greyhound Bus.
This case was investigated by the Albuquerque office of the DEA and was prosecuted by Assistant U.S. Attorney Shaheen P. Torgoley.
This case was prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative 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.
Mexican Nationals Plead Guilty to Heroin Trafficking Charges Arising Out of Ten Pound Heroin Seizure in New MexicoRead the Press Release
ALBUQUERQUE – Ignacio Nieblas, Jr., 22, a Mexican national residing in Berino, N.M., and Bryan Gabriel Marquez-Flores Jr., 19, a Mexican national residing in Phoenix, Ariz., pleaded guilty today to heroin trafficking charges in federal court in Albuquerque, N.M.
Nieblas and Marquez-Flores were arrested on a criminal complaint charging them with possession of heroin with intent to distribute after the DEA seized 4.65 kilograms (10.416 pounds) of heroin from them during an interdiction investigation at the Amtrak Train Station in Albuquerque on Feb. 5, 2016. The heroin was concealed inside the men’s luggage.
Nieblas and Marquez-Flores were subsequently indicted on Feb. 24, 2016, and charge with conspiracy to distribute heroin and possession of heroin with intent to distribute on Feb. 5, 2016, in Bernalillo County, N.M.
During today’s proceedings, Nieblas and Marquez-Flores both pled guilty to felony informations charging them with conspiracy and possession of heroin with intent to distribute. Each admitted that on Feb. 5, 2016, they conspired with others to deliver the heroin seized from them to an intended destination.
At sentencing, Nieblas and Marquez-Flores each face a statutory maximum penalty of 20 years in federal prison. Both men remain in custody pending sentencing hearings which have yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA. Assistant U.S. Attorney Samuel A. Hurtado prosecuted the case pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative 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 trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Jicarilla Apache Woman Pleads Guilty to Federal Child Abuse ChargeRead the Press Release
ALBUQUERQUE – Fawn Lynnstar Vigil, 30, an enrolled member of the Jicarilla Apache Nation who resides in Dulce, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to a child abuse charge.
Vigil was charged on Jan. 26, 2016, in a two-count indictment with (1) child abuse resulting in great bodily harm, and (2) child abuse by operating a motor vehicle recklessly on April 13, 2012, in Indian Country in Rio Arriba County, N.M.
During today’s proceedings, Vigil entered a guilty plea to Count two of the indictment charging her with child abuse. In her plea agreement, Vigil admitted that on April 13, 2012, she negligently operated a motor vehicle recklessly within the Jicarilla Apache Indian Reservation at an excessive speed, causing the vehicle to leave the roadway and roll-over. Vigil admitted that her actions endangered the life and health of a Jicarilla Apache child who was in the vehicle.
At sentencing, Vigil faces a maximum of three years in federal prison followed by up to one year of supervised release. A sentencing hearing has yet to be scheduled.
This case was investigated by the Jicarilla Apache Tribal Police Department and the New Mexico State Police. Assistant U.S. Attorney Joseph Michael Spindle is prosecuting the case.
Albuquerque Man Pleads Guilty to Federal Mail Theft ChargeRead the Press Release
ALBUQUERQUE – David G. Martin, 29, of Albuquerque, N.M., pleaded guilty today in federal court to a theft of mail charge.
Martin was arrested on Jan. 20, 2016, on a criminal complaint charging him with theft of mail. The complaint alleged that on Dec. 30, 2015, Martin unlawfully possessed a large quantity of mail that did not belong to him and a Unite States Postal Service (USPS) Neighborhood Delivery Collection Box Unit (NDCBU). When found in possession of these items, Martin was in a truck that had been reported stolen. A search of the truck revealed that it contained hundreds of pieces of U.S. mail and their content, credit cards and identification that did not belong to Martin.
Martin was subsequently indicted on Feb. 9, 2016, and charged with theft or receipt of stolen mail on Dec. 30, 2015, in Bernalillo County, N.M. During today’s proceedings, Martin pled guilty to the indictment without the benefit of a plea agreement.
At sentencing, Martin faces a maximum penalty of five years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the U.S. Postal Inspection Service and the Albuquerque Police Department and is being prosecuted by Assistant U.S. Attorney Nicholas Jon Ganjei.
Mescalero Apache Man Sentenced to Seven Years for Federal Assault ConvictionRead the Press Release
ALBUQUERQUE – Christopher Bigmouth, 25, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced this morning in Las Cruces, N.M., to 84 months in federal prison followed by three years of supervised release for his conviction on an assault charge.
Bigmouth was arrested on Feb. 20, 2015, on a criminal complaint charging him with assaulting a 14-month-old child on Aug. 22, 2014, by dropping the victim on her head three times. It alleged that the assault occurred on the Mescalero Apache Indian Reservation in Otero County, N.M. The victim was seriously injured and required emergency brain surgery to reduce swelling of the brain.
On Aug. 25, 2015, Bigmouth pled guilty to a felony information charging him with assault resulting in serious bodily injury. In entering the plea, Bigmouth admitted that on Aug. 22, 2014, he intentionally dropped the victim on the floor three times, and that his actions resulted in several injuries to the victim including significant brain swelling requiring emergency surgery and long term cognitive, motor and visual impairment.
This case was investigated by Las Cruces office of the FBI and the Mescalero Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
Las Cruces Man Pleads Guilty to Federal Heroin Trafficking ChargeRead the Press Release
ALBUQUERQUE – Edward Valenciano, 38, of Las Cruces, N.M., pleaded guilty today in federal court to a heroin trafficking charge. Under the terms of his plea agreement, Valenciano will be sentenced to 60 months in federal prison followed by a term of supervised release to be determined by the court.
Valenciano was arrested in June 2015, on a criminal complaint charging him with conspiracy to distribute heroin on June 11, 2015, in Doña Ana County, N.M. The complaint alleged that Valenciano was involved in the sale of approximately 353.4 grams of heroin to an individual working with law enforcement.
Valenciano was subsequently indicted on Oct. 15, 2015, and charged with conspiracy to distribute heroin from June 3 through 16, 2015, and possession of heroin with intent to distribute on June 16, 2015. The indictment included forfeiture allegations requiring Valenciano to forfeit $6,000, proceeds of the drug trafficking charged, to the United States.
During today’s proceedings, Valenciano pled guilty to conspiracy to possess heroin with intent to distribute and admitted that on June 3, 2015, he directed another individual to provide heroin to a person who unbeknownst to him was working with law enforcement. Valenciano further admitted that on June 11, 2015, he accepted $6,000 from the same person in payment for the heroin provided on June 3, 2015.
Valenciano remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA and is being prosecuted by Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative 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.